PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. Cancellations If a customer decides not to sign the transaction approval prior to shipping, a 2% cancellation fee will apply when refund is requested. Once transaction approval documents are signed and sent back to us, the order cannot be cancelled. Copyright The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of 123 Liquidation.com. The collective work includes works that are licensed to 123 Liquidation.com. Copyright 2018, 123 Liquidation.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with 123 Liquidation.com or purchasing 123 Liquidation.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with 123 Liquidation.com or to purchase 123 Liquidation.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by 123 Liquidation.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site. THIS AGREEMENT is made as of the date set forth below between Customer
123 Liquidation.com (the “Company”) and The Customer set forth below (the “Customer”).WHEREAS, the Company is in the business of selling salvage, second hand, and new closeout overstock merchandise when discussed and printed on Invoice. (the “Merchandise”), and
WHEREASThe Customer desires to purchase some of the Merchandise from the Company on the terms and conditions set forth herein, and the Company requires that, among other things, the Customer sign an acknowledgement accepting certain terms with respect to the Merchandise, and
WHEREAS, such Merchandise may relate to various original retailers, including, without limitation Costco, Houzz, Amazon, Bloomingdales, Federated, Sam’s Club, Lowes, Home Depot, Home Decor, J.C. Penney, K. Mart, Sears, Kohl’s, Macy’s, Menards, Q.V.C, Rite Aid, Ross, BJ Warehouse, Wayfair, Overstock, Woot, CVS, Big Lot, BestBuy, Target, Wal-Mart, Mervyns, Harbor Freight, CSK, and/or any other department store or merchandiser product or merchandise (together, the “Department Stores”),
IT IS HEREBY AGREED THAT:Orders. All orders are subject to acceptance by The Company and prior sale of merchandise to other customers. Such acceptance is conditioned upon Customer’s acceptance of these terms and conditions.
The Customer shall not advertise any purchased Merchandise using the Department Store name(s), which list set forth above may be amended from time to time by the Company on notice to the Customer. The Customer agrees that all labels and tags denoting in any way the Department Stores or this marks or other identifying features, must be removed. Anyone found advertising or not removing labels or tags bearing department store name(s) may, among other things, be permanently barred from purchasing merchandise from the Company.
CONDITION OF MERCHANDISE: All Merchandise is sold “As Is” with no warranties of any kind or guarantees of any kind expressed or implied. All Merchandise is sold “As Is,” with no refunds, returns, credits or exchanges offered or given. Some Merchandise may be salvage, store returns, or other similar second hand and or possibly damaged or unsellable merchandise Unless indicated as NEW. Loads may be sold as bulk loads (with no wholesale value, percentage or piece count given). Any manifests given are not guaranteed. The Approximate value stated for Merchandise is merely a number that has been provided to the Company by its providers as an estimate only of wholesale or retail value at the time of purchase and the Company in no way represents or guarantees that this is the true value of the products. A 10% deposit is required to hold merchandise. Any Deposits made to reserve a truckload are final and non refundable if the customer does not complete the order or pay the balance within 30 days, as the deposit is used to secure and reserve the merchandise.
No representation is made as to packaging, style, selection, assortment, condition or seasonality of the Merchandise. Styles and Models may be replaced to equal value if item is no longer in stock, when manifests are given.
The Department Stores shall and will not be held liable for any dissatisfaction with respect to the sale or quality of Merchandise.
The Customer will be held responsible for transportation costs from the distribution center(s) and/or warehouse(s). All claims and/or shortages must also be submitted directly to the freight carrier. For Export Customers, Customer is Responsible for all duties and taxes.
Limitation of Liability. The Company will not be liable for any consequential damages, loss of profit, interruption of business, or any other special or incidental damages suffered by the Customer.
This agreement shall be governed by the laws of the state of California. The parties to this contract agree that if there is litigation arising out of or from this agreement, the sole and exclusive venue shall be in the state and federal courts located in Orange County, in California. If the Company takes any action to enforce this Agreement, whether in court or otherwise, it shall be entitled to recover from the Customer its reasonable attorney’s fees, costs, and expenses Faxing your signature is legally binding as would an original. Trademarks All trademarks, service marks and trade names of 123 Liquidation.com used in the site are trademarks or registered trademarks of 123 Liquidation.com Cancelled Orders If an order is placed and then cancelled before confirmation paperwork is signed and received but the customers credit card is authorized, a full refund will be applied minus a 2% refund transaction fee. Once a customer faxes or emails back the signed paperwork confirming the transaction, no cancellations will be accepted, and the sale is considered final. Warranty Disclaimer This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, 123 Liquidation.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. 123 Liquidation.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. 123 Liquidation.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. Limitation of Liability 123 Liquidation.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if 123 Liquidation.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Typographical Errors In the event that a 123 Liquidation.com product is mistakenly listed at an incorrect price, 123 Liquidation.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. 123 Liquidation.com reserves 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 cancelled, 123 Liquidation.com shall issue a credit to your credit card account in the amount of the incorrect price. Term; Termination These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by 123 Liquidation.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. Notice 123 Liquidation.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to 123 Liquidation.com. Miscellaneous Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of 123 Liquidation.com products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of 123 Liquidation.com products) must be commenced within one (1) year after the claim or cause of action arises. 123 Liquidation.com failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. 123 Liquidation.com may assign its rights and duties under this Agreement to any party at any time without notice to you. Use of Site Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a 123 Liquidation.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. Participation Disclaimer 123 Liquidation.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, 123 Liquidation.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, 123 Liquidation.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to 123 Liquidation.com in its sole discretion. Indemnification You agree to indemnify, defend, and hold harmless 123 Liquidation.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. Third-Party Links In an attempt to provide increased value to our visitors, 123 Liquidation.com may link to sites operated by third parties. However, even if the third party is affiliated with 123 Liquidation.com, 123 Liquidation.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of 123 Liquidation.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, 123 Liquidation.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
What information do we collect? We collect information from you when you register on the site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in another site feature.
When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. You may, however, visit our site anonymously.
We also collect information about gift recipients so that we can fulfill the gift purchase. The information we collect about gift recipients is not used for marketing purposes.
Like many websites, we use "cookies" to enhance your experience and gather information about visitors and visits to our websites. Please refer to the "Do we use 'cookies'?" section below for information about cookies and how we use them.
How do we use your information? We may use the information we collect from you when you register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested.
To allow us to better service you in responding to your customer service requests.
To quickly process your transactions.
To administer a contest, promotion, survey or other site feature.
If you have opted-in to receive our e-mail newsletter, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the "How can you opt-out, remove or modify information you have provided to us?" section below. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs and 'members-only' content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.
How do we protect visitor information? We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.
We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to many features that make your site experience more efficient and some of our services will not function properly. However, you can still place orders over the telephone by contacting customer service. Do we disclose the information we collect to outside parties? We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term "outside parties" does not include DepartmentStoreLiquidations.com. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses. How can you opt-out, remove or modify information you have provided to us? To modify your e-mail subscriptions, please let us know by modifying your preferences in the "My Account" section. Please note that due to email production schedules you may receive any emails already in production.