T1.0 LEGAL DISCLAIMER:
TECHNICAL SPECIFICATIONS AND APPEARANCES ARE SUBJECT TO CHANGE WITHOUT NOTICE AND ACCURACY IS NOT GUARANTEED. ALL TRADEMARKS ARE THE PROPERTY OF WITCH DOCTOR DESIGNS. WITCH DOCTOR DESIGNS ACCEPTS NO LIABILITY FOR ANY LOSS WHICH MAY BE SUFFERED BY ANY PERSON WHO RELIES EITHER WHOLLY OR IN PART UPON ANY DESCRIPTION, PHOTOGRAPH OR STATEMENT CONTAINED HEREIN. COLORS AND SPECIFICATIONS MAY VARY FROM ACTUAL PRODUCT. WITCH DOCTOR DESIGNS PRODUCTS ARE AVAILABLE ONLY DIRECT FROM WITCH DOCTOR DESIGNS. NO RESELLER IS AN AGENT OF WITCH DOCTOR DESIGNS NOR HAS ANY AUTHORITY TO BIND WITCH DOCTOR DESIGNS BY ANY EXPRESS OR IMPLIED UNDERTAKING OR REPRESENTATION. WITCH DOCTOR DESIGNS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND TO THE BUYER THAT HE OR SHE IS QUALIFIED TO MAKE ANY REPAIRS TO THE PRODUCT OR THAT HE OR SHE IS QUALIFIED TO REPLACE ANY PART OF THE PRODUCT. THE BUYER ASSUMES ALL RISK AND LIABILITY ARISING OUT OF HIS OR HER REPAIRS TO THE ORIGINAL PRODUCT OR REPLACEMENT PARTS THERETO, OR ARISING OUT OF HIS OR HER INSTALLATION OF REPLACEMENT PARTS THERETO. THESE TERMS ARE COPYRIGHTED. NO PART OF THESE TERMS HEREIN MAY BE REPRODUCED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS, ELECTRONIC OR MECHANICAL, INCLUDING PHOTOCOPYING AND RECORDING OF ANY KIND, FOR ANY PURPOSE, WITHOUT THE EXPRESS WRITTEN PERMISSION OF WITCH DOCTOR DESIGNS, LLC.
ALL RIGHTS RESERVED.
© 2020 WITCH DOCTOR DESIGNS, LLC
T2.0 GENERAL/SALES TERMS:
These SALES TERMS are a mandatory condition of sale. “THE BUYER,” is hereby referred to as the person intending to purchase goods or services from Witch Doctor Designs. By executing these Sales Terms, the Buyer is agreeing that the Sales Terms stated here-in shall govern the sale and constitute a legally binding contract between the Buyer and Witch Doctor Designs. The Buyer personally assumes all liability stated in these Sales Terms even if he or she is making a purchase on behalf of a business that is not owned by the Buyer.
T2.1 CONTRACT DEFINITION:
The Buyer agrees to pay Witch Doctor Designs the amount of US Dollars stated on the SALES ORDER and Witch Doctor Designs agrees to produce the item(s) listed on the Sales Order for the Buyer assuming all obligations subject to these Sales Terms have been met.
T2.2 CONTRACT DURATION:
This contract begins at the exact time the Sales Order and Sales Terms have been executed by both parties. If the exact time is indeterminable for future reference, the value shall revert to 11:59pm on the recorded date of execution.
This contract ends once all item(s) listed on the Sales Order have been received by the buyer in SATISFACTORY CONDITION and all US Dollars owed to Witch Doctor Designs for the transaction have been paid.
Once this contract is complete, the buyer agrees to remain bound to the terms stated in CONFIDENTIALITY for a period of five (5) years and Witch Doctor Designs agrees to honor the terms of the Warranty for its stated duration.
T2.3 SALES ORDER:
The Sales Order refers to an executable document, offered to the the buyer, in which Witch Doctor Designs provides quotation for the goods and services requested by the buyer and is assumed that by execution, the buyer intends to pay Witch Doctor Designs for the goods and services listed on the document. In most cases the Sales Order will be the buyer's signature/acceptance of an online shopping cart with the quote generated by the online sales engine but may sometimes include written quotations executed by both parties. An invoice is also an instance of sales order.
