Terms of Sale

Date of Last Update: October 20, 2017

 

These terms of sale (the “Terms”) apply to all orders accepted by ThreeSixty Brands Group, LLC, owner of the FAO Schwarz trademark and brand (“FAO Schwarz”) for the sale of its products and services (the “Products”), except in the case that you and FAO Schwarz have executed a written agreement that supersedes these Terms.  To the extent the Products contain or consist of software in any form (“Product Software”), such Product Software is licensed to you, not sold, and only in accordance with the section below entitled “Software License” and a separate product software license agreement.  Each mobile software application (“Application Software”) that can be used with the Products is licensed to you, not sold, in accordance with its application software license.  Terms such as “sell” and “purchase,” as used in these Terms, apply only to the extent the Products consist of items other than Product Software and Application Software.

 

ORDERING FROM FAO.COM

 

ORDERS

You can browse and place orders for our Products through, www.FAO.com (“FAO.com”).  We will ask you for your name, phone number, e-mail address, shipping and billing address and other information so we can fulfill your order.  When you place an order, FAO Schwarz’s third-party payment service provider will collect your credit card details and charge your credit card account in connection with the order, and you agree to make all applicable payments in connection with any order placed by you.  FAO Schwarz does not view or store your credit card information.  We store your shipping address so we can process your order.  If you are logged into your FAO Schwarz account when you purchase something from FAO.com, we associate that order with your FAO Schwarz account.  For more information on FAO Schwarz’s data use practices please see the FAO Schwarz’s Privacy Policy.

 

By placing an order through FAO.com, you agree that: (i) any credit card information supplied by you is true and complete; and (ii) you will pay the applicable price listed, as well as any shipping and handling charges and applicable taxes. Products purchased by you are for personal or gift use and not for commercial use.

 

PRICING

FAO Schwarz can withdraw Products from FAO.com at any time and for any reason. Prices listed through FAO.com are stated in U.S. dollars, and do not include any shipping and handling charges or applicable taxes, unless otherwise stated.  All shipping and handling charges and taxes will be communicated to you before you place an order and you are responsible for paying such charges and taxes to FAO Schwarz.  You agree to indemnify and hold FAO Schwarz harmless from and against any liabilities, interest, penalties or fees assessed against FAO Schwarz arising from your failure to pay any such taxes and charges.  All Product prices are subject to change at any time, in our sole discretion.

 

ACCEPTANCE & FULFILLMENT

All orders are subject to acceptance by FAO Schwarz.  After you place an order, you will receive an email from FAO Schwarz confirming that FAO Schwarz has received it.  Acceptance of your order will occur upon your receipt of another email from FAO Schwarz containing a shipping confirmation, tracking number and carrier information.  If an order is on back order, we will send you an email indicating that this is the case, followed by another email when the items in question are back in stock, containing a shipping confirmation, tracking number and carrier information.  FAO Schwarz, in its sole discretion, reserves the right not to accept your order for any reason or no reason. FAO Schwarz reserves the right to restrict multiple quantities of a Product being shipped to any one customer or postal address.

 

RESALE

Purchases made through FAO.com are intended for end users only, and are not authorized for resale.

 

SHIPPING & DELIVERY

FAO Schwarz will pack the Products in accordance with its standard practices.  You can choose the method of shipment and timing of delivery for Products ordered, and will be charged shipping and handling charges accordingly.  Title to the Products (except to the extent that the Products consist of Product Software and Application Software) and risk of loss will pass to you upon FAO Schwarz's delivery of the Products to the shipping carrier.  You acknowledge that all scheduled shipment dates are estimates only.  FAO Schwarz will make reasonable efforts to meet the scheduled shipment dates, but in no event will FAO Schwarz be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery.

 

ADDITIONAL TERMS - PRE-ORDERS

 

Low Price Guarantee

If you pre-order any product, and if the price drops before the release date, you will be charged the lower price.

 

Payment Processing

Your credit card will be charged only when your order is processed.  In some cases, we will process your order and authorize your credit card up to 10 days before the release of the Product.  This allows us to get the product to you faster.

 

Availability

The manufacturer may limit the amount of Product initially available.  If this happens, we will process the online orders in the order in which they were received.

 

Delivery

Orders containing both pre-orders and in-stock merchandise may be broken into separate shipping groups.  Each group will be shipped as soon as the merchandise becomes available.  Handling charges will apply to each shipping group independently.

 

In an effort to ship pre-orders as quickly as possible, sometimes we use external resources to "drop ship" merchandise to you directly from the source.  This eliminates the time it takes to ship product to our warehouse before shipping it to you.  Due to the tight time constraints, some orders will not make it into our drop ship process.  Those orders are shipped directly from us, usually on the following business day.

 

Some of the order types that will typically miss our drop ship process are:

  Pre-orders placed too close to the release date (cut-off dates are normally three or four days in advance of the ship date).

  P.O. Box, APO/FPO, and value shipping.

