Sonic Circus – Privacy Policy | Standard Terms and Condition of Sale

Online Privacy Policy

For each visitor to our Web page, our Web server automatically recognizes only the consumer's domain name. Our server does not recognize email addresses until an email address is manually submitted to us through one of our forms.

We collect only the domain name, but not the email address of visitors to our web page, the email addresses of those who communicate with us via email, aggregate information on what pages consumers access or visit and information volunteered by the consumer, such as survey information and/or site registrations.

The information we collect is used to improve the content of our Web page and used by us to contact consumers for marketing purposes.

When you purchase an item from us or enter your email address on the Sonic Circus web site your information is stored in our database. You have authorized us to send you periodic emails where you can opt out at any time. If you do not want to receive email from us in the future, please let us know by sending email to us at the above address or calling us at the above telephone number or writing to us at the above address and telling us that you do not want to receive email from our company. You may also choose not to receive any emails from us when you enter your information by emailing us at the above address.

If you supply us with your postal address online you may receive periodic mailings from us with information on new products and services or upcoming events. If you do not wish to receive such mailings, please let us know by sending email to us at the above address or calling us at the above telephone number or writing to us at the above address.

Names acquired through our Web forms will be used for internal purposes only. When you purchase products from Sonic Circus your name will be added to our customer mailing list and may be rented to third parties.

If you are under the age of 18, please be sure you have parental consent before submitting any information or ordering any of our products.

When requesting that you cease to receive email or mail from us, Please provide us with your exact name, address, and email address. We will take reasonable commercial efforts to remove your name from our list.

Should you have further questions or concerns, please contact info@soniccircus.com

Payment Policy

Payment in full is due prior to delivery on all orders. We accept Visa, MasterCard and American Express. Other payment options include Pay Pal, Personal or Business Checks and Bank Wires. Approved Returns are subject to a 15% restocking fee and shipping charges are non refundable. All other sales are final.

STANDARD TERMS AND CONDITIONS OF SALE

1 - Delivery

All shipments shall be F.O.B Sonic Circus Distribution with Buyer paying all shipping costs, unless otherwise specified by Seller in writing. Title to goods shall pass to Buyer upon payment in full. Sonic Circus shall have no liability whatsoever regarding the shipment, including without limitation, selection of the carrier, and inadequacy of insurance, loss or damage to goods. Seller shall not be liable for delays in delivery. Seller shall be entitled to delay shipment for failure by Buyer to pay within preset payment terms.

2 - Return Policy

Approval must be obtained from Sonic Circus prior to return of any merchandise. All material returned without a Sonic Circus RA# (Return Authorization Number) will be subject to refusal by Seller. Any and all costs incurred in the shipping of a return are the sole responsibility of the Buyer. Any returned new merchandise will be subject to a 15% restocking fee. All returns must be made within 48 hours of delivery date, in their original condition along with manuals and all original packaging. Due to copyright legislation restrictions, opened computer software is not returnable. Items which are not in stock and are ordered from a manufacturer for a specific customer are not returnable.

3 - Terms

Terms of payment are pre-agreed by the Buyer and Seller, unless otherwise specified by Seller in writing. In most cases, terms will require pre-payment by credit card or company check. A company check will be accepted upon Buyer providing the Company’s Bank Reference. Foreign orders and large domestic orders will usually require a cashier’s check. Net terms will be provided at the sole discretion of the Seller. In most cases, these terms will be Net 10. In the event that payment is not received within a thirty-day period, any unpaid balance shall commence to bear interest at the rate of 1.5% per month from the 31st day after delivery. In the event that the Seller receives a check from the Buyer that is returned due to insufficient funds or stopped payment, Seller reserves the right to demand C.O.D. cash only or to withdraw from fulfilling Buyer’s orders until full restitution is made. A charge of $25 to Buyer will be made for all returned checks.

4 - Buyer Terms and Conditions

Seller desires to provide its customers prompt and efficient service. However, to negotiate individually the terms and conditions of each sales contract would substantially impair Seller’s ability to provide such service. Accordingly goods furnished and services rendered by Seller are sold only on the terms and conditions stated herein, not withstanding any terms or conditions on Buyer’s order. Seller’s performance of any contract is expressly made conditional on Buyer’s agreement to Seller’s Terms and Conditions of Sale, unless otherwise specifically agreed to in writing by Seller. In the absence of such an agreement, commencement of performance and/or delivery shall be for Buyer’s convenience only and shall not be decreed or construed to be acceptance of Buyer’s terms and conditions. If a contract is not earlier formed by mutual agreement in writing, acceptance of any goods or services by Buyer shall be deemed acceptance of the terms and conditions stated herein.