T2.4 SATISFACTORY CONDITION:
Witch Doctor Designs intends for the buyer to receive an item in perfect working condition, free of defects and closely replicated to the item displayed to the buyer at the time of sale. It is the buyer’s responsibility to notify Witch Doctor Designs within 7 calendar days following the date of delivery if an item fails to meet these criteria. If a buyer reports an item received in unsatisfactory condition, then the resolution process will follow the same guidelines as the Return Materials Authorization (RMA) detailed in the WARRANTY regardless of whether the product includes a limited warranty or not. Minor cosmetic damages that may have occurred during shipping does not constitute “Unsatisfactory Condition.”
Accepted forms of payment are: Visa, Mastercard, American Express, Discover, JCB, UnionPay, Cash, Check, Apple Pay, Android Pay, Samsung Pay.
Payments can be processed at a Witch Doctor Designs kiosk, via the Web Store or over the phone. Please note: orders placed over the phone may require an additional processing fee.
The total amount of all items listed on the Invoice, including tax and shipping, is due at the time of sale unless alternative arrangements are amended to these terms at or before the time of sale.
Payments that may be declined by the issuing bank at any point, do NOT release the buyer from the contract obligations
AND the buyer is responsible for any bank fees incurred by Witch Doctor Designs pertaining to the negated transaction.
Most items from Witch Doctor Designs are made-to-order. Please allow 8-12 weeks for delivery of large props and effects unless otherwise stated on the sales order or amended to these terms at or before the time of sale. Some items as well as orders containing multiple items but bundled for shipping may require longer. Witch Doctor Designs will notify the buyer of expected delays in delivery as soon as such circumstances are quantified by Witch Doctor Designs. Delivery dates are not guaranteed under any circumstances unless EXPEDITED SHIPPING was ordered by the buyer.
T4.1 PARTS BACK-ORDERED:
Sometimes parts needed to build an item may become backordered by Witch Doctor Designs suppliers. Unless substitute parts or alternative designs are available at the discretion of Witch Doctor Designs, the item’s delivery may be delayed beyond the control of Witch Doctor Designs. Witch Doctor Designs will notify the buyer as soon as such delays are quantified by Witch Doctor Designs and expected delivery dates adjusted. Witch Doctor Designs shall not be held liable to a guaranteed delivery date if such a situation occurs and the buyer shall be entitled to a refund of the portion of the buyer’s pre-paid shipping that was for the expedited order fee (15% of the purchase price).
For large props and effects (100 lbs or more), Witch Doctor Designs offers a fixed-fee shipping option to all states in the United States of America EXCEPT Alaska and Hawaii. Buyers from Alaska, Hawaii or other international locations that require shipment of large props and effects should contact Witch Doctor Designs prior to sale in order to discuss shipping options. Witch Doctor Designs may elect to deliver your item in one of four ways: either by hired LTL freight carrier, parcel carrier, private certified transporter or special delivery. It is the sole discretion of Witch Doctor Designs as to which means to use, which may be determined after sale, and it is assumed that the fixed-fee paid by the buyer at the time of sale constitutes all shipping fees owed by the buyer regardless of the means of delivery chosen unless this agreement is amended prior to the shipment date. The fixed-fee paid by the buyer also includes insurance for transport.
It is Witch Doctor Designs responsibility to insure the item during transport and the buyer shall not be obligated to receive any item that is destroyed or significantly damaged during transport. Significantly damaged means the item’s armature, structural integrity, mechanism, or exterior-facing elements have been damaged to the point of rendering the prop/effect either somewhat or entirely inoperable in the sole discretion of Witch Doctor Designs.
The insurance may not cover minor cosmetic damages incurred during transport such as but not limited to: scratches, dents, paint imperfections, scuffs, small tears in any fabric or anything that can be considered damage incurred during transport but not greatly altering of the overall visual appearance or working order of the prop/effect. Witch Doctor Designs makes every effort to ship items as safely and securely as possible but cannot control all circumstances a shipment may encounter during transport, especially if the shipper is a hired transporter and not Witch Doctor Designs. Witch Doctor Designs guarantees that every item shipped by a third-party carrier was in perfect working order with no visible damages when the prop was transferred to the carrier. Therefore, Witch Doctor Designs shall not be liable for minor cosmetic damage that may occur during transport and is not covered by the insurance.
