Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT CUSTOMER'S RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO CUSTOMER'S PURCHASES. MIND AND BODY LINGERIE reserves the right to make changes to these Terms and Conditions at any time without prior written notice. By ordering any product from MIND AND BODY LINGERIE, whether by clicking through over the internet, telephone, facsimile or otherwise, the Customer agrees to be bound by these Terms and Conditions of Sale. THESE TERMS AND CONDITIONS OF SALE APPLY TO ALL TRANSACTIONS UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH MIND AND BODY LINGERIE, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN.

1.Personal Use.

MIND AND BODY LINGERIE grants Customer a revocable limited license to access and use this website.

2.Order Acceptance; Payment Terms.

Payment must be received by MIND AND BODY LINGERIE prior to acceptance of an order. MIND AND BODY LINGERIE reserves the right to accept or decline Customer's order for any reason and to cancel any portion of a Customers order. Payment for the Products shall be made by credit card. Payment by check, wire transfer, or some other payment method must be prearranged with MIND AND BODY LINGERIE. MIND AND BODY LINGERIE does not issue rain checks on sale items.

3.Shipping Charges; Taxes.

Shipping and handling charges shall be charged in accordance with the schedule posted by MIND AND BODY LINGERIE. Shipping charges are only for ground shipping in the contiguous U.S.A., but air and express shipments may be utilized when offered at an additional charge.. MIND AND BODY LINGERIE reserves the right to charge Customer for returns of undeliverable merchandise, redelivery attempts, incorrect addresses, or other matters that are not the fault of MIND AND BODY LINGERIE, and that result in additional carrier charges. Shipping does not include inside delivery of Products. MIND AND BODY LINGERIE is not responsible for assembly of Products. Customer is responsible for all taxes associated with the order (except MIND AND BODY LINGERIE income tax.) Sales shipped to Virginia addresses will be charged Virginia sales tax.

4.Freight.

All shipments are F.O.B., Richmond, Virginia or other stocking warehouses, as determined in MIND AND BODY LINGERIE discretion. Customer assumes the risk of loss for the Products upon delivery of the Products to the carrier by shipper. Customer agrees to notify MIND AND BODY LINGERIE of any damage to freight within five (5) days of delivery, but MIND AND BODY LINGERIE shall have no liability for concealed damage or missing items.

5.Warranty.

MIND AND BODY LINGERIE does not warrant other manufacturer's products. These products may be backed by the limited warranties of the original manufacturer only.

MIND AND BODY LINGERIE EXPRESSLY DISCLAIMS AND DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

MIND AND BODY LINGERIE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS SITE. THIS SITE, THE INFORMATION ON THE SITE, AND THE CONTENT ARE PROVIDED WITH ALL FAULTS.

MIND AND BODY LINGERIE'S MAXIMUM LIABILITY, AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDY, FOR ANY BREACH OF THESE TERMS AND CONDITIONS SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE PRODUCTS ORDERED BY CUSTOMER. IN NO EVENT SHALL MIND AND BODY LINGERIE BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, OR LOSS OF USE EVEN IF MIND AND BODY LINGERIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY.

6.Indemnity.

Customer agrees to defend, indemnify and hold MIND AND BODY LINGERIE harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to Customers use of this website.

7.Returned Goods.

If you are not completely satisfied with your purchase, use the form included in your package to return the merchandise, within 21 days (except for costumes, see below). We will issue a store credit in the form of an electronic gift certificate for the price of the returned merchandise. All items being returned must be unworn, unwashed and with their original tags. All sales of opened hosiery, pasties/nipple covers, body stockings, teddies, panties, wigs, underwear, and swimwear, are final, and returns will not be accepted. MindBodyLingerie.com will not issue credits for hosiery, body stockings, teddies, panties, wigs, underwear, and most swimwear or items that smell of perfume, smoke, pet odors or have been exposed to pet hair, and will not be returned. All sales are final on clearance items and are not refundable.

8.Incorrect Pricing.

Occasionally a few items that appear on MIND AND BODY LINGERIE™ website may be incorrectly priced. If an item's correct price is higher than the posted price, MIND AND BODY LINGERIE will either contact Customer for instructions, or cancel the order and provide notice why the order was canceled.

9.Governing Law.

The laws of the Commonwealth of Virginia, without regard to conflict of law principles will govern the Terms and Conditions. The parties hereby agree to the exclusive jurisdiction of the courts of Virginia.

10.Force Majeure.

MIND AND BODY LINGERIE shall be excused for any delay or failure to perform due to any cause beyond its reasonable control, including but not limited to acts of governments, natural catastrophes, acts of Customer, interruptions of transportation or inability to obtain necessary labor or materials. MIND AND BODY LINGERIE' estimated shipping schedule shall be extended by a period of time equal to the time lost because of any excusable delay. In the event MIND AND BODY LINGERIE is unable to perform in whole or in part because of any excusable failure to perform, MIND AND BODY LINGERIE may cancel orders without liability to Customer.

11.Severability.

If any provisions of these Terms and Conditions shall be held invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law thereby.

12.Entire Agreement.

These Terms and Conditions and the Privacy Policy posted on this site as revised from time to time constitute the entire agreement between the parties pertaining to the subject matter hereof, and supersede any and all written or oral agreements previously existing between the parties with respect to such subject matter. Any attempt to alter, supplement or amend this document or to enter an order for Product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and MIND AND BODY LINGERIE.

13.No Waiver.

The failure of MIND AND BODY LINGERIE to act with respect to a breach of these Terms and Conditions by Customer or others does not constitute a waiver and shall not limit MIND AND BODY LINGERIE'S rights with respect to such breach or any subsequent breaches.

14.Assignment.

Customer may not assign its rights or obligations hereunder without the express prior written consent of MIND AND BODY LINGERIE.

15.Headings.

The section headings used herein are for convenience of reference only and do not form a part of these Terms and Conditions, and no construction or inference shall be derived therefrom.

 

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