Legal NoticeAll notices from Randall Barbera to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to Randall Barbera shall be made either by regular mail, sent to the address we provide on our Web site, or first class mail to our address at: 474 West Santa Catalina Road, Palm Springs CA 92262
Delivery shall be deemed to have been made by You to Randall Barbera five (5) days after the date sent.
Copyright NoticeAll content appearing on this Web site is the property of:
Copyright © 2020 Randall Barbera. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2020 Randall Barbera. All rights reserved.
TrademarksAll brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Randall Barbera. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Randall Barbera or any third party, except as expressly granted herein.
Shipping and DeliveryAt this time, Randall Barbera ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. Additionally, Randall Barbera ships merchandise to Canada and Mexico, and other areas worldwide, including Asia. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier.
InternationalCustoms and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.
Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. Randall Barbera is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.
Sales TaxRandall Barbera charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped.
WarrantiesThe Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. Randall Barbera makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or its Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. Randall Barbera SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL Randall Barbera BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchant ability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by Randall Barbera.
The references and descriptions of products or services within the Web site materials are provided "as is" without any warranty of any kind, either express or implied. Randall Barbera is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon.
The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information ("advertisers"), and not Randall Barbera.
The inclusion of material on this server does not imply any endorsement by Randall Barbera, which makes no warranty of any kind with respect to the subject matter of the server materials advertised.
A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although Randall Barbera tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.
Return PolicyYou may purchase merchandise from this Web site by using any one of the payment options listed in (link to Payment Options). Randall Barbera reserves the right to change its payment procedures at any time without prior notice to you. If you wish to return an item which you have purchased on this site, you have 5 (FIVE) days after confirmed delivery of said purchase to notify us via email at firstname.lastname@example.org. No returns will be accepted without prior authorization Upon acceptance of such return authorization, you are required to supply Randall Barbera, via email, shipping and tracking information and numbers and will be solely responsible for the cost of return shipping. Within 10 days of return delivery to Randall Barbera, a full refund will be processed, minus a 35% restocking fee. All returned products must be in original condition and packaging. Any modifications made to any of our products, at the request of customer, prior to delivery of said product will nullify any and all refund. No refunds or returns will be allowed or accepted in the case of customer requested changes or modifications to product. CUSTOM ORDERS,( ie trunks that are manufactured by Randall Barbera) are one-of-a-kind and no returns or refunds will be allowed or issued, under any circumstances, at any time.
The possibility exists that damage may occur in transit when shipping to you. We request that you thoroughly inspect your purchase upon receipt of delivery and request that you photograph any damages that you suspect may have resulted during shipping and then email photographs of these damages to Randall Barbera at email@example.com. If said damages are not promptly and fully noted and reported, Randall Barbera may not be able to assist with this, or later claims.
MiscellaneousVOID WHERE PROHIBITED: Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. Randall Barbera and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.
GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of Randall Barbera shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.
MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and Randall Barbera with respect to this Web site. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Randall Barbera with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by Randall Barbera. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.
Each product (except as noted) listed within this site is an antique and, as such, is fragile and be potentially dangerous if not handled properly. The intended use is for decorative display only and not designed to support any additional weight of any kind, inside or out, or to be used as a "stand" to support human weight or any other object. Products are not toys and not intended for use by a child of any age. Any or all attached hardware may have sharp edges and/or surfaces that could cause bodily harm by coming into contact with the body. It is recommended to utilize and wear heavy weight leather gloves when handling product. Do not attempt to lift, move, carry or place product by using any means other that the attached handles. Do not attempt to lift product from the bottom, sides or lid. Two persons are required to handle any placement or movement of product. The dust band (steel banding surrounding and attached to lower edge of product lid) can be dangerous when opening or closing the top lid. To raise or open lid, use both hands on either the lid lift attached directly above front locking mechanism, or the slots attached to the upper lid on or above each respective draw bolt (latch). Make sure that no hands or fingers are on, or close to upper or lower edges when opening or closing product lid. One hand must always be used to hold up lid when in open position. Do not assume that lid stay will hold trunk lid in up and open position at any time. Entire frame of product may shift during or due to shipment.
CONDITIONS OF ACCEPTANCE FOR RESTORATIONS
Authority: The Owner requests and authorizes Randall Barbera to perform restorative treatment(s), under the terms and conditions set forth.
Emergency Treatment: The owner understands that restorative work is subject to variables and unforeseen treatment needs. There are some circumstances and occasions when Randall Barbera, in the process of performing restorative work, may deem it critical to perform additional treatment(s) without delay to avoid or prevent damage to the object being restored. The owner hereby authorizes Randall Barbera, in his sole and absolute discretion, in those circumstances when it is deemed critical to perform such additional treatment without delay, to perform such emergency treatment at the expense of the owner.
Assumption of Risk: The owner understands that the treatment of antiques is subject to high risk and that Randall Barbera cannot predict or guarantee the success of effectiveness of any treatment, and the owner specifically assumes any risk or loss or damage resulting from such treatments unless such loss or damage was the result of gross negligence or wanton and willful misconduct of Randall Barbera.
Liability; Release and Indemnity Provisions: The owner agrees that neither Randall Barbera nor his representatives, employees, servants, agents, officers, trustees and assigns, shall be liable or responsible for any losses, claims, causes of action, actions, suits of whatever nature, damages, judgments and expenses (including without limitation attorneys fees and expenses) relating to or arising out of Randall Barbera's services for objects, except in the event of gross negligence or wanton and willful misconduct. The owner expressly releases, discharges and agrees to indemnify and hold harmless Randall Barbera and his representatives, employees, servants, agents, trustees, officers and assigns from any and all losses, claims, charge backs, causes of action, actions, suits of whatever nature, damages, judgments and expenses (including without limitation attorneys fees and expenses) which may be related to or arise out of the owners objects or the services of Randall Barbera.
Limited Insurance: We encourage the owner to secure their own insurance coverage for the objects submitted to Randall Barbera. For objects in Randall Barbera's possession, insurance coverage is limited. Randall Barbera's insurance coverage is limited to the cost of any restoration.
Payment Terms for Restoration Services: A NON-REFUNDABLE deposit equal to 50% of the estimated total cost for restoration work will be due and payable to Randall Barbera on or before the object is shipped to Randall Barbera. The remaining balance due will be due and payable in full upon completion of the work. Under no circumstances will an object be released for shipment until all due sums have been paid in full. It is the responsibility of the owner to pay for shipping, or delivery, to Randall Barbera and to also pay for all return shipping, delivery and handling charges. Upon project completion, owner will be notified via email within 3 business days that the object is ready for return shipment or pickup. Should owner ignore said notice, refuse to make final payment or not respond to Randall Barbera within 30 days of receiving notice of project completion, owner agrees to surrender ownership of object to Randall Barbera, in order that object may be sold to recoup payments not made here under, and/or to pay for storage fees calculated at $20 per day, retroactive from date of notice of project completion. In the event that payment of the initial deposit, and/or shipping costs are not able to be collected and/or made immediately available for processing and deposit, prior to or following delivery of object to Randall Barbera, for any reason whatsoever which would include, but not be limited to insufficient funds, credit card decline, bank debit card decline, rejection of payment from issuing bank, charge backs, disputes of any nature or credit card holder non-responsiveness, Randall Barbera reserves the right to demand that full payment be made and collect what would have otherwise been referred to as a final balance/payment due, in addition to the initial deposit and shipping costs, prior to the commencement of any or all restoration services which may have been agreed to, in advance, by both parties.