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.
© 2021 WITCH DOCTOR DESIGNS, LLC
T2.0 GENERAL / TERMS & CONDITIONS
Agreement to these TERMS is a mandatory condition of sale and constitutes a legally binding contract between THE BUYER and WITCH DOCTOR DESIGNS, LLC to honor the obligations stated here-in. “The Buyer,” is hereby referred to as the person purchasing goods and services from Witch Doctor Designs and who is personally responsible to honor the obligations stated here-in regardless of whether the Buyer is making the purchase on behalf of an organization not owned by the Buyer. These Terms govern the sale and represent the total obligations of both parties. A violation of any of these terms by either party may constitute a breach of contract and result in outcomes such as: order cancellation, monetary refunds, monetary penalties, item returns or item replacements.
T3.0 CONTRACT / DEFINITION
The Buyer agrees to pay Witch Doctor Designs the amount of US Dollars stated on the INVOICE and Witch Doctor Designs agrees to produce the items stated on the Invoice for the Buyer pursuant to these terms assuming all obligations by the buyer pursuant to these Terms have been met.
T3.1 CONTRACT DURATION
This contract shall commence at the precise time of ORDER EXECUTION.
The portion of this contract that pertains to the sale of goods and services shall be considered complete once all US Dollars owed to Witch Doctor Designs for the sale have been paid by the buyer and all goods and services shown on the invoice have been received by the Buyer in SATISFACTORY CONDITION.
Once the sale portion of this contract is complete, the buyer agrees to remain bound to the terms stated in CONFIDENTIALITY for a period of five years. Witch Doctor Designs agrees to remain bound to the terms of the WARRANTY, if included with the goods and services purchased, for however long a period is stated in said Warranty.
T3.2 ORDER EXECUTION
The ORDER EXECUTION shall be considered as having taken place at the date and time the invoice and terms are executed regardless of whether any money has changed hands yet or not. If the order is placed via the web store, Order Execution takes places at the time the buyer clicks “Place Order” and payment is successful. Placing the order also requires the buyer to accept these Terms by checking the box indicating as such before clicking “Place Order.”
If invoices or terms are executed in any way other than via the web store, Order Execution shall be considered as having taken place on the date/time indicated on the order-pertaining documents signed by both parties. If the precise time is indeterminable for future reference, the value shall revert to 11:59pm on the date recorded on both the invoice and terms. If the date and/or time is recorded on only one document, then the un-recorded one shall revert to the date on the other. Witch Doctor Designs may send an e-mail to the buyer confirming an order but the timestamps of that e-mail are not relevant to the official time of Order Execution. Any additional invoices or terms amended to this sale after the original Order Execution shall not impact the time of the original Order Execution unless otherwise stated in an amendment.
T3.2.1 ASSENT TO SIGNATURE
Having offered up these terms, and for the purpose of making the document executable without both parties present (web store orders), Witch Doctor Designs agrees to these terms whether an actual signature from Witch Doctor Designs appears on the invoice or these terms. Order-pertaining documents that did not originate via the web store must include a signature (either physical or digital) from an authorized Witch Doctor Designs representative to be considered as executed.
The Invoice is a document generated by Witch Doctor Designs or an e-commerce software platform deployed by Witch Doctor Designs to record the goods and services being purchased by the buyer and the costs owed to Witch Doctor Designs by the buyer for production, delivery, shipping, options and tax pertaining to said goods and services. The total costs shown on the Invoice constitutes the entire amount of money owed by the buyer for this sale regardless of whether the entire amount is due at order execution.
Sometimes, additional costs may become associated with a sale after order execution has occurred due to circumstances such as additional options/upgrades added by the buyer later or shipping arrangements change prior to delivery. For any circumstance in which additional costs may be assessed or credited to the buyer, a separate Invoice will be issued by Witch Doctor Designs which will amend or accompany the original Invoice.
