Smith Walbridge Band Products :: Terms and Conditions

Terms and Conditions

Smith Walbridge Band Products Terms & Conditions

Entire Agreement

Other than as specifically provided in any separate formal purchase agreement between you and Smith Walbridge Band Products (SWBP), these terms and conditions (this "Agreement") apply to all of your online purchases from the website at www.swbandproducts.com (the "Site") and may NOT be altered, supplemented, or amended by you through the use of any other document(s). Any attempt to alter, supplement, or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and SWBP.

Acceptance

By purchasing products and/or services from the Site, you agree to be bound by and accept this Agreement. Orders are not binding upon SWBP until accepted by SWBP. We reserve the right to refuse service to anyone. SWBP will indicate its acceptance of an order by acknowledging your order by reply email or by shipping the ordered items to you.

Pricing and Availability

Because prices, product descriptions, and availability can change quickly, SWBP does not warrant the accuracy or completeness of the information provided on the Site. Because some items are drop shipped, availability to purchase on our website does not guarantee that the item is available in inventory. The term "in stock" refers to the product being a standard production item and not a made-to-order product.

Payment Terms—Orders

Internet orders may be paid for using the following methods: VISA, MasterCard, American Express, and Discover. SWBP will not charge a credit card more than the amount indicated on the receipt/ invoice, unless the purchaser makes a change to the order and authorizes the charge or credit. Once an order is submitted for payment and payment clears the payment gateway (Authorize.net), the order can not be changed or cancelled. Orders placed after shipping hours (4PM CST) or on Saturday and Sundays may be able to be cancelled if notification is received and confirmed by a customer service representative before start of the following business day. Custom orders or items that ship with an indicated lead time can not be cancelled or refunded.
 
SPECIAL CONDITION FOR PURCHASES OVER $1000: Cancellations must be made and confirmed by SWBP before order the order is processed for shipping. If order has been processed and shipped, the standard return policy procedures apply. Standard policy is that all cancellations or returns after the date of purchase will be refunded by check. Cancellations or refunds to purchaser credit card is available by special request, but is subject to a 3% processing fee.
 
In addition to credit cards, for phone or mail orders you may pay by purchase order, money orders, cashier's checks, and personal checks. Just call us at 877-286-9925 to place your order or select the appropriate option upon your online checkout. Purchase Orders are only accepted from a business, school, or government agency and must be faxed to us at 877-840-8179. SWBP reserves the right to to refuse purchase orders for any reason. Purchase orders not paid after 30 days from shipment are subject to a 20.00 late fee and 5% finance charge, accruing from the date of purchase. Purchase orders not paid after 90 days will be turned over to a collection agency. All orders paid by check will not ship until the check clears our bank.
 
  Shipping Dates  
 
Many custom items listed on this web site will list a shipping time-frame. All shipping timeframes are approximate and are not promissory or contractual. Shipping timeframes can change at any time for any reason, and can be longer than indicated during peak season (July through September). SWBP can not guarantee a specific delivery date on these items, and purchase does not imply or bind SWBP to a specific delivery date. Please refer to our Return Policy on custom items.

Shipping Charges—Taxes and Title

Separate charges for shipping and handling will be shown on your order form. Most orders for in stock items placed before 12 pm EST ship within 24 hours (Mon-Fri). Order placed on Saturdays, Sundays, or holidays will be processed the next business day. As a security precaution, initial orders and orders shipping to alternate addresses may be held for extended verification. We reserve the right to make partial shipments, which will not relieve you of your obligation to pay for the remaining deliveries. Shipping charges are not refundable once an order leaves the warehouse, with the exception of defective product or SWBP processing errors. We recommend that any expedited means of shipping be placed via phone in order to confirm desired delivery date. During peak ordering periods, expedited shipping methods (2nd Day Air, Next Day Air, Next Day Air Saver) placed after 12 pm EST may not ship out until the following business day. Selecting expedited shipping does change production time of custom or production items. Expedited shipping methods are not refundable, but are subject to the refund policy of UPS in the occurrence that UPS does not honor the delivery date. When applicable, SWBP may switch some residential UPS ground deliveries to UPS Surepost or USPS.