T5.2 SPECIAL DELIVERY:
For buyers in some states, under some circumstances, Witch Doctor Designs may elect to offer SPECIAL DELIVERY in which Witch Doctor Designs will personally deliver, without any third-party transporters, the buyer’s prop/effect. All costs associated with this are covered by the fixed-fee shipping charge paid by the buyer unless this agreement is amended prior to the date of delivery. It is the sole discretion of Witch Doctors Designs as to when a sale is eligible for Special Delivery. In some circumstances of Special Delivery, Witch Doctor Designs may offer to make onsite installation services available. If the buyer elects to have Witch Doctor Designs solely perform or assist in the unpacking and installation of an item at the buyer’s business/property, the buyer consents to allow a representative of Witch Doctor Designs access to their business/property to do work and shall not hold Witch Doctor Designs liable for any damages incurred to the prop/effect or any other aspect of the buyer’s business/property that may occur during said work.
A Special Delivery may also be used to refer to any other arrangement made between both parties to move an item from Point A to Point B as an alternative to standard shipping options. Any such agreement should be amended to these terms prior to sale or in some instances, prior to shipping date.
T5.3 EXPEDITED SHIPPING:
If the buyer purchases EXPEDITED SHIPPING, Witch Doctor Designs will attempt to move the buyer’s order ahead in the production queue, if applicable and reasonable, while guaranteeing a delivery date. The guaranteed delivery date will either be shown on the sales order or e-mailed to the buyer within 72 hours after the time of sale. Expedited Shipping must be chosen and paid for at the time of sale unless otherwise amended to these terms prior to shipment. All negotiations regarding when the guaranteed delivery date will be must take place prior to order confirmation. Once order confirmation takes place, the buyer must accept the delivery date shown on the sales order. If the buyer purchased Expedited Shipping and does not receive the item by the guaranteed delivery date, Witch Doctor Designs will refund the buyer's portion of shipping fees paid that were for the expedite (15% of the product purchase price) and offer the buyer the option to either cancel the order or accept an alternative delivery estimate. If the buyer chooses to cancel the order at this point, Witch Doctor Designs will refund the amount paid by the buyer towards the item to date minus any order processing fees or sunk costs. Expedited Shipping is not available on International orders.
T5.4 PARCEL CARRIERS:
For small props and effects (less than 100 lbs), Witch Doctor Designs offers a fixed-fee, per item, shipping fee to all states in the United States of America. Witch Doctor Designs will choose a parcel carrier to ship your item. Delivery dates are not guaranteed. There is no discount for bundling items at this time. Witch Doctor Designs may or may not choose to include insurance on deliveries of this type.
For delivery of small props and effects to International buyers, a USPS shipping calculator, embedded into the Store at checkout will calculate the estimated costs for parcel ship and the buyer agrees to pay this estimate at the time of sale. That estimate should be considered the buyer's total shipping costs and Witch Doctor Designs is obligated to ship the product for that price regardless of whether the actual shipping costs match the estimate. Witch Doctor Designs may choose parcel carriers other than USPS to deliver the shipment. Delivery dates are not guaranteed. The buyer may choose to purchase insurance at the time of sale if offered.
T6.0 ORDER CANCELLATION/REFUNDS:
Buyers may cancel orders placed up to 24 hours after the date and time indicated by the ORDER CONFIRMATION for a refund equal to all funds paid by the buyer towards the item to date without penalty and for no reason unless a longer period is mandated by applicable local laws. Please contact Witch Doctor Designs as soon as possible to facilitate a cancellation request.
After 24 hours, the buyer is obligated to honor the contract unless otherwise amended to these terms. Please contact Witch Doctor Designs as soon as possible if you have problems with an order and it’s been more than 24 hours since order confirmation. Witch Doctor Designs has sole discretion, without explanation, as to whether they will offer the buyer any alternative terms if the buyer wishes to cancel an order more than 24 hours after order confirmation. Any release of the buyer from the contract must be amended to these terms.
T6.1 ORDER CONFIRMATION:
Order Confirmation shall be considered as having taken place at the date and time the sales order and sales terms are executed by the buyer regardless of whether any money has changed hands yet or not. If the order is placed via the website, the order confirmation is the date/time that the sales order and sales terms were accepted by the buyer as recorded by the website and shown on the receipt. If sales orders or sales terms are executed in any other way, the order confirmation will occur on the date/time indicated on the documents as being executed. If the exact time is indeterminable for future reference, the value shall revert to 11:59pm on the recorded date of execution. Witch Doctor Designs may send an e-mail to the customer confirming their order but the timestamps of that e-mail are not relevant to official order confirmation. Once order confirmation is achieved, the contract shall be considered as commenced.
