GENERAL TERMS AND CONDITIONS
In these Conditions the following words shall have the following meanings:
- “Buyer” means the entity, organization or person who buys the Goods;
- “Goods” means the articles to be supplied to the Buyer by the Seller;
- “Seller” means Faith in Action Bookstore (c/o First Baptist Church of Lincoln Gardens, 727 Franklin Blvd., Suite 3, Somerset, NJ 08873, USA, herein “FIA Bookstore”.
2. GENERAL PROVISIONS
2.1. These Terms constitute a binding contract between Seller and Buyer. Buyer acknowledges agreement and acceptance of these Terms by making a purchase, placing an order, or otherwise shopping on our Website (the “Site”).
2.2. These Terms and Conditions shall apply to all sales of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the Parties, including any standard or printed terms tendered by the Buyer, unless the Buyer and the Seller have signed a written agreement which
3. ACCEPTANCE OF CHANGE
All orders are subject to review and acceptance by Seller. As all prices are subject to change, your order may not be accepted or we may have to communicate price changes or availability issues to you after you place your order.
4. ORDER ACCEPTANCE POLICY
4.1 Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.
4.2 Seller reserves the right at any time after receipt of your order to accept or decline your order for any reason. Seller reserves the right at any time after receipt of your order, to supply less than the quantity you ordered of any item. All orders placed over $1000.00 (USD) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.
5. TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Seller shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Seller shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Seller shall immediately issue a credit to your credit card account in the amount of the charge.
6. RETURN POLICY AND 30-DAY LIMITED GUARANTEE
Every product you buy from Seller is backed first by the product manufacturer's or supplier’s warranty. Seller’s 30-day limited guarantee may also apply. Seller’s 30-day limited guarantee provides for either exchange or refund of qualifying merchandise. To determine if the product you wish to purchase qualifies for Seller’s 30-day limited guarantee or if other coverage applies, please review the coverage terms in the item listing on our website.
6.1 Personalized or consumables and some other categories of products that do not qualify for Seller 30-day limited guarantee have less extensive returns privileges and may be supported exclusively through the manufacturer’s or supplier’s warranty. Please check the item listing for specific details regarding individual products coverage. Terms and conditions may vary by manufacturer, supplier or product. Seller will assist customers whenever possible in gaining satisfaction with product manufacturers and suppliers.
6.2 All returned products must be in new condition, include original outer packaging, all disks, registration cards, inner packing materials and other accessories and be received within 30 days of the date shipped. We reserve the right to refuse for return or charge a restocking fee for damaged, incomplete or otherwise non-conforming returns. Returns will not be accepted without a Return Authorization number issued by Seller or when the product manufactures or distributors return policies supersede ours.
6.3 This is a summary only. You can review our complete Return Policy and Procedures in our help center. You can also review warranty coverage and returns privileges for any specific product in that item’s listing on our website.
7. REGARDING BUNDLES
Bundled items are included while supplies last. Items of similar or greater value may be substituted.
8. WARRANTY LIMITATIONS
There are no other express warranties or conditions respecting the equipment. Implied warranties, if any, are limited to the duration of the express warranty provided herein. Some states do not allow limitations on how long an implied warranty lasts so that the foregoing limitation may not apply to you.
9. LIMITATION OF LIABILITY
In no event shall Seller or any of its subsidiaries or affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
10. PROCESSING TIME
10.1 Your order is thoroughly reviewed by our Customer Service Professionals to ensure that the order is accurate, the payment method is valid, and you are authorized to use this payment method. Once your order has passed the rigorous review for accuracy, it is sent to our warehouse for shipment.
10.2 We do not charge your credit or debit card until your order is shipped, however we do attempt to get an authorization on your card, for the amount of your order, at the time your order is placed. This authorization is not a charge but still may utilize a portion of your credit limit or available funds making those funds or portion of your credit limit unavailable for other use. In the unlikely event that your order is delayed or canceled the authorization will expire and your credit limit or available funds will again become available for use. The amount of time it takes for an authorization to expire is dependent on the policies of the bank that issued your card and ranges from 1 to 7 business days.
10.3 Please note, credit card processing can take up to 3 business days (depending on the accuracy of the information given to us by the customer).
10.4 If the item(s) on your order are in-stock, we will ship them as soon as possible from our inventory or from our Distribution Center. If the item(s) on your order are out of stock, they will not be shipped until we have received and processed the back-ordered inventory in our warehouse.
11. TOTAL TIME FOR DELIVERY
Total time is based on the amount of time it takes to get payment authorization, order processing, and the transit time from the carrier. This can range from 24 hours to 10 days for in-stock items.
12. SHIPPING AND HANDLING
12.1 Shipping charges will be applied to all orders placed with us. If your order must be shipped in multiple boxes, or in separate shipments in the event an item is not in stock and must ship at a later date, shipping and handling charges for the entire order will be assessed at the point when the first item is shipped. We charge only ONCE for shipping for the entire order. Should you have any questions or concerns regarding these charges, feel free to email us.
12.2 UPS Ground: 3 - 8 Business Days
UPS Second Day: 2 Business Days
UPS Next Day Air: 1 Business Day
13. CREDIT / DEBIT CARD AUTHORIZATIONS
An authorization on a credit or debit card is a hold against your banks credit card spending limit. When the goods are shipped, a charge for the total amount of the order shipped will be sent to your credit card bank. Your bank should release the authorization when the charge is received. A charge is the only time a transfer of funds is completed; an authorization is not a transfer of funds.
14. RISK OF LOSS
If the Customer provides Seller with Customer's carrier account number or selects a carrier other than a carrier that regularly ships for Seller, title to products and risk of loss or damage during shipment passes from Seller to Customer upon shipment from Seller facility. For all other shipments, title to products and risk of loss or damage during shipment passes from Seller to Customer upon receipt by Customer. Notwithstanding the foregoing, title to software will remain with the applicable licensor(s) and Customer's rights therein are contained in the license agreement between such licensor(s) and Customer. Seller retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.
15. DISPUTE RESOLUTION
15.1 AGREEMENT TO RESOLVE ALL DISPUTES THROUGH ARBITRATION OR IN SMALL CLAIMS COURT AND AGREEMENT TO WAIVE A RIGHT TO JURY TRIAL AND TO PARTICIPATION IN CLASS ACTIONS
15.2 You and Seller agree to resolve any controversy, dispute, or claim arising out of or relating to your purchase of any product or service from Seller by binding Arbitration administered by the American Arbitration Association, or in a small claims court, and judgment on the arbitration award rendered by the Arbitrator(s) may be entered in a court having competent jurisdiction. This agreement to arbitrate is intended to be broadly interpreted and covers all controversies, disputes, claims arising out or relating to your purchase including, but not limited to contract claims, tort claims and statutory claims, or any combination of claims. We agree that the arbitration or small claim proceeding will take place in "ABC city, state”.
15.3 We agree that the American Arbitration Association shall administer the arbitration, and that the American Arbitration Association's Commercial Arbitration Rules and Mediation Procedures and Consumer Related Disputes Supplementary Procedures, if applicable, shall apply. These Arbitration Rules may be found on the American Arbitration Association's web site at www.adr.org. You and Seller agree that the Arbitration Award maybe taken to a Court of competent jurisdiction to become an enforceable judgment. You and Seller agree that any arbitration under this Agreement will take place on an individual basis. Class arbitrations and class actions are not permitted. If you wish to begin arbitration against Seller you must file a case with the American Arbitration Association. .
15.4 This Arbitration Agreement affects your legal rights. Arbitration is resolved by a neutral party and not a judge or jury. There is less discovery and less exchange of information between the parties to an arbitration than might occur in a court proceeding. An arbitration award is final and binding and will only be overturned or reversed by a court in very limited circumstances. You agree that, by entering into this Agreement, you and Seller are each waiving the right to a trial by jury or to participate in a class action.
16.1. The Buyer and the Seller both acknowledge that, as a result of the Sale of Goods, each Party may be provided with and obtain access to confidential information belonging to the other Party.
16.2. Any Confidential Information shall be kept strictly secret and confidential and the Parties shall undertake the following obligations with respect thereto: (a) to use the Confidential Information only for the purposes of fulfilling their obligations under the Sales Agreement; (b) not to disclose the Confidential Information or to make it available to others without the prior written permission of the other party and (c) to limit dissemination of the Confidential Information only to those of the parties’ employees who have a need to know the Confidential Information in order that the parties may perform their obligations under the Sales Agreement.
16.3. For purposes of the Sale of the Goods, the term “Confidential Information” shall mean and refer to all reports, drawings, documents, technical, scientific, and commercial data, and any other information marked “confidential” related to negotiations, to the Sale and to the Goods supplied by one party to the other.
The headings in these Terms and Conditions are included for convenience of reference only and shall not in any way limit or otherwise affect the meaning or interpretation of the provisions herein.
Faith in Action Bookstore c/o First Baptist Church of Lincoln Gardens, 727 Franklin Blvd, Somerset, NJ 08873, USA / e-mail address: [email protected]