Should the site calculate a significant error in shipping calculation, the customer will be notified of any needed adjustments. An additional charge will not be added to the order without customer authorization. If a customer declines any shipping adjustments, SWBP will cancel the order and refund the full purchase amount back to the credit used on the purchase.

If customer provides an incorrect address or information related to shipment, the customer will be responsible for any correction charges levied by the carrier to SWBP.

All items purchased from SWBP and SWBP suppliers are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to the customer upon our delivery to the carrier. Signature confirmation service is provided at the request of the customer, and SWBP is not responsible for any lost or stolen packages as a result of not requesting signature service. In certain cases, SWBP may require signature confirmation on certain orders. Customers will have 14 days to report a lost, stolen, or misdelivered package to SWBP. All lost, stolen, or damaged shipments must follow the terms and conditions of the carrier's (UPS, Fed Ex, or USPS) claims process. SWBP will issue a claim refund or replacement if and when the carrier approves the claim. The claims process can take up to (8) business days or longer. SWBP will not issue refunds or replacements on denied claims. Replacement claims are subject to production lead time at the time of the replacement request, and can not be expedited.
 
Items that ship via truck freight require that the customer sign a Bill of Lading upon delivery. Customer is responsible for inspecting and noting all damage on the Bill of Lading. Once the Bill of Lading is signed, customer relieves the freight carrier and Smith Walbridge Band Products of any damage liability not noted. Damaged items that are noted on the Bill of Lading will be subject to the claims and resolution process as determined by the freight carrier and manufacturer.
 
If applicable, a separate charge for taxes will be shown on the invoice. We are required to collect sales tax on all orders shipped to Tennessee. If you are shipping an item to Tennessee, then you will be charged the applicable local sales tax rates. If you are a tax exempt organization, please indicate your tax number during the online check out. We will deduct the sales tax on the final invoice. If you are a tax exempt organization and wish to purchase products online via credit card, you must register and then contact us via phone to switch your online account to tax exempt.
 
Shipping charges for orders going to Canada do not include UPS brokerage fees and VAT. UPS will contact the customer to schedule a delivery and to collect those fees. If UPS is unable to deliver the order and collect brokerage fees and VAT, the order will be returned to SWBP. Any return shipping costs for undeliverable orders will be deducted from the refund.
 
Customers are responsible for entering and reviewing the shipping address for accuracy. If UPS has to redirect the package as a result of an incorrectly entered shipping address, cIf a package is delivered to an incorrect address resulting from an inaccurate customer address entry, the customer will be financially liable for all costs associated with the order (no refunds or free replacement orders).
 
In 2016, UPS implemented the "Access Point" service. In certain areas, the driver has the discretion to deliver your order to an access point if a person is not at the address to receive the package. The customer will need to retrieve this package at the access point within the timeframe stated on the tracking information. It is the responsibility of the customer to follow the tracking and retrieve the package within that timeframe. If the package is not retrieved and UPS sends the package back to SWBP, the customer will be responsible for a $12 redirect fee, which will be deducted off the refund. The original shipping charges will not be refundable. SWBP is not able to opt out of this service. Any concerns or complaints about the access point service should be directed to UPS Customer Service.

Limited Warranty

Smith Walbridge does not directly warranty the products sold. All products are guaranteed to be delivered new and free of damage. Any defects or shipping damage must be reported within 14 business days of delivery. Items reported within this time frame will be replaced free of charge, but will require that the damaged or defective item be returned within 30 days. All other warranties will vary by manufacturer, and is subject to their warranty terms and conditions. All warranty and claim approvals are at the discretion of the manufacturer and their policies. For warranty and/or approved replacements after 14 days, customer is responsible for shipping the item back to the manufacturer. The manufacturer will cover the return shipping of the repaired or replaced product. Damage or failure resulting from normal "wear and tear" or use outside the product's designed intent are not covered by any warranty.

