Terms and Conditions
The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.
Use Of Site
In this document, the following words shall have the following meanings:
1. "Buyer" means the organization or person who buys Goods
2. "Goods" means the articles to be supplied to the Buyer by the Seller;
3. "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trademarks, know-how, and all other forms of intellectual property wherever in the world enforceable;
4. "Seller" means Bolero NY LLC.
These Terms and Conditions shall apply to 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 specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed to in writing by the Seller.
Bolero NY LLC is the sole owner of the information collected on this site. Bolero NY LLC has access to/collect only information that you voluntarily give to Bolero NY LLC via e-mail or other direct contact from you. Bolero NY LLC will not sell or rent this information to anyone. Bolero NY LLC will use your information to respond to you regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request (for example, to ship an order.
1. You may purchase merchandise from this Web site by using any one of the payment options listed in the link to Payment Options. Bolero NY LLC reserves the right to change its payment procedures at any time without prior notice to you.
2. The price shall be the Recommended Retail Price less agreed discount, unless otherwise agreed to in writing between the parties. The price is exclusive of sales tax or any other applicable costs.
3. Credit terms may be offered subject to satisfactory credit vetting of the Buyer by the Seller. The offer of credit will be at the sole discretion of the Seller.
4. In cases in which credit is offered, payment of the price and all taxes and any other applicable costs shall be due within 30 days of the date of the invoice supplied by the Seller, unless otherwise agreed to in writing For sales in which credit is not offered, payment will be required before release of goods by the Seller.
5. The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 2 per cent per month.
6. If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:
Require payment in advance of delivery in relation to any Goods not previously delivered;
Refuse to make delivery of any undelivered Goods without incurring any liability whatsoever to the Buyer for non-delivery or any delay in delivery;
Any description given or applied to the Goods is given by way of identification only, and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
In cases in which a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is representative in nature and the bulk of the order may differ slightly as a result of the manufacturing process.
Shipping & Delivery
1. Bolero NY LLC ships merchandise only to locations within
the United States and U.S. territories, including Alaska, Hawaii,
Puerto Rico, Guam, and the US Virgin Islands. Bolero NY LLC
does not ship merchandise to Canada, Mexico, or any other
international locations. The risk of loss and title for all merchandise
ordered on this Website pass to you when the merchandise is delivered
to the shipping carrier. Bolero NY LLC uses USPS, UPS, and FedEx
to ship merchandise.
Bolero NY LLC reserves the right to change the shipping
carrier on any order as it sees fit without any prior notice.
Any automated shipping estimates shown at checkout, are only estimates
and we are not responsible for any delays that happen once we give the
shipment off to the carrier.
Bolero NY LLC does not offer any type of expedited shipping.
If you do not receive your order within 14 days, one of the products
you ordered may be out of stock. Please allow 3 to 4 weeks or call
Bolero at (530) 426-5376 for the status of your order.
Please note: We Do Not Ship on Saturdays and Sundays.
*Allow 3 to 4 business days for processing orders. Orders placed on
Friday and Weekends will be processed the next Monday.
*If orders are placed around a holiday, please allow 3 to 5 days for
processing. Orders placed on Friday around a Holiday will be
shipped on the business weekday.
*If you are ordering within 2 days before or during a live event that
Bolero NY LLC is attending, the arrival of your order may take 2 to 3
days longer than expected. Please visit our Events Page for live
events that our company will be at.
Bolero NY LLC is not responsible for packages delayed, lost, or damaged by the United States Postal Service. Please contact your local United States Post Office with tracking number information.
2. Unless otherwise agreed to in writing, delivery of the Goods shall take place at the address specified by the Buyer on or as close as possible to the date required by the Buyer. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
3. If the Seller is unable to deliver the Goods because of actions or
circumstances under the control of the Buyer, then the Seller shall
be entitled to place the Goods in storage until such times as delivery
maybe affected, and the Buyer shall be liable for any expense associated with such storage.
4. Any damages, shortages, over deliveries, and duplicated orders should be reported to the Seller within 14 days of signed receipt to enable replacement or refund.
Risk in the Goods shall pass to the Buyer when the merchandise is delivered to the shipping carrier. In cases in which the Buyer itself chooses to collect the Goods, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.
Title in the Goods shall not pass to the Buyer until the Seller has been paid in full
for the Goods.
Please make sure your home/street address/apartment number/condominium number and zip code are included in your order. If the following information is not provided with
your order, it will be sent back to us for having an undeliverable address. We do not take responsibility for undelivered mail due to missing information on the part of the buyer. A fee for re-shipping will be applied to the buyer.
A fee will also be applied to the buyer if they decide to cancel the order due to time of shipping caused by the missing information not provided by the buyer.
All goods are sold on a firm sale basis (that is, the Seller will not take back any goods not required or sold by the Buyer, unless otherwise agreed, in which case the following terms apply).
Any returns must be authorized by a representative of the Seller before any credit will be given.
In cases in which the Seller agrees to accept the return of goods that are not damaged, the Buyer will be responsible for the cost of carriage and will ensure that they are carefully packaged to avoid any damage in transit. The Seller will not be obliged to accept any goods that are damaged in any way. The Seller will accept only returns that appear in the Seller's current Publication List.
If a product return is approved by a representative of Bolero NY LLC, the customer must pay for the return shipping. Once the return order has been delivered to Bolero NY LLC unopened, without damage and containing a full box of sachets or sticks, a check for the refund amount will then be sent to the customer.
Credit of amounts due or paid in will be given only for goods that are in saleable condition.
Bolero NY LLC does not give refunds or exchanges. All sales are final.
LIMITATION OF LIABILITY
1. The Seller shall not be liable for any all loss or damage suffered by the Buyer in excess of the contract price.
2. Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller's negligence or that of its employees or agents.
All intellectual-property rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire, breakdown of plant or machinery, or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time that the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
RELATIONSHIP OF PARTIES
Nothing contained 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 construe either of the parties as the agent of the other.
ASSIGNMENT AND SUB-CONTRACTING The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, and the performance of any obligation shall not be sub-contracted, in either case by the Buyer, without the prior written consent of the Seller. WAIVER The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement. SEVERABILITY If any term or provision of these Terms and Conditions is held invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed, and the remainder of the provisions hereof shall continue in full force and effect as though these Terms and Conditions had been agreed to with the invalid, illegal, or unenforceable provision eliminated. GOVERNING LAW AND JURISDICTION This Agreement shall be governed by and construed in accordance with the laws of the State of New York, and the parties hereby submit to the exclusive jurisdiction of the courts of the State of New York.
This shall constitute the entire agreement between the parties and no other oral representations or agreements shall be binding upon either party. Any changes to these terms must be in writing to be binding upon either part
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