Terms and Conditions of Sale

1. Sale and Purchase of Goods

Sew Fierce Designs (“Seller”) hereby agrees to sell, and You (“Buyer”) hereby
agree to purchase, goods of the description and quantity described on the
checkout window (“Checkout”) and incorporated herein by this reference (“Goods”)
on the terms and conditions set forth in this Agreement. Due to the nature of this product no returns are allowed.

2. Purchase Price

Buyer agrees to pay the Purchase Price of the Goods as posted on this website
attached hereto.

3. Payment Terms

The total amount of the Purchase Price shall be payable in full by Buyer
according to the payment due date stated at Checkout. Any portion of the
Purchase Price unpaid past thirty (30) days shall be considered overdue. All
amounts past due are subject to a late charge of the lesser of one and one-half
percent (1 1/2%) per month (being eighteen percent (18%) per annum) or the
highest lawful rate. In addition, Seller shall have the right to pursue any
remedies available at law or as provided herein and shall be entitled to
reimbursement from Buyer for Seller’s costs of collection, including attorney
fees, legal fees, and costs and disbursements.

4. Delivery

Unless otherwise agreed in writing, delivery shall be made in accordance with
Seller’s shipping policy in effect on the date of shipment. Delivery dates
provided by Seller are estimates only. Seller will make reasonable efforts to
deliver in accordance with such dates; however, Seller will not be liable for
failure to deliver as estimated. Unless otherwise agreed in writing by Seller,
Goods shall be packaged according to Seller’s standards and practices.

5. Limited Warranty

Seller supplies as its sole warranty the following:

Goods purchased from this website shall be free from defects for a period of 10
days. Normal wear and tear or incorrect laundering are not covered under this
warranty

The warranty shall last for 10 days.

The warranties provided for herein shall be governed by Seller’s warranty
policies in effect on the date of shipment.

6. Disclaimer of Warranty/Limitation of Liability

Seller undertakes no responsibility for the quality of the Goods or that the
Goods will be fit for any particular purpose for which Buyer may be buying the
Goods, except as otherwise provided in this Agreement, and Seller disclaims all
other warranties and conditions, express or implied.

SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS
THE “SELLER AFFILIATES”) SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR
ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING
BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED
EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT,
FACILITIES OR SERVICES, DOWNTIME, BUYER’S TIME, LOST DATA, INJURY TO PROPERTY
OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF
THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON
PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY
STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY
LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.

IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER
PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN
CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE
OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.

SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS
AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND,
INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS
INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR
VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.

7. Force Majeure

Seller shall not be held responsible for any failure of performance to make
timely delivery of all or any part of the Goods in the event such failure was
due, in whole or in part, to federal, provincial or municipal action, statute,
ordinance or regulation, strike or other labor trouble, fire or other damage to
or destruction of, in whole or in part, the Goods or the manufacturing facility
for the Goods, the lack of or inability to obtain raw materials, labor, fuel,
electrical power, water or supplies, or any other cause, an act of God, contingency
or circumstances not subject to the reasonable control of Seller, which causes
delays or hinders the manufacture or delivery of Goods. Seller shall determine
in good faith the extent to which it can reasonably control a cause,
contingency, or circumstance that affects the performance of its obligations.

8. General

Buyer may not assign this Agreement without Seller’s written consent. Seller is
the sole intended beneficiary of this Agreement. If there is any inconsistency
between this Agreement and any other agreement included with or relating to the
Goods, this Agreement shall govern. This Agreement may not be modified, altered
or amended without the written agreement of Seller. Any additional or altered
terms attached to any order submitted by the Buyer shall be null and void unless
expressly agreed to in writing by Seller. If any term of this Agreement is
illegal or unenforceable, the legality and enforceability of the remaining
provisions shall not be affected or impaired. This Agreement shall be
interpreted under the laws of the State of Virginia, without giving effect to
conflicts-of-law rules; and in the event of a dispute under this Agreement;
Buyer submits to the exclusive jurisdiction and venue of the courts of the
Commonwealth of Virginia and hereby waives any objection to such jurisdiction
and venue.

Last updated April 6, 2020