All terms and conditions apply to all www.theaterseatingchamp.com (hereinafter referred to as TRC) transactions including , but not limited to, the sale and/or return of new merchandise, used merchandise, accessory items, related products and any other product(s) listed or referred to in this Site regardless of method of payment, and Purchaser agrees to all terms and conditions by the use of this Site and when a transaction is made including all purchases through the Site, via email and/or via telephone order.
With the exception of product covered under the TRC 7-Day or 45-Day Enjoyment Guarantee, all sales are final. Due to the fact that the very nature of the product we sell requires a significant amount of preparation time, customization, special work, as well as high shipping, handling and inventory costs, all merchandise and items are Non-Cancelable and Non-Returnable after 48 hours of any type of transaction/purchase/order is made.
Conditions of Sale and Payment Terms:
To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority or a legal and recognized entity. All payment terms are Cash In Advance unless otherwise stated in writing and payments can only be made under one of our allowable payment terms on this web Site. In the instance of a credit card payment, prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience. All sales of products and services are final unless specifically covered under one of our policies. All charges from those sales are nonrefundable.
Methods of Payment, Credit Card Terms and Taxes:
You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify TRC of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If TRC does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by TRC or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales tax when applicable, use or value-added taxes. TRC shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within certain states or localities that it deems is required. You will be notified of any applicable sales tax before any shipment of an order. For any questions regarding sales tax, please contact TRC directly.
Return Policy Following Delivery:
TRC wants to ensure your complete satisfaction with every game. In the event you have taken delivery of any game and wish to return it, you may take advantage of our:
7-Day 100% Enjoyment Guarantee:
TRC offers every consumer protection for 7-days following the acceptance of delivery to return any merchandise for any reason for a full refund less a 10% restocking fee all related shipping costs. In this instance, Purchaser must cover all shipping costs related to transaction including but not limited to all shipping, delivery and installation fees to Purchaser and return shipping fees to any domestic location selected by TRC in writing.
45-Day 100% Enjoyment Guarantee:
TRC offers every consumer protection for 45-days following the acceptance of delivery to return any merchandise for any reason for a full refund less a 20% restocking fee and all related shipping costs. Purchaser must cover all shipping costs related to transaction including but not limited to all shipping, delivery, and installation fees to Purchaser and return shipping fees to any domestic location selected by TRC in writing.
In returns authorized by TRC related to the 7-day and 45-day Satisfaction Guarantee, all merchandise must be returned with all original packaging, manuals, accessories, labels, hardware and anything else related to the product that was originally shipped. It must be returned in its original, "Brand New" condition for all new merchandise and its originally shipped condition for all pre-played merchandise. In the event that an item is returned and it is not in this specifically required condition, TRC will charge a minimum of a 15% additional fee as well as any other charges deemed reasonable in addition to all shipping fees to and from Purchaser. The return of payment less all applicable fees and related charges will be made in 14 days from receipt of merchandise to TRC and generally in the method of originally paid to TRC by Purchaser. If an item is damaged in shipment, it is not covered under this Guarantee and Purchaser will be responsible for all related shipping/freight claims. Please see form CLAIM-SHIPPING/DAMAGE.
Claims After Delivery:
Unless merchandise is covered under its requisite manufacturer warranty or