Terms of Service
Welcome to The Clearance Store, a division of Special Event Rentals, the online store that specializes in selling used and retired big party and event equipment of good quality at low cost.
This The Clearance Store Terms of Service (this "TOS") governs your use of our The Clearance Store websites, applications, products and services, and your purchase of any event equipment (the "Services"). By using and accessing the Services, you agree to be bound by and comply with this TOS, all applicable laws and regulations and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
For the purpose of this TOS "you" and "your" shall mean either you as an individual or the entity or person on whose behalf you are accepting this TOS. "We", "us", and "our" shall mean Special Event Rentals and The Clearance Store including our representatives, salespeople, affiliates, members, officers, and employees. You represent that you are authorized to accept this TOS.
Account Set Up and Data
We need certain information about you to create your account ("Account Data"). Please keep your Account Data accurate and current at all times. Edit it at any time by logging in to your account at https://clearance18.wixsite.com/mysite/account/my-account.
You are responsible for the safekeeping of your password and account and are responsible for all activities, sales, and purchases that occur under your password or account.
Please Don't Abuse Others or Our Service
You agree to not:
fail to deliver payment for items you purchase;
"crawl," "scrape," or "spider" any page, data, or a portion of or relating to the Services (through use of manual or automated means);
engage in any unsolicited or unauthorized advertising, "spamming" or "chain letters," or any other form of solicitation;
abuse or harass another using the Service;
interfere with or disrupt the Service or servers or networks connected to the Service; or
intentionally or unintentionally violate any applicable local, state, national or international law;
access the Service (a) by any means other than through the interface that is provided, or (b) through any automated means (including the use of bots, scripts or web crawlers);
override or circumvent any security components or violate any usage rules relating to the protection of materials or technology on the Service; or
transmit or make available any harmful material.
All right, title and interest to the Service (which includes any of our content or materials made available via the Service, the Service's look and feel, the designs, service marks, trademarks and trade names displayed on the Service) are our property, our affiliates or users, and are protected by copyrights, trademarks or other proprietary rights and laws.
Permission is granted to temporarily download one copy of the materials (information or software) on our website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not use, copy, modify create a derivative work from, reverse engineer, sell, assign, or other transfer any right, of any part of the Service without the prior written consent of an authorized manager of our company.
You agree to only use the Service for personal purposes, and not for any unintended use of the Service. You agree not to reproduce, duplicate, copy, sell, trade, resell, frame, or exploit for any commercial purposes, any portion of the Service.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Third Party Charges
You are solely responsible for any fees or charges incurred to access the Service through an internet access or mobile access provider, or other third parties.
You agree to indemnify and hold us harmless of, from, and against any claims, loss, cost, damages, attorney's fees and/or liability in connection with the hiring and use of the equipment you purchased regardless of whether a lawsuit is filed in the event a suit is instituted by us to recover possession of said equipment or to enforce any of the terms, conditions or provisions hereof. You agree to pay all costs and reasonable attorney's fees that we incur in connection therewith.
Accuracy of Materials
The materials appearing on The Clearance Store's website could include technical, typographical, or photographic errors. The Clearance Store does not warrant that any of the materials on its website are accurate, complete or current. The Clearance Store may make changes to the materials contained on its website at any time without notice. However, The Clearance Store does not make any commitment to update the materials.
You acknowledge that products described as "USED" which is the subject of this sale is a "used Product" and is being sold on an "as is" and "with all faults" basis. We will not accept returns, refunds or exchange request in regards to the used products that were purchased.
We as the seller make NO expressed warranties of MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE and we do NOT make any implied warranties of MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE or any other warranties unless we have so provided in writing is signed by our AUTHORIZED REPRESENTATIVE.
You hereby acknowledge that you have read all the above terms and conditions of sales and that you understand that this is an "as is" sale of used goods.
When you pay a deposit you are paying in part for a product (or service). Paying a deposit shows that you intend to buy the item and it means you are entering into a contract with us by which we will hold the items you paid the deposit to. We require at least 50% of the total amount due. An invoice will be sent to you as a receipt.
By paying the deposit you also agree to pick up your whole order 30 days after your first payment. If the 30 days passed without a pickup, we will bring back the item you ordered to sell to somebody else and we will refund your deposit back in full.
We do not require deposits to hold a product for charge accounts. Please refer to Order Confirmation (Charge Accounts) below for details.
Full payment is required to fulfill and confirm an order that includes order picking, inspection, and delivery, shipment and/or store pickup. We accept cash, cheques, direct deposits, credit and debit card payments. Cheques must be received by us to proceed with your order. Direct deposit must be received with our bank confirmation to proceed with the order. For credit card payments, you are required to fill up a Credit Card Authorization form to confirm your order - this requires you to send a photo or photocopy of your credit card.