T3.4 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 the buyer does not report a problem or defect within 7 calendar days following the date of delivery, Witch Doctor Designs has the right to consider the item as received in satisfactory condition. If a buyer reports an item received in unsatisfactory condition, then the resolution process will follow the guidelines stated in the Return Materials Authorization (RMA). Minor cosmetic damages that may have occurred during shipping does not constitute “unsatisfactory condition.”
T3.5 DATE OF DELIVERY
The DATE OF DELIVERY refers to the official date and time that the buyer takes ownership of an item being delivered. This means that the item has either arrived onsite at the buyer’s shipping address and was accepted by the buyer via signature of a delivery confirmation issued by the shipping provider or refers to the date/time that an item was transferred directly from Witch Doctor Designs to the buyer without using a third-party shipping provider.
When an item is shipped via a third-party shipping provider, the buyer is required to accept the shipment even if the item appears to be damaged upon delivery. Such situations will be remedied by Witch Doctor Designs but the buyer must accept the delivery first. Accepting the delivery does not void any of the other terms stated here-in. Props delivered by parcel carrier (UPS, FedEx, USPS) may not require signature of upon delivery. In these cases, the Date of Delivery will be the same as reported by the parcel carrier’s tracking system.
Accepted forms of payment are: Visa, Mastercard, American Express, Discover, JCB, UnionPay, 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 incur additional fees. Please do not send any payment or financial information to Witch Doctor Designs via e-mail. Payments that may be declined by the issuing bank at any point, do NOT release the buyer from this contract and the buyer is responsible for any bank fees pertaining to the negated transactions.
All items must be paid in full at order execution including options, taxes and shipping. In some circumstances, Witch Doctor Designs may elect to delay payment of shipping costs until order is ready for delivery. It is Witch Doctor Designs sole discretion whether to offer delayed shipping payment at the time of order execution. Witch Doctor Designs will not ship or deliver an item until the shipping and freight has been paid by the buyer in full.
Most items from Witch Doctor Designs are made-to-order. Please allow 4-12 weeks for delivery of props and effects unless otherwise stated on the Invoice or amended to these terms at the time of sale. 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. Shipment dates are guaranteed when EXPEDITE is purchased with an order.
If the buyer purchases the EXPEDITE option, Witch Doctor Designs will attempt to move the buyer’s order ahead in the production queue, if applicable and reasonable, while guaranteeing a shipment date. The guaranteed shipment date will either be shown on the invoice or e-mailed to the buyer within 48 hours after order execution. Expedite must be chosen and paid for at the time of order execution unless otherwise amended to these terms prior to shipment. Any negotiations regarding the guaranteed shipment date must be agreed to prior to order execution. Once order execution takes place, the buyer agrees to the shipment date shown on the Invoice.
If Witch Doctor Designs does not ship the buyer’s item by the guaranteed shipment date, the buyer is entitled to a refund of the expedite fee equal to the following scale: 7-10 days late = 30%, 11-20 days late = 50%, 21-30 days late = 75%, 31+ days late = 100%. Shipment dates are not the same as dates of delivery as Witch Doctor Designs cannot control the performance of third-party shipping providers which may be utilized. Witch Doctor Designs makes no guarantee of dates of delivery.
T5.2 BACK-ORDERED PARTS
Sometimes parts needed to build an item may become backordered by Witch Doctor Designs’ suppliers. Unless substitute parts or amended designs are available at the discretion of Witch Doctor Designs, an 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 shipment date if such a situation occurs and the buyer shall be entitled to a refund of the expedite fee paid based on the previously shown scale.
For heavy props and effects (50 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 countries should contact Witch Doctor Designs to discuss shipping options prior to sale.
Witch Doctor Designs will ship your item using one of the following means:
LTL freight carrier
Certified private transporter
It is the sole discretion of Witch Doctor Designs as to which means to use, which may be determined after sale and does not impact the amount of the fixed-fee shipping and freight costs agreed to or pre-paid by the buyer at order execution.
The fixed fee for shipping and freight includes insurance during transport.
Pickup of an order at Witch Doctor Designs is always available and free.
