Terms and Conditions of Purchase
TERMS AND CONDITIONS OF PURCHASE
These Terms and Conditions, together with any documents they expressly incorporate by reference, form the purchase agreement between you and Schleich USA, Inc. (“Schleich,” “we,” “us,” and “our”).
THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY BEFORE YOU PURCHASE ANY OF OUR PRODUCTS, SINCE THEY AFFECT YOUR LEGAL RIGHTS. BY CLICKING THE “AGREE” BUTTON AT POINT OF PURCHASE, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT CLICK “AGREE,” BUT YOU WILL NOT BE PERMITTED TO PURCHASE THROUGH THE WEBSITE (“SITE”).
Each time you make a purchase through the Site, you should review the current Terms and Conditions. Schleich reserves the right to make any and all changes to its Terms and Conditions. Changes to the Terms and Conditions will not be applied retroactively.
Product Availability and Descriptions
Schleich has the right to remove or cancel offers at any time and for any reason without notice. Schelich has the right to impose conditions on the honoring of any offer or coupon at any time. Schleich has the right to remove items from your shopping cart at any time and for any reason without notice, prior to your purchase.
Schleich has the right to refuse to sell a product to any user. If payment has already been made, a refund will be issued. All offers and product availability are subject to applicable laws and regulations. Such offers may be restricted or void in some locations. Schleich shall have no liability for the impact such laws or regulations may have on the ability to utilize such offers.
Schleich provides no warranty that the products featured on its Site will be available for purchase. Schleich may limit the available quantity or discontinue any product. All descriptions, images, features, specifications, products, and prices displayed on the Site are subject to change at any time without notice. Certain information is provided for convenience purposes only. Descriptive, typographic, and photographic errors are subject to correction, and Schleich shall have no liability of any kind for such errors. Schleich cannot and does not guarantee that the color depicted on the Site and/or your computer’s or device’s screen will be accurate.
Schleich does not warrant that product descriptions or other content on the Site is accurate, complete, reliable, current, or error-free. If you order a product and it is not as described, your sole remedy is to return it to Schleich in unused condition.
Limitations on Online Orders
The maximum value of a single order that can be placed on Schleich’s website is $600. Any orders over this amount will not be authorized or fulfilled.
If you wish to purchase any product through the Site, you may be asked to supply certain information relevant to your transaction including, without limitation, information about your method of payment, your billing address, and your shipping information. You represent and warrant that you have the legal right to utilize the payment card used or other payment methods used for the purchase. You represent and warrant that you are eighteen years old or older. You grant to Schleich the right to provide such information to third parties to process the payment or ship your product(s).
You agree to pay all charges associated with the purchase of product(s) by you or on your behalf through the Site, at the price in effect when the purchase is made, including, but not limited to, shipping and handling and the applicable taxes. Your tax rate will depend on your location. For international deliveries, you are the importer of record who must comply with all the laws and regulations of the destination. International orders may be subject to import taxes, customs duties, and fees levied by the destination country, and you are responsible for such import taxes, customs duties, and fees. Schleich has no control over these charges. You should contact your local customs office for more information.
Shipping and Handling
Your shipping and handling rates and estimated delivery times will depend on your location. Currently, Schleich does not charge shipping or handling for orders over $150 CAD, but this is subject to change. Schleich does not guarantee your receipt of your orders by any date, included estimated dates. Shipping depends on the carrier and conditions outside of Schleich’s control. We share the name and the shipping address that you provided with delivery services and carriers. We cannot refund any shipping costs if the package is delayed or lost due to a carrier issue. If any problems arise with the shipping address or payment method connected with your order or account that Schleich is unable to resolve, we will notify you through the email address associated with your account and your order may be canceled.
Acknowledgement of Order
When your order has been received by Schleich, Schleich will notify you via email. This notice does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Schleich verifies the availability and the price before an item is shipped. If an item is no longer available, or if the price has increased or there is some other problem with the product or order, Schleich may issue a refund, cancel the order, and notify you by email. If an item’s actual price is lower than what was listed on the Site, Schleich will charge the lower amount and will not cancel the order.
A representative from Schleich may need to contact you about your order. By accepting these terms and conditions, you consent to Schleich contacting you via electronic mail, text, telephone, or U.S. mail if necessary to handle your order. You further agree that we may, for training or customer services purposes, listen to and record the telephone conversations. Charges may apply to your receipt of text messages. You are solely responsible for payment of these charges. Schleich is not liable for any delays in your receipt of any text messages.
Subject to the laws of your jurisdiction, you may cancel or change your order at any time without penalty prior to your order being shipped. Once your order is shipped, the terms below pertaining to returns will apply to any cancelled or changed order.
