Shipping, Returns, Warranty, & Indemnification
These policies set out how Ivye Wear, LLC (“Company”) ships orders, handles returns, and warranties customer orders. Please read these policies prior to placing an order. By placing an order, you are accepting the following described policies. These policies may be changed, but any changes will be posted and changes will only apply to orders placed going forward, not retroactive basis.
Company will ship orders to all 50 U.S. states and most countries throughout the world. The company contracts its shipping through Ship Central, an outside third party vendor located in West Jordan, Utah. Any orders received by Company before 1:00 p.m EST, Monday – Friday, will ship the same day the order is received. All orders ship within 24 hours of order receipt. Company will use best efforts to minimize shipping costs. Most domestic orders placed will arrive within two days of being shipped, with rural orders arriving in three days. International orders vary depending on location. Company does ship to military locations (FPO, APO, etc.), with delivery taking approximately 1-2 weeks to arrive.
For United States domestic shipments, most orders ship in a bubble mailer shipped via USPS First Class mail. The company utilizes the following shipping options: USPS First Class Mail, USPS Flat Rate Priority Mail, USPS Priority Mail, UPS, DHL eCommerce (international shipments), DHL Express, Freight/trucking/LTL.
Most unopened products sold by Company in new condition and returned within ten days of purchase will receive a refund. Customer must return products in new or unused condition with all original materials included with the shipment. If you desire to return a product, please email firstname.lastname@example.org with the following information:
- Order Number
- Product description and quantity
- Dates of purchase (all returns must be within 10 days of purchase)
- Reason for return (damage, incorrect, customer error end user, etc.)
Returns must include original receipt, and product order free of any misuse (stains, modifications, defects, or blemishes).
Company warrants to the customer that the Company products will be free from defects in material and workmanship (the “Warranty”) for a period of fourteen (14) calendar days from the original purchase date (“Limited Warranty Period”). This Warranty applies to the Company products only. The determination of whether the products returned to Company satisfies the conditions of this Warranty shall be made by Company in its sole discretion. Company’s only obligations under this Warranty and Customer’s sole remedy for breach of this Warranty are limited to repair of any part or parts of the products that prove to be defective during the Limited Warranty Period or, in Company’s sole discretion, replacement of such products. In addition, Company may, in its sole discretion, provide a refund for defective products in lieu of any repair or replacement.
This Warranty does not cover (i) accessories, (ii) any services offered to you by Company or any third party in connection with the products, (iii) blemishes, marring of appearance or general wear and tear. This Warranty is limited to the customer only and may not be assigned or transferred. This Warranty will be void and of no effect, and Company will have no liability hereunder if: (a) the Product has been subjected to misuse, abuse, negligence, accident, or improper or inadequate maintenance; (b) modifications, repairs, or services are made to the Product by unauthorized or unqualified persons; (c) defects or damage resulting exposure to liquid, moisture, dampness, sand or dirt, or other stains; or (d) the Product has not been purchased directly from Company.
Warranty claims must be placed within ten days of purchase. Warranty claims should be emailed to email@example.com within ten days of order purchase. Any warranty claim made after ten days will not be honored unless an exception is made by Company. Warranty claims will be addressed within five days of receipt by Company. If the Company determines that there is no trouble found with your returned product or the returned product is not eligible for warranty service, Company will ship the product back to you, at Company’s expense. If the Company determines that the product is covered under this Warranty, the Company will repair or replace the product. Incomplete returns will not be accepted.
Please address all returned packages (along with original receipt) to:
4599 South 3150 West
Roy, UT 84067
This Warranty is for repair or replacement of parts or products only. Except to that limited extent, Company will not under any circumstances be liable for any loss, cost, damage, or expense of any kind arising from a breach of these warranties or otherwise.
Without limiting the foregoing, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF A BREACH OF THIS WARRANTY OR IN CONNECTION WITH THE SALE, MAINTENANCE, USE, OPERATION, SERVICING, OR REPAIR OF ANY PRODUCT. IN NO EVENT WILL COMPANY BE LIABLE FOR DAMAGES IN ANY AMOUNT GREATER THAN THE PURCHASE PRICE OF A DEFECTIVE PRODUCT.
THIS WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY FOR COMPANY PRODUCTS, AND IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED. COMPANY SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR USE OR PURPOSE. NO PERSON OR ENTITY IS AUTHORIZED TO BIND COMPANY TO ANY OTHER WARRANTY, OBLIGATION, OR LIABILITY FOR ANY PRODUCT. ACCEPTANCE OR USE OF THE PRODUCT FOR WHICH THIS WARRANTY IS ISSUED WILL CONSTITUTE ACCEPTANCE OF THE TERMS HEREOF.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES, OR OF ANY EXPRESS OR IMPLIED WARRANTIES, IN SUCH JURISDICTIONS COMPANY’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS LIMITED WARRANTY PROVIDED BY COMPANY GIVES CUSTOMERS SPECIFIC LEGAL RIGHTS, AND CUSTOMERS MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
The disclaimers of liability included in this Limited Warranty shall remain in effect and shall continue to be enforceable in the event that any remedy herein shall fail of its essential purpose.
This Warranty shall be governed by the laws of the State of Utah. Customer and Company agree that all disputes between the parties in connection with or arising out of the existence, validity, construction or performance of this Warranty which the parties are unable to amicably resolve between themselves within thirty (30) days, shall be referred to arbitration in Utah in accordance with the rules of the American Arbitration Association by one arbitrator appointed in accordance with such rules.
Customer agrees to defend, indemnify and hold harmless Company, and its officials, agents, and employees, of and from any and all claims, demands, causes of action, liability, loss, damages, injuries, lawsuits, costs or expenses (including reasonable professional and legal fees) incurred by customer, or any other party, that are, were, or may have been incurred or sustained as a result of any acts, omissions, negligence, or willful misconduct on the part of Company, its affiliates, officials, agents and employees, and whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state or local governmental body or agency. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgment, awards, decrees, attorneys’ fees, and related costs or expenses.
We reserve the right to make changes to this policy. Any changes to this policy will be posted.