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Please read our TERMS & CONDITIONS/POLICIES (below) CAREFULLY before ordering.
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The Customer or user is responsible for obtaining access and providing all equipment necessary to access the web site of Motion Picture F/X Company (MPFX) and other interlinked websites including www.monsterclub.com and www.makeupkits.com . As internet connectivity and access services may involve third party fees or airtime charges from an Internet Service Provider or other service provider, you will be responsible for those fees. By accessing, browsing, surfing, visiting, shopping or otherwise using MPFX’s web site, you acknowledge that you have read, understood and agree to be bound by all terms and conditions of this User Agreement.
As the User Agreement can be updated by MPFX at any time without notice to you, please review the latest version of MPFX’s User Agreement frequently and specially at the time of placing each order. Prices and availability are subject to change without prior notice, at MPFX’s discretion. Any change posted on the site will be accepted by the Customer. Changes could be due to sell-out of all stock by MPFX or its Supplier/s, modifications in product specifications, for commercial or other reasons.
MPFX makes no representation that materials in MPFX’s site are available or appropriate for use in all locations within USA or internationally and it is the Customer’s responsibility to make sure that he or she complies fully with local laws regarding installation and/or use of any products. Those who choose to access, browse, surf, visit, shop or otherwise use this or any other interlinked sites from any locations do so on their own initiative, at their sole risk and are responsible for complying with all applicable laws.
Any claim relating to, and the use of this Site and the materials contained herein is governed by the laws of the State of California without conflict of law rules. The Customer hereby consents to jurisdiction of the State and Federal courts located in Los Angeles County, California to hear such claims.
Any non-personal or commercial use of any robot, spider, other automatic software or hardware device or manual process to monitor or copy portions of this web site or the content/s container herein without prior permission of MPFX is expressly prohibited.
It is also expressly prohibited to collect or use any product listings, descriptions or prices from this site or from other MPFX sites for the benefit of another merchant that supplies competitive or comparable products to those offered on the site or using , visiting or taking any action that imposes an unreasonable or disproportionately large load on the site or otherwise interferes with the proper and timely functioning of any MPFX web site.
Copyright of all information, data, databases, text, photographs, audio, video software or other materials available on the site is held by MPFX or by the original creator/s of the material/s. The Customer and/or Browser agrees that, except as stated herein, none of the material in this web site will be displayed, copied, reproduced, distributed, republished, downloaded, posted or transmitted in any form or manner or by any means, including but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of both MPFX and the copyright owner. Any unauthorized use of any material contained in this site may violate any patent, copyright, trademark, trade secret or proprietary rights of any party or may infringe the laws of privacy and publicity and communications regulations and statutes. BE WARNED: Copy our stuff and we will come after you!
MPFX’s web site may provide links to other web sites or resources world wide. MPFX does not pre-screen any content and the Customer agrees to evaluate and bear all risks associated with the use of any content including any reliance on the accuracy, completeness or usefulness of such content. Because MPFX has no control over such web sites and resources, you agree that MPFX is not responsible or liable for any content or other materials which are on or available from such sites and resources and also agree that MPFX shall not be responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with use of or reliance of any such products, contents or services available on or through any such site or resource.
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Limitation of Liability
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You clearly understand and agree that MPFX, shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for any loss of data, loss of profit, goodwill or other intangible losses, arising out of the use, or the inability to use, the materials on the web site, even if MPFX or a MPFX authorized representative has been advised of the possibility of such damages. if your use of materials from the web site results in the need for servicing, repair or correction of any of your equipment or data, all costs thereof are to be assumed by you.