If you are not fully satisfied with our product(s), you may return the product(s) for a full refund. However, shipping and handling will not be refunded for returns. Currently, Schleich does not require a customer to return an item under $59 CAD to receive a refund, but this is subject to change. A refund will be issued to the original form of payment used by the purchaser. Refunds will be processed upon Schleich’s receipt of the returned item. Returned items must be unused, in the state you received them, and in or with the original packaging. Products returned that do not fit this description may not qualify for a refund.
Returns must be processed within thirty days of the date the product(s) was delivered. To start the return process, contact customer service at the number below and complete the return paperwork included in your package. For most returns, it takes about 5-10 business days for Schleich to receive your return, inspect it, process it into inventory, and complete your refund. It may take an additional 2-10 business days after your credit is applied for it to post to your credit card account.
Schleich will not process refunds or returns for products that were not directly purchased from Schleich. If you purchased Schleich products through a third party retailer or website, you must contact the third party retailer directly for returns and refunds. Any products purchased from a third party retailer or website must be returned directly to the third party retailer or website. If you are returning an item that was purchased through a third party retailer or websites and not through Schleich directly, the refund will be issued to the purchaser’s account, and you will need to work directly with the third party retailer or website to obtain your refund from them.
Risk of Loss
All shipments of orders from Schleich are made pursuant to a shipment contract. Except as otherwise set forth herein, and subject to the laws of your jurisdiction, the risk of loss for and title to such products purchased on the Site passes to you upon delivery to the carrier.
Agreement That You Will Not Resale
Schleich does not allow resellers to purchase products through its website. Resellers are defined as a company or an individual that purchases goods with the intention of selling them to others rather than using them for personal use. A reseller also includes a company or an individual that purchases goods on behalf of a third party who has previously paid the company or individual for the same goods.
By accepting these terms and conditions, you agree that you are not a reseller and that you are not purchasing the product(s) with the intention of selling them rather than using them. Schleich will cancel orders made by resellers and refuse to sell goods to resellers. Resellers may also be liable for damages to Schleich and third parties.
The failure of Schleich to partially or fully exercise any of its rights under these Terms and Conditions or the waiver of Schleich of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Schleich or be deemed a waiver by Schleich of any subsequent breach by you of the same or any other term of these Terms and Conditions.
Limitation of Liability and Disclaimer of Warranties
We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
Under no circumstances will Schleich or its employees, directors, officers, or agents be liable for any direct or indirect losses or damages arising out of your inability to purchase a product. If Schleich is responsible for losses associated with a purchase, Schleich’s damages will be limited to the price you paid for the product, shipping and handling, and taxes. By agreeing to these terms and conditions, you agree that Schleich will never be responsible for damages exceeding the price you paid for the product(s), shipping and handling, and applicable taxes. Schleich will never be responsible for special damages, consequential damages, incidental damages,
TO THE FULLEST EXTENT ALLOWABLE BY LAW, SCHLEICH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT ALLOWABLE BY LAW, SCHLEICH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SCHLEICH PRODUCTS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOSS OF INCOME, LOST PROFITS, AND/OR LOST BUSINESS OPPORTUNITIES, UNLESS OTHERWISE SPECIFIED IN WRITING.
You agree to indemnify, hold harmless, and defend Schleich, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Site or our products or your violation of these Terms and Conditions.
By clicking “agree” on these Terms and Conditions, you agree that any dispute or claim relating in any way to your purchase or use of any products sold by Schleich will be resolved by binding arbitration, rather than in court, except that you may assert appropriate claims in small claims court. The U.S. Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award the same damages and relief as a court and must follow the terms of these Terms and Conditions as a court would. However, any such disputes will be resolved only on an individual basis, not on a collective basis. Please note, arbitration may not apply to claims involving intellectual property infringement.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the below address, attn: “Dispute”. Within sixty days of receipt, the parties shall attempt to negotiate and mediate the dispute without resorting to arbitration. If the dispute is not resolved within those sixty days, the arbitration will be conducted by the American Arbitration Association (AAA) under its rules.
Governing Law, Jurisdiction, and Venue
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. If for any reason a claim proceeds in court rather than in arbitration, the case will be heard exclusively in the state or federal courts located in Mecklenburg County, North Carolina, and you hereby consent to the exclusive personal jurisdiction and venue of these courts for the resolution of any such disputes. You also hereby agree that any such disputes will be resolved only on an individual basis, not on a collective basis.
For Quebec consumers: These Terms and Conditions and any dispute of any sort that might arise between you and Schleich shall be governed by the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein, and any disputes in which it is necessary to proceed in court rather than in arbitration will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).
If any provision of these Terms and Conditions is invalidated or held unenforceable, the remaining provisions shall continue to apply.
Schleich USA Inc.
10000 Twin Lakes Parkway, Suite A
Charlotte, NC 28269, USA
T: +1 (888) 269-0826
F: +1 (877) 739-1481