Buyer(s) consent to the following Terms and Conditions:

South Look, Majaua and Ray Surfwear (hereinafter "South Look" and/or "Seller") acceptance of Buyer's orders is expressly made conditional on Buyer's assent to these terms and conditions. Unless otherwise agreed to in writing by all parties, the terms and conditions set forth on this website, order confirmation and/or invoice supersede the terms and conditions of the Buyer's purchase order(s) and will govern all transaction between the Buyer and the Seller. These terms and conditions also apply to all future transaction unless modified in writing signed by all parties. Seller specifically rejects any terms or provisions which set any standards, specifications or damages related to quality and time of delivery or which contradict or purportedly claim to supersede these terms and conditions. Buyer's acceptance of goods delivered by Seller in conjunction with its invoice or order confirmation is an acknowledgement by Buyer of its acceptance of these terms and conditions.

 

 

Notice of Defects:

The Buyer must make any claims of defects, including but not limited to those related to shortages, quality, or specification, within the first 7 days after the receipt of merchandise. The Seller cannot be responsible for shortages when shipments are directed to a third party. It is the responsibility of Buyer to inspect upon receipt, that all merchandise delivered matches its order.

 

Modification of Goods:

Modify the goods and you own them! Once merchandise is printed, garment dyed, washed or altered in anyway, the Buyer cannot return or make a claim relating to such merchandise. The Seller is not responsible for fallout or loss during the garment dye process. Regularly test the merchandise for garment dyability. Garments modified by the Buyer, or modified by Seller at the request of Buyer, may not be returned, Seller may agree, as an accommodation to Buyer, to purchase these items. Should Seller make this accommodation, Buyer authorises Seller to sell such garments and warrants that it has the right to sell such goods to Seller and releases and indemnifies Seller from any liability related to labels, marks, designs or other intellectual property rights in anyway related to the sale or distributions of these goods.

 

Returns:

In a case of poor quality or manufacturing defect, garments may be exchanged or returned by mail. It is the responsibility of Buyer to inspect upon receipt, that all merchandise delivered matches its order. A written authorisation from the Seller must be obtained by the Buyer for any returned merchandise. All returns must be made within 7 days of receipt of goods. You may contact us at Transversal 49C Nro 59-86, Medellin - Colombia. Via email at info@thesouthlook.com or by phone +573219660818. Returns should be submitted to the direction above. Once we receive and inspect garments, the refund will be made to the original payment method. The Seller will charge the Buyer a 25% restocking fee with a US$ 5.00 minimum charge for any returned merchandise. Buyer authorises Seller to sell any garments with Buyer's label, mark, custom, design or print that have been returned, rejected, or abandoned.

Shipping and handling fees are not refundable.

 

Margin Error:

There will always be differences of tone in all printing processes, both printing and dyeing. This common margin of error is about 5% discrepancy, in most cases totally imperceptible to the human eye. On the other hand, due to the calibration of monitors and mobile screens, colours may appear differently than samples and garments. On this basis, the Buyer shall refrain from claims due to small colours differences between a print run and another and/or claims for tone discrepancies between samples and/or garments.

 

Acceptance of goods with Known Defects Waives Claims for Damages:

Buyer must notify Seller in writing of all claims for damages resulting from late delivery or any other defect that is known to Buyer at the time Buyer accepts the merchandise. Buyer hereby waives any claim for damages resulting from any defect Buyer is aware of, including late delivery, at the time Buyer accepts the merchandise.

 

Defaults:

It is understood that should the Buyer become Delinquent in payment, no further credit will be Extended and the Seller will charge the Buyer a past due service charge at the rate of 1 ½% per month (18% per annum), collection agency fees in the amount of 30%, and/or reasonable attorney's fees, and all other costs and expenses which may be incurred by the Seller in the enforcement of the terms and conditions set forth on this invoice, credit application, and/order confirmation. Any returned checks will be charged back to the Buyer, and a US$50 handling fee will be charged to the Buyer. If the Buyer's account is insured and the Buyer's account is turned over to a receivable insurance company for a claim, Seller can also charge the client an additional 30% of the principal amount due which is in default. It is understood that these charges are a reasonable estimation of the damages Seller will incur upon Buyer's default. 

 

Exclusion of Implied Warranties:

The Buyer recognises that implied warranties of merchantability and fitness for particular purpose and all other warranties implied are excluded from any transaction between Buyer and Seller and shall not apply to the goods sold by Seller. Seller shall also not be liable for any consequential damages.

 

No Responsibility:

Buyer acknowledges that Seller has no responsibility for any work performed by any vendor referred by Buyer and hereby waives any right to assert any claim against Seller for work performed by any other firm, including but not limited to claims for negligent referral, agency, or respondent superior.

 

Deterioration of Buyer's Credit:

The Seller has the right, in addition to other Remedies provided by law, to terminate any delivery or suspend further deliveries of other shipments in the event the Buyer fails to pay for anyone shipment when the same becomes due. Should the Buyer's financial condition become unsatisfactory to the Seller, the Seller may require advance payments or bank letters of credit for delivery of goods.

 

Personal Guaranty:

In consideration of such credit extended and/or to be extended by South Look in its discretion to Buyer, or the release of goods paid by online transfers the individual(s) signing this invoice, credit/Buyer application, other confirmation, or delivery receipt or check (who, if more than one, shall be jointly and severally bound) hereby unconditionally guarantee(s) to South Look and its successors, endorsees, and assigns the punctual payment when due, with such interest as may accrue thereon either before or after any maturity(ies) thereof, of all debts and obligations of Buyer and any other party or parties, now existing or hereafter arising, as well as the performance and observance by Buyer of the terms, conditions, stipulations, and agreements of Buyer contained in this invoice, credit application, and/or order confirmation of South Look. 

This Guaranty will be continuing and irrevocable guaranty and indemnity for such indebtedness of Buyer. The undersigned do(es) hereby waive notice of acceptance of this Guaranty, notice of the occurrence of any default, presentments, demands, protests, and notices of any and all action at any time taken or omitted by Buyer regarding its indebtedness to South Look. The signer consent(s) to any modification or renewal of the credit hereby guaranteed. This guaranty shall bind the executors, administrators, and assigns of the undersigned and shall remain in force and effect unless and until canceled by written notice sent to Seller by registered mail, in which case it shall then be binding as to any balances still owing and outstanding as of the date of Seller receipt of such registered notice. This Guaranty also gives South Look the right to investigate credit from time to time of both Buyer and the Personal Guarantor(s), if deemed necessary by Seller.