A charge account is a setup to creditworthy customers, who agree to pay within 30 days after the date of the invoice. We at least need a great purchase or rent history to get you approved. To submit a request, you can fill this Charge Account Information form and submit it back to us.
Once approved of the charge account request, you can confirm your order with no payment. We only require either an authorized personnel to contact us with confirmation or a purchase order, whichever you requested during the initial setup of your account.
GOODS REMAIN TO BE OUR PROPERTY UNTIL THEY ARE PAID IN FULL.
Delivery services are available within the city of Edmonton and its surrounding towns. The basic delivery charge in Edmonton is $59 for a full day window delivery (8:30 am - 5 pm). Deliveries less than the full day window will be charged for an additional cost. The basic delivery charge for surrounding towns differs on distances. Contact our team for more information.
For deliveries outside the Greater Edmonton Area, please see Shipping Terms below.
Shipping services are available through a 3rd Party carrier ("3PC"). We select the lowest cost from a number of our 3PC partners. Unless you specify, the freight cost is for basic shipping only which includes pickup from Edmonton and delivery to a business/industrial area with a loading dock or a forklift to unload within a full business day window (8:30 am - 5 pm). You are responsible for unloading your order from the 3PC's truck or trailer. The average maximum time to unload is 30 minutes (this varies between each 3PCs. You should contact the 3PC to get their maximum unloading time) and is suggested to be hand bombed unless you have a forklift to unload the pallet.
You are responsible for requesting additional delivery services. Delivery services such as residential, school, construction site, downtown, limited access, inside and tradeshow deliveries, power tailgate, after hours, flat deck, appointments, and driver's assistance are additional costs on top of the basic shipping charges. Residential and power tailgate services entail curbside delivery only. Power tailgate service can't be added if the pallet exceeds the maximum length of 96 inches. Additional services at the time of delivery shall be billed to you.
Estimated Time of Arrival ("ETA") given by the representative is only an estimate given by the 3PC. We are not responsible for the performance of the 3PCs including missed pickups and late delivery. We are also not responsible for delays such as (but not limited to) weather conditions, traffic, or accidents during the delivery.
Damages during Delivery
We ensure the protection of your items from possible transportation damaged before the 3PC's pickup. These protections may include but not limited to palletizing and shrink wrapping. Damages incurred during 3PC's transportation will not be our responsibility. Damages of used items during 3PC delivery and transportation may not be subject to damage claims due to the difficulty to prove it happened while in their possession - however, we still suggest you confirm with the 3PCs.
It is your responsibility to check the shipment for damages and handling of the units before signing for the delivery including concealed damages. You have to note any of these damages to the Bill of Lading (for shipments) or to the driver's paperwork (for deliveries) and document them with photographs.
You are also responsible for counting and double checking the accuracy of your order. Shortages and errors must be reported to us within 7 days of acceptance.
The Clearance Store has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply our endorsement of the site. Use of any such linked website is at the user's own risk.
Modifications to Service
We reserve the right to change or modify the Service, any of the terms and conditions contained in this TOS, or any policy governing the Service at any time without notice.
You are responsible for regularly reviewing any updates to this TOS at https://clearance18.wixsite.com/mysite/terms-of-service. Any changes or modifications to this TOS will become binding after your continued use of the Service after such terms have been updated by us. We may elect to provide you with customer support, in its sole discretion, and may terminate such support at any time without notice.
We may provide you with notices, including those regarding changes to this TOS, including but not limited to by email, regular mail, text message, postings on the Service, or other reasonable means now known or developed later.
You agree that we may terminate your The Clearance Store account and access to the Service at any time, without notice, for any reason, including but not be limited to, (a) breaches or violations of this TOS and documents incorporated by reference, or any other agreement you have entered into with us, (b) requests by law enforcement or other government agencies, (c) a request by you to delete your account, (d) discontinuance or material modification to the Service, (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, or (h) nonpayment of any fees owed by you in connection with the Services. You agree that we shall not be liable to you or any third party for any termination of your account or access to the Service.
Your use of the Service is at your sole risk. The materials on The Clearance Store's website are provided on an 'as is' and 'as available' basis. We make no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site. We also do not warrant the Service will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components.
Limitation of Liability
In no event shall we or our suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Service on The Clearance Store's website, even if we or our authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
These terms and conditions are governed by and construed in accordance with the laws of Alberta and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
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Version: June 2018