TERMS & CONDITIONS
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.
© 2023 WITCH DOCTOR DESIGNS, LLC
TERMS & CONDITIONS
These terms and conditions dictate the policies and procedures by which Witch Doctor Designs will act pertaining to a transaction of goods or services with any other party as well as dictate the expected obligations of said transacted party. Agreement to these terms by both parties should be considered a mandatory condition of sale and act as the binding contract between the parties when a transaction is agreed upon. A violation of these terms by either party may constitute a breach of contract and result in outcomes such as but not limited to: order cancellation, monetary refunds, monetary penalties, item returns or item replacements. “The Buyer,” is hereby referred to as the person purchasing goods or 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 and conditions may be accepted by the buyer via the buyer's physical signature on this document or by clicking accept in the web store checkout.
The Buyer agrees to pay Witch Doctor Designs the total amount of US Dollars stated on an invoice generated by Witch Doctor Designs or an e-commerce platform deployed by Witch Doctor Designs on the due date schedule set by Witch Doctor Designs 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.This contract shall commence at the precise date and time of order execution and be considered complete once all US Dollars owed by the buyer have been paid and all goods and services have been provided by Witch Doctor Designs in satisfactory condition. The terms of warranty and confidentiality extend the obligations of both parties beyond the completed transaction of goods and services. Order Execution is the date and time that these terms were agreed upon. In most cases, this will be documented by the web store or e-commerce platform. If an order is executed in any other way, the date/time is to be indicated on the documents signed by both parties. If the time is indeterminable for any reason, the value shall revert to 11:59pm on the date recorded. Timestamps on e-mails confirmations or e-mail messages pertaining to an order do not pertain to official start date and time of any contract.
PAYMENT / LATE FEES
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. All items must be paid in full at the time of order execution including taxes, shipping and any other additional fees that may apply unless an amendment is added to these terms. Witch Doctor Designs may charge the buyer late fees on a monthly basis equal to 12% of the total un-paid balance, after 60 calendar days delinquent. Witch Doctor Designs reserves the right to refer un-paid balances to a collection agency after 90 calendar days delinquent. If a payment from the buyer is declined by the issuing bank at any point, it does not release the buyer from this contract and the buyer is responsible for any bank fees pertaining to the negated transactions.
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. 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 held liable for minor cosmetic damage that may occur during transport and is not covered by the insurance. Any report of an item received in unsatisfactory condition will follow the guidelines stated in Returns & Service.
DATE OF DELIVERY
The date of delivery is 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 hired by Witch Doctor Designs or refers to the date/time that an item was transferred directly from Witch Doctor Designs to the buyer without the use of a third-party shipping provider or refers to the date and time that an item was transferred from Witch Doctor Designs to a transporter hired by the buyer. Props delivered by parcel carrier (UPS, FedEx, USPS, etc.) may not require signature upon delivery. In these cases, the date of delivery will be the same as reported by the parcel carrier’s tracking system.
Most items from Witch Doctor Designs are made-to-order and can take anywhere from 2-20 weeks to complete once the order has been placed based on variety of factors. Witch Doctor Designs will notify the buyer of expected delays in delivery as soon as such circumstances are quantifiable. If you absolutely need to receive an order by a specific date, you should contact Witch Doctor Designs before placing the order to discuss production options and whether or not Witch Doctor Designs can meet your timeline needs. Delivery dates are not guaranteed under any circumstances and Witch Doctor Designs shall not be held liable to any penalties or losses due to a delay in delivery.
For heavy props and effects (25 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 via one of the following means:
Certified Private Transporter
LTL Freight Carrier
Direct Delivery by Witch Doctor Designs
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. For light props and effects (less than 25 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. Pickup of an order at Witch Doctor Designs is always available and free. The fixed fee for shipping and freight includes insurance for the shipment.
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.
For buyers in some states, under some circumstances, Witch Doctor Designs may elect to use our own people and trucks to personally deliver your props. This method of shipping will not be shown as an option in the webstore checkout and should be discussed between the Buyer and Witch Doctor Designs prior to purchase. If the buyers elects to have Witch Doctor Designs assist in the installation or unpackaging 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 Direct Delivery fee unless amended to these terms.
SUPPORT & RETURNS
If you need to report a problem with an item that you purchased from Witch Doctor Designs or need service of an item, please initiate a support request by calling or sending us an e-mail to firstname.lastname@example.org. Please provide as much information as possible regarding your request and allow up to 72 hours for a response. Once we receive your request, we will issue you a case code. Do not ship or return items back to Witch Doctor Designs without first receiving a case code and further instructions provided by Witch Doctor Designs. 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 such as photographs, videos and/or other evidence pertaining to the problem. Witch Doctor Designs will ultimately determine, with sole discretion, one of the following outcomes:
1) We can provide remote support to remedy the problem, and nothing needs to be moved.
2) The prop will need to be sent or delivered to Witch Doctor Designs for service.
