Cafe Valencia - Legal terms and conditions

LEGAL

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.

These terms and conditions ("Agreement") apply to your purchase of consumer (or professional) electronic products and/or related products and/or services and support sold in the United States ("Product") by the Weather Works, Inc. entity named on the invoice or acknowledgement via email or any other method of correspondence ("Weather Works, Inc.") provided to you. By using our website and submitting an order, you accept and are bound to the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you may not enter into any transactions with Weather Works, Inc. THIS AGREEMENT SHALL APPLY for all purchases made on this site and SHALL GOVERN any transactions thereof. This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and Weather Works, Inc. At any case this electronic document will ultimately serve as the governing standard terms and conditions for the use of this website and for any purchases or transactions consummated thereof.

1.0 Copyright and Trademark Notice
This site is owned and operated by Weather Works, Inc. 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 Weather Works, Inc. All software used on the site is the sole property of Weather Works, Inc. 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 prior written permission from Weather Works, Inc. 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 trademarks or service marks of Weather Works, Inc. The use of any Weather Works, Inc. trademark or service mark without Weather Works, Inc.'s express written consent is strictly prohibited. All other trademarks or service marks are property of their respective owners. Most items on this website are illustrated using images and descriptive copy that may be trademarked and owned and by the manufactures of these items. Weather Works, Inc. hereby expressly states that those trademarks are the property of their respective owners.

2.0 Payment Options
We accept payment by Visa, MasterCard, American Express, Discover card, Pay Pal, Money Orders. We do not accept International credit cards.

3.0 Shipping
All orders are processed upon receipt. Actual shipping time is contingent upon availability of merchandise and credit verification by Weather Works, Inc. Credit and the Fraud Protection Department. Most orders are shipped within 2 business days of receiving your order. All orders are shipped via UPS, FedEx or DHL, and when available, the tracking information will be provided to our customers. We suggest you set one up to streamline your shopping experience whenever you shop with us. We don't ship to APO’s or POB’s or to Hotels. No orders are processed or shipped on Saturdays or Sundays. In the event of delays, every effort will be made to contact you by phone or e-mail. If the delay is due to backorder, you will receive notice and be given the choice to remain on backorder, substitute to another item, or cancel your order. Our site automatically computes shipping charges whenever you add an item in your shopping basket and upon checkout will prompt you to choose the method of shipping service you wish. Please note that shipping time is not the same as total delivery time. We need time to process and assemble your order before we actually ship it; choosing NEXT DAY AIR does not mean your order will be delivered the day after you place your order online.

3.1 Ship to address - Alternate Shipping /Billing Address
If you wish to ship your order to an address that is different from your credit card billing address you may, can but we don’t recommend it; this may delay your order. However, in order to speed up order processing time in the event you require us to ship your order to an address other than the billing, please call the customer service number on the back of your credit card after ordering and have your shipping address listed as an authorized "Alternate Shipping Address" on your account. This will only add an extra shipping address to your credit card file and will not change your billing address. It only takes a few minutes and it will help avoid any delays in the shipment of your order. We will verify that alternate shipping addresses are authorized. Orders that have shipping addresses that are not authorized will not be processed for shipment!

3.2 Prior to signing for your shipment, please carefully inspect the shipment for any damage that may have occurred while in transit to you. Once the shipping carton arrives, you must open the packaging; inspect the contents and point out any damages to the delivery person before signing for it. If you detect any physical damage to the item inside the carton do not accept it and do not sign for it, kindly inform the driver that you are refusing delivery and contact us at once to make a report and so we can ship out a replacement. If you are not certain or unable to ascertain if there is any damage, or if the outside carton is excessively worn, make sure to indicate so on the delivery receipt where you sign for the delivery. [i.e. 1pc received “crushed carton may be damaged”]. In the event you experience any of the aforementioned please contact us at 1-800-381-3178. Please DO NOT sign the bill of lading until you have fully inspected the unit for damage. Concealed shipping damage must be reported to the delivery driver immediately! If you discover any damage due to shipping after you have already signed for delivery without indicating on the bill of lading any damage, you are responsible, and we can not be held liable. Damaged items must be refused and immediately returned to us. Do not sign for any item until you have confirmed that there is no damage. Weather Works, Inc. can not be held responsible for any damages reported once the item(s) have been signed for, sorry no exceptions.

