Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS WEBSITE. All users of this site agree that access to and use
of this site are subject to the following terms and conditions and
other applicable law. If you do not agree to these terms and
conditions, please do not use this site.
Copyright The
entire content included in this site, including but not limited to
text, graphics or code is copyrighted as a collective work under the
United States and other copyright laws, and is the property of
DesignerCurios. The collective work includes works that are
licensed to DesignerCurios. Copyright 2007, DesignerCurios
ALL RIGHTS RESERVED. Permission is granted to electronically copy and
print hard copy portions of this site for the sole purpose of placing
an order with DesignerCurios or purchasing DesignerCurios
products. You may display and, subject to any expressly stated
restrictions or limitations relating to specific material, download or
print portions of the material from the different areas of the site
solely for your own non-commercial use, or to place an order with
DesignerCurios or to purchase DesignerCurios products. Any
other use, including but not limited to the reproduction, distribution,
display or transmission of the content of this site is strictly
prohibited, unless authorized by DesignerCurios. You further agree
not to change or delete any proprietary notices from materials
downloaded from the site.
Trademarks All
trademarks, service marks and trade names of DesignerCurios used
in the site are trademarks or registered trademarks of
DesignerCurios
Warranty Disclaimer This
site and the materials and products on this site are provided "as is"
and warranties offered or described by WeatherBuffs.com, if any, are
made only by the manufacturers. To the fullest extent permissible
pursuant to applicable law, DesignerCurios disclaims all
warranties, express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose and
non-infringement. DesignerCurios does not represent or warrant
that the functions contained in the site will be uninterrupted or
error-free, that the defects will be corrected, or that this site or
the server that makes the site available are free of viruses or other
harmful components. DesignerCurios does not make any warrantees or
representations regarding the use of the materials in this site in
terms of their correctness, accuracy, adequacy, usefulness, timeliness,
reliability or otherwise. Some states do not permit limitations or
exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability DesignerCurios
shall not be liable for any special or consequential damages that
result from the use of, or the inability to use, the materials on this
site or the performance of the products, even if DesignerCurios
has been advised of the possibility of such damages. Applicable law may
not allow the limitation of exclusion of liability or incidental or
consequential damages, so the above limitation or exclusion may not
apply to you.
Typographical Errors In
the event that a DesignerCurios product is mistakenly listed at an
incorrect price, DesignerCurios reserves the right to refuse or
cancel any orders placed for product listed at the incorrect price.
DesignerCurios reserves the right to refuse or cancel any such
orders whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase
and your order is cancelled, DesignerCurios shall issue a credit
to your credit card account in the amount of the incorrect price.
Term; Termination These
terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by
DesignerCurios without notice at any time, for any reason. The
provisions relating to Copyrights, Trademark, Disclaimer, Limitation of
Liability, Indemnification and Miscellaneous, shall survive any
termination.
Notice DesignerCurios
may deliver notice to you by means of e-mail, a general notice on the
site, or by other reliable method to the address you have provided to
DesignerCurios.
Miscellaneous Your
use of this site shall be governed in all respects by the laws of the
state of California, U.S.A., without regard to choice of law
provisions, and not by the 1980 U.N. Convention on contracts for the
international sale of goods. You agree that jurisdiction over and venue
in any legal proceeding directly or indirectly arising out of or
relating to this site (including but not limited to the purchase of
DesignerCurios products) shall be in the state or federal courts
located in Contra Costa County, California. Any cause of action or
claim you may have with respect to the site (including but not limited
to the purchase of DesignerCurios products) must be commenced
within one (1) year after the claim or cause of action arises.
DesignerCurios's failure to insist upon or enforce strict
performance of any provision of these terms and conditions shall not be
construed as a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act to modify any
of these terms and conditions. DesignerCurios may assign its
rights and duties under this Agreement to any party at any time without
notice to you.
