TERMS and CONDITIONS

BY BIDDING ON THIS ITEM YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE to abide by the terms and conditions detailed below

1. DESCRIPTION OF GOODS BY SELLER: Seller agrees to make every reasonable and practical effort to fairly and accurately describe items put up for bid or sale.

2. ALL SALES ARE FINAL: All sales are considered final. A Refund will only be issued if Seller fails, for any reason, to ship cabinet to buyer. CABINETS THAT ARE DAMAGED IN TRANSIT ARE COVERED BY SELLER’S REPLACEMENT GUARANTEE. Buyer agrees that they will not bid on this cabinet if they are unwilling – no matter the circumstances - to accept a replacement cabinet (in lieu of a refund) if the cabinet they order arrives damaged. 

3. CABINET REPLACEMENT GUARANTEE: Cabinets are guaranteed to arrive unbroken; so if a buyer receives a cabinet that has been damaged in shipment, the seller agrees to REPLACE the broken cabinet with a new piece. In order for Buyer to receive the replacement cabinet, the buyer MUST actually send the broken cabinet back to the seller, and follow the procedures outlined in part 4 of these terms and conditions.  

4. CABINET REPLACEMENT GUARANTEE: SHIPPING COSTS:

If a cabinet is shipped via Fedex Ground and it arrives broken, buyer agrees to place the cabinet back into it’s shipping container and to notify seller. Seller agrees to then make arrangements to have Fedex Ground pickup the cabinet for return to the seller (at no expense to buyer). Buyer agrees to facilitate efficient pickup by Fedex. Fedex reimburses me for the wholesale cost of any broken cabinets they break in transit; however, any buyer who receives a cabinet broken in transit, who files their own damage claim from Fedex, forfeits the right to also ask me for a replacement cabinet. Fedex will likely reject the claim, and then subsequentlt refuse to allow me to file my own damage claim. So, this is not a complicated process if simple our simple guidelines followed (basically notify us of damage, and do not file own fedex damage claim).

If a cabinet is shipped via USPS and it arrives broken, seller can go to any post office, and USPS will ship the cabinet back to seller for exactly what it cost to ship initially (using the same box and packing materials). Seller agrees to reimburse buyer for USPS shipping costs when a cabinet is returned in this manner. Seller only agrees to reimburse buyer for actual cost of return shipping via USPS since packing supplies (packing peanuts, bubble wrap etc) are re-used for return shipment. Seller only agrees to reimburse buyer AFTER a broken cabinet is actually returned to seller. Seller agrees to also reimburse the buyer the cost of priority mail or first class package tracking (not registered or certified mail services). Seller does not agree to reimburse any buyer for any shipping costs incurred by buyer who ships a cabinet back to seller by some alternative method of their choice (other than the method and service used by seller to initially ship cabinet to buyer).

5. BUYER NOT RESPONSIBLE FOR ANY CONSEQUENTIAL DAMAGES RELATED TO CABINET THAT ARRIVES DAMAGED AND WHICH MUST BE REPLACED: Seller agrees to make every effort to pack every cabinet in as safe as manner as possible, but it is inevitable some cabinets will arrive broken no matter how careful we pack it. Any buyer who follows our simple return guidelines - outlined in section 4 - will receive a replacement cabinet without any out-of-pocket costs, or undue hassle. That said, the replacement process takes time. First, I call fedex and schedule and inspection and pickup of the broken cabinet. I then notify the buyer of the time when fedex will likely come by to see and pick-up the broken unit. As long as the time is OK for all parties, then fedex will come by, check out the cabinet, and take it away. We ask that buyers have any broken cabinet re-packed as well as possible without taking any chances with glass that is broken, so the fedx driver can take it away efficiently. After the cabinet arrives back in San Diego, we pack a replacement and ship the same. So, if a buyer is on the East Coast, it can take approximately 3 weeks for the replacement process to be completed. Approximately 5% of cabinets shipped by us arrive broken, so the chances of receiving a broken replacement cabinet are very low; however anything is possible. If that happens, we follow the same process, and try again until an intact cabinet is shipped sucessfully to the buyer. As outlined here, the replacement process takes some time. Buyer of any cabinet, subject to these terms and conditions, agrees to hold SanDiegoStuff, WithGlass and all associated companies owned by HorseHead Marketing harmless, and agrees to not seek or claim any damages related to or concerning ANY EVENT such as Birthdays or holidays that a cabinet is intended to be used at, or where it is intended to be given as a gift to third party. Buyer agrees this clause is effective, whether or not seller is notified by buyer of any special use or purpose related to reason for buying item in question.

6. SELLER NOT RESPONSIBLE FOR DAMAGE CAUSED BY BROKEN GLASS: Buyers agree that they understand that display glass used to make cabinets and other pieces sold by SandiegoStuff cannot be made from bullet-proof or breakproof glass (if such a thing exists); and therefore, they agree that by buying this cabinet they agree to hold seller harmless for any damages that may incur if the cabinet glass is mishandled or broken in any manner and any person or property is harmed by broken glass. 

7(b). SAFETY NOTES: Please be careful when mounting this cabinet on a wall. I recommend having an experienced handyman or building contractor mount this cabinet so it will never fall off the wall. Most walls in modern building will not hold the weight of a large heavy cabinet unless the mounting hardware or screw is placed in a ‘stud’ (a hard to find spot where solid wood backs up the crumbly or lightweight wallboard material). A professional contractor can locate the ‘studs’ in your wall. Also: cabinets of this type should be placed outside of the reach of children and never in a location where a earthquake or other event could cause the cabinet to fall and break. Be extra careful when carrying this cabinet that you have  aclear path and you don’t trip or fall with it in your arms.

8. JURISDICTION IN CASE OF LITIGATION: Buyer and seller agree that The Superior Court of San Diego, County California will have jurisdiction to hear any and all claims related to the conduct of this auction or any damages claims related to the sale of the product. If federal jurisdiction is invoked by Seller, or party in conflict with Seller, the District Federal Court located in San Diego, California will have sole jurisdiction. Seller's prices reflect and contemplate that the seller not be required to leave San diego County to defend against any legal actions, THEREFORE, IF JURISDICTION IN SAN DIEGO CALIFORNIA IS NOT ACCETABLE TO A BUYER THEN BUYER AGREES NOT TO BID ON OR PURCHASE ANY ITEM PUT UP FOR AUCTION OR SALE BY SELLER.

9. UNENFORCEABLE CONTRACT CLAUSES DO NOT VOID ENTIRE CONTRACT: If any court of competent jurisdiction rules any clause contained in this contract is unenforceable, the remainder of the contract remains effective and enforceable.