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Terms and Conditions
Your use of the PierMall.com web site (the �Site�) is governed by the policies, terms, and conditions set forth below. Please read the
following information carefully. By using this Site or submitting an order for products or services, you indicate your acceptance of, and
agreement to be bound by, the terms and conditions set forth below. If you do not agree to these terms and conditions, please do not use this
Site and please do not submit any orders for products or services. The terms and conditions posted on this website, including the RMA policy,
are public information and must be adhered to by anyone doing business with PierMall.com unless there is a written contract signed by an
officer of PierMall.com. These terms and conditions may be changed by Pier Mall in the future. It is your responsibility as a user to
periodically return to this page to review the terms and conditions for amendments. The amended terms shall take effect automatically the day
they are posted on the site. Your continued use of the PierMall.com web site following any amendments will constitute
agreement to such amendments.
GENERAL TERMS AND CONDITIONS
1. The Site is updated periodically. We do our best to keep the information on the website as accurate as possible. Customers will agree that we are not
liable for mismatched product pictures nor mistakes in product information. PierMall.com will only guarantee that we ship the product named on the invoice.
2. Customers shall agree that each item in a multi-item purchase from PierMall.com shall be treated independently unless stated
otherwise in the comment section of their order. That is, defect, replacement, and cancellation of one item does not constitute the
voiding of the entire purchase. Each item shall be considered independently for warranty or refund purposes.
3. Customers shall agree that under absolutely no circumstances will shipping be refunded once we ship.
4. It is the customer's responsibility to look over their email confirmation and make sure all shipping, billing and item purchased are
correct. If you do not get an email confirmation, contact us via email to see if the order went through. Do not submit multiple orders!
5. Order cancellation will be accepted via email only before the order is processed. You can confirm order cancellation by checking the order
status online. Cancellation on orders already charged carry a $5 + 5% credit card processing handling fee. Shipped orders cannot be canceled
under any circumstances.
6. Material fee for boxes, transportation, etc. are included in the shipping fee with the exception of shipping insurance and calculated on
per shipment basis.
7. Customers shall agree that PierMall.com will not liable for shipper's shipping delays. In such cases, customers may petition for a
shipping rate adjustment if packages do not arrive within the shipping company's promised timeframe but in no way is PierMall.com
required to do so.
PRIVACY
Please review our Privacy Statement, which also governs your visit to the Site, to understand our practices.
FRAUD
PierMall.com actively reports and prosecutes actual and suspected credit card fraud.
We may require further authorization from you such as a telephone confirmation of your order and/or other information. Our decision to
require further authorization is at our discretion. PierMall.com reserves the right to cancel, delay, refuse to ship, or recall from the
shipper any order if fraud is suspected.
PierMall.com captures certain information during the order process, including time, date, IP address, and other information that
will be used to locate and identify individuals committing fraud. If any PierMall.com order is suspected to be fraudulent, all records
will be submitted with or without a subpoena to all law enforcement agencies and to the credit card company for fraud investigation.
PierMall will cooperate with authorities to prosecute offenders to the full extent of the law.
YOUR ACCOUNT
If you use the Site, you are responsible for maintaining the confidentiality of My Account and password and for restricting access to your computer,
and you agree to accept responsibility for all activities that occur under My Account or password. We reserve the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in our sole discretion.
The Federal Trade Commission warns users to be suspicious of any official-looking e-mail message that asks for updates on personal or
financial information. Always log into your My Account to update your information. If you need to contact us, please go to
PierMall.com/contact
TERMINATION OF USAGE
We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion,
believe is in violation of any applicable law or is harmful to the interests of another user, customer, a third-party Provider, Merchant,
or PierMall.com. In addition, we reserve the right to refuse an order from any customer at our sole discretion. In the event that you
are unsatisfied with the services provided by PierMall.com, your sole remedy is to terminate your use of the Site.
PRODUCT ORDER POLICY
While we will use our best efforts to fulfill all orders, PierMall.com cannot guarantee the availability of any particular product displayed on this Site.
PierMall.com reserves the right at any time after receipt of your order to accept or decline your order for any reason. PierMall.com
further reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you
ordered of any item. PierMall.com has the right to discontinue the sale of any product listed on this Site at any time without notice.
The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do
not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the
payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.
