Our Terms and Conditions of Sale applies to all products and services we sell
1. TERMS OF PAYMENT - You (Purchaser) agree to be responsible for all products (Items) costs and all shipping charges for your Order, and any local, state or federal sales taxes that may be assessed. Currently by law, we only collect sales tax on shipments within the State Of Florida. Payment is due in full at time of order, except for layaway plans, advanced deposits and business leasing customers. Unless otherwise expressly stated in writing, terms are Cash In Advance (CIA) via our approved payment methods found on our web site under "Store Policies". For commercial accounts, if credit, leasing or net terms are extended to purchaser, we reserve the right at any time to require full or partial payment in advance of shipment, or to revoke any credit previously extended, if, in our judgment, the Purchaser's financial condition does not warrant proceeding on the terms specified. Overdue payments shall be subject to finance charges computed at a periodic rate (to the extent permitted by law) of 2.2% per month (26.4% per year). Amounts owed by the Purchaser with respect to which there is no dispute shall be paid without set-off for any amounts which the Purchaser may claim are owed by us and regardless of any other controversies which may exist. All Orders must be paid in full, and all payments must be cleared by our bank before we can ship Purchaser's order.
2. DEPOSITS - Deposits made on all "Out-Of-Stock", "Waitlisted" or "Pre-Order" Items are fully refundable, if not shipped from source of the product at the time of cancellation. Deposits for all other purchases or services, or after an item has shipped, are not refundable, except as noted elsewhere in this document. All refunds for any deposit made by credit or debit card will be subject to a 5% payment processing fee at time of refund.
3. DELIVERY - Unless otherwise specified, all sales are F.O.B. shipping point and the time of delivery shall be the time when the product is ready for delivery to the location chosen by the Purchaser at that location by a carrier . Without in any way limiting the generality of paragraph 8, we shall not be liable for any loss or damage resulting from any delay in delivery or failure to deliver which is due to any cause beyond our control, including, without limitation, force majeure; acts of nature, unavailability of supplies or sources or energy, riots, wars, fires, floods, epidemics, lockouts, strikes/slowdowns, delays in delivery by our shippers or suppliers, or acts or omissions of the Purchaser. Products on which delivery is delayed due to any cause within the Purchaser's control may be placed in storage by us at the Purchaser's risk and for its account. The Purchaser shall be liable for all costs and expenses incurred by us in holding or storing products for the Purchaser or at the Purchaser's request. The Purchaser is also responsible for any additional shipping charges due to refusal of delivery or rescheduled deliveries. Items deemed undeliverable, or deliveries refused by the Purchaser, or orders refused or cancelled by you with prior written authorization. If returned or refused items purchased by you are not claimed within 60 days of the first delivery attempt, your item (s) will be determined to have be abandoned, and will be disposed of without recourse, with full payment of Purchaser's Order and any costs incurred by us due and payable in full immediately.
4. WRONG ITEMS - Products shipped in error will be replaced with the correct Item ordered, as long as the product in question is returned in unused condition in its original box and packaging, along with all of the original paperwork, manuals, parts and supplies. Any products shipped in error that are retuned not conforming to these specifications will be assessed a 25% restocking fee, but customer will not be responsible for shipping charges in any event.
5. TITLE AND RISK OR LOSS - Subject to paragraph 6 and to our right to stop delivery of products in transit, title to and risk of loss for products shall pass to the Purchaser upon delivery of product to a carrier for shipment to the Purchaser.
6. SECURITY INTEREST - We reserve and the Purchaser grants to us a purchase money security interest in all Products sold by Little Shop Of Games to Purchaser, and to all Products now or hereafter acquired by Purchaser and to any proceeds thereof, until purchase price and any other charges due us shall have been paid in full. Purchaser agrees to execute any financing statements or other documents as we may request in order to protect Little Shop of Game's security interest. Upon any default by Purchaser hereunder, Little Shop of Games shall have all rights and remedies of a secured party under the Uniform Commercial Code, which rights and remedies shall be cumulative and not exclusive.
7. INSTALLATION - Unless otherwise specified, we assume no obligation to install or setup any products sold to Purchaser at the Purchaser's premises. Some products on our web site do require minimal to moderate setup. Please inquire before purchasing any products that may require setup. In some cases, we may be able to supply setup and/or installation of select products at an additional cost to you, where available.
8. SPECIFICATIONS - The original manufacturer of products we sell reserve the right to make substitutions and modifications to the specifications of their products at any time, provided that such substitutions or modifications do not materially affect the performance of the products or the purposes for which they can be used. Customer agrees that Little Shop of Games will not be held liable for product, software, control or cabinet changes made by the manufacturer without our knowledge, and also acknowledges that pictures, specifications and dimensions of all products listed for sale on our website are not guaranteed to be exact pictures of the product for sale, but are representative samples of such products at the time of publication, and understands that the original manufacturer may modify colors, software and specifications of products for sale without prior notice to us or you. Please contact us before ordering if exact product dimensions or specifications need to be confirmed prior to Purchaser's purchase.
