Terms of SaleGavin
Xanadu Terms of Sale
Last Modified: March 11, 2019
This Terms of Sale (“Agreement”) applies to the purchases you make through Xanadu websites that are provided in the United States and that link to this Agreement (“Sites”). This Agreement is a legal agreement between you and Xanadu Holdings, LLC and its corporate affiliates, subsidiaries, and divisions as may change from time to time (collectively, “Xanadu,” “we,” “us,” and “our”). This Agreement applies to the purchases of products and/or services (“Products”) on or through the Sites. Based on your territory and/or the delivery territory of the Products, a different version of these Terms of Sale may apply. If this is the case, such different version will be presented to you on the Sites at the point of purchase.
1. PRICE AND AVAILABILITY
Some of the Products featured on the Sites are displayed for promotional purposes only and may not be available for purchase through the Sites. All Products offered for purchase on the Sites are subject to availability. The prices stated for such Products are subject to change without notice. Any Xanadu publication may include technical inaccuracies or typographical errors. Xanadu shall not be held responsible for any pricing, typographical, or other errors in such publications. Changes may be periodically made to these publications. These changes will be incorporated in new editions of these publications. Xanadu may make improvements and/or changes in the products and/or the programs described in these publications at any time without notice.
2. PROMOTIONAL OFFERS
All promotional offers made on the Sites are limited to purchases made from Xanadu and its participating authorized dealers, and are subject to the conditions of the offer. Purchases must be made during the specified promotional period to qualify.
3. ORDER ACCEPTANCE
We reserve the right, at our sole discretion, to cancel or refuse any order for any reason at any stage of the online ordering process, including after an order has been submitted and whether or not the order has been confirmed. Unless otherwise agreed to by Xanadu, payment must be received by Xanadu prior to acceptance of an order. Notwithstanding the foregoing, Xanadu may in its discretion choose not to charge your credit card until your order has been shipped. Xanadu may process payment for and ship parts of an order separately. Some situations that may result in cancellation include limitations on quantities available for purchase, inaccuracies or errors in Product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will attempt to contact you if all or any portion of your order is cancelled, or if additional information is required to accept your order.
Purchases made on the Sites are intended for end users only. Products sold through the Sites are not authorized for resale or export. The resale of or offer to sell a new Xanadu product without the authority of Xanadu is an infringement of Xanadu rights. Your submission of your order shall constitute your full acceptance of these restrictions on resale. Your purchase may not be sold, leased or transferred to restricted countries, restricted end users, or for restricted end uses according to U.S. export and sanctions laws.
5. PAYMENT METHODS AND FINANCING OPTIONS
For your convenience, we offer a wide array of payment methods to complete your purchase on xanaducbd.com.
Credit and Debit Cards
We accept Visa, Mastercard, American Express and Discover credit and debit cards. The payment amount is authorized and held by your financial institution at the time you place your order. Unless otherwise agreed to by Xanadu, payment must be received by Xanadu prior to acceptance of an order. Notwithstanding the foregoing, Xanadu may in its discretion choose not to charge your credit card until your order has been shipped.
Please note: Authorized and held amounts will not be available for other purchases. If an order is cancelled, the authorization hold will expire in accordance with the terms of your bank or financial institution.
PayPal is a convenient and easy way to pay. Per PayPal, you can use your credit card or bank account without exposing your account numbers. You can link your credit card or bank account to your PayPal account so you don't have to enter your card number or address everywhere you shop. Just log in to PayPal and quickly check out in a few clicks.
Paypal Credit is a convenient and secure payment method that gives you the flexibility to purchase without using your credit card. Subject to credit approval. See more details.
6. ORDER CONFIRMATIONS AND CANCELLATIONS
What sort of order confirmation will I receive?
Once you place your order at the end of the checkout process, we will confirm your transaction with an order number. We recommend that you print and save a copy of this page for your records. With your permission, we'll also send you an order confirmation by email.