TYPOGRAPHICAL ERRORS
Although we do our best to achieve 100% accuracy, occasionally errors & inaccuracies do occur. 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, PierMall.com
shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. PierMall.com 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, PierMall.com shall immediately issue a credit to your
credit card account in the amount of the charge.
RISK OF LOSS
The items purchased from our Site are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to
you upon our delivery to the carrier.
RETURN POLICY
All sales made through the PierMall.com Web site are subject to PierMall.com's return policy. For a complete explanation of the return policy,
please see Returns Policy section.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
The products offered for sale on PierMall.com and the transactions conducted upon and through it are provided to you on an "AS IS" basis.
PierMall.com, or the like (collectively, "Associates") warrant that use of the Site will be uninterrupted or error-free.
PierMall.com does not warrant the accuracy, integrity, or completeness of the Content provided on the Site or the products or
services offered for sale on the Site. Further, we make no representation that Content provided on the Site is applicable or
appropriate for use in locations outside of the United States. PierMall.com specifically disclaims warranties of any kind, either
expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular
purpose, non-infringement, title, quiet enjoyment, data accuracy and systems integration. PierMall.com may include inaccuracies,
mistakes or typographical errors. No oral advice or written information given by PierMall.com shall create a warranty. You expressly agree
that the use of the Site is at your sole risk.
Under no circumstances shall PierMall.com be liable for any direct, indirect, incidental, special, or consequential damages that
result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site,
or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or
transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or
unauthorized access to PierMall.com records, programs or services. The foregoing limitation of liability shall apply whether in an action
of contract, negligence, or other tortuous action, even if an authorized representative of PierMall.com has been advised of or
should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise
and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or
incidental damages, in such states liability is limited to the fullest extent permitted by law.
ONLINE CONDUCT
You agree to use PierMall.com only for lawful purposes. You are prohibited from posting on or transmitting through PierMall.com any unlawful,
harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise
objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. If we are
notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an online review),
PierMall.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such
Content from the Site. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or
government request; (ii) if such disclosure is necessary or appropriate to operate PierMall.com; or (iii) to protect the rights or
property of PierMall.com, its suppliers, and you.
APPLICABLE LAW
By visiting the Site, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and Conditions
and any dispute of any sort that might arise between you and the Site. PierMall.com is operated within the United States.
PierMall.com makes no representations that content and materials on the Site are legal or appropriate for use from outside the United
States. If you choose to access the Site from other locations, you do so at your own risk and are responsible for compliance with any and all
local laws. You may not use the Site in violation of U.S. export laws and regulations.
LINKS TO OTHER SITES
PierMall.com may contain links to other sites that are owned and operated by other parties. PierMall.com is not responsible for the operation of or
content located on any such other site. Links to other sites do not necessarily imply any endorsement or affiliation between this Site and the link targets.
COPYRIGHT AND TRADEMARKS
Except as otherwise indicated, this site and its entire contents (collectively, the "Materials"), including, but not limited to, the text, information,
material, and graphics contained on this site, are either owned or licensed by PierMall.com. The Materials are protected by copyright, trademark and other intellectual property laws and treaties. PierMall.com makes no proprietary claim to any third party names, trademarks or service marks appearing on this site.
Any third party names, trademarks, and service marks are the properties of their respective owners. Except as provided in the next sentence, the
Materials may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without
PierMall.com's prior written permission. You are hereby authorized to view, copy, and print the Materials for your personal,
informational, non-commercial, internal use only. Any copy of the Materials or portion thereof must include the copyright notice.
All your contributions, including, but not limited to, information, ideas, suggestions or other communications you transmit to
PierMall.com will be on a non-confidential basis. You expressly grant PierMall.com the right to use in any way, copy, republish or
sell your message or other contribution as part of its property. PierMall.com reserves the right to change, update, discontinue,
restrict, or prevent access to this site or the Materials at any time without notice.
DISPUTE RESOLUTION
Any dispute arising with respect to this Agreement shall be resolved by negotiation between the parties or, if necessary, by resort to an appropriate
federal or state court located in New York, New York.
TERMS OF USE REVISIONS
PierMall.com may revise these terms of use by updating this posting. You agree that in the event any portion of these Site terms of use is found to be
unenforceable, the remainder of these Site terms and conditions shall remain in full force and effect. By using this Site you agree to be
bound by any such revisions and should therefore periodically visit this page to determine the then current terms of use to which you are bound.
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