Under this agreement, MPFX will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim of any third party except as expressly provided herein. Under this agreement, MPFXwill not be liable for products or services not being available for purchase or use by the customer. You agree to indemnify MPFX and to hold MPFX and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees, harmless from any claim or demand, including reasonable attorney’s fees made by any third party due to or arising out of any sale or transfer of merchandise or services or due to or arising out any content posted, submitted, transmitted or made available. Under this agreement, customer agrees that for any liability related to any transaction, including, but not limited to the purchase of merchandise and services, MPFX is not liable or responsible for any amount of damages above the actual dollar amount paid by its original customer for the purchase(s) of merchandise or services from MPFX.
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Orders and Sales Tax
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MPFX will do its best to fulfill any products or services ordered by the Customer within a reasonable time. MPFX has no control over Customer orders that include items that are out of stock or on back order. MPFX may invoice parts of an order separately. MPFX may do partial shipments. Customer orders are not binding until accepted in writing by MPFX. Binding Customer orders include (but are not subject to) internet orders, verbal orders, email orders, fax orders, mail orders, phone orders, written orders, and courier orders. MPFX. will collect applicable sales tax on all shipments within California. The Customer is responsible for sales, freight costs, and all other taxes associated with this order.
Please be patient when waiting to receive an order. MPFX is proud to offer products and services from an evergrowing list of the smallest through the largest manufacturers, distributors, vendors, wholesalers, and retail stores in the World. The Special Effects industry is small. Everyone knows everyone. That is what makes it great. Some items come from overseas, from different countries or from different U.S. States, are out-of-stock, on back order, or are only scheduled for future production (in the works). Manufacturers or distributors sometimes change product arrival dates without notifying MPFX. MPFX is subject to these date changes and at the discretion of MPFX, may inform the Customer of the ETA (Estimated Time of Arrival) of an order based on the information it has on hand. MPFX does offer the newest, most unique, and custom products and services in the industry, but it can take time, so please be patient and respectful. We are also only human.
Sales Tax exempt purchasers need to provide MPFX, in advance, a copy of a state resale certificate, exemption certificate or other acceptable proof of sales tax exempt status for the location where the merchandise will be shipped.
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Check Payment
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MPFX will NOT accept COD orders. MPFX will accept personal and business checks directly or by mail at its Burbank, CA location for prepay orders but will only start processing the order after the check is cleared which can take between 4 and 10 working days for clearing depending on the banks involved. There will be a charge of $25 on each returned check.
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Cancellation of Order - READ THIS!!
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In the event the Customer decides to cancel an order, MPFX would like to point out that wherever the merchandise ordered by the Customer has, in turn, to be ordered by MPFX from its Distributors/Suppliers, MPFX will not be able to cancel Customer’s order. Refer 'Orders and Sales Tax'. MPFX has no obligation to inform the Customer for any Customer order that may include items that are out of stock or on back order. At MPFX's discretion, cancellation of any item or order will be subject to either forfeiture of any deposit amount paid by the Customer or subject to restocking fees applicable. Please make sure that you have enough money on your Credit Card or in your Bank Account prior to placing an order with MPFX. If your payment is declined in any way, MPFX may be forced to take LEGAL COLLECTIONS ACTION against you.
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Special orders
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100% deposit is required for any special orders. In the event the Customer cancels the special order this deposit will be subject to forfeiture and not refundable. Refer ‘Cancellation of Order’.
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Payment by Credit or ATM Cards
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MPFX accepts Visa, MasterCard, American Express, Discover, and most ATM cards With a Visa/Mastercard logo. MPFX does not apply any surcharge for these credit card and ATM card purchases.
MPFX will charge or debit Customer's card for merchandise purchased or services rendered and for Shipping & Handling and Sales Tax or other applicable levies. MPFX will issue a Sales Receipt or Invoice to the Customer for merchandise purchased or services rendered. Upon request, MPFX will submit Customer's copy of the Credit Card receipt to the Customer.
Invoices are due and payable by customer to MPFX within the time period noted on the invoice, calculated from the date of invoice. Customer agrees to pay interest on all past-due sums, at the highest rate allowed by law.