Can I change or cancel my order?
Because we strive to process orders quickly, there is only a brief period of time (2 hours) during which you may change or cancel an order. Please call us at (602) 206-2100 and we will try to accommodate your request. If your order has already shipped, you may refuse delivery and the order will be returned to Xanadu. When we receive it, we will credit the payment method used to make the purchase.
7. SHIPPING AND DELIVERY
Xanadu offers free standard (ground) shipping. Shipping charges are based on the shipping method you choose (express or overnight for example) and the size of your Product order. When you make a purchase, the shipping charge is estimated in your basket, and will be presented to you during the checkout process. This date is based on the stock status of the product ordered and your choice of shipping. Product title passes to you when the Product is shipped. You have thirty (30) days to notify Xanadu of any missing, wrong, or damaged portion of your purchase in accordance with the provisions set forth in this Section or Xanadu cannot be held responsible for these issues.
We strive to keep all products sold on the Sites in stock, but high demand occasionally results in delayed shipment. Stock status is indicated on the product page and in your basket during checkout.
Please note that the number of days quoted for standard and express shipping refers to transit time only. Additional time (typically one business day) is required for processing in-stock orders.
Standard shipping for Products purchased on or through the Sites is by United States Postal Service/ USPS (typically products weighing 1 lb or less) or United Parcel Service/ UPS ground. The specific carrier can be found on your email shipping confirmation for orders shipped within the contiguous United States. Orders shipped to Alaska and Hawaii are sent by UPS or FedEx express shipping. Most standard shipments are delivered in five to six days from the shipping date (applies to in-stock items; subject to carrier delay; excludes order processing time).
Express shipping is available for orders shipping to addresses in the contiguous United States, Alaska and Hawaii. Express shipments are delivered one business day after the date the order ships (applies to in-stock items; subject to carrier delay; excludes order processing time).
Reporting Lost or Damaged Packages
Please call us at (602) 206-2100 or send us an email, as per the instructions below. We will work with you to resolve the problem.
If the product is not delivered, please call (602) 206-2100 or contact us online;
- Email: [email protected]
- Use the subject: "Order Not Delivered"
- Include your order number and any other information you may have regarding
- We will contact you regarding the problem
If the product is damaged, be sure to save your box and all packing materials in case an inspection or pickup is needed. Please call us at (602) 206-2100 and;
- Re-pack the product in its original box
- Write the RMA number clearly on the outside of the box. The RMA number will be issued to you when you call.
- Be sure to use a package-shipping service such as UPS, FedEx or USPS that is able to track shipments. Ship the package to: Xanadu c/o Replacements and Returns 3218 E Bell Road, Suite 116, Phoenix, AZ 85032
- When we receive your return, we will contact you about resolving the problem
Note: Please be sure to write the RMA number clearly on the outside of the box. Failure to do so may result in your package being refused or cause delays in processing your refund.
Delivery Confirmation Signature
Xanadu works with all major carriers, including UPS and FedEx, to be sure products are delivered safely. In some cases, a signature is required before a package can be left at your location. The delivery driver decides if a signature is needed, based on location, weather conditions and other factors. If you receive a notice stating delivery was attempted while you were out, please follow its instructions regarding an alternate delivery date or package pick-up.
APO/FPO and Military Exchanges
Xanadu does not ship directly to APO/FPO addresses. Since we cannot track packages after their arrival at APO/FPO drop-off points, we are reluctant to make shipments that may be misdirected or lost.
You may track your order by clicking on the tracking link in the order confirmation email that was sent to you when you completed checking out.
Order information may not appear in the tracking system until shipment. Please wait 24 hours after receiving your shipping confirmation email to track your shipment.
8. SHOPPING HELP
Your purchase on or through the Sites includes sales tax as required by law. The tax rate is based on the delivery address of your purchase. The actual tax amount will appear on the Payment page during the checkout process.
