THESE TERMS OF SALE ("TERMS OF SALE") GOVERN YOUR PURCHASE OF ANY PRODUCT OFFERED BY CALIFORNIA STAGE & LIGHTING, INC. ON WWW.CALSTAGE.COM. PLEASE READ THESE TERMS OF SALE CAREFULLY. THEY CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
BY PLACING AN ORDER, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED AND HAVE AGREED TO BE BOUND BY THESE TERMS OF SALE, WITHOUT LIMITATION OR QUALIFICATIONS. THESE TERMS OF SALE ARE SUBJECT TO MODIFICATION WITHOUT PRIOR WRITTEN NOTICE AND AT ANY TIME AT CAL STAGE'S SOLE DISCRETION.
Purchaser Requirements: The Cal
Stage shop is only open to purchasers from the continental U.S. who are at
least 18 years of age as of the date of purchase of any product from Cal
Stage. The Cal Stage shop contains no adult content, but you must be
18 years of age to purchase. Student representatives or other underage
buyers must have an adult make the purchase.
Products: Calstage.com may discontinue any product at any time without notice. The product prices displayed on this Site may not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price.
Price or Other Errors: We cannot be held responsible for typographical or pictorial errors and make every possible effort to avoid them. We reserve the right to change or correct prices or substitute products and manufacturers. Item picture may be a representative item only! Specifications and descriptions subject to change without notice. Our goal is a 100% error-free Site. If product price errors are discovered, they are promptly corrected on our systems, and the corrected price will apply. We will notify you if your order includes items that were incorrectly
priced, and give you the option to cancel any item incorrectly priced with
no penalty.
Orders: Orders are not binding upon www.calstage.com until accepted. Calstage.com reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer.
Also see #1, above. Verification of information or eligibility may be required prior to the acceptance of any order.
Inspection: Buyer shall inspect the product(s) at delivery and shall notify calstage.com of any defects or discrepancies in the product(s) as delivered within 48 hours of delivery. Absent such notification, Buyer shall be deemed to have accepted the product(s) as delivered.
Payment: Payment can be made with
Visa, MasterCard, American Express and Discover credit cards. Your credit
card will be charged once your order is processed for delivery. Calstage.com
also accepts mail in orders made via this website; you are given the option
to print out your order, and to fax or mail it to us, along with your
payment method of choice; i.e. check enclosed with your mail in order, or a
Credit Card Authorization Form with your mail or faxed in order.
Sales Tax: You are responsible for the payment of any state and local sales or use taxes that may apply to your order. The sales tax is calculated based on the full invoice price, and may include charges for shipping and handling if required by law. By law,
Calstage.com must collect sales tax for orders SHIPPED to the state of California, or picked up
("will called") at our location. At this time, the default tax
rate on Calstage.com is 8.25%, which is the maximum tax charged by any
California county. The actual tax rate charged at time of sale may
vary from this; Calstage.com will charge the appropriate rate for your
Shipping Address as supplied on your order. You will receive a
corrected copy of your paid invoice. Calstage.com reserves the right to collect sales tax for sales in other states, or to waive that right, depending on currently applicable
law as interpreted by Cal Stage, or as otherwise required.
Shipping: If you order by 11 a.m., Pacific time on a business day (M-F), the in-stock items ordered will generally be shipped that day via UPS ground transportation to most locations.
Large or orders requiring optional features may require an additional day
for processing. Other shipping services may include Next Day, 2nd Day or 3 Day select. All orders are shipped according to the method you have selected, unless the method you select is not possible with the product you have ordered, in which case you will be contacted.
Holiday schedules may interfere with normal procedures. Check our main site's front page if you are unsure if Cal Stage is open. In the event only some of the product is in stock at the time an order is placed, the available product will be
held until your order is complete, then the entire order will ship via your selected service.
While calstage.com will make every reasonable effort to ship your orders within these time frames, calstage.com is not responsible or liable for any delay in receiving or completing your order that is caused by an event beyond our control. Such events may include, but are not limited to, fire, flood,
or other weather related occurrences, accident, strike, riot, civil commotion, act of God, war or other hostilities, acts or omissions of carriers, transmitters, phone companies, Internet Service Providers or Internet backbone providers or a failure, interruption or delay of the server or this Site caused by an event outside our direct control, including without limitation, power outages or attacks on this Site such as by persons known as "hackers."
Other Terms Regarding Back Orders:
When products are back-ordered the following will apply:
A. If the back ordered product is scheduled to reach Cal Stage's warehouse within five (5)
business days, your order will be on hold in order to complete your shipment.
B. If a back ordered product will be out-of-stock more than 5 business days or has been
discontinued, our sales representative will inform and contact you about this
matter. You will have the opportunity to cancel your backordered,
non-shipped items with no penalty.
International Shipments: Currently, calstage.com can only ship your order to addresses within the continental United States. For customers seeking to have goods delivered to all other countries, calstage.com requires the use of a U.S.-based "Freight Forwarder" of your choosing and full credit card or bank transfer payment in advance. Title and risk of loss of the products pass to you (the paying customer) upon delivery at the "Freight Forwarder." Additional requirements may also apply to purchases of this type. See also
#1 and #4, above. Many other limitations or requirements may be placed
on such orders, if they are accepted by calstage.com at all.
