STORE POLICY
inD creations LLC Store Terms and Conditions
The purchasers of products and/or services from inD CREATIONS LLC or any affiliate thereof are subject to the following terms and conditions. The term “Purchaser” shall mean the party placing an order with inD CREATIONS LLC and identified as such in any document attached hereto (“attachment”), this document and all attachments are hereinafter referred to as “this Agreement”. The terms and conditions set forth in this agreement shall constitute the entire agreement between inD CREATIONS LLC and Purchaser relating to the sale of the products (“Products”) and/or services (“Services”) described in any attachment, or in an subsequent purchase or sales order. No conflicting or final terms or conditions which may appear in any order or other document of Purchaser shall be of any force or effect unless accepted and agreed to in writing by an officer of inD CREATIONS LLC.
Privacy & Safety
inD Creations LLC ("us", "we", or "our") operates www.indcreation.com (the "Site"). This page informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the Site. We use your Personal Information only for providing and improving the Site. By using the Site, you agree to the collection and use of information in accordance with this policy.
Information Collection And Use
While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name, email address, mailing address ("Personal Information").
Log Data
Like many site operators, we collect information that your browser sends whenever you visit our Site ("Log Data").
This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics. In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this.
Communications
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information.
Cookies
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive.
Like many sites, we use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.
Security
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Changes To This Privacy Policy
This Privacy Policy is effective as of 11/28/2019 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page. We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.
If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.
Price
Items may be returned for a full refund (minus shipping costs) within 14 days of purchase for any reason. Returned items must have no visible signs of wear or use and are subject to a 10% restocking fee. The prices under this agreement are exclusive of all sales, use, excise or other taxes. The prices set forth shall be in effect until notice in writing from inD CREATIONS LLC. inD CREATIONS LLC reserves the right to adjust prices at its discretion with proper notice to Purchaser.
Payment Methods
Except as otherwise stated in any attachment, terms are net due upon purchase. Payment method will be credit card (Visa, MasterCard, Discover, or American Express). Buyer shall pay interest on any invoice not paid when due from the due date to the date of payment at the rate of one and one-half (1 ½%) percent per month or such lower rate as may be the maximum allowable by law. If Buyer fails to make payment when due, Seller may pursue any legal or equitable remedies, in which event Seller shall be entitled to reimbursement for costs of collection and reasonable attorney’s fees. There shall be no time limit as to when Seller shall pursue any legal or equitable remedies. Reasonable annual costs of collection and attorney fees shall be defined as the greater of a maximum of $50,000, one hundred percent (100%) of compounded collection amount, or maximum allowable by law.
Taxes
Purchaser shall pay all federal, state, and municipal or other sales, use, excise or other taxes, assessments and charges assessed or levied against the products and/or services. Purchaser agrees to pay to inD CREATIONS LLC on request any federal, state, municipal or other sales, use, excise or other taxes, assessments or charges payable by inD CREATIONS LLC with respect to the products and/or services of the sale thereof.
Delivery
Delivery will be F.O.B. point of shipment. Unless otherwise directed by Purchaser, inD CREATIONS LLC will pre-pay the freight and bill Purchaser for shipping and handling charges. Purchaser assumes all risk of loss during delivery of the Products by inD CREATIONS LLC to the carrier. In the absence of instructions to the contrary, inD CREATIONS LLC, on behalf of the Purchaser, shall exercise its own discretion as to the method of shipment to be used and the selection of the carrier but shall not be deemed thereby to assume any liability in connection with the shipment nor shall the carrier thereby be deemed an agent of inD CREATIONS LLC. No goods shall be returned for repair or replacement without prior RMA authorization by inD CREATIONS LLC. All goods returned without such prior authorization will not be accepted by inD CREATIONS LLC and will be returned to the purchaser freight collect.
Terms of Payment
Except as otherwise stated in any attachment, terms are net due upon purchase. Payment method will be credit card (Visa, MasterCard, Discover, or American Express). Buyer shall pay interest on any invoice not paid when due from the due date to the date of payment at the rate of one and one-half (1 ½%) percent per month or such lower rate as may be the maximum allowable by law. If Buyer fails to make payment when due, Seller may pursue any legal or equitable remedies, in which event Seller shall be entitled to reimbursement for costs of collection and reasonable attorney’s fees. There shall be no time limit as to when Seller shall pursue any legal or equitable remedies. Reasonable annual costs of collection and attorney fees shall be defined as the greater of a maximum of $50,000, one hundred percent (100%) of compounded collection amount, or maximum allowable by law.
Disclaimer and Limitation of Liability
nD CREATIONS LLC shall in no event be liable for damages, including but not limited to incidental or consequential damages, for injury to any property or to any person, by reason of the person’s negligence or otherwise in connection with the safe, delivery, installation or use of the products and/or provision of services pursuant to this agreement, and purchaser shall indemnify and hold harmless inD CREATIONS LLC against further liability. Without limiting the generality of the foregoing, inD CREATIONS LLC shall in no event be liable for lost profits arising out of, or in connection with, this agreement. Neither inD CREATIONS LLC nor purchaser shall be liable for delay in the performance of any of its obligations under this agreement arising out of causes beyond it control, including but not limited to acts of God, governmental action, fires, floods, epidemics, quarantines, strikes, embargoes, or severe weather.
General Provisions and Governing Law
This agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. Neither this agreement nor any variation or modification of this agreement or waiver of any of the terms or provisions hereof shall be deemed valid nor binding upon inD CREATIONS LLC unless in writing, signed by an officer of inD CREATIONS LLC and delivered by inD CREATIONS LLC to Purchaser. Failure by either party to enforce the terms hereof shall not be deemed a waiver of future enforcement of that or any other term. This agreement shall be construed and enforced in accordance with the procedural and substantive Laws of the State of California, United States of America (with the exception of the conflicts of law’s provisions of such state), and both parties agree that the federal and state courts located in California shall have jurisdiction over any matter arising in connection with the agreement, and hereby submit to such jurisdiction, further, the parties agree that venue for any matter arising in connection with this shall properly lay in the County of San Diego, California.
Warranty
inD CREATIONS LLC products are to be free of manufacturing defects for 1 year from the date of purchase and may be returned for repair and/or replacement with an authorized RMA. Customer abuse, physical/water damage, and purchases outside of 1 year will not be covered under warranty and a repair fee will be assessed based on the damage found during diagnostics. inD CREATIONS LLC warranty is void if the purchaser paid less than MAP price; is not the original purchaser who holds the warranty; or purchased from another individual directly. Warranties are non-transferrable. inD CREATIONS LLC will not return RMA products deemed hazardous and/or unsafe back to the customer if the repair charges are declined. We do not return old parts from previously repaired units. A minimum $35 diagnostics fee may apply if the item is out of warranty, NPF (no problems found), or a non-warranty repair is refused. inD CREATIONS LLC factory repaired items come with a 60 day warranty starting from the date of repair.