It is Witch Doctor Designs’ responsibility to insure the item during transport to the buyer. If the item is destroyed or significantly damaged during transport to the buyer, Witch Doctor Designs will remedy the situation, but the buyer must accept the delivery first. “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 instances that 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 taken ownership of by the third-party 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.
T6.2 PARCEL CARRIER SHIPMENTS
For light props and effects (less than 50 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, which may be determined after sale and does not impact the amount of the fixed-fee shipping and freight costs agreed to or pre-paid by the buyer at order execution. 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. Deliveries made by parcel carriers may not require signature of a delivery confirmation upon delivery.
For delivery of light 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.
T6.3 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 shipment date. 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 unpackaging 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. Costs associated with onsite installation are included in the Special Delivery fee unless amended to these terms prior to sale.
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 order execution or in some instances, prior to shipment date.
T7.0 ORDER CANCELLATION/REFUNDS
Buyers may cancel orders up to 24 hours after the date and time of order execution 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 execution. Witch Doctor Designs has sole discretion 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.
T7.1 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 transactional 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 the refund. Witch Doctor Designs may assess a labor rate of up to $150/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 the shipping costs.
T8.0 SERVICE / RETURN MATERIALS AUTHORIZATION
To obtain service for a prop/effect, please contact Witch Doctor Designs or submit a SERVICE REQUEST form found at witchdoctordesigns.com BEFORE returning the product. All inquiries must be accompanied by a description of the problem. Witch Doctor Designs will assess the request and determine the item’s eligibility for repair. The buyer must respond to Witch Doctor Designs requests for additional information from the buyer such as photographs, videos or other forms of evidence pertaining to the problem or the item’s working environment, especially if the service being requested falls under the terms of warranty repair. Once Witch Doctor Designs, in sole discretion, deems the item eligible for repair, Witch Doctor Designs will start a RETURN MATERIALS AUTHORIZATION (RMA) and the following will ensue:
The buyer will ship or deliver the item to Witch Doctor Designs via a means agreed to by Witch Doctor Designs prior to shipment or delivery. The buyer incurs all shipping and freight costs associated with getting the item to Witch Doctor Designs regardless of whether the item meets the terms of the Warranty. Once Witch Doctor Designs receives the item to be repaired, the following will ensue:
If the item is covered by the Warranty at the time of the service request and meets the terms of the Warranty, Witch Doctor Designs will repair the item and ship it back to the buyer at no cost. Please refer to the Warranty for more details.
If the item is not covered by the Warranty at the time of the service request, Witch Doctor Designs will assess the problem(s) and then issue a quote to the buyer for repairs and return shipping. Once a quote for repair is agreed upon by the buyer, Witch Doctor Designs will issue an invoice for the repairs and return shipping. Witch Doctor Designs will not commence repairs until the invoice is paid by the buyer.
If the buyer does not accept the quote for repairs, Witch Doctor Designs will hold the item for a period of up to 6 weeks in which the buyer must either arrange to retake ownership of the item, incurring all associated costs or sell the item back to Witch Doctor Designs for a negotiated price. It is Witch Doctor Designs sole discretion to offer or not offer a buy-back option during this time. If the buyer does nothing after 6 weeks and/or fails to respond to Witch Doctor Designs’ communication regarding the matter, Witch Doctor Designs will ship the item back to the buyer C.O.D. with a separate invoice for freight and packing.
With this purchase, in addition to the physical product that the buyer receives, the buyer is gaining access to TRADE SECRETS that Witch Doctor Designs considers to be their proprietary, intellectual property. The buyer consents that they have no right to reconstruct, reproduce or closely replicate any of Witch Doctor Designs Trade Secrets 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 for a period of five years.
T9.1 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 are 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 electricity 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 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 pop culture.
T10.0 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 to assess or repair a problem nor any costs for labor or parts associated with a repair not covered by the 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.
T11.0 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 Amendment is only acceptable as a written (or digital) document that clearly states the intended purpose with cost adjustments to the sale (if applicable) and is signed by both parties prior to the deadlines stated within these terms. Valid Amendments shall supersede clauses of these terms when applicable.