3) The prop is un-repairable and needs replacement.
The buyer is responsible for incurring the cost of getting the item shipped or delivered back to Witch Doctor Designs for service regardless of whether the repair is warranty-eligible or not.
If the repair is warranty-eligible, we will fix it and return it back to you at no cost. If the repair is not warranty-eligible, we will issue an invoice for parts, labor and return shipping to be paid by the buyer before we proceed with any repairs. If the buyer fails to 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 pay for the repairs, retake ownership of the item, or sell the item back to Witch Doctor Designs for a negotiated price. It is Witch Doctor Designs sole discretion whether or not to offer a buy-back option during this time. If the buyer does nothing after 6 weeks and 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.
Buyers may cancel orders up to 24 hours after the 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 execution. Any release of the buyer from the contract must be amended to these terms.
REFUNDS: 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 $100/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.
NOT ALL PRODUCTS SOLD BY WITCH DOCTOR DESIGNS INCLUDE A LIMITED WARRANTY. TO SEE IF YOUR PRODUCT QUALIFIES, CHECK THE PRODUCT MANUAL.
Witch Doctor Designs warrants the eligible item's mechanical and electronic components of the product to be free of defects in material and workmanship if used under normal operating conditions. as directed by Witch Doctor Designs, for a period of one (1) year from the original date of delivery, unless a longer minimum warranty period is mandated by applicable local laws.
The limited warranty covers only the product’s pneumatic/electronic components and in some instances, elements of armature or mechanism integrity. Components covered by the warranty vary by product. Please refer to the product’s user manual to see which specific components for that product are covered. EXCLUSIONS: The Limited Warranty does not cover the product if it has been electronically, mechanically or aesthetically modified in any way. If the product needs to be modified or adapted in order to comply with applicable technical or safety standards on a national or local level, in any country other than the USA, the modification/adaptation shall not be considered a defect in materials or workmanship. The limited warranty does not cover any such modification/adaptation, regardless of whether it was carried out properly or not. Witch Doctor Designs shall not be held responsible for any cost resulting from a modification/adaptation.
Damage/defects caused by the following conditions are not covered by the limited warranty:
Improper handling, neglect, failure to maintain or failure to operate the unit in compliance with the instructions given in the product’s user manual.
Connection or operation of the unit in any way that does not comply with the technical or safety regulations applicable in the country where the product is used.
Damage/defects caused by acts of God/Nature (accident, fire, flood, etc) or any other condition that is beyond the control of Witch Doctor Designs.
Damage/defects caused by accident or exposure to conditions causing abnormal stress on the product in accordance with the normal operating conditions listed in the user manual.
The Warranty does not cover foam and latex components nor exterior imperfections such as but not limited to paint, costumes and adornments unless otherwise stated in the warranty for each specific product. Free inspections and maintenance/repair work are expressly excluded from the limited warranty, in particular, if caused by improper handling of the product by the user. This also applies to defects caused by normal wear and tear. Any repair or alteration carried out by unauthorized personnel will void the limited warranty. Any product that was optioned by the buyer for weatherization or was used in an outdoor environment will void the warranty. International buyers are subject to all charges associated with shipping the product to and back from Witch Doctor Designs regardless of whether a repair is deemed warranty eligible or not. The amount of time needed to complete a warranty repair can be affected by a variety of factors who’s potential impact on the repair timeframe are indeterminate with any certainty, such as but not limited to the buyer’s obligations to complete certain tasks in a timely manner, availability of parts, materials or technical resources can all delay repair timeframes. Therefore, Witch Doctor Designs cannot guarantee nor shall be held by any designated date or number of days by which a warranty repair is to be completed. Witch Doctor Designs will make best effort to complete a warranty repair as soon as possible. Witch Doctor Designs is not liable for any damages resulting from a prop/effect being inoperable during times that the buyer’s attraction is open for business to the public. The limited warranty is extended exclusively to the original buyer and is not transferable to anyone who may subsequently purchase the product. No other person shall be entitled to give any warranty promise on behalf of Witch Doctor Designs. The limited warranty is valid only for use by the buyer and becomes void if the product is rented or hired by another user. OTHER RIGHTS & NATIONAL LAW: The limited warranty does not exclude or limit the buyer’s statutory rights as a consumer in any way. The limited warranty regulations mentioned here-in are applicable unless they constitute an infringement of applicable mandatory local laws. The limited warranty does not detract from the seller’s obligations in regard to any lack of conformity of the product and any hidden defect.
Sometimes parts needed to build an item may become backordered or delayed 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.
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.
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 for a period of two years following the execution of this contract, 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 either owned by or professionally affiliated with the buyer without equal financial restitution paid to Witch Doctor Designs. 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.
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 or digitally executed by both parties in accordance with the terms stated here-in. Valid amendments shall supersede clauses of these terms when applicable.
© 2023 WITCH DOCTOR DESIGNS, LLC