TERMS OF SALE |
TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS AND SERVICES
1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH LIBERTY COIN CREATIONS OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW. These terms and conditions (these “Terms“) apply to the purchase and sale of products and services through libertycoincreations.com (the “Site“). These Terms are subject to change by LIBERTY COIN CREATIONS. (referred to as “us“, “we“, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes. These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site. 2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between LIBERTY COIN CREATIONS. and you will not take place unless and until you have received your order confirmation e-mail. You have the option to cancel your order at any time before we have sent your order confirmation e-mail by calling our Customer Service Department at 919.442.8401 or CustomerCare@libertycoincreations.com. 3. Prices and Payment Terms. (a) Prices. All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. (b) Payment. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We PayPal for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. 4. Shipments; Delivery; Title and Risk of Loss. (a) Shipping. We will arrange for shipment of the products to you via USPS First Class Mail. Please check our shipping information page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. You are responsible for all duties and taxes applied to a shipment at customs. A contact phone number is required for all shipments. (b) Delivery. A signature may be required for shipments at the time of delivery. Delivery on Sundays or holidays is unavailable. Saturday delivery may be available, but please contact Customer Care at 919.442.8401 or CustomerCare@libertycoincreations.com for pricing and eligibility. (c) Title and Risk of Loss. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. (d) Made to Order Items. Items made to order will ship approximately 12-14 days after we receive your order. You will receive a confirmation of shipment when the order is sent. If you need your order sooner, please contact us to see how quickly we can accommodate you. Expedition fees may apply. 5. Goods. (a) Gift Wrapping. All packages will arrive in our exclusive Liberty Coin Creations packaging. Gift wrapping and Gift Cards are available through Customer Care. (b) Engraving. Engraving is available for certain items. Engraved items are non-returnable. Please contact Customer Care at CustomerCare@libertycoincreations.com or 919.442.8401 (Monday-Friday 9am-5pm EST) for pricing and availability. (d) Sizing. The first ring sizing is at no cost to you. Should a re-size be necessary, there is a twenty-five dollar ($75) fee. All rings under size five (5) and over size eleven and a half (11.5) will need to be placed as a special order and will be shipped in four (4) to six (6) weeks of our receipt of the special order. Some rings cannot be resized. Please see specific product pages for more information. In the event that you would like to order a non-resizable ring in a size that is not in stock, you must submit your order as a special order. Please contact us at CustomerCare Care at CustomerCare@libertycoincreations.com or 919.442.8401 for more information. (e) Repairs. For any repair inquiries, please contact us at CustomerCare@libertycoincreations.com or 919.442.8401 for more information. 6. Returns and Refunds. (a) Returns. Please ask any questions you may have before ordering. Once you receive your order we will do whatever possible to remedy any problems or concerns. Custom orders or items that are Made To Order may not be refunded or exchanged. If the wrong size is ordered you may return to have the item resized at no extra cost beyond shipping. (b) Requesting a Return. To return products, you must call 919.442.8401 or e-mail our Returns Department at Returns@libertycoincreations.com to request a return. If we authorize your return, we will provide you with a Return Merchandise Authorization (“RMA“) number before shipping your product. No returns of any type will be accepted without an RMA number. 7. LIMITED WARRANTY. WE WARRANT THAT THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN WORKMANSHIP. OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. TO PRESERVE THIS LIMITED WARRANTY, ONLY LIBERTY COIN CREATIONS CAN RESIZE, MODIFY, REPAIR, OR WORK ON YOUR ITEM. (a) Warranty Exclusions. This limited warranty does not cover any damages due to: transportation; storage; improper use; failure to follow the product instructions or to perform any preventive maintenance; modifications; unauthorized repair; normal wear and tear; or external causes such as accidents, abuse, or other actions or events beyond our reasonable control. (b) Remedies. With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products. (c) Warranty Service. To obtain warranty service, you must call 919.442.8401 or e-mail our Customer Service Department at CustomerCare@libertycoincreations.com during the Warranty Period to obtain an RMA number. No warranty service will be provided without an RMA number. (d) Limitation of Liability. THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 8. Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products from the Site for your own personal or household use only, and not for resale or export. 9. Privacy. Our Privacy Policy, www.libertycoincreations.com/Privacy-Policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site. 10. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. 11. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of North Carolina. 12. Assignment and No Third Party Beneficiaries. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. These Terms do not and are not intended to confer any rights or remedies upon any person other than you. 13. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of LIBERTY COIN CREATIONS. 14. Notices. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current. To give us notice under these Terms, you must contact us by email at LIBERTYCOINCREATIONS.com. We may update the address for notices to us by posting a notice on the Site. Notices provided will be effective immediately one business day after they are sent. 15. Entire Agreement and Severability. Our order confirmation, these Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms. 16. Help or Advice. We welcome you to contact our Customer Care at 919.442.8401 between the hours of 9am and 5pm EST or by email at CustomerCare@libertycoincreations.com. |