Terms and Conditions

Terms and Conditions of Product Sales:

PLEASE READ THESE TERMS AND CONDITIONS OF PRODUCT SALES VERY CAREFULLY.

THE TERMS AND CONDITIONS OF PRODUCT SALES ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY YOU (“CUSTOMER”) ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.

BY ACCEPTING DELIVERY OF THE PRODUCTS FROM THE U.S. TATTOO SUPPLY AFFILIATE IDENTIFIED ON THE INVOICE OR OTHER U.S. TATTOO SUPPLY DOCUMENTATION (“U.S. TATTOO SUPPLY”), CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF PRODUCT SALES UNLESS CUSTOMER AND U.S. TATTOO SUPPLY HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN. ANY GENERAL DESCRIPTION OF THE TYPES OF PRODUCTS AND RESULTS THEREOF POSTED ON THE WEBSITE DO NOT CONSTITUTE PART OF THE AGREEMENT BETWEEN U.S. TATTOO SUPPLY AND CUSTOMER.

Shipping Instructions
Domestic Orders
We ship through FedEx and United States Postal Service. You will have the option to ship with either of these 2 companies once you proceed through to the checkout screen.

Note: Saturday and Sunday are not business shipping days.
Any order placed after 10 am will be processed and shipped the next day.
C.O.D.
An additional surcharge of $12.00 will be added to all COD shipments on top of regular shipping and handling charges. Customers must pay with a certified cashier’s check or money order only, no personal checks or cash will be accepted by FedEx. All unclaimed or refused C.O.D. package(s) will be subject to a service fee and a restocking fee of 20%. Customers with repeated unclaimed or refused C.O.D. orders will no longer be able to order C.O.D. packages.

Note: No COD orders through the United States Postal Service, or to any foreign countries, including Puerto Rico & Canada.

Important Information About These Terms and Conditions of Product Sales
These Terms and Conditions of Product Sales constitute a binding contract between Customer and U.S. Tattoo Supply and are referred to herein as either “Terms and Conditions of Product Sales” or this “Agreement”. Customer accepts these Terms and Conditions of Product Sales by making a purchase from or placing an order with U.S. Tattoo Supply or shopping on U.S. Tattoo Supply’s Website (the “Site”). These Terms and Conditions of Product Sales are subject to change without prior notice, except that the Terms and Conditions of Product Sales posted on the Site at the time Customer places an order will govern the order in question, unless otherwise agreed in writing by U.S. Tattoo Supply and Customer.

Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting U.S. Tattoo Supply. In addition, Internet connectivity requires access services from an Internet access provider. Contact your local access provider for details. Electronic signatures (or copies of signatures sent via electronic means) are the equivalent of written and signed documents.

IN CASE OF PROCUREMENT OF SERVICES, INDEPENDENTLY OR IN CONJUNCTION WITH THE PURCHASE OF PRODUCTS, SUCH SERVICES SHALL BE ON AND SUBJECT TO THE TERMS AND CONDITIONS OF SERVICE PROJECTS POSTED ON THE SITE.

Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms and Conditions of Product Sales or any purchase order (whether in electronic or written form) or invoice related thereto. This Agreement contains the entire understanding of the parties with respect to the matters contained herein and supersedes and replaces in its entirety any and all prior communications and contemporaneous agreements and understandings, whether oral, written, electronic or implied, if any, between the parties with respect to the subject matter hereof.

Governing Law
THESE TERMS AND CONDITIONS OF PRODUCT SALES AND ANY SALE OF PRODUCTS HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT EXCLUSIVELY IN COOK COUNTY, ILLINOIS, AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED THEREIN, SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING. Except in the case of nonpayment, neither party may institute any action in any form arising out of these Terms and Conditions of Product Sales more than one (1) year after the cause of action has arisen. The rights and remedies provided U.S. Tattoo Supply under these Terms and Conditions of Product Sales are cumulative, are in addition to, and do not limit or prejudice any other right or remedy available at law or in equity

Payment
Orders are not binding upon U.S. Tattoo Supply until accepted by U.S. Tattoo Supply. Customer agrees to pay the total purchase price for the products plus shipping (to the extent shipping is not prepaid by Customer). Terms of payment are within U.S. Tattoo Supply’s sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice, subject to continuing credit approval by U.S. Tattoo Supply.  Customer will pay for, and will indemnify and hold U.S. Tattoo Supply and the entities that control, are controlled by, or are under common control with U.S. Tattoo Supply (“Affiliates”) harmless from, any applicable sales, use, transaction, excise or similar taxes and any federal, state or local fees or charges (including, but not limited to, environmental or similar fees), imposed on, in respect of, or otherwise associated with the order or the products. Customer must claim any exemption from such taxes, fees or charges at the time of purchase and provide U.S. Tattoo Supply with the necessary supporting documentation. In the event of a payment default, Customer will be responsible for all of U.S. Tattoo Supply’s costs of collection, including, but not limited to, court costs, filing fees and attorneys’ fees. Credit card charges will show up as being charged through International Body Jewelry and Tattoo Supply.

Export Sales
If this transaction involves an export of items (including, but not limited to commodities, software or technology) subject to the Export Administration Regulations, such items were exported from the United States by U.S. Tattoo Supply in accordance with the Export Administration Regulations. Customer agrees that it will not divert, use, export or re-export such items contrary to United States law. Customer expressly acknowledges and agrees that it will not export, re-export, or provide such items to any entity or person within any country that is subject to United States economic sanctions imposing comprehensive embargoes without obtaining prior authorization from the United States Government. The list of such countries subject to United States economic sanctions or embargoes may change from time to time but currently includes Cuba, Iran, Sudan, and Syria. Customer also expressly acknowledges and agrees that it will not export, re-export, or provide such items to entities and persons that are ineligible under United States law to receive such items, including but not limited to, any person or entity on the United States Treasury Department’s list of Specially Designated Nationals or on the United States Commerce Department’s Denied Persons List, Entity List, or Unverified List. In addition, manufacturers’ warranties for exported products may vary or may be null and void for products exported outside the United States.

Warranties
Customer understands that U.S. Tattoo Supply is not the manufacturer of some products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not U.S. Tattoo Supply or its Affiliates. In purchasing the products, Customer is relying on the manufacturer’s specifications only and is not relying on any statements, specifications, photographs or other illustrations representing the products that may be provided by U.S. Tattoo Supply or its Affiliates. U.S. Tattoo Supply AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF NONINFRINGEMENT, OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES. THE DISCLAIMER CONTAINED IN THIS PARAGRAPH DOES NOT AFFECT THE TERMS OF ANY MANUFACTURER’S WARRANTY. Customer expressly waives any claim that it may have against U.S. Tattoo Supply or its Affiliates based on any product liability or infringement or alleged infringement of any patent, copyright, trade secret or other intellectual property rights (each a “Claim”) with respect to any product and also waives any right to indemnification from U.S. Tattoo Supply or its Affiliates against any such Claim made against Customer by a third party. Customer acknowledges that no employee of U.S. Tattoo Supply or its Affiliates is authorized to make any representation or warranty on behalf of U.S. Tattoo Supply or any of its Affiliates that is not in this Agreement. U.S. Tattoo Supply will not be responsible for and no liability shall result to U.S. Tattoo Supply. or any of its Affiliates for any delays in delivery which result from any circumstances beyond U.S. Tattoo Supply’s reasonable control, including, but not limited to, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, embargo, acts of God or acts or laws of any government or agency. Any shipping dates provided by U.S. Tattoo Supply and any purported deadlines contained in any other document are estimates only.