Once you've added an item to your cart, you'll see an order summary, along with any recommended accessories for your purchase. You can choose to continue shopping, save your cart or begin checkout. Click "CHECKOUT" and follow these steps:
- Shipping and billing: Select a shipping method and enter shipping and billing information.
- Payment: Select your payment method
- Review and complete order: Review your order, including shipping and payment information. Complete your order by clicking the "PAY NOW" button
- Order confirmation: Once submitted, you'll receive an order confirmation number to help you track your order
A note about security
We use a variety of measures to protect the online security of your personal information, however, no method of transmission over the Internet, and no means of electronic or physical storage is 100% secure. Thus, we cannot guarantee or warrant the security of your information.
9. PRODUCT QUESTIONS AND COMMENTS
We do welcome and value feedback on our products, and we make every effort to address questions or concerns that are raised by our customers. If you wish to comment on a Xanadu product or if you have a question about or concern with any of our products, please consult and follow the instructions provided in the "Contact" page of xanaducbd.com.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL XANADU OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS OR THE SITES, WHETHER OR NOT XANADU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANYEVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, $100.
XANADU DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITES OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SITES, AND XANADU WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. XANADU WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.
If you are a California resident, you hereby waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." This release includes the criminal acts of others.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages such as above. Accordingly, some of the above limitations may not apply to you. If you are a New Jersey resident, or a resident of another state that permits the exclusion of these warranties and liabilities, then the limitations in this Section specifically do apply to you.
11. CALIFORNIA TRANSPARENCY IN SUPPLY CHAINS ACT DISCLOSURE
Xanadu Holdings, LLC is dedicated to delivering products through a direct supply chain that respects human rights and the dignity of human labor and effort. Xanadu has adopted Business Ethics and Conduct Guidelines which require, among other things, that employees know, understand and abide by the laws of the United States. Xanadu will not knowingly do business with direct suppliers that treat workers improperly or unlawfully, including, without limitation, those that engage in human trafficking, child labor, slavery or any other unlawful employment practices. By contract, Xanadu requires that its suppliers comply with all applicable laws including those prohibiting the use of slavery or human trafficking or other forced labor in the production of goods and services supplied to the company.
In addition, Xanadu is keen to warning signs for human trafficking and/or slavery in its direct supply chain, and steps we can take in working with suppliers to reduce the possibility that Xanadu Holdings, LLC might ever contract with businesses that treat employees improperly or unlawfully. Xanadu does not currently engage in additional steps to verify the direct supply chain to evaluate and address the risks of human trafficking and/or slavery, nor does the company audit its suppliers to determine whether they are engaging in human trafficking and/or slavery.
Xanadu only does business with companies that originate and produce their products and or services in the United States. If for any reason we believe that the Business Ethics and Conduct Guidelines may have been violated anywhere in our supply chain, we will investigate and take appropriate action to remedy the situation. Any employee that knowingly contracts with any such a supplier will be subject to discipline, which may include termination. Xanadu is committed to making a strong positive contribution to the communities and people served by the company and its employees.
12. ONLINE SUPPORT CENTER
When you buy a Xanadu product, you become a valued, lifelong customer. Any issue(s) you might have with our product(s), should be emailed to [email protected] where one of our happy team members will be able to assist you.
13. CUSTOMER SERVICE
At Xanadu, we're dedicated to better health, and better service. Our goal is to provide you with exceptional service for your Xanadu products with better service. At any time, if you experience a problem with a Xanadu product, we're ready to help. For questions about your product, please email [email protected]
14. TELEPHONE COMMUNICATIONS
Telephone communications with us, including calls with any of our agents or independent contractors, are routinely monitored and/or recorded. You expressly consent, on behalf of yourself and other users of your phone number, to being monitored or recorded. By providing us with a phone number (including mobile) as your contact number, you expressly authorize us to contact you regarding your account for non-telemarketing communications, via text message or telephone, including the use of prerecorded or auto-dialed calls, using that number.