  Pre-orders that fail our credit authorization process.

 

Pre-order Release Dates

We always strive to post the best release date information available at the time of our posting of Products.

 

Promotional Items

From time to time, FAO Schwarz will offer one or more special promotional items with an order.  Due to limited availability, these items are only available while supplies last.

 

RETURN POLICY

If you are unsatisfied with any Product purchased from FAO.com for any reason, you will have 30 days from the date of purchase to request a full refund.  For full details on the return process, please see our Return Policy.

 

LIMITED PRODUCT WARRANTY

FAO Schwarz warrants to the original purchaser that your Product shall be free from defects in materials and workmanship under normal use for a period of 30 days from the date of purchase.  For full details on the Limited Warranty, please see our Return Policy.

 

COMPATIBILITY

You acknowledge that you have verified the compatibility of the Products you are purchasing with other required equipment (e.g., ensuring that your computers, mobile devices and/or operating systems are compatible with the Product).  You are solely responsible for determining the compatibility of the Products with other equipment, and you accept that lack of compatibility is not a valid claim under the warranty provided with the Products you purchased and does not otherwise constitute a basis for receiving a refund after the expiration of the 30 day refund policy identified above.

 

LIMITATIONS ON LIABILITY

IN NO EVENT WILL FAO SCHWARZ BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, USE, PROFITS, DATA, OR GOODWILL) OR COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS OR THE PURCHASE, SALE, USE, OPERATION OR PERFORMANCE OF THE PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WHETHER OR NOT FAO SCHWARZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.  FAO SCHWARZ AND YOU HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  IN NO EVENT WILL FAO SCHWARZ’S LIABILITY TO YOU ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS AND PURCHASE OF PRODUCTS, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED THE ACTUAL AMOUNT PAID TO FAO SCHWARZ BY YOU FOR THE PRODUCT THAT GIVES RISE TO THE CLAIM.

 

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.  In such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SOFTWARE LICENSE

FAO Schwarz grants to you a non-exclusive, non-transferable and non-sublicensable license to use Product Software and Application Software, in executable form, solely as embedded in, or in connection with the Products, solely for your individual, non-commercial use.  You may not copy or modify Product Software and Application Software.  You acknowledge and agree that the Product Software and Application Software contains trade secrets and copyrighted materials of FAO Schwarz or its licensor, and, in order to protect such trade secrets and copyrights, you agree not to disassemble, decompile or reverse engineer the Product Software or the Applications Software nor permit any third party to do so.  You further acknowledge and agree that you will not copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit or broadcast the Product Software or the Application Software.  FAO Schwarz reserves all rights and licenses in and to the Product Software and the Application Software not expressly granted to you under these Terms or any software license.

 

GOVERNING LAW AND DISPUTE RESOLUTION

The law applicable to the interpretation and construction of these Terms and any transaction (including purchases made on FAO.COM) using or related to the FAO.COM, shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of California, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to your access to or use of FAO.COM, including all disputes, will be governed by the laws of the United States and by the laws of the State of California.

 

You agree that any disputes and judicial proceeding (including arbitration proceedings) will be brought in Orange County, California.  Both you and FAO Schwarz consent to venue and personal jurisdiction there.  We both agree to waive our right to a jury trial.

 

You further agree that you may only resolve disputes with FAO Schwarz on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.  Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement and these Terms.

 

GENERAL PROVISIONS

The parties expressly disclaim application of the United Nations Convention on Contracts for the International Sale of Goods.

 

You may not assign or transfer these Terms, or any order accepted by FAO Schwarz hereunder, in whole or in part, by operation of law or otherwise, without FAO Schwarz’s express prior written consent.  Any attempt to do so, without FAO Schwarz’s consent, will be null and of no effect. FAO Schwarz may freely assign these Terms.

 

FAO Schwarz will not be responsible for any failure or delay in its performance under these Terms due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riot, or acts of God.

 

The failure by FAO Schwarz to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

 

These Terms constitute the complete and exclusive agreement between FAO Schwarz and you regarding its subject matter and supersedes all prior or contemporaneous quotations, agreements, communications or understandings, whether written or oral, relating to its subject matter.  Any waiver, modification or amendment of any provision of these Terms will be effective only if in writing and signed by duly authorized representatives of each party.

 

You will not export or re-export, directly or indirectly, the Products, or any technical information related thereto, or any direct products thereof, to any destination or person prohibited or restricted by the export control laws and regulations of the United States, without the prior authorization from the appropriate governmental authorities.

 

All notices required or permitted to be given under these Terms will be in writing and will be deemed given: (i) upon actual delivery, if made by personal service; (ii) three (3) days after mailing, if made by U.S. certified or registered mail; (iii) one (1) business day after delivery to the courier or overnight delivery service, if made by courier or overnight delivery service; and (iv) upon receipt if sent via email. All notices will be addressed to such address as the party who is to receive the notice so designates by written notice to the other.