Selection of Preferred Carrier Carrier
for any offered delivery service in the USA or International may be
selected by you and that selection preference, however, may be changed
at our sole discretion given that the estimated time of delivery is
similar to the one you chose and paid. If we choose to change from your
selected preference, no additional moneys are due WeatherBuffs.com and
no refunds in whole or part are due you. We reserve the right to make
this unliateral decision for any reason, but the most common include
remote delivery surcharges, recent delivery delays to a given area by a
certain carrier, customs issues to a given area by a certain carrier,
recent delivery failures to a given area by a certain carrier, faster
delivery to a given area by a certain carrier and/or time of carrier
pickup vs. time of package readiness for dispatch at our warehouse. All international orders are by Air. No surface (boat) transport of any
item including Grandfather Clocks. At our sole discretion, we reserve
the right to refund your purchase and refuse to ship if remote
surcharges or unusually expensive rates and/or other fees, assessments
or surcharges apply. We will advise if this occurs, in writing. Free
Shipping or Free Freight are revocable offerings without exception or
limitation. The orders that contain such may be canceled and fully
refunded by WeatherBuffs.com without explanation, exception, liability
or damages of any kind.
Delivery Time Approx 2-4 day Int'l Delivery is the estimate of all of the int'l services offered. Ground or Standard delivery in the USA, Canada or Protectorates or APO/FPO is estimated by the carriers at 5-7 days. Other air Expedited Service are generally estimated
by the title of the service with the exception of USPS Express and
Priority Mail which are 1-2 day and 2-3 day respectively, but not
guaranteed by USPS. We make no claim, nor warranty for accomplishment
of any estimated
delivery time frame mentioned on this site for domestic or
international shipments. In every instance where delivery time is
referenced on this site, it is an estimate only.
Delivery Failures No
adjustment will me made for delivery delays affecting USA or Int'l
deliveries due to circumstances of any kind or character that may occur
once the package leaves our warehouse unless we are able to achieve
concessions by the carrier. Amount of adjustment, if any, is at our
sole discretion and is not subject to approval of any other party or
entity of any kind or character. Because a claim will be involved in
cases where we attempt to recoup all or a portion of the delivery
charges in a failed or delayed delivery, please allow 4-6 weeks for
processing of such refunds, if any occur at all.
Legality of Importing Items You Purchase from Us We
do not take responsibility for knowing whether this item is legal for
you to import or use outside of the USA. It is your sole responsibility
to know. If you do not know, contact your local government agency to
determine before purchasing. Customs refusals are rare but can occur.
Restocking fees apply to customs refusals and any other type of
refusal. We ship all over the world and each country is different.
Addressing International
addresses cannot be a PO Box. Address must be physical, street address
including street number, street name, suite or apartment number (if
applicable), city, province and postal code. Local phone number and
email address are REQUIRED for international documentation.
Duties, Fees, Taxes, VAT, Levies & Other Government Fees Import
taxes and duties, if any, are paid by you. We cover door-to-door
freight to your address in this quote. We are not informed or
knowledgeable of customs and/or import fees your country may impose.
VAT, administrative fees, tariffs, levies or any other cost imposed
upon you by your government's trade policies and/or fee structures are
yours to bear.
Returns & Restocking Fees, if applicable
- No restocking fee on regular, non-promotion based purchases (items without free shipping or other incentives like free gifts)
- 10% or $9.95, whichever is more, if FREE Shipping or Discounted
Shipping has been applied to your purchase of a USA or Protectorates
destined small package (non-freight).
- 20% + $300 if FREE Shipping or Discounted
Shipping has been applied to your purchase of a USA or Protectorates
destined freight package.
- 35% + $350 restocking fee for International Freight.
- 20% restocking fee for all International Small Package Returns.
If
you receive product that does not function, we will replace the "Dead
on Arrival" (DOA) product or have the manufacturer replace it free of
charge. In the event that you choose to return the product instead,
rebuffing our offer to replace free of charge, you must pay return
shipping and the product must be returned in "like new" re-sellable
condition with a note written and enclosed by you that states that you
could not get the unit to operate properly on its arrival. If, upon
testing, we find the unit to be faulty, we will refund you the amount
of the product only and not the outbound shipping, nor will we waive
any restocking fee for free or discounted shipments because you
rebuffed our offer of free replacement. If we find the unit to be in
good working order and re-sellable, restocking fee applies.