Shipping & Handling Charges: All orders incur shipping charges unless they are will-called here at Cal Stage. Shipping estimates are provided as a part of the sales process, and they are generally highly reliable. In case of back ordered products, shipping totals may be greater than that for a single shipment, but only one handling charge will be applied. The handling charge is charged on a per-order basis, and is currently $5.00 USD. Additional S&H charges will apply to orders shipped outside the 48 contiguous states. In the event only some of the product is in stock at the time an order is placed, the available product will be shipped via your delivery selection and the backorder will ship via Ground service when stock is available. S&H charges along with any charged Freight are non-refundable in all occurrences where calstage.com has made no error in merchandising or shipping.
Warranties: All goods supplied by us are manufactured by others. Accordingly, we pass on to you the benefit of the warranty, if any, given by the manufacturer of the goods. Our liability under this Clause shall be in lieu of any warranty or condition implied by law as to the quality or fitness for any particular purpose of the goods, and we shall not be under any liability, whether in contract, tort or otherwise, in respect of any defects in goods delivered or for any injury, damage or loss resulting from such defects or from anything done or omitted in connection with the goods or from any work done in connection therewith. Buyer shall bear all responsibility for shipping charges and risk of loss or damage during transit to Seller. Please call or e-mail us to obtain a Returned Goods Authorization (RGA) before returning any product. Product returned without an RGA number attached to the box will be refused on delivery and returned to you at your cost. Some products will need to be returned to the manufacturer; contacting Cal Stage will insure that your warranty issue is quickly resolved. Products which have been subjected to abuse, misuse, alteration, neglect or unauthorized repair or installation, as determined solely by calstage.com, or the manufacturer, are not covered by this warranty. Any alterations, additions, improvements or attachments to the product(s) not authorized in writing by calstage.com shall be deemed to be a waiver of this warranty by Buyer and shall render this warranty null and void. Calstage.com/Product Manufacturer shall return repaired or replaced product(s) to Buyer, at their expense, via regular ground service.
THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED. CALSTAGE.COM MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY. IN NO EVENT SHALL SELLER BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFITS OR BUSINESS OPPORTUNITIES, AND IN NO EVENT SHALL SELLER'S LIABILITY EXCEED THE PURCHASE PRICE OF THE
PRODUCT(S).
Return & Restocking Policy: Calstage.com stands behind its products and will issue a refund, replacement or credit if you are not satisfied with your purchase and notify us within 14 days of receipt of product. A Restocking Charge of 20% will apply to all items returned where calstage.com has made no error in merchandising or shipping. Refunds will be made by original method of payment excluding (S&H) charges which are non refundable. All returns must arrive in its original packaging and all freight charges for the return of goods are to be paid by the customer. Please call or e-mail us to obtain a Returned Goods Authorization (RGA) before returning any product. Orders returned without an RGA number attached to the box will be refused on delivery and returned to you at your cost.
Damaged or Incorrect Shipments: Calstage.com will replace the order free of any applicable shipping costs if we made an error with your order. Please note any obvious damage or shortage while applying your signature at the time of delivery and make all claims for replacement or credit within 14 days of delivery. To return any mistaken or damaged item, please E-mail us to obtain a Returned Goods Authorization (RGA). For damaged orders, keep the original box and all packaging materials for possible inspection by the carrier. Calstage.com may at any time limit the number of delivery attempts based on unfavorable delivery history resulting from, but not limited to, damage, loss, or theft.
Limitation of Liability: TO THE MAXIMUM EXTENT ALLOWED BY LAW, CALSTAGE.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES (INCLUDING LOST OR ANTICIPATED REVENUES OR PROFITS RELATING TO THE SAME), ARISING FROM ANY CLAIM RELATING TO THESE TERMS OF SALE, THIS SITE, THE CATALOG, PRODUCT (S) OR ORDER (S), WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF CALSTAGE.COM EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE ORDER OR PRODUCT OUT OF WHICH LIABILITY AROSE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Severability: If any provision of these Terms of Sale are held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such provision shall be deemed severed from these Terms of Sale and the validity of the remainder of these Terms of Sale shall not be affected thereby.
Governing Law: These Terms of Sale shall be governed by and construed in accordance with the laws of the State of California, applicable to contracts made and to be enforced wholly within the State of California.
Jurisdictions and Venue: You and Calstage.com (collectively the "Parties;" individually a "Party") irrevocably agree that any legal action, suit or proceeding brought by it in any way arising out of these Terms of Sale must be brought solely and exclusively in the federal or state courts adjudicated in the State of California, within Orange County, and irrevocably accept and submits to the sole and exclusive jurisdiction of the aforesaid courts in person, generally and unconditionally with respect to any action, suit or proceeding brought by it or against it by the other Party.
Waivers and Amendments: The waiver by either Party of any provision of these Terms of Sale on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of these Terms of Sale on any other occasion or upon any other circumstances. These Terms of Sale may be waived or amended only in a writing signed by the Parties.
Copyright and Trademark Notice: This site is owned and operated by Cal Stage. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Cal Stage, Copyright
©1997-2005, ALL RIGHTS RESERVED. All audio and video clips are the sole property of Cal Stage or their respective content providers. All software used on the site is the sole property of Cal Stage or those supplying the software. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Cal Stage's prior written consent. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Cal Stage. All other trademarks or service marks are property of their respective owners. The use of any Cal Stage trademark or service mark without Cal Stage's express written consent is strictly prohibited.
Links: This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Cal Stage is not responsible for the operation of or content located on or through any such site.
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