4.0 Special Handling
Orders requiring Rush Delivery and/or Special Handling will be subject to additional special handling charges. When we receive an order requiring special handling we will inform you by email. If you would like to request special handling or rush delivery please email our customer service department or call to speak to a Weather Works, Inc. representative.

5.0 To find out how much your order will cost to ship
You can simply proceed with your order, add all the items you wish to purchase to your shopping cart, and you will come to a page that will display the different UPS Shipping options available for your order. Next to each delivery option listed, is the charge for that option. You can always see the shipping charge before you complete your purchase. It's that simple.

6.0 Canceling an order before checking out
You can cancel the order process at any time by clicking on the Shopping Cart button and deleting each item from your shopping cart.

7.0 Typographical Errors
Weather Works, Inc.'s doctrine is truth in advertising, and we make every effort to publish accurate selling prices for the products we offer. However, in the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Weather Works, Inc. shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Weather Works, Inc. shall have 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 canceled, Weather Works, Inc. shall immediately issue a credit to your credit card account in the amount of the charge.

8.0 Links
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Weather Works, Inc. is not responsible for the operation of or content located on or through any such site.

9.0 Order
Acceptance Policy Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Weather Works, Inc. reserves the right at any time after receipt of your order to accept or decline your order for any reason. Weather Works, Inc. reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. Weather Works, Inc. deals with the end user customer and does not accept orders from exporters, wholesalers, or other customers who intend to resell the products offered by Weather Works, Inc.

10.0 Sales Taxes
Weather Works, Inc. shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the state of Florida. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.

11.0 Disclaimer and Limitation of Liability as to Products Sold
Weather Works, Inc. makes no representations or warranties, either express or implied, of any kind with respect to products sold on the Weather Works, Inc. website, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to Weather Works, Inc. arising from any product sold on the Weather Works, Inc. site shall be the price of the product ordered. In no event shall Weather Works, inc., its directors, officers, employees or other representatives be held liable for special, indirect, consequential, or punitive damages related to product sold.

12.0 Disclaimer and Limitation of Liability as to the Weather Works, Inc. Website
The Weather Works, Inc. website and the materials therein are provided "as is". Weather Works, Inc. makes no representations or warranties, either express or implied, of any kind with respect to the Weather Works, Inc. website, their operations, contents, information, or materials. Weather Works, Inc. expressly disclaims all warranties, express or implied, of any kind with respect to the sites or their use, including but not limited to merchantability and fitness for a particular purpose. You agree that Weather Works, inc., its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the Weather Works, Inc. website. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.

13.0 Jurisdiction and Venue
You agree that any legal action brought against Weather Works, Inc. shall be governed by the laws of the State of Florida without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the Weather Works, Inc. website shall be an appropriate federal or state court located in Florida.

14.0 Returns
To assure a prompt and proper return of your defective product please read carefully the instructions before you send any returns to this address.

Please send all returns to:

WeatherWorks, Inc.
CAFÉ VALENCIA
2470 NW 102 Place /Suite 201-1
Doral, FL. 33172

If the product you received proves to be defective within the warranty period, we will repair it or replace it at our discretion at no extra charge to you. All we need is a copy of the receipt and the defective product or part of the product, whichever applies to you. To obtain warranty service, please call our customer service center toll free at 1-866-369-4170 or e-mail us at customerservice@weatherworks.net

Or you can write to:

WeatherWorks, Inc.
CAFÉ VALENCIA
P.O. Box 226186
Doral, FL. 33122-6186

To facilitate the speed and accuracy of your return we require you to include with your defective product:
• Proof of Purchase
• Description of the defect
• Prepaid postage check (It is the costumer responsibility to send a prepaid check for the Return Shipping & Handling made out to WeatherWorks, Inc. for USD$15.00)
• Please also be sure to indicate a return address and contact details.