Wisecracker Luggage Terms of Sale

Welcome to the Wisecracker Luggage website (the “Site”), which is owned and operated by Wisecracker LLC (“Wisecracker” or “we”).

PLEASE READ THE FOLLOWING CAREFULLY.  IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.

These Terms of Sale apply to all your purchases on the Site.  By placing an order on the Site, you represent that you are at least eighteen (18) years of age and agree to be bound by these Terms of Sale.  If you do not agree to these Terms of Sale, please do not place any order on the Site.

Please note that your use of the Site is also subject to and governed by our Terms of Use and Privacy Policy, which, together with these Terms of Sale, constitute the entire agreement between you and us concerning your use of the Site and all your purchases on the Site.

1. Order Acceptance and Cancellation

We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card account has been charged and your order is canceled, you will receive a prompt refund to your credit card account. We are not responsible for orders that are not received due to technical difficulties transmitting to or within our site.

2. Payment Terms and Sales Taxes

Payment must be received by us prior to shipping your order. We accept payment by VISA, MasterCard,  American Express and PayPal for all purchases. You represent and warrant that: (a) all credit card information you supply to us belongs to you and is current and accurate; (b) charges incurred by you will be honored by your credit card company; and (c) you will pay all charges incurred by you, including any applicable sales taxes (currently, only on orders shipped to California). All payments must be in United States dollars. Your current billing address and telephone information must be included with every order.  Please refer to our Privacy Policy for information concerning our collection and use of your personal information.

3. Changes in Merchandise

We seasonally update our merchandise, and may discontinue merchandise at any time without notice. We will not be liable for the lack of availability of merchandise through our site. All pricing for the merchandise available on our site is subject to change.

4. Shipping Policy

We endeavor to ship all merchandise within forty-eight (48) hours (excluding U.S. federal holidays) after processing each order and offer a variety of shipping options to meet your needs. We use UPS, Federal Express and U.S. Postal Service with Next Day, 2nd Day and Ground delivery options available for most items. Rural addresses, as determined by the carrier, may require additional time for delivery and, as with addresses containing a P.O. Box or APO Box number, do not qualify for guaranteed on time delivery. No C.O.D. orders can be accepted. All merchandise purchased is F.O.B. our fulfillment center. Your signature at time of delivery may be required. If you refuse delivery of any merchandise, you authorize us to charge a US$25.00 fee to your card account on file with us to compensate us for return shipping and handling. There may be occasional delays beyond our control and the normal shipping time. In such event, we will ship the merchandise as soon as the cause of delay is resolved.  If the delay is more than five (5) business days, we will send you an e-mail message notifying you of the delay. You must notify the carrier and us of non-receipt of any merchandise within fifteen (15) days from the date of purchase. Failure to notify the carrier and us within this 15-day period constitutes your waiver of all claims for loss of merchandise. International customers are responsible for all import duties and custom charges for merchandise sent outside of the U.S. and you authorize us to charge your credit card account for any and all unpaid duties and charges.

5. Promotions

By accepting a promotional offer you agree to pay the full retail price (including any applicable sales tax) of the promotional merchandise or service in the event that your order no longer qualifies for the promotional offer due to a return or exchange of merchandise and in such event you authorize us to charge the full retail price of the promotional merchandise or service to your credit card account on file with us or deduct that amount from any refund, exchange or store credit otherwise due. Promotions may include free merchandise, free shipping, discounts based on quantity and/or any other promotional value.

6. Advertising Disclaimer and Trademarks

In the event merchandise is listed at an incorrect price or with incorrect information due to a typographical error on our site, we shall have the right to cancel any orders placed for merchandise at the incorrect price, whether or not the order has been confirmed and your credit card account charged. If your credit card is charged and your order is cancelled, we will immediately issue a credit to your account.

7. Return Policy

We offer a thirty (30) day return policy on all purchases made on the Site – that is, if you are not completely satisfied with your purchase, you have thirty (30) days from the date the purchase item is delivered to you by the carrier, to return the item to us for an exchange or a full refund, PROVIDED, however, that the returned item is unused with the original hangtags attachedShipping costs for such a return are the responsibility of the purchaser.  Subject to the foregoing, upon receipt of your returned item, we will promptly process your return.  The cost of the item and applicable taxes will be refunded to the credit card or the PayPal account used for the purchase.  Please note that, depending on your credit card company, it may take more than one billing cycle for a credit to appear on your credit card statement.  Price adjustments will not be made on previously purchased items.

To return an item, please follow the instructions below:

  1. Pack your item in the original Wisecracker box or container.
  2. Include the completed return form that arrived with the merchandise.  If exchanging, please note the description/style number of the new item.
  3. Ship your item via an insured, traceable carrier (such as UPS, Federal Express or the U.S. Postal Service) to:

Wisecracker DC
Attn.: Customer Returns
4700 Greg Road
Pico Rivera, California 90660
U.S.A.            

Please retain a copy of the receipt for your records. If you have any questions about our return policy or would like to follow up on a return you have submitted, please contact our Customer Service team via telephone or email as follows:

Telephone: 1.800.419.2984 (US) or + 415.794.5918 (International) 

Please call between 7 am and 5 pm, Pacific Standard Time (PST), Monday through Saturday (excluding U.S. federal holidays).

Email: customerservice@wisecrackerluggage.com

8. Limited Warranty

All Wisecracker-branded merchandise sold on the Site is covered by a LIMITED WARRANTY against defects in material and/or workmanship for as long as the item is owned by the original purchaser (this warranty is non-transferable). If you experience a problem with your Wisecracker product, please contact our Customer Service staff via telephone or email as follows:

Telephone: 1.800.419.2984 (US) or + 415.794.5918 (International) 

Please call between 7 am and 5 pm, Pacific Standard Time (PST), Monday through Saturday (excluding U.S. federal holidays).

Email: customerservice@wisecrackerluggage.com

If the problem is covered under our LIMITED WARRANTY, our Customer Service staff will make arrangement with you to return the item to us for, at your election, either a full refund or an exchange at no charge.  We will pay for shipping costs for returns and exchanges under our LIMITED WARRANTY.

EXCLUSIONS: This warranty does NOT cover: any loss or damage caused by a common carrier (such as an airline); any normal wear and tear; any loss or damage due to customer misuse or neglect, theft, accident, or other causes beyond our control; or any damage to contents, loss of use, loss of time, or other consequential or incidental damages, unless otherwise required by law.  

This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

9. Disclaimer and Limitation of Liability

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF SALE, ALL MERCHANDISE OFFERED ON THE SITE IS EXPRESSLY SUBJECT TO THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN OUR TERMS OF USE (click here), ALL OF WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE.

10. Force Majeure

We shall be excused from liability for non-delivery or delay in delivery of products and service available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbances, war, fire, accident, adverse weather, inability to secure transportation, governmental acts or regulations, and other causes or events beyond our reasonable control.

11. Applicable Law

The Site is operated by Wisecracker from the State of California, U.S.A.  As such, the laws of the State of California will govern this Agreement, without giving effect to any principles of conflicts of laws.