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. Cancellations THIS AGREEMENT is made as of the date set forth below between Brand Name Bargains, LLC../ SalvageCloseouts.com/highendcloseouts.com/liquidationcloseouts.com/ departmentstoreliquidations.com (the “Company”) and The Customer set forth below (the “Customer”).WHEREAS, the Company is in the business of selling salvage, second hand, and new closeout overstock merchandise when discussed and printed on Invoice. (the “Merchandise”), and WHEREAS The Customer desires to purchase some of the Merchandise from the Company on the terms and conditions set forth herein, and the Company requires that, among other things, the Customer sign an acknowledgement accepting certain terms with respect to the Merchandise, and WHEREAS, such Merchandise may relate to various original retailers, including, without limitation Academy Sporting Goods, Albee Baby, Amazon, Bloomingdales, Carson’s, Federated, Fingerhut, Home Depot, Home Decor, Home Shopping Network, J.C. Penney, Kay Bee Toys, K. Mart, Sears, Kohl’s, Macy’s, Menards, Osco, Q.V.C, Rite Aid, Roses, CVS, Big Lot, Target, Wal-Mart, Mervyns, Harbor Freight, CSK, Victoria’s Secrets and/or any other department store or merchandiser product or merchandise (together, the “Department Stores”), IT IS HEREBY AGREED THAT: Orders. All orders are subject to acceptance by The Company and prior sale of merchandise to other customers. Such acceptance is conditioned upon Customer’s acceptance of these terms and conditions. The Customer shall not advertise any purchased Merchandise using the Department Store name(s), which list set forth above may be amended from time to time by the Company on notice to the Customer. The Customer agrees that all labels and tags denoting in any way the Department Stores or this marks or other identifying features, must be removed. Anyone found advertising or not removing labels or tags bearing department store name(s) may, among other things, be permanently barred from purchasing merchandise from the Company. CONDITION OF MERCHANDISE: All Merchandise is sold “As Is” with no warranties of any kind or guarantees of any kind expressed or implied. All Merchandise is sold “As Is,” with no refunds, returns, credits or exchanges offered or given. Some Merchandise may be salvage, store returns, or other similar second hand and or possibly damaged or unsellable merchandise Unless indicated as NEW. Loads may be sold as bulk loads (with no wholesale value, percentage or piece count given ). Any manifests given are not guaranteed. The Approximate value stated for Merchandise is merely a number that has been provided to the Company by its providers as an estimate only of wholesale or retail value at the time of purchase and the Company in no way represents or guarantees that this is the true value of the products. A 10% deposit is required to hold merchandise. Any Deposits made to reserve a truckload are final and non refundable if the customer does not complete the order or pay the balance within 30 days, as the deposit is used to secure and reserve the merchandise. No representation is made as to packaging, style, selection, assortment, condition or seasonality of the Merchandise. Styles and Models may be replaced to equal value if item is no longer in stock, when manifests are given. The Department Stores shall and will not be held liable for any dissatisfaction with respect to the sale or quality of Merchandise. The Customer will be held responsible for transportation costs from the distribution center(s) and/or warehouse(s). All claims and/or shortages must also be submitted directly to the freight carrier. For Export Customers, Customer is Responsible for all duties and taxes. Limitation of Liability. The Company will not be liable for any consequential damages, loss of profit, interruption of business, or any other special or incidental damages suffered by the Customer. This agreement shall be governed by the laws of the state of New York. The parties to this contract agree that if there is litigation arising out of or from this agreement, the sole and exclusive venue shall be in the state and federal courts located in Kings County, in New York. If the Company takes any action to enforce this Agreement, whether in court or otherwise, it shall be entitled to recover from the Customer its reasonable attorney’s fees, costs, and expenses Faxing your signature is legally binding as would an original. Trademarks |