One and Done Mask, LLC (Seller”), an Ohio limited liability company, is pleased to accept the purchase of these goods by you, the Buyer. These terms and conditions of sale (“Terms and Conditions”) available at www.oneandonemask.com shall govern the sale of goods by Seller to Buyer. Seller’s acceptance of Buyer’s order is expressly made conditional on Buyer’s acceptance of these Terms and Conditions.  In the event Buyer’s purchase order or other agreement contains terms and conditions that differ from or are in addition to these Terms and Conditions, such terms and conditions are hereby expressly rejected by Seller and are null and void, unless otherwise agreed in writing.

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING BUYER RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO BUYER. PLEASE READ IT CAREFULLY. THESE TERMS MAY REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTION.  

Buyer agrees that this order is irrevocable once submitted, that it cannot be cancelled or changed by Buyer and that the goods ordered pursuant to this order cannot be returned to Seller.

Seller’s acceptance of Buyer’s order is expressly conditioned on the following terms:

ANY GOODS LISTED IN THE ATTACHED ORDER HAVE NOT BEEN SUBJECT TO REVIEW OR APPROVAL BY EITHER THE UNITED STATES FOOD AND DRUG ADMINISTRATION (FDA) OR THE NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH (NIOSH).

THE GOODS ARE NOT NIOSH-APPROVED PARTICULATE FILTERING FACEPIECE RESIPIRATORS SUCH AS N95 AND ARE NOT INTENDED FOR MEDICAL PURPOSES AND ARE NOT INTENDED FOR USE IN HEALTH CARE SETTINGS.

THE GOODS ARE NOT INTENDED FOR USE BY CHILDREN UNDER THE AGE OF 12.

Prices and Payment Terms.  All prices are subject to change without notice. The price charged for a good will be the price in effect at the time the order is placed and will be sent out in a confirmation email. Price increases will only apply to orders placed after such changes. Listed prices do not include taxes or charges for shipping and handling. Buyer is responsible for payment of all shipping and handling fees, as well as applicable state and local taxes, as part of the final sale price.

Terms of payment are within Seller’s sole discretion and payment must be received by Seller before formal acceptance of the Buyer’s order by Seller.  Buyer represents and warrants that (i) any credit card or payment information supplied is true, correct, and complete, (ii) Buyer is duly authorized to use such credit card or payment information for the purchase, (iii) charges incurred by Buyer will be honored by the Buyer or Buyer’s credit card company, and (iv) Buyer will pay charges incurred by Buyer at the listed prices, including all applicable taxes, shipping and handling fees, if any.

Refunds. Any Buyer request for refund shall be directed to Seller. Seller, in its sole discretion, shall determine if any refund shall be issued to Buyer.  All Seller decisions on refunds are final.

Shipping Charges and Freight Policy. Title and risk of loss for any ordered goods pass to Buyer upon Seller’s tender of such goods to the shipping carrier. If the goods are damaged in transit, Buyer’s only recourse is to file a claim with the applicable shipping carrier.

Export Controls and Related Regulations. Buyer represents and warrants that it is not designated on, or associated with, any party designated on any of the U.S. government restricted parties lists.

Import Requirements. Buyer shall be responsible for obtaining any licenses or other official authorizations that may be required by the country of importation.

 

Intellectual Property.  Buyer shall have no right, title, or interest in the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, catalogs or any other intellectual property rights (“IP”) reserved by Seller, or any IP owned by manufacturers and/or suppliers to Seller. All materials contained on Seller’s websites are subject to the ownership rights of Seller and its manufacturers and/or suppliers. Buyer shall have no right to copy or use any IP of Seller or its manufacturers and/or suppliers without Seller’s permission.
 

Warranty Disclaimer and Limit of Liability.  BUYER ACKNOWLEDGES AND AGREES THAT ALL GOODS  ORDERED HEREUNDER ARE PROVIDED BY SELLER ON AN AS-IS AND WHERE-IS BASIS. SELLER MAKES NO REPRESENTATION THAT ANY SUCH ITEMS COMPLY WITH LEGAL REQUIREMENTS, AND MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, FOR ANY SUCH ITEMS ORDERED HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE, USAGE OF TRADE, AND EXCLUDES ANY ORAL OR WRITTEN WARRANTIES OR REPRESENTATIONS, MADE OR IMPLIED IN ANY MANUAL, LITERATURE, ADVERTISING BROCHURE OR OTHER MATERIALS PROVIDED BY THE MANUFACTURER OF ANY ITEMS. SELLER’S LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY BUYER FOR THE DEFECTIVE GOOD PURCHASED FROM SELLER NOR WILL SELLER UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO BUYER.

Indemnification. Buyer agrees to hold Seller harmless for any claims or losses arising from or relating to its purchase of goods hereunder, and hereby acknowledges that it has not relied on any representation or warranty made or provided by Seller, and will indemnify Seller for any claims or losses from third parties arising from or relating to its purchase of goods from Seller hereunder.
 

Disputes.  Actions by Seller for non-payment by Buyer of the purchase price of goods sold by Seller, or for redress of other breaches by Buyer of these Terms and Conditions, may be brought by Seller, at its option, before any U.S. or foreign judicial court of competent jurisdiction.

 

Arbitration.  At Seller’s exclusive option and discretion, disputes between Buyer and Seller, including ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN BUYER AND SELLER ARISING FROM OR RELATING IN ANY WAY TO BUYER’S PURCHASE OF GOODS FROM SELLER BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. Such arbitration shall be finally settled by arbitration in Wilmington, Ohio, in accordance with the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association, by a single arbitrator appointed in accordance with said Rules, applying these Terms and Conditions and consistent provisions of the federal and state laws (except conflict of law rules) of the State of Ohio, U.S. The language of the arbitration shall be English.
 

Governing Law.  The rights and obligations of the parties under these Terms and Conditions shall not be governed by the provisions of the 1980 United Nations Convention of Contracts for the International Sale of Goods or the United Nations Convention on the Limitation Period in the International Sale of Goods. Rather, these Terms and Conditions shall be governed by the laws of the State of Ohio, U.S., including its provisions of the Uniform Commercial Code, but excluding its conflict of law rules. Notwithstanding the foregoing, any legal action by Buyer with respect to any transaction must be commenced within one (1) year after the cause of action has arisen.

Assignment. Buyer will not assign any of Buyer’s rights or delegate any of Buyer’s obligations under these Terms and Conditions without Seller’s prior written consent.

No Waivers. The failure by Buyer to enforce any right or provision of these Terms and Conditions will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Seller.

No Third-Party Beneficiaries. These Terms and Conditions do not and are not intended to confer any rights or remedies upon any person other than Buyer.

Severability. If any provision of these Terms and Conditions is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and Conditions and will not affect the validity or enforceability of the remaining provisions of these Terms and Conditions.

Entire Agreement. The Terms and Conditions, and any associated order, purchase order and privacy policy will be deemed the final and integrated agreement between Buyer and Seller on the matters contained in these Terms and Conditions.

Inquiries.  Any questions or concerns regarding these Terms and Conditions or requests for refund can be directed to Seller at: cs@oneanddonemask.com.