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.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of DepartmentStoreLiquidations.com. The collective work includes works that are licensed to DepartmentStoreLiquidations.com. Copyright 2003, DepartmentStoreLiquidations.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with DepartmentStoreLiquidations.com or purchasing DepartmentStoreLiquidations.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with DepartmentStoreLiquidations.com or to purchase DepartmentStoreLiquidations.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by DepartmentStoreLiquidations.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
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.
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.
All trademarks, service marks and trade names of DepartmentStoreLiquidations.com used in the site are trademarks or registered trademarks of DepartmentStoreLiquidations.com
If an order is placed and then cancelled before confirmation paperwork is signed and received but the customers credit card is authorized, a full refund will be applied minus a 2% refund transaction fee.
Once a customer faxes or emails back the signed paperwork confirming the transaction, no cancellations will be accepted, and the sale is considered final.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, DepartmentStoreLiquidations.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. DepartmentStoreLiquidations.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. DepartmentStoreLiquidations.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
DepartmentStoreLiquidations.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if DepartmentStoreLiquidations.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a DepartmentStoreLiquidations.com product is mistakenly listed at an incorrect price, DepartmentStoreLiquidations.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. DepartmentStoreLiquidations.com reserves 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 cancelled, DepartmentStoreLiquidations.com shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by DepartmentStoreLiquidations.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
DepartmentStoreLiquidations.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to DepartmentStoreLiquidations.com.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of DepartmentStoreLiquidations.com products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of DepartmentStoreLiquidations.com products) must be commenced within one (1) year after the claim or cause of action arises. DepartmentStoreLiquidations.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. DepartmentStoreLiquidations.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a DepartmentStoreLiquidations.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
DepartmentStoreLiquidations.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, DepartmentStoreLiquidations.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, DepartmentStoreLiquidations.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to DepartmentStoreLiquidations.com in its sole discretion.
You agree to indemnify, defend, and hold harmless DepartmentStoreLiquidations.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, DepartmentStoreLiquidations.com may link to sites operated by third parties. However, even if the third party is affiliated with DepartmentStoreLiquidations.com, DepartmentStoreLiquidations.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of DepartmentStoreLiquidations.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, DepartmentStoreLiquidations.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).