Return Policy

BEN TEXTILES INC.

TERMS AND CONDITIONS OF SALE, CLAIMS, RETURNS, WARRANTIES, AND LIMITATION OF LIABILITY

By purchasing goods from Ben Textiles Inc. ("Seller"), Buyer acknowledges and agrees to the following terms and conditions, which shall govern all sales transactions unless otherwise agreed to in writing by Seller.

  1. ACCEPTANCE OF GOODS AND CLAIMS

Buyer shall inspect all goods immediately upon receipt. Any claim for shortage, defect, nonconformity, incorrect goods, pricing error, or other discrepancy must be submitted in writing and received by Seller within five (5) calendar days after delivery.

Claims must include supporting documentation, photographs, shipping documents, and any other information reasonably requested by Seller.

Failure to provide written notice within five (5) calendar days shall constitute Buyer's irrevocable acceptance of the goods and complete waiver of any claim relating thereto.

Cutting tickets, packing lists, shipping labels, or invoices shall not constitute proof of shortage or error.

No return, exchange, replacement, credit, or refund shall be considered without Seller's prior written Return Merchandise Authorization ("RMA"). Unauthorized returns will be refused.

  1. FINAL SALE POLICY

ALL SALES ARE FINAL.

EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, BEN TEXTILES INC. DOES NOT ACCEPT RETURNS, EXCHANGES, CANCELLATIONS, CREDITS, CHARGEBACKS, OR REFUNDS.

Buyer acknowledges that textiles, fabrics, and related goods are specialty commercial products that may vary in shade, texture, finish, hand feel, width, weight, yield, stretch, coating, weave, and dye lot.

No returns, refunds, credits, or exchanges shall be permitted for:

• Dye lot variations
• Color variance
• Monitor or screen color differences
• Texture or hand-feel differences
• Customer dissatisfaction
• Overstock purchases
• Delayed delivery by carrier
• Incorrect quantity ordered by Buyer
• Change of mind
• Project cancellation
• Customer application issues
• Natural fabric characteristics
• Industry-standard manufacturing tolerances

  1. TESTING OF GOODS

Buyer bears sole responsibility for determining whether goods are suitable for Buyer's intended purpose.

Prior to cutting, sewing, printing, dyeing, washing, altering, manufacturing, distributing, or reselling goods, Buyer shall thoroughly inspect, test, and evaluate the goods.

Testing should include, but is not limited to:

• Colorfastness
• Shrinkage
• Sewability
• Stretch and recovery
• Weight and yield
• Durability
• Flame resistance
• Coating performance
• General appearance and suitability

UNDER NO CIRCUMSTANCES SHALL ANY CLAIM BE ACCEPTED AFTER GOODS HAVE BEEN CUT, SEWN, PRINTED, DYED, WASHED, ALTERED, MANUFACTURED, OR OTHERWISE MODIFIED.

Do not mix dye lots. Buyer assumes all risk associated with dye lot variations.

Unless expressly stated otherwise in writing, fabrics sold by Seller are not represented as compliant with children's sleepwear flammability regulations or any other governmental safety standard.

  1. SHIPPING, TITLE, AND RISK OF LOSS

Title and risk of loss transfer to Buyer upon Seller's delivery of goods to the carrier.

Seller is not responsible for loss, theft, damage, delay, misdelivery, or other shipping-related issues occurring after goods have been tendered to the carrier.

Claims relating to transportation damage, delay, or loss must be filed directly with the carrier by Buyer.

  1. WARRANTIES DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL GOODS ARE SOLD "AS IS," "WITH ALL FAULTS," AND WITHOUT WARRANTIES OF ANY KIND.

SELLER DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Performance expectations
• Commercial suitability

No employee, representative, distributor, salesperson, or agent is authorized to modify these warranty disclaimers unless expressly approved in writing by an officer of Seller.

  1. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Seller's total liability arising from any transaction shall not exceed the purchase price actually paid for the specific goods giving rise to the claim.

Seller shall not be liable for:

• Lost profits
• Lost business opportunities
• Production delays
• Labor costs
• Manufacturing costs
• Rework costs
• Recall expenses
• Incidental damages
• Consequential damages
• Special damages
• Punitive damages
• Indirect damages

Buyer assumes all risk associated with the use, handling, resale, distribution, conversion, or manufacture of products using Seller's goods.

  1. PAYMENT TERMS

Payment is due according to the terms stated on Seller's invoice.

Any unpaid balance shall accrue interest at the lesser of:

(a) ten percent (10%) per annum; or

(b) the maximum rate permitted by applicable law.

Buyer agrees to reimburse Seller for all collection costs, including attorneys' fees, court costs, collection agency fees, expert witness fees, and related expenses incurred in enforcing payment obligations.

  1. CHARGEBACKS AND PAYMENT DISPUTES

Buyer agrees not to initiate a chargeback, payment reversal, or payment dispute unless Buyer has first provided Seller with written notice and a reasonable opportunity to investigate and resolve the matter.

If Seller prevails in any chargeback or payment dispute, Buyer shall reimburse Seller for all associated fees, costs, and expenses.

  1. FORCE MAJEURE

Seller shall not be liable for delays or failures caused by circumstances beyond Seller's reasonable control, including but not limited to acts of God, natural disasters, labor disputes, government actions, transportation interruptions, pandemics, material shortages, power failures, cyber incidents, or carrier delays.

  1. GOVERNING LAW AND VENUE

All transactions shall be governed exclusively by the laws of the State of California, without regard to conflict-of-law principles.

The exclusive venue for any dispute shall be the state or federal courts located in Los Angeles County, California.

Buyer expressly consents to personal jurisdiction in such courts.

  1. INTERNATIONAL SALES

For international sales, including sales to Canada and Mexico, Buyer is solely responsible for compliance with all local laws, regulations, duties, taxes, customs requirements, import restrictions, labeling requirements, and product compliance obligations.

To the maximum extent permitted by applicable law, the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded and shall not apply.

  1. COPYRIGHT

All content, photographs, product descriptions, specifications, catalogs, technical documents, artwork, and intellectual property associated with Ben Textiles Inc. are owned exclusively by Ben Textiles Inc. and are protected by United States and international intellectual property laws.

All rights reserved.

  1. SEVERABILITY

If any provision of these Terms and Conditions is determined to be unenforceable, the remaining provisions shall remain in full force and effect.

  1. ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between Buyer and Seller regarding the transaction and supersede any prior discussions, representations, understandings, or agreements.