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Shipping and Handling and Insurance
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When you place an order, MPFX will estimate shipping and handling charges subject to availability of the merchandise and the shipping options selected.
Unless otherwise specified and at the discretion of MPFX, MPFX Shipping and Handling rates via UPS Ground within the 48 Contiguos States (of USA)
The MPFX S&H Rates above, DO NOT APPLY to all Online Products/Orders and can changed anytime without notice at the discretion of MPFX.
MPFX will ship products within the 50 States (of USA) and Internationally, using selected major couriers such as UPS, Fed-ex or USPS and will separately charge Shipping and Handling charges to the Customer. At customer’s request and cost, MPFX can arrange for transit insurance coverage from the major couriers listed above. Loss or damage that occurs during shipping/transportation by a courier/carrier is customer’s responsibility. For customer’s protection, MPFX will ship only to the street address which should be the same as the credit or ATM card address of the customer. MPFX will not ship to a Post Box Number except to Post Box numbers meant for the Armed Forces/Military Services via USPS. In most cases, it is not possible to track packages shipped via USPS.
For International Orders, please email Customer Order Information to jeff@monsterclub.com. The usual process for International Orders from MPFX is as follows:
- MPFX accepts ONLY Visa or Mastercard for International Orders.
- MPFX must receive the following information from the customer prior to processing the order:
- Customer's truthful and complete First and Last Names.
- Customer's complete Billing Address based on the Credit Card (Visa or Mastercard ONLY) including Postal Code and all other information. MPFX ONLY SHIPS TO THIS BILLING ADDRESS OF THE CREDIT CARD BY THE ACTUAL OWNER OF THE CREDIT CARD... and you bet that we check!!
- Customer's Billing Phone Number based on the Credit Card (Visa or Mastercard ONLY) including any Areas Codes.
- Customer's CREDIT CARD #, VALID EXPIRATION DATE, and 3-DIGIT SECURITY CODE (MPFX ONLY ACCEPTS VISA OR MASTERCARD FOR INTERNATIONAL ORDERS).
- Customer's Email Address... this must be accurate!
- In most cases MPFX International S&H Costs are not known (only estimates) until the time of actually shipping the product(s), therefore, the charges to the MPFX International Customer are:
- Charges for the COST OF THE PRODUCT(S) ORDERED (when the order is made)...
.... and ...
- Charges for the actual MPFX Shipping & Handling Costs (when the order ships).
- INTERNATIONAL ORDERS ARE ALL SALES FINAL AND CANNOT BE CANCELED and therefore, DO NOT FALL UNDER ANY RETURN/EXCHANGE/RESTOCKING POLICIES.
- All International Orders are subject to acceptance at the discretion of MPFX.
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NOTICE- DISCLAIMER
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No warranty, expressed or implied, is made with regard to the use of these products. (Make-up, Special effects supplies, Books & DVD’s/Videos) As the use of these products are beyond the control of the manufacturer and MPFX. All injury or damage from the use of this product is disclaimed. The buyer assumes all risk of handling and use, whether in accordance with the directions or not.
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Return and Exchange Policy – Return Merchandise Number (“RMA”)
NO RETURNS ON BOOKS, OPENED DVD’s/VIDEOS AND OPENED OR UNSEALED MAKE-UP PRODUCTS OR SUPPLIES.
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Please remember that MPFX has to spend time and effort for handling each exchange or refund and it is always desirable that, at the time of ordering, the Customer thoroughly verify that the correct size, color, description is ordered.
Per MPFX's Return and Exchange Policy and Restocking Charges listed below, Un-opened non-makeup products purchased from MPFX can be exchanged or returned within fifteen (15) calendar days of shipment or ten (10) calendar days from date of receipt or pick up of the products by customer whichever is earlier. Thereafter all sales are final.
All merchandise returned for exchange or return must be in its original, new, unused, unworn condition and must include all original undamaged packaging and instructions as well as all the original tags, protective covers, literature, registration cards and any other items that may have accompanied the merchandise when shipped to or picked up by the Customer.
