We warrant that on delivery the goods shall:
- comply in all material respects with their description on the order;
- be of satisfactory quality
- be fit for purpose we say the goods are fit for or for any reasonable purpose for which you use the goods
- be free from any material defects in design, material or workmanship
This warranty does not apply to any defect in the goods arising from:
- fair wear and tear, willful damage, accident or negligence by you or any third party
- use of the goods in a way that we do not recommend
- your failure to follow instruction which we have provided to you; or
- any alteration or repair you carry out without prior approval
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of the obligations we may have under these Terms that is caused by unexpected events over which we have no reasonable control (an ‘Unexpected Event’)
- An Unexpected Event includes Act of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, extreme weather conditions, lock-outs, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.
- The obligations we have under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which the obligations we have under these Terms can be performed despite the Unexpected Event
- You agree to defend, indemnify and hold Cinch Events, LLC Events, LLC and its suppliers, subsidiaries, licensors, and licensees, and each of their officers, directors, shareholders, members, employees and agents harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) Submissions or Content you submit, post to or transmit through the Services (b) your use of the Services, (c) your violation of the Agreement, and (d) any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or is violation of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Service.
PRICE AND PAYMENT
- The price of goods shall be the price in force at the time you confirm your order. We reserve the right to update our price list from time to time without providing specific notice to you
- The price includes sales tax (unless otherwise stated). Sales tax will be charged at the rate applying at the time of delivery and location
- The price or goods excludes delivery (unless otherwise stated). The cost of delivery shall be as specified in the order
- Payment of all goods must be made in advance by PayPal. We accept no other payment options
- The goods will be delivered to your delivery address specified on the order.
- Delivery of the order shall be complete when we deliver the goods to you.
- If we are not able to deliver the whole order at one time for any reason including operational reasons or shortage of stock, we will deliver the order in installments. We will not charge you extra delivery costs for this. If you ask us to deliver the order in installments, we may charge you extra delivery costs. Each installment shall constitute a separate contract. If we are late delivering an installment or one installment is faulty, that will not entitle you to cancel any other installment.
- We will take reasonable steps to meet the delivery estimate set out on the order (or as otherwise agreed between us in writing). However, occasionally delivery may be affected by factors which we do not control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery with you. We shall have no liability for late delivery except where time has been made of the essence of the contract and agreed by both parties in writing at the time of ordering.
- Once received, please check all goods within 10 working days. We reserve the right to refuse claims for damaged or missing goods made after this time unless a longer period of time has been previously agreed in writing.
- We strongly advise you to arrange delivery at least 10 working days in advance of any event to allow sufficient time to check your order.
RETURNS AND CANCELLATIONS (EXCLUDING SPECIAL ORDER ITEMS)
- Should you wish to return an order following delivery you may do so by informing us within 7 working days of receipt of delivery. All goods must be returned to us and we ask that you take reasonable care when handling the goods and return the goods to us unopened, unused and in their original packaging
- The cost of returning the goods once delivered is at your own cost and risk
- We are not responsible for any loss or damage to any returned goods in transit and as such, we recommend that you return the goods through a recorded delivery service
- When returning goods please carefully package the goods together with your returns reference
- If returned goods are lost or damaged in transit, we reserve the right to charge you for any loss or damage
- Where we have agreed to the return of goods, these goods must be returned within 14 days of the notice of intent
- In the unlikely event that the goods do not conform to these Terms, please let us know as soon as possible by contacting Customer Services
CANCELLATION OR CHANGES
- Cancellation or Changes to an order must be made before shipment of your order. If you need to cancel or change your order, please email and call us immediately after you place your order. Unfortunately, once your order has been processed, Cancellation or Changes are NOT possible
© 2017 Cinch Events LLC