Terms & Conditions
Terms & Conditions Agreement
This Terms and Conditions Agreement sets forth the standards of use of this online store. By using this website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on this website. Brandster Inc. reserves the right to cancel any order, for any reason, at any time. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Disclaimer of Warranties
The site is provided by Brandster, Inc. on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Brandster or its affiliates makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Brandster, Inc. shall have no liability for any interruptions in the use of this website. Brandster disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
2. Limitation of Liability
MALIBUOUTDOORFURNITURE.COM SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN BRANDSTER, INC. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF BRANDSTER, INC.HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Member agrees to indemnify and hold Brandster, Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
4. Modifications, Interruption, and Cancellation of Sale/Service
Brandster, Inc. reserves the right to cancel, modify, or discontinue any sale or service with or without notice to the buyer/customer. Brandster, Inc. shall not be liable to any buyer/customer or any third party should Brandster, Inc. exercises its right to cancel, modify, or discontinue the sale or service. Purchaser acknowledges and accepts that Brandster, Inc. does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
5. Third-Party Sites
6. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. Brandster, Inc. makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. Brandster, Inc. makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
7. Governing Jurisdiction of the Courts - Florida
8. Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
You, the buyer represent and warrant that if you are purchasing something from MalibuOutdoorFurniture.com that (1) any and all credit card information you supply is truthful, accurate and in it’s entirety, (2) charges incurred by you the buyer, will be honored by your bank, credit card company, or credit union and (3) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
10. Lowest Price Guarantee
“Lowest Price Guarantee” is only valid 60 days from date of original purchase. This guarantee is based on “exact merchandise” and cannot be applied or substituted for any other merchandise, deal, or discount. All advertised pricing MUST be summited to Brandster via email or US mail with competitors logo clearly indicated on price quote to be valid. Allow 6 to 8 weeks for reimbursement of any funds credited. Excludes: Going Out of Business Sales, Blow Out Sales, Close Out Sales, Liquidation Sales, Retirement Sales, Floor Sample Sales, Clearance Sales, Verbal Price Quotes, and Unadvertised Priced Sales.
11. Tax Policy
Brandster, Inc. does NOT charge tax for goods that are shipped out of the state of Florida. The customer is solely responsible for paying their appropriate sales tax for the state they live. Please refer to your state sales tax policies for more information.
12. Chargeback, Disputes & Warranty Policy
Purchases will appear on your credit/debit card statement as Brandster Inc. You agree not to file a credit card or debit card chargeback with regard to any purchase and instead abide by the dispute resolution procedures outlined below. Brandster Inc cannot be held accountable for manufacture product issues defects, and claims no responsibility for replacement of any product(s) that is under manufacture warranty. Customer should review manufactures warranty before purchasing and proceed with purchase at their own discretion. Customer agrees to not submit a dispute that would result in a chargeback while any warranty process is taking place. All funds should be held by Brandster Inc. for the entire warranty period is proceeding. In the event that you breach this agreement and file a chargeback, customer agrees to have the funds re-deposited back to Brandster Inc account until further notice.
Dispute Resolution Procedure
By purchasing from Brandster Inc. or a website owned and operated by Brandster Inc. you (the buyer) agree to abide by the following Dispute Resolution Procedure (DRP) in the case of any and all disputes resulting in a refund, credit, or chargeback.
- Contact Brandster Inc. immediately with dispute claim in writing.
- Provide supportive documentation to your dispute claim.
- Dispute claims cannot be made for product(s) covered under a valid manufactures warranty, or for products that is delivered in “Good Condition”. Customer must allow warranty claims process to commence before disputing order for chargeback.
- All monies are to be held by Brandster Inc. while dispute undergoes review.
- Please allow up to 160 Days for warranty process to take place.
13. P65 Warnings
Certain products listed in our catalog can expose you to chemicals which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to: www.p65Warnings.ca.gov