5 - Warranties and Remedies

Seller warrants that, at the time of delivery, the new goods covered hereby are in accordance with their manufacturer’s specifications, but makes no warranty with respect to the fitness of such products for Buyer’s particular requirements. Seller agrees or Seller shall elect, to credit the account of Buyer or replace without charge to Buyer all goods which at the time of delivery are not in accordance with the manufacturer’s specifications, but only if Buyer returns the goods to the Seller’s place of business within 48 hours of the date of delivery, in accordance with paragraph 2, in the original package, with all manuals and in good condition without the serial number or any part thereof altered, defaced, or removed and accompanied by a specification in writing of the defects involved. Buyer shall notify Seller in each instance when Buyer intends to return goods which Buyer believes are not in accordance with their manufacturer’s specifications, and Seller shall be entitled to examine such goods at Buyer’s facilities prior to return. Final inspection and determination whether the goods are in accordance with their manufacturer’s specifications shall be made either at the Seller’s place of business or may be based upon the manufacturer’s actual test report. Seller’s sole liability shall be to credit the account of Buyer or to replace goods which are not in accordance with their manufacturer’s specification in accordance with the terms herein, and in no event shall seller be liable for damage of any kind. The foregoing remedy as provided herein shall be the sole and exclusive remedy of the Buyer. If returned product is deemed to meet manufacturer’s specifications, and is fully functional, the Buyer will either be: 1) subject to a 15% restocking fee and be charged shipping costs for the return, if original goods were in stock at Sonic Circus, or will be 2) re-sent the goods, which are not returnable if ordered from a manufacturer for a specific customer (see 2 above).

USED or VINTAGE goods are sold in a serviced “as is” condition. No warranty or guarantee is implied unless stated in writing as to their serviceability or fitness for any purpose whatsoever. Buyer must satisfy himself or herself as to any purpose they wish to use the equipment for, as to its condition, its quality and its description. All sales are final if equipment is not returned within 48 hours after delivery and shall not be invalidated due to any defect or fault in the merchandise or further due to any incorrect description by the seller or his agent.

6 - Exclusion of warranties and remedies

Sonic Circus hereby disclaims any and all presentations and warranties whether expressed or implied, whether arising in fact or by operations of law as to the condition, design, operation, merchantability, quality of the material or workmanship, or fitness for use for the Buyer’s particular purpose or any other representation of warranty whatsoever, which does not appear on the face hereof and Sonic Circus specifically disclaims any and all implied warranties arising from course of performance, course of dealing or usage of trade. Sonic Circus shall in no event be liable for any damage or loss due to delay in deliveries, delay in service, or use or interruption of use of business, or loss of profits or any other consequential or incidental damages. Sonic Circus is not responsible for harm or property damage resulting from use of this product.

7 - Taxes

Seller’s prices do not include sales, user, excise, or similar taxes and import duties and import taxes. Accordingly, Buyer shall, in addition to prices specified by Seller, pay any sales, use, excise, import or similar tax attributable to the sales of goods covered hereby or in lieu thereof provide Seller with tax exemption certificates acceptable to the taxing authorities.

8 - Installation

Buyer shall be solely responsible for the installation and operation of the goods covered hereby including, with limitation, the obtaining of all permits, licenses or certificates required for the installation or use of such goods.

9 - Disputes

All disputes under any contract concerning the goods not otherwise resolved between Seller and Buyer shall be resolved in a court of competent jurisdiction for the location of Seller’s place of business filing the order and in no other place, provided, however, that in Seller’s sole discretion such action may be heard in some other place designated by Seller (if necessary to acquire jurisdiction over third person), so that the dispute can be resolved in one action. Buyer agrees to appear in any such action and hereby consents to the jurisdiction of such court. No action, regardless of form arising out of, or in any way connected with the goods furnished or services rendered by Seller, may be brought by Buyer more than 1 (one) year after the cause of the action has occurred.

10 - Governing Law

This agreement and performance by the parties herein shall be constituted in accordance with the laws of the State of Vermont..