Return Policy

All returns and exchanges must be returned to a specific address accompanied by an RA number, we which we provide when requested. Unaltered merchandise must be returned within 30 days from purchase. DO NOT RETURN THE MERCHANDISE TO OUR TN OFFICE ADDRESS. The customer is responsible for all charges involved with returns (with the exception of defective or incorrect items). Refunds will be credited after the item arrives and is inspected. All returns must be in new condition and accompanied with unaltered original packaging. Damaged or used items will not be refunded, and customer is responsible for outgoing shipping if the customer would like the item returned. Shipping charges are not refundable unless the merchandise is defective, or if incorrect items were sent.  Because sizing can vary from brand to brand in the apparel industry, sizing discrepancies on shoes and clothing are not considered a defect and standard return policy applies.

All sales final on custom or made-to-order items including clothing, guard wear, banners, custom flags, non-stock digital print flags flags, box cords, custom poms, and drum major batons and maces, taped rifles, etc.

Concert Wear products are not refundable . (Tuxedos, Dresses, Pants, and accessories)Exchanges can be made if an RA is obtained within 14 days. All clothing must be returned in new condition in original box. Customer is responsible for all shipping charges related to the size exchange. Opened tuxedo shirts cannot be exchanged or returned.

Holloway Sportwear products, concert Wear, Anchor Audio products, Poms, Amplivox products, and Sound Projections products have a 10% restocking fee. Other terms and conditions on may be noted on the product page.
 
Large items that ship via truck freight can not be returned unless the distributor agrees a return authorization. Restocking fees may apply. Customer will be responsible for arranging and paying for return freight, and is liable for any damages to the product while in transit.
 
A 10% restocking fee will apply to DSI (Directors Showcase) and Styleplus products on cancellations or returns of bulk orders, or any order that requires additional staging and packaging. This will be determined on a case by case basis. Some podiums will have a restocking fee of 20%. No credit will be issued on any items that are not returned in new condition.
 
Refusing delivery of an order is not an authorized procedure for returns. Shipments that are refused will be assessed a $12.50 charge plus the UPS/Fed Ex cost for return shipment, and will be deducted from the refund amount.
 
CLEARANCE ITEMS CAN NOT BE RETURNED OR EXCHANGED
 

Refunds

 
Refunds issued to credit cards generally take 14 business days from the date the returned item(s) arrive to the warehouse. Refunds can only be credited to the card used on orginal purchase. During peak season (July through September), refunds can take up to 30 days from receipt of return. SWBP is not responsible for lost or damaged return shipments, and recommends that the customer insures the return shipment with a tracking number. Providing a tracking number or delivery confirmation to SWBP may be able expedite the refund process when the customer sends the delivery information via the Contact Us form. Once the refund request is submitted by to SWBP to the cardholder's issuing bank,it can take approximately  1-3 business days to show up on the customer's statement.

Limitation of Liability

SWBP DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. SWBP WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR STATUTORY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, SWBP SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS OR SERVICES UNDER THIS AGREEMENT GIVING RISE TO SUCH LIABILITY. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Privacy Statement

Information provided by the customer will only be used for purposes related to processing the customer's order. SWBP will not share, sell, or loan personal information under any circumstance or condition. This includes, but not limited to name, address, phone number, email address, and credit card information.

Customer Conduct  

 SWBP reserves the right to cancel an order at any time for any reason. This includes but is not limited to electronic or verbal remarks that SWBP deems abusive, derogatory, libelous, threatening (physical, legal, or financial) or profane.

Credit Card Payments and Shipping Addresses
SWBP reserves the right to cancel an order if the AVS does not match the billing address of the cardholder.