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Terms and Conditions
These Terms and Conditions govern your use of World Class Emporium (WCE) website. When you visit or shop at worldclassemporium.com you consent and agree to these terms. Please read them carefully.
Privacy
- All information that WCE obtains from or about you is subject to our Privacy Policy.
- By providing WCE with information, or using any WCE website or services, you consent to the collection and use of this information as set forth in the Privacy Policy.
Please read our Privacy Notice. It also governs your use of this website.
Electronic Communications
When you visit worldclassemporium.com, send us emails, you are communicating with us electronically and consent to receive communications from us electronically. We may communicate with you by email or by posting notices on this website. You agree that all notices, disclosures, agreements or other communications we provide electronically satisfy any legal requirement that such communications be in writing.
Password and Security
- You may receive a password upon registration and/or becoming an affiliate with WCE. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your password.
- You agree to (a) immediately notify WCE of any unauthorized use of your password or any other breach of security, and (b) ensure that you exit at the end of each session by loging out. WCE cannot and will not be liable for any loss or damage arising from your failure to comply with these terms of use.
Registration Obligations
- In consideration of your use of the website, you represent that you are of legal age to become an affiliate of WCE, are over 18 years of age, and are not barred from receiving services under the laws of the United States or other applicable jurisdiction.
- You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form.
Modification and Cancellation
- WCE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the use or content of WCE website, any WCE service, or any part thereof, with or without notice.
- WCE shall not be liable to you or to any third party for any modification, suspension, cancellation or discontinuance.
Dealings with Others
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through WCE or its website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.
- You agree that WCE shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such persons.
Copyrights
World Class Emporium owns the copyrights and trade dress rights in the content, the selection, arrangement and compilation thereof. You are prohibited from using this website or any content for any resale or commercial purpose or any exploitation of any part of the content of this website for the benefit of any other merchant.
Acceptance and Delivery of Orders
ll orders submitted by you constitute an offer to purchase which are subject to acceptance or rejection by World Class Emporium. Our acceptance of any order from you is expressly conditional upon your assent to these Terms and Conditions. We expressly limit our acceptance of your order to such terms. We will not be responsible for any delay in performance beyond our reasonable control or beyond the control of our suppliers. You agree that shipping and delivery dates are approximate and that time is not of the essence.
Payment Terms
Payment in the form of Visa or MasterCard shall be due and payable at the time you submit your order unless prior approval from World Class Emporium. Orders will not be shipped unless payment or confirmation of payment is received in advance.
Claims and Risk of Loss
For any merchandise which is defective in workmanship or material and for which you make a claim within five (5) days after receipt of the merchandise, we will elect to either replace the merchandise, provide you with a Gift Certificate, or refund the purchase price. When making such a claim, you must submit both the original packing slip and the defective merchandise itself, unless these conditions are waived by us in writing. This paragraph constitutes our sole obligation as to the merchandise, and you acknowledge that this paragraph sets forth your exclusive remedy for any breach of warranty or other duty related to the merchandise or quality thereof. Any refund for merchandise shall not include shipping and handling or replacement fees. At our discretion, we may charge a restocking fee, not to exceed twenty-five percent (25%) for returned merchandise. You bear all risk of loss from the time the merchandise is loaded onto common carrier to be shipped to you, regardless of whether you pay freight.
Warranty Exclusions
WCE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WCE IS NOT LIABLE FOR ANY LOSSES, COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO OR USE OF WCE's WEBSITE, ANY SERVICES WE PROVIDE OR THE ADVERTISING OF OUR PRODUCTS. NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS GIVEN OR ASSUMED BY WCE OR ITS AFFILIATES, AND ALL SUCH WARRANTIES, REPRESENTATIONS AND TERMS ARE HEREBY DISCLAIMED AND EXPRESSLY EXCLUDED. NO ADVICE OR INFORMATION GIVEN BY WCE OR ANY OF OUR REPRESENTATIVES/AFFILIATES SHALL CREATE ANY WARRANTY.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, OR ARISING BY CUSTOM OR TRADE USAGE AND, SPECIFICALLY, MAKE NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE MERCHANDISE ARE HEREBY SUPERCEDED, EXCLUDED AND DISCLAIMED. THE EXPRESS WARRANTY CONTAINED IN PARAGRAPH 6 HEREIN CONSTITUTES THE SOLE AND EXCLUSIVE WARRANTY MADE BY US AND IS IN LIEU OF ALL OTHER WARRANTIES. IN NO EVENT SHALL WE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF THE SAME IN ADVANCE. OUR AGGREGATE LIABILITY IN ANY EVENT IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU.
Product Descriptions
We will periodically add, change, modify and update this website, including without limitation these Terms and Conditions and the Privacy Notice. We make no warranties or representations that the content, including product descriptions, prices and depictions, is accurate, complete, reliable, current or error-free and we assume no liability therefore. If a product you purchased is not as described, your sole remedy is to return it in unused condition.
Nonwaiver of Default
Each shipment made under any order submitted by you on this website will be treated as a separate transaction, but we reserve the right to decline to make further shipments or accept further orders without in any way affecting our rights under any order. If, despite a default, we elect to continue to make shipments, or accept further orders from you, such action(s) shall not constitute a waiver of any default, or in any way affect our legal or equitable remedies for any such default, or of any default at any prior or subsequent time.
Amendments
No amendment, modification or addition to these terms and conditions shall be binding unless expressly agreed to in writing signed by us.
Coupon Discounts
"Specials","Bulk Buy","WCE Catalog" catagories and Affiliate Supplies do not qualify for coupon discounts. "Specials" have already been discounted and the "Bulk Buys" are priced at the lowest price possible for buying in bulk. The WCE Catalog and Affiliate Supplies are sold at cost.
Miscellaneous
Any waiver by us of any policy, term or condition applicable to your use of this website shall not constitute a waiver of any other policy, term or condition. These terms and conditions shall be construed under and governed by the substantive laws. In the event of any dispute concerning the use of this website or any order placed on this website, you consent to and agree that any state or federal court in the state of Nebraska shall have personal and subject matter jurisdiction over you and this Agreement; that Nebraska has the most significant contacts with the use of this website, to the exclusion of any other state; and that any legal dispute brought by either of us relating to the use of this website will be instituted in Nebraska.
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