PalmBeachSalesCompany.com and its affiliates provide their services to you subject to the following
conditions. If you visit or shop at PalmBeachSalesCompany.com, you
accept these conditions.
Please read them carefully. I. PRIVACY Please review our Privacy Statement, which also governs
your visit to PalmBeachSalesCompany.com, to understand our practices.
II. ELECTRONIC COMMUNICATIONS When
you visit PalmBeachSalesCompany.com or send e-mails to us, you are
communicating with us electronically. You consent to receive communications
from us electronically. We will communicate with you by e-mail or by posting
notices on this site. You agree that all agreements, notices, disclosures
and other communications that we provide to you electronically satisfy any
legal requirement that such communications be in writing. III. COPYRIGHT All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data
compilations, and software, is the property of PalmBeachSalesCompany.com or its
content suppliers and protected by United States and international copyright
laws. The compilation of all content on this site is the exclusive property
of PalmBeachSalesCompany.com and protected by U.S. and international copyright
laws. All software used on this site is the property of
PalmBeachSalesCompany.com or its software suppliers and protected by United
States and international copyright laws. IV. TRADEMARKS
PalmBeachSalesCompany.com is a service marks of PalmBeachSalesCompany.com. or its affiliates. All rights reserved. These and
other PalmBeachSalesCompany.com graphics, logos and service marks and trademarks
of PalmBeachSalesCompany.com and its affiliates may not be used without prior
written consent of PalmBeachSalesCompany.com or its affiliates, as the case may
be. All other trademarks, product names, and company names and logos
appearing on PalmBeachSalesCompany.com are the property of their respective
owners. V. CONTENT PROPRIETARY RIGHTS User acknowledges that
PalmBeachSalesCompany.com contains information, data, software, photographs,
graphs, videos, typefaces, graphics, music, sounds, and other material
(collectively ) that are protected by copyrights,
trademarks, trade secrets, or other proprietary rights, and that these
rights are valid and protected in all forms, media and technologies existing
now or hereinafter developed. All Content is copyrighted as a collective
work under the U.S. copyright laws, and PalmBeachSalesCompany.com owns a
copyright in the selection, coordination, arrangement, and enhancement of
such products. VI. APPLICABLE LAW This site is created and controlled by PalmBeachSalesCompany.com in the State of Florida. As such, the laws of the
State of Florida will govern these disclaimers, terms and conditions,
without giving effect to any principles of conflicts of laws.
PalmBeachSalesCompany.com reserves the right to make changes to its site and
these disclaimers, terms and conditions at any time. User hereby irrevocably
and unconditionally consents to submit to the exclusive jurisdiction of the
courts of the State of Florida and of the United States of America located
in the State of Florida for any litigation arising out of or relating to use
of or purchase made through PalmBeachSalesCompany.com (and agrees not to
commence any litigation relating thereto except in such courts), waives any
objection to the laying of venue of any such litigation in the Florida
Courts and agrees not to plead or claim in any Florida Court that such
litigation brought therein has been brought in an inconvenient forum.
VII. SEVERABILITY The provisions of these Terms of Use are intended to
be severable. If for any reason any provision of these Terms of Use shall be
held invalid or unenforceable in whole or in part in any jurisdiction, such
provision shall, as to such jurisdiction, be ineffective to the extent of
such invalidity or unenforceability without in any manner affecting the
validity or enforceability thereof in any other jurisdiction or the
remaining provisions hereof in any jurisdiction. ACKNOWLEDGMENT The Terms of
Use, including all documents referenced herein, represents the entire
understanding between you and PalmBeachSalesCompany.com regarding your
relationship with PalmBeachSalesCompany.com and supersedes any prior statements or
representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by visiting the
PalmBeachSalesCompany.com web site. The aforementioned Terms of Use are
subject to change. VIII. DISCLAIMER OF WARRANTIES AND LIMITATION OF
LIABILITY
THIS SITE
IS PROVIDED BY PalmBeachSalesCompany.com ON AN ; AND ;AS AVAILABLE; BASIS. PalmBeachSalesCompany.com MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT
YOUR SOLE RISK.
TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, PalmBeachSalesCompany.com DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
PalmBeachSalesCompany.com DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR
E-MAIL SENT FROM PalmBeachSalesCompany.com ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. PalmBeachSalesCompany.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY
KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE
ADDITIONAL RIGHTS. <IX. RISK OF LOSS All items purchased from
PalmBeachSalesCompany.com are
made pursuant to a shipment contract. This means that the risk of loss and
title for such items pass to you upon our delivery to the carrier X.
DELIVER GUARANTY Delivery of product is guaranteed upon our delivery to
the carrier.
Except for any of the following reasons: Carrier
is at fault AND/OR There are unusual and undue shipping
delays over which PalmBeachSalesCompany.com has no control AND/OR Carrier
fails to deliver shipment to destination
Warranty is void if shipment is
not claimed within the terms of the shipper PalmBeachSalesCompany.com
reserves the right to either replace or credit delivery solely at its
discretion. Any credit due will be given on future orders. No item
will be replaced if the item is damaged due to negligence on the customer's
or carrier's part. Orders are sent on a prepaid basis. Prices
are subject to change without notice.
In situations where, through no fault of PalmBeachSalesCompany.com or the carrier, an order or any portion of an order is
cancelled or otherwise refused by the customer after the order has been
processed, bagged, boxed and delivered to a carrier, the following charges
shall be charged to the customer: Any freight/carrier charges which
might have been incurred, All applicable box/packing charges, All
applicable replacement charges, and A restocking charge
on all returned items equal to 20% of the amount actually invoiced for the
items.
In any and all cases not specifically waived
in advance, the customer shall be responsible for the entire cost of
shipping the order, whether such shipment is made via air freight or via any
of the various forms of door-to-door service. Once paid for, all orders are final, and the items
purchased are removed from our list, depending on availability.;We
reserve the right to substitute any item for another, as long it is of the
same description. Note: Reason being that items reserved for a
customer at time of payment may no longer be for sale.
Shipping
Information: a.) We use shipping carriers such
as the U.S. Post Office, UPS, Federal Express, and various contracted
national carriers.; Unless a certain carrier is specified by the
purchaser, our staff is trained to find the least expensive and most
efficient manner to ship to the purchaser's destination. b.) To contact our customer service
department and make special shipping arrangements call 1-800-905-2912. c.) All shipping charges will be added to
the delivery C.O.D. unless prior arrangements have been made. XI. OUR
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