All exchanges and returns require MPFX’s Return Merchandise Authorization (“RMA”) number. MPFX will not accept or process any return or exchange without its RMA number.
Customer must request a RMA number over phone, email or fax within fifteen (15) calendar days of shipment or ten (10) calendar days from date of receipt or pick up of the products by customer whichever is earlier.
MPFX will normally issue its RMA number within three (3) calendar days and the customer must ship the products to be exchanged or returned within five (5) calendar days of receipt of RMA number to MPFX (unless instructed by MPFX in writing to ship to any other address). Customer will pay freight/courier charges when returning merchandise to MPFX.
The following restocking charges will be payable by Customer when exchanging or returning each of the following merchandise :
All categories/items/products sold (excluding taxes, S&H)
- Restocking Charge: 15% of item cost per item or unit plus any additional Payment Transaction Fees
MPFX cannot accept exchange or return of any DVD, CD, OR VIDEO that has been opened (taken out of its plastic wrap). ALL BOOK SALES FINAL
In case the merchandise is received back by MPFX in used, damaged condition or with tags removed or missing items, MPFX reserves the right to deduct an additional or extra charge. This deduction will be final and subsequent return of missing items will not reverse the deduction.
Customer will be responsible for shipping and insurance charges when returning merchandise for exchange or return. MPFX is not responsible for merchandise received damaged.
For Customer’s protection MPFX recommends that the Customer fully insure for loss or damage, any merchandise to be exchanged or returned. MPFX also recommends that the Customer use a courier/carrier that will provide Proof of delivery.
If the Customer decides to exchange the merchandise for a higher value item, the difference in value, after adjusting for Restocking Fees and/or other applicable fees, should be received by MPFX prior to shipment by MPFX.
If the Customer decides to exchange the merchandise for a lower value item, the difference in value, after adjusting for Restocking Fees and/or other applicable fees, will be credited to Customer’s account at MPFX which can be adjusted in the same Customer’s future purchases.
Special Order items cannot be returned or exchanged.
Discontinued and Clearance merchandise are ineligible for exchange or return.
If MPFX has, in error, shipped the wrong merchandise, MPFX will exchange the product without any restocking fees.
Returns of defective merchandise will be, at the option of MPFX, replaced, exchanged, repaired, or credited to customer account at MPFX's retail store.
All un-opened non make-up items purchased or picked in store can be returned for Store Credit only. No cash refunds.
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General Legal Disclaimer
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The section or clause titles are for convenience only and have no legal or contractual effect. MPFX is not liable for any direct, indirect, incidental, consequential, punitive or any other damages arising out of your use of this site.
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Patents, Copyrights, Trademarks
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All patents, copyrights, trademarks, registered trademarks and service marks are the sole property of their respective owners.
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Arbitration
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By using the information or materials on the site and/or by purchasing any merchandise or services from MPFX, you agree with MPFX, its owners, officers, shareholders, employees, agents, service providers, successors, assigns, affiliates, parents, subsidiaries and any content provider or anyone offering goods or services on the site or from MPFX’s store or through any associated activity including, but not limited to the packing, transporting of the goods/products, that any claim or dispute that you may have against any of these persons or entities, whether or not related to the described transactions, including the enforceability of this arbitration agreement, will be resolved, exclusively and finally by binding arbitration per the laws of California. Each party shall bear its own cost of any legal representation, discovery or research required to complete arbitration. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the web site or any purchase of merchandise or services from MPFX or the terms and conditions of this agreement must be filed within one (1) year from the date such claim or cause of action arose or be forever barred.
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Errors and omissions
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MPFX is not responsible for any typographical errors, incorrect images, omissions, inclusions or other erroneous information on our web pages or communicated over phone or in writing. After all, to err is human……and to forgive is divine.
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Motion Picture FX / MonsterClub.com - updated April 2008
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