9. 30 DAY RETURN POLICY - Most of our Items come with our 30-Day Return Policy. After delivery of any covered product, if the Purchaser does not enjoy the covered product, Purchaser may request a Return Materials Authorization (RMA) for the covered product (s) as long as covered product (s) are returned in the same exact condition as shipped within 30 days of the delivery date. Any return not received at our designated shipping point within 30 days of date of delivery to Purchaser, as stipulated on Purchaser's Bill Of Lading, is not eligible under this policy, and return shipment will be refused.
If after taking delivery of your item, if you wish to return your item (does not fit, was not what you expected, etc, you may request a Return Materials Authorization for your purchase via our online RMA Form, as long as your item arrives back to our warehouse unused and in the same exact condition (see below for specifications) as it was shipped to you, within 30 days of the delivery date, per the policy terms set forth below. If no other item is purchased from us within forty-five (45) days from the date your item arrives at our warehouse, and item is returned in accordance with the policy stipulations below, 70% of the purchase price, minus all shipping charges to and from your location will be refunded via company check or credit card refund, if item is returned under the policy rules set forth above and below. If item was purchased under a "free shipping" offer, the actual incoming and outgoing shipping charges will be deducted, in addition to the 30% restocking fee. Our Return Policy excludes all items sold as "Special Order" or "Custom Order", items sold either as "Open Box", "As-Is" or "Less Than Perfect, along with all redemption games, kiddie rides, vending machines, photo booths, replacement parts and product accessories. All items shipped outside of the USA, or sold to commercial, business, government or non-profit accounts, or items that are refused for delivery are not returnable under this policy.
All brand new products must be returned in unused condition in their original box and/or packing. All "preowned", "used", "demo" or "refurbished" products must be returned in unused condition, along with all paperwork, manuals, parts and supplies. Returns for any non-defective products conforming to these standards will be assessed a 30% restocking fee, in addition to all shipping charges to and from Purchaser's location. If Purchaser's order was shipped under a "free shipping" offer, actual shipping charges to and from Purchaser's location will be deducted from Purchaser's final refund. Any returns under this policy not conforming to these specifications will be assessed a 30% restocking charge, plus all shipping costs to and from Purchaser's location. This policy specifically excludes all "special', "custom", "as-is" or "less than perfect" type products, redemption, casino, furniture, carnival, kiddie and, vending machines products, all parts, supplies, accessories and any products that was damaged in shipment, or as otherwise noted.
10. CANCELLATIONS - All Sales (Orders) are Final, unless order is cancelled by suLittle Shop of Gamestting a Order Cancellation Request within three (3) business days of Purchaser's order, as is determined by timestamp on Order, unless the products purchased have certain return rights, like our 30-Day Return Policy above. Any order cancellation request for "Special" or "Custom" Orders and all International and Prepaid orders are fully non cancellable and non-refundable.
Valid Order Cancellation requests prior to three (3) business days will not incur cancellation fees, with the exception of a 5% Payment Processing Fee, if payment was made via credit card, debit card or other electronic payment or transfer method, and payment was processed prior to order cancellation.
All order cancellation requests after three (3) business days, but before Purchaser's Order has shipped, may be submitted using our Order Cancellation Form (link shown above), and may be granted on a case-by-case basis (except for Special or Custom Orders which are not cancellable for any reason). If a order cancellation is granted on qualifying orders, a Order Cancellation Fee of 10% shall be assessed on Purchaser's Order, in addition to any charges incurred by us associated with canceling Purchaser's Order, including any freight charges, vendor restocking fees, refund / payment processing fees, or other costs incurred by us in cancelling your order.
For valid cancellation requests after a product has shipped, a restocking fee of 30% shall be assessed on all shipped items, addition to all other costs incurred by us associated with canceling Purchaser's Order as detailed above, which includes any inbound or outbound freight or storage charges incurred in cancelling the Order.
If Purchaser refuses to accept delivery of any product, Purchaser agrees to pay the full amount of their Order including all shipping costs. Any order refused by Purchaser, if no request for re-delivery or pickup of Purchaser's Order is made within 60 days of shipment, will hereby be determined to be abandoned and will be disposed of without recourse, with the entire purchase price due in full. Any orders that are refused, returned or cancelled by Purchaser without prior written authorization, and not claimed within 60 days of the first delivery attempt, or refusal of delivery or payment, will be determined to have be abandoned, and will be disposed of without recourse, with full payment of Purchasers order and any costs incurred by us due and payable in full immediately.
