Terms & Conditions
1. CONDITIONS APPLICIABLE
1.0 By ordering, and payment of a product, you accept these terms and conditions. The terms and conditions are subject to change at any time, and it is your responsibility to check these terms and conditions regularly before ordering products in case there are any changes.
1.1 These conditions shall apply to all contracts, or bill of sale by Steve Pariani or Best in Class Llc., to the Client to the exclusion of all other terms and conditions including any terms and conditions which the Client may purport to apply under any purchase order confirmation of order or similar document.
1.2 All orders for Goods shall be deemed to be an offer by the Client to purchase Goods following these Conditions.
1.3 Acceptance of these Goods shall be deemed conclusive evidence of the Clients’ acceptance of these Conditions.
1.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be not applicable unless agreed in writing or outlined within the terms and conditions page of this website, or by Steve Pariani or Best in Class Llc.
1.5 Nothing in these Terms and Conditions shall affect the statutory rights of any consumer.
2.0. Definitions and Interpretations. In these Conditions the following words and expressions shall have the following meanings unless inconsistent with the context:
2.1. ‘The Goods’ means the goods specified in the estimate, invoice, or letter provided by Steve Pariani or Best in Class Llc. to the Client.
2.2 ‘The Client’ means the party or parties placing the order for the Goods with Steve Pariani or Best in Class Llc.
2.3 ‘The Seller’ means Steve Pariani or Best in Class Llc. and its representatives
3. THE GOODS
3.0 The quantity and description of the Goods shall be set out by the Seller on Acknowledgement of order.
3.1 We try to have the stock available at all times, within our supplier, but this is not always possible. Should there be a delay with your order we shall telephone or e-mail giving you an estimated delivery date.
3.2 We will, at our discretion, provide a small sample piece of our products for genuine requests. We reserve the right not to send out sample pieces.
4. ACCEPTANCE, PRICE, AND PAYMENT OF THE GOODS
4.0 The Client shall be deemed to have accepted the Goods 24 hours after delivery to the Client.
4.1 After acceptance the Client shall not be entitled to reject Goods which are not in accordance with the contract.
4.2 The Client shall have a cooling off period of 24 hours from when payment has been taken to amend the goods after which time there shall be no cancellation of order.
5. DELIVERY, TITLE, AND RISK, OF THE GOODS
5.0 Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Client or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date.
5.1 Delivery of the Goods shall be made at the discretion of the Seller either at the Seller’s premises or at an address notified by the Client to the Seller. The Client shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. The risk in the Goods shall pass upon delivery being made or upon tender for delivery.
5.2 The Seller remains the owner of the Goods affected by the Contract until the Seller has been paid in full for such Goods.
5.3 If the Client is a consumer and properly rejects any of the Goods immediately upon payment and shall notify the Seller within 24 hours of payment, if the Goods are damaged or do not comply with the Contract, the Client shall nonetheless pay the full price for such Goods unless the Clients promptly gives notice of rejection to the Seller and at the Client’s cost returns the Goods to the Seller in good condition.
5.4 In the case of any other sale the Client shall inspect the Goods immediately upon receipt and shall notify the Seller within 24 hours of delivery if the Goods are damaged or do not comply with any of the Contract. If the Client fails to do this he is deemed to have accepted the Goods.
5.5 The Goods shall be at the Client’s risk as from delivery or tender of delivery.
6. COMPLAINTS, RETURNS, PRIVACY, & REMEDIES OF BUYER
6.0 We hope that you will be pleased with our products. Should you have a complaint please feel free to e-mail or call us. We will acknowledge your complaint within 7 days and do our best to resolve the problem.
6.1 Standard Items: Should your order be unsuitable in any way simply return the goods within 3 days of receipt for a refund. (We cannot arrange collection nor pay the post or shipping for returns). Goods must be in a perfect unused condition with their original packaging. Your payment will be refunded as soon as we receive the items back. Please return the goods with the dispatch note that was sent with the goods.
6.2 Bespoke Items: We cannot accept returns of bespoke items unless they are defective in some way beyond our normal working tolerances. A color difference is not a defect. We strongly suggest that you request a sample piece before ordering a design.
6.3 Please note that all of our products are made to a manufacturing tolerance which in most cases is within 1-2%. If you are unsure of whether this will be suitable for your requirements we suggest that you take this tolerance into account and order oversized to compensate for this.
6.4 If an item is damaged in transit please reject the delivery and inform us within 24 hours.
6.5 Shortages must be reported immediately. If not reported within 48 hours from delivery we cannot send replacements.
6.6 Where the Client rejects and Goods then the Client shall have no further rights whatever in respect of the supply to the Client of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale.
6.7 Where the Client accepts or has been deemed to have accepted any Goods then Seller shall have no liability whatever to the Client in respect of those Goods.
6.8 The Seller shall not be liable to the Client for late delivery of the Goods.
6.9 The Seller shall be under no liability whatever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Seller of this contract.
6.10 Under no circumstances shall the liability of the Seller exceed the price of the Goods.
6.11 This contract is subject to the law of the State of Colorado and The United States of America and all disputes arising there under shall be subject to the exclusive jurisdiction of the courts of El Paso County.
6.12 We do not store your financial information (credit/debit card numbers)