You
must, for any return, acquire a Return Merchandise Authorization Number
(RMA #) from us. Any items returned without this RMA # clearly written
on the OUTSIDE of the package of any returned item will be discarded
and no refund of any amount will be due. If you simply "refuse"
delivery of an item, upon its return without an RMA #, it too shall be
discarded and no refund of any amount will be due. Even if the package
has been destroyed by the carrier and you can see the item is damaged,
DO NOT refuse delivery as the carrier will want to examine the package
to honor a claim. If you refuse a damaged package and the carrier
refuses the insurance claim because you did not keep it for
examination, NO REFUND will be due to you at all.
If you decide
that an item is too large, too small, or undesirable for your use in
any way, you are welcomed to return the item, given that it is returned
in its original packaging and that the item and its packaging are
complete and in like new condition including instruction manuals. If
the item(s) need to be cleaned, reorganized, or repackaged (including
exterior packaging of the item), deductions will be made by
WeatherBuffs.com at the sole discretion of WeatherBuffs.com as your
refund is calculated and issued.
All refunds will go "back the
way they came" as credits to the method of payment you chose at
purchase. After 90 days, however, the only cash refunds we will make
will be via PayPal. We will not issue checks, nor shall we send cash in
the mail, nor shall we acquire Cashiers Checks, Bank Drafts or any
other type of refund method other than PayPal. If you do not have a
PayPal account, you will need to establish one to reclaim refunds made
that can no longer be credited to your credit card. All Wire Transfers
are refunded through PayPal only. We will not "re-Wire" the money. For
international transactions, all payments made are made in USD and all
refunds will be made in USD. No compensation shall be due by
WeatherBuffs.com if the exchange rate is different (plus or minus) at
the time of refund versus the time of payment. Refunds made via PayPal
for wires or credit card purchases after 90 days are subject to
prevailing PayPal fees on your side of the transaction. We will not
make compensatory adjustments for these fees, which are usually nominal.
We
reserve the right to refuse service to anyone, including but not
necessarily limited to cancellation and refund of non-shipped orders
without exception, limitation, liability or penalty.
Use of Site Harassment
in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden.
Impersonation of others, including a DesignerCurios or other
licensed employee, host, or representative, as well as other members or
visitors on the site is prohibited. You may not upload to, distribute,
or otherwise publish through the site any content which is libelous,
defamatory, obscene, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable which may
constitute or encourage a criminal offense, violate the rights of any
party or which may otherwise give rise to liability or violate any law.
You may not upload commercial content on the site or use the site to
solicit others to join or become members of any other commercial online
service or other organization. The use of any coupon code on this
site is subject to the review and subsequent authorization of
WeatherBuffs.com. Its seeming acceptance or rejection by the automated
shopping cart is but a tentative confirmation which is subject to
review by WeatherBuffs.com. Although a completed purchase invoice and
receipt may be automatically generated and delivered to the customer,
apparently confirming a certain coupon discount, the order is subject
to modification or rejection and refund by WeatherBuffs.com at the sole
discretion and judgment of WeatherBuffs.com. In the event of such use,
WeatherBuffs.com will notify customer of his/her options to complete or
cancel the affected order(s). Participation Disclaimer DesignerCurios
does not and cannot review all communications and materials posted to
or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and
distribute user-generated content on the site, DesignerCurios is
merely acting as a passive conduit for such distribution and is not
undertaking any obligation or liability relating to any contents or
activities on the site. However, DesignerCurios reserves the right
to block or remove communications or materials that it determines to be
(a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or
misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to DesignerCurios in its sole discretion.
Indemnification You
agree to indemnify, defend, and hold harmless DesignerCurios, its
officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of these terms and conditions or any
activity related to your account (including negligent or wrongful
conduct) by you or any other person accessing the site using your
Internet account.
Third-Party Links In
an attempt to provide increased value to our visitors,
DesignerCurios may link to sites operated by third parties.
However, even if the third party is affiliated with
DesignerCurios, DesignerCurios has no control over these
linked sites, all of which have separate privacy and data collection
practices, independent of DesignerCurios. These linked sites are
only for your convenience and therefore you access them at your own
risk. Nonetheless, DesignerCurios seeks to protect the integrity
of its web site and the links placed upon it and therefore requests any
feedback on not only its own site, but for sites it links to as well
(including if a specific link does not work).
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