11. CLAIMS - All claims for nonconforming, defective or shipping damage incurred during transit must be made in writing within 24 hours after delivery to the Purchaser, based on the date delivered on Purchaser's Bill Of Lading. Any claims not made within that period shall be deemed waived and released. Our sole responsibility with respect to such claims shall be at our option, to repair or replace any product or component at the Purchaser's location, which we determine to be defective We will not be liable for any shipping charges to or from Purchaser's location due to non-conforming or defective parts, or are responsible for any damage that occurs to items after they leave our dock and/or the item's original shipping point. All shipping damage must be filed directly with the freight carrier. In no event shall we be liable for any incidental or consequential damages due to any cause whatsoever. You agree that no suit or other legal action shall be brought against us more than 120 Days after the related cause of action has occurred. No claims can be made for any product sold to you on a "as-is", "less than perfect", "special order" or "custom order" basis. The Foregoing constitutes our sole liability and the Purchaser's sole remedy with respect to products sold by us. Except as provided within this document, we disclaim all warranties, express or implied, including any warranty of merchantability or fitness, for a particular purpose.
12. PRICES - All prices published by us or quoted by our representatives may be changed at any time without notice. Due to fluctuating market conditions, written quotations expire automatically 24 hours from the date issued and subject to change or termination with verbal or written notice during that period. All verbal quotations are good for 24 hours and all quotations and prices are subject to adjustment on account of new specifications, modifications, quantities, shipment methods or other terms and conditions which are not part of the original price quotation. Prices quoted on our site or via phone or email are FOB: Origin and are exclusive of all city, state, and federal taxes, freight, handling and other similar charges unless specifically listed in a written quote, and payment of which shall be the sole responsibility of the Purchaser (Buyer). If Little Shop of Games pays any such tax or charge, Purchaser will promptly reimburse the same. Purchaser is responsible for obtaining and providing to us any certificate of exemption or similar document required to exempt any sale from sales, use or similar tax liability if items are being bought for resale.
13. PATENTS - We assume no obligation or liability of any kind with respect to infringements or alleged infringements of United States or foreign patents, copyrights, trademarks or other proprietary rights arising out of the Purchaser's purchase, use, possession, sale or delivery of any products sold hereunder. The Purchaser shall indemnify and hold us harmless from any and all claims, liabilities, damages, or expenses resulting from infringements or alleged infringements or United States or foreign patents, copyrights, trademarks or other proprietary specifications provided by the Purchaser. No sale of any product shall be construed as granting to the Purchaser any license or other right in or to any patent, copyright, trademark or other proprietary right applicable to the product.
14. CREDIT, DEBIT OR CHARGE CARD HOLDER AGREEMENT - By choosing to pay for any order with a credit, debit or charge card, Purchaser agrees that all policies detailed herein supersedes and overrules any credit, debit or charge card issuing company policy that differs from, or is in conflict with, the above policies, and also agrees that this agreement will serve as notice of such to Purchaser's specific card issuing company if required.
15. SEVERABILITY - In the event that any provision or portion of this Agreement shall be determined to be invalid or unenforceable for any reason, the remaining provisions or portions of this Agreement shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by law.
16. ATTORNEYS' FEES - We have the right to collect from Purchasers all reasonable costs and expenses incurred in collection of any sums owing by Purchaser and we shall not be obligated to make any further deliveries to Purchaser. Such reasonable costs and expenses shall include, but not be limited to, reasonable attorney's fees.
17. ADDITIONAL OR INCONSISTENT TERMS - Terms and conditions set forth in any document provided by the Purchaser which differs from or conflicts with, or are not included in the terms and conditions set forth in this document shall not become a part of any agreement between us (Little Shop of Games) and the Purchaser, unless such terms and conditions are specifically accepted by us in writing.
18. MANDATORY BINDING ARBITRATION - The Purchaser agrees that any dispute or controversy arising out of, relating to, or in connection with any purchase, agreement or transaction, or its interpretation, with Little Shop of Games, shall be settled exclusively and finally by arbitration, in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce.
19. GOVERNING BODY - Purchaser agrees that this agreement and all transactions hereunder, or any dispute or controversy arising out of, relating to, or in connection with any purchase, transaction, agreement, or its interpretation, with Little Shop of Games shall be governed by the laws of the State of Florida, Lake County, and agrees that in the case of federal or state court litigation, all cases will be filed, conducted and heard within the State of Florida, Lake County.
20. ENTIRE AGREEMENT - This Agreement contains the entire agreement between the Parties concerning the subject matter hereof and supersedes all prior agreements, understandings, discussions, negotiations, and undertakings, whether written or oral, between the Parties with respect thereto. This Agreement may not be modified or amended except by a writing signed by both Parties.
21. AGREEMENT TO TERMS - The Purchaser confirms that they have read, and agree to, all terms, conditions and store policies listed in this document as a condition of accepting your Order.