T6.2 ORDER PROCESSING FEES/SUNK COSTS:
In any scenario in which Witch Doctor Designs issues a refund, Witch Doctor Designs has the right to consider any order processing fees or sunk costs when determining the buyer’s eligible refund amount. Order processing fees may include but not be limited to: bank fees, credit processing fees or virtual transaction fees including software processing that may be associated with the refund transaction. Sunk costs may include but not be limited to: labor, consumable materials and raw materials already used in the production of the buyer’s item to date or any fees assessed by vendors for parts or material orders that were cancelled or returned to the vendor as a result of this refund. Witch Doctor Designs may assess a labor rate of up to $200/per hour. The total of all order processing fees and sunk costs shall not exceed 75% of the product’s purchase price unless shipping costs have already been expended in which case the total of order processing fees and sunk costs shall not exceed 75% of the purchase price plus total shipping costs.
With this purchase, in addition to the physical product, the buyer is gaining access to TRADE SECRETS that Witch Doctor Designs considers the proprietary, intellectual property of Witch Doctor Designs. The buyer consents that they have no right to reconstruct, reproduce or closely replicate any of Witch Doctor Designs Trade Secrets in order to make any similar prop/effect that either does or could financially benefit any organization owned by or professionally affiliated with the buyer without equal financial restitution paid to Witch Doctor Designs. The buyer agrees to be bound by this Confidentiality for a period of five years regardless of the length of additional terms surrounding this sale.
T7.1 TRADE SECRETS:
Trade secrets include the following elements:
Mechanisms – Are the elements of a prop/effect that animate it. Mechanisms typically include pieces of armature that pivot, slide or change position when used in conjunction with other pieces of hardware such as but not limited to: hinges, brackets, bolts/cotter pins, pneumatic mounts, or cylinder rod connectors and driven by a force-generating device such as but not limited to: pneumatic cylinder, linear actuator, or electric motor. Mechanisms may also include mounting apparatus and any non-traditional conduits used to deliver lighting or electrical within the prop/effect.
Sculpture – Is any piece of the prop/effect that was sculpted, molded and cast by Witch Doctor Designs. This is original art created by Witch Doctor Designs and ineligible to be copied even if the piece is interpretive of or loosely based on a character or prop that already exists in American or International pop culture.
Concept – Refers to the theming of a prop/effect combined with the mechanism constitutes a complete prop/effect. Theming refers to visual appearance and conceivable consumer identification as to what a prop/effect is intended to represent. Theming on its own is not considered Trade Secrets but the theming combined with the use of the mechanism(s) is. Witch Doctor Designs makes no claim of ownership to any theme that is interpretive of or loosely based on a character or prop that already exists in American or International pop culture.
T8.0 FREE SUPPORT:
Witch Doctor Designs offers free remote support for the life of the prop/effect or our company regardless of whether there is an active warranty. We stand behind our products and we want you to benefit from them for a long time, so we’ll do what we can as a courtesy. Free support does not include any onsite visits by a representative of Witch Doctor Designs in order to assess or repair a problem nor any costs for labor or parts associated with a repair not covered by limited warranty. Attempts by Witch Doctor Designs to support items beyond the warranty period are best efforts and Witch Doctor Designs makes no guarantee of support obligations, response times or outcomes.
T9.0 DAMAGE CLAIMS:
Witch Doctor Designs shall in no event be liable for death, injuries to persons or property, or for incidental, contingent, special or consequential damages arising from the use of this product. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the limitation of exclusion may not apply to you. Furthermore, Witch Doctor Designs shall have no liability to the buyer under this contract for any consequential or indirect loss or damage of any kind. In any circumstance, the liability of Witch Doctor Designs shall not exceed the invoiced value of the product.
The only way to modify, eliminate or add terms to this contract is with an AMENDMENT. An Amendments is only acceptable as a written document that clearly states the intended purpose with cost adjustments to the sale (if applicable) and is executed by both parties prior to the deadlines stated within these terms. Valid Amendments shall supersede clauses of these terms when applicable.
This contract or any amendment shall be considered EXECUTED when the document receives a signature from the buyer and a signature or Assent to Signature from Witch Doctor Designs. Signature of the buyer may be submitted via e-signature, recorded in person or by clicking the “ACCEPT” button to complete an online order. Signature of the buyer means that the buyer fully consents and agrees to all terms set forth in this contract as long as they do not violate any state or local laws.
T11.1 ASSENT TO SIGNATURE:
Having offered up these terms, and for the purpose of making the document executable without both parties present (online orders), Witch Doctor Designs agrees to these terms whether an actual signature from Witch Doctor Designs appears on the document or not. The Assent to Signature shall be considered as have taken place at the same time the buyer executes the document. This clause does not apply to amendments.