Terms of Sale
- These terms and conditions apply to all supplies of goods by Billiard City LLC ordered via the website billiard.city (the Site) or by telephone or email. In the event of any inconsistency between these conditions and any other terms and conditions including (but not limited to) those in any purchase order, these terms shall prevail. The placing of an order (including telephone or orders by email) with Billiard City LLC shall constitute implicit acceptance of these terms and conditions of sale.
- The order process on this Site allows purchasers to check and amend any errors before submitting an order to Billiard City LLC. After an order is placed, the Buyer will receive an e-mail acknowledging that the order has been received. However, please note that this does not mean that the order has been accepted. Billiard City LLC will confirm acceptance of an order by sending an e-mail that confirms that the order has been accepted and the contract between Billiard City LLC and the Buyer will only be formed when Billiard City LLC sends this email.
- Billiard City LLC may choose not to accept abnormal orders and orders which Billiard City LLC suspects are not placed in good faith.
- Billiard City LLC strives to provide the most accurate and up-to-date representations of its products on the Site and takes reasonable steps to ensure that pricing, product descriptions, promotions, offers, availability, and other aspects not enumerated are correct at the time the relevant information is entered into the system. However, occasionally, the Site may contain typographical errors, inaccuracies, or omissions that may relate to pricing, and other aspects of products. Billiard City LLC reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any product information is incorrect at any time without prior notice. This includes the right to cancel the Buyer’s order after it has been submitted if there are any inaccuracies on the Site. If this occurs, then Billiard City LLC will contact the Buyer, so that the Buyer is aware of the situation. If the Buyer has already paid for the goods, Billiard City LLC will refund the full amount (including any delivery costs charged) as soon as possible.
- Some orders cannot be processed due to erroneous information that the Buyer has provided, which includes, but is not limited to:
- Incorrect credit card or debit card number, expiration date, and/or security value.
- Other incorrect information regarding payment types.
- Incorrect billing information (e.g. when the Buyer provides billing information that is inconsistent with the billing information that the Buyer’s financial institution has on record).
- Insufficient or incorrect information regarding the Buyer’s shipping address (e.g. street address, city, state, zip or postal code, etc.).
- Suspected fraudulent information.
- The Buyer has the option to cancel the order at any stage by contacting Billiard City LLC’s customer service before the order confirmation email is sent to the Buyer.
- The images of the products and/or their packaging shown on the Site are for illustrative purposes only. Although Billiard City LLC has made every effort to display the colors accurately, it cannot guarantee that a device’s display of the colors accurately reflects the color of the products. The Buyer’s product and/or its packaging may vary slightly from those images.
- Billiard City LLC does not guarantee the availability of any product listed on the Site. Billiard City LLC reserves the right, without liability or earlier notice, to change, discontinue or stop making any product or to impose quantity limits on any order and to reject all or part of any order.
- Billiard City LLC shall not be held responsible for delay or failure to perform if the delay or failure is caused by any circumstances beyond its reasonable control including but not limited to acts of war or terror, strikes, national or local states of emergency, failure of transportation facilities, power or utility outages, earthquakes, or other natural disasters.
- Prices are subject to change without prior notification.
- Prices are based on U.S. dollars and are F.O.B. point of shipment. Prices do not include freight or delivery charges or taxes (sales, excise, use, ad valorem, etc.) or any export or import duties and customs brokerage fees for the importation of the products to its destination.
- The purchase price of a product may fluctuate with exchange rates if the Buyer is paying for the order with an international credit card. For international payments, foreign conversion charges and fees may be charged by the Buyer’s bank or credit card issuer. To get more information about these charges, the Buyer should contact his/her bank or credit card issuer.
- Billiard City LLC is under no obligation to provide the product to the Buyer at the incorrect (lower) price, even after an e-mail that confirms that the order has been accepted or a shipping confirmation email was sent to the email address the Buyer used to create his/her Account.
- When the Buyer places an order for any product through the Site, he/she authorizes Billiard City LLC (or its payment processor) to charge the credit card, debit card, or other payment method the Buyer has chosen for the total amount of the order, including any applicable taxes and other charges. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, the Buyer’s order may be suspended or cancelled.
