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Fine Featherheads

Legal Notice

BY CLICKING ON “I AGREE” YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS OF SALE:

About these Terms and Conditions: These terms and conditions together with any invoice constitute a contract between you (“Customer”) and Sequoia Inc. d/b/a Fine Featherheads® (also “we” or “us” or “our”) for the purchase of merchandise (“Contract”). No other terms and conditions shall apply. The Contract cannot be varied unless Fine Featherheads® agrees to vary it in writing or by email.

Orders: By placing an order via either this website or by telephone, Customer makes an offer to us to purchase the merchandise you have selected on these terms and conditions. Fine Featherheads® may or may not accept your offer at its discretion.

Return Policy: No returns are accepted other than for defective products returned within 30 days of purchase. Defective products may be returned for credit only towards products to be purchased on this website. Defective merchandise is subject to inspection and review by Fine Featherheads®, in its sole discretion, prior to the issuance of any credit, and such credit must be used within 90 days. Fine Featherheads® will pay the costs of shipping new product in order to replace defective product. The cost of shipping to Fine Featherheads® shall be borne by Customer.

Pricing Policy: Prices may be increased for any reason whatsoever, including, without limitation, any changes in currency rates, revenue laws, treasury regulations or tariffs or increases in the appraisal of the value of the goods by the customs authorities of any country. Prices shall be those prevailing at time of order. Prices do not include sales, use, or other taxes.

Typographical Errors: In the event a product is listed at an incorrect price due to typographical error, we shall have the right to refuse or cancel any orders placed for merchandise listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and Customer’s credit card has been charged. If a credit card has already been charged for the purchase and Customer’s order is canceled, Fine Featherheads® shall immediately issue a credit in the amount charged for the incorrect price.

Not for Resale: The merchandise sold hereunder is for personal use only and not to be resold. Customer shall not use the Fine Featherheads® trademark for any reason whatsoever.

Shipment and Risk of Loss: Unless otherwise agreed, all sales are FOB Fine Featherheads® shipping point, and title and risk of loss or damage transfers to Customer at that point. Carriers are chosen by Fine Featherheads®, with normal carrier freight prepaid by Customer.

Warranties: Fine Featherheads® represents and warrants that the merchandise supplied hereunder will be of commercially reasonable quality at the time that the goods are shipped. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FINE FEATHERHEADS® DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED RELATED TO THE MERCHANDISE SOLD BY FINE FEATHERHEADS® INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY: FINE FEATHERHEADS®’ SOLE AND EXCLUSIVE LIABILITY FOR BREACH OF WARRANTY OR CONTRACT SHALL BE TO REPLACE THE NON-CONFORMING GOODS OR TO PROVIDE A CREDIT FOR THE PRICE OF THE GOODS. IF REPLACEMENT IS MADE, FINE FEATHERHEADS® SHALL HAVE A REASONABLE TIME TO DELIVER SUCH REPLACEMENT GOODS. In no event shall Fine Featherheads® be liable for special, incidental, or consequential damages for any breach of warranty or any breach of contract.

Claims: Claims made against Fine Featherheads® in connection with defective merchandise must be made in writing within thirty (30) days of the date of delivery or they are waived by Customer and will not be considered by Fine Featherheads®. Any legal action against Fine Featherheads® in connection with the sale of goods, including but not limited to quantity, prices, promotional allowances, product performance, or breach of warranty, under any theory, must be commenced within one (1) year of the date of invoice. Thereafter, such suits are barred, other statutes of limitation notwithstanding. Customer agrees to this limitation of actions by placing an order with Fine Featherheads and clicking “I agree”.

Contingencies: All orders and agreements are subject to the contingencies of and delays in production and delivery. Fine Featherheads® will not be responsible for delays resulting from fire, strikes, lockouts, differences with workmen, accidents, wars, insurrection, delays in transportation, equipment failure, or any other contingencies beyond Fine Featherheads® control.

Privacy Policy: You confirm that you have read our Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by Fine Featherheads® and/or its third-party providers and distributors in accordance with the terms of and for the purposes set forth in the Privacy Policy. To the extent permitted by law, Fine Featherheads® makes no representation or warranty with regard to the sufficiency of the security measures used for data handling and storage. Fine Featherheads® will not be responsible for any actual or consequential damages that result from a lapse in compliance with the Privacy Policy because of a security breach or technical malfunction.

Entire Agreement: This Contract supersedes all prior inconsistent undertakings by Fine Featherheads®, written or oral. Orders placed through electronic means are subject to these terms in addition to any other agreements concerning electronic procedures, and if there are inconsistencies between such other agreements and this Contract, the terms hereof shall control.

Applicable Law: The laws of the state of Colorado shall apply and be controlling in all contracts for the sale of goods to the purchaser.

Waiver of Trial by Jury: Except as prohibited by applicable law, Fine Featherheads® and Customer shall, and hereby do, expressly waive trial by jury in any matter arising out of, or connected with, this Contract. With respect to any claim for which a jury trial cannot be waived, the parties agree not to assert any such claim as a counterclaim in, or move to consolidate such claim with, any action or proceeding in which a jury trial is waived unless failure to do so would result in a waiver of that claim.