- Billiard City LLC will use its reasonable endeavors to ensure that all of the information that is provided by the Buyer when paying for goods is secure using an encrypted secure payment mechanism but, in the absence of Billiard City LLC’s negligence, it will not be legally responsible for any loss that the Buyer may suffer if a third party gains unauthorized access to any information provided.
VI. Shipment, delivery and inspection
- The Buyer shall select the method and carrier for delivery of all products. Title and risk of loss or damage to the products shall pass from Billiard City LLC to the Buyer upon delivery to a carrier at point of shipment.
- Any shipment or delivery date stated by Billiard City LLC is approximate only and does not constitute any guarantee of shipment or delivery on any particular date.
- Time shall not be of the essence of this agreement.
- The Buyer agrees to pay any shipping and handling charges shown to him/her at the time he/she makes a purchase. These charges are subject to change at any time. The actual delivery of the Buyer’s order may be affected by events beyond Billiard City LLC’s control. Billiard City LLC is not liable for deliveries past its projected delivery date, but it will work with the Buyer in an effort to ensure a satisfactory delivery.
- Shipping time may vary according to availability. If Billiard City LLC’s supply of the products is delayed by an event outside its control then it will contact the Buyer as soon as possible to let the him/her know and it will take steps to minimize the effect of the delay. Provided Billiard City LLC does this, it will not be liable for delays caused by the event, but if there is a risk of substantial delay the Buyer may contact Billiard City LLC to end the contract and receive a refund for any products the Buyer has paid for but not received.
- The Buyer has the right to inspect the goods upon arrival. The Buyer’s inspection rights expire three (3) days after the arrival of the goods at the delivery destination. A failure to make inspection within that time waives notice of any defect that a reasonable inspection would have revealed. A rejection of the goods by the Buyer is not effective unless written notice of rejection is given to Billiard City LLC within three (3) days of delivery.
- Billiard City LLC shall not be liable for loss, damages, or non-performance resulting from force majeure, including but not limited to strikes, labor disturbances, material shortages, non-manufacturing conditions, delays or failures of carriers or communication, epidemics, fire flood, storms, accident, riot, acts of terrorism, war and invasion, governmental requisition or priorities, acts of God, or other causes beyond Billiard City LLC's reasonable control.
- In such event, the delivery date shall be extended for a period equal to the time lost by reason thereof, or Billiard City LLC at its option may cancel the delivery and refund any amounts paid by the Buyer, as the Buyer 's sole and exclusive remedy. Billiard City LLC shall undertake to notify the Buyer promptly of any significant delay and will specify the revised delivery date as soon as practical. IN NO EVENT SHALL BILLIARD CITY LLC BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES RISING OUT OF A DELAY IN, CANCELLATION OF, OR FAILURE TO DELIVER OR MANUFACTURE.
- Billiard City LLC will refund or exchange any unused products that are returned within 30 days of receipt. Products must be in original product packing and in new condition.
- The Buyer can ship the product(s) back via the preferred method, and Billiard City LLC recommends insuring the package. Billiard City LLC cannot be responsible for returns that are lost or misdirected in shipping and can only credit the Buyer for products received back in the warehouse.
- Exchanges will incur additional shipping charges.
- Products returned with obvious use may be subject to denial and sent back to the Buyer. If received damaged, products will be shipped back and subject to additional shipping costs. No refund will be processed for products in damaged, used or not in the original condition.
- Final Sale items cannot be returned for a refund.
- The Buyer will be responsible for paying for the shipping costs for returning the product(s)
- Once Billiard City LLC receives the product, it will be inspected and the Buyer will be notified about the receipt of the returned product. Billiard City LLC will immediately notify the Buyer on the status of the refund after inspecting the product.
- A refund will be issued after the Buyer’s return has been processed, which may take up to 5 business days after the return is received at Billiard City LLC’s warehouse. Once a refund has been issued, the Buyer will receive a confirmation email detailing the return and refund amounts.
- Refunds are issued to the Buyer’s original payment method or in the form of online credit. Refunds cannot be returned to alternate cards or different forms of payment.
IX. Intellectual property rights
- All of the content featured or displayed on the Site, including without limitation to text, graphics, images and illustrations, designs, and all and any registered trademark and trade name of Billiard City LLC used herein, are owned by Billiard City LLC and are protected by copyright, trademark, moral rights and other laws relating to intellectual property rights. The Buyer may not copy, reproduce, republish, furnish, create derivatives of, transmit, display, post, upload, modify, distribute or in any other way use or exploit Billiard City LLC’s trademarks or copyrights or other intellectual property rights, without our prior written consent.
- The Buyer expressly understands and acknowledges that Billiard City LLC’s trade name, registered trademarks, copyrights and any intellectual property shall all remain the exclusive property of Billiard City LLC or its affiliates, subsidiaries, agents etc.
X. Limitation of Liability
THE BUYER AGREES TO THE FOLLOWING LIMITATION OF LIABILITY: BILLIARD CITY LLC SHALL NOT BE LIABLE BEYOND THE REMEDIES SET FORTH HEREIN. BILLIARD CITY LLC 'S MAXIMUM LIABILITY SHALL NOT EXCEED THE TOTAL PRICE PAID FOR THE PRODUCTS ORDERED BY THE BUYER. IN NO EVENT SHALL BILLIARD CITY LLC BE LIABLE TO THE BUYER OR TO ANY THIRD PARTY FOR ANY CLAIM BY A THIRD PARTY OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BILLIARD CITY LLC SHALL NOT BE LIABLE FOR LOSS OF PRODUCT AVAILABILITY, LOSS OR CORRUPTION OF DATA. OR LOSS OF PROFITS OR BUSINESS. SOME STATES DO NOT ALLOW LIMITATIONS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH LIMITATIONS MAY NOT APPLY TO THE BUYER.
XI. International orders
Orders for sales to locations outside of the United States may be placed through the Site for certain specified countries, however, they cannot be completed online. After an international order has been placed, a customer service representative will contact the Buyer to finalize the transaction. If the Buyer’s country is not a specific country, he/she must place the order by contacting the customer service representative during regular business hours.
XII. Relationship of the Parties
Nothing in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to authorize or appoint either party as the agent of the other.
Neither Party shall assign its rights and/or obligations under these Terms and Conditions, without the prior written consent of the other Party hereto.XIV. Waiver
The failure by either party to enforce for any time or any period of time any, all or certain of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce and require compliance with the Terms and Conditions.
XV. Governing law and jurisdiction
- Enforcement and interpretation of the provisions hereof shall be governed by and construed in accordance with the laws of the State of Florida, without resort to its conflict of law rules.
- The Parties shall make reasonable efforts to settle in an amicable way through good faith discussions any dispute that might arise between or among them in connection with the Sale or the present Terms and Conditions.
- If an amicable resolution cannot be reached within a reasonable period of time, which in any case cannot exceed ninety (90) days, all disputes, differences, controversies or claims arising in connection with, or questions occurring under, this present Agreement, the Goods or any dealings between the Buyer and Billiard City LLC, shall be subject to the exclusive jurisdiction of the courts in Palm Beach County, Florida.
XVI. Waiver of jury trial
THE PARTIES HEREBY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING FROM OR RELATED TO THIS AGREEMENT, THE GOODS, OR ANY DEALINGS BETWEEN THE PARTIES, ARISING FROM OR RELATED TO ANY OF THE FOREGOING.
- The Buyer and Billiard City LLC 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.
- 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.
XVIII. Links to other web-sites
- The Site may contain links to third party web sites or services that are not owned or controlled by Billiard City LLC.
- Billiard City LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. Billiard City LLC does not warrant the offerings of any of these entities/individuals or their websites.
- The Buyer acknowledges and agrees that Billiard City LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
Billiard City LLC may terminate or suspend the Buyer’s account and access to the Site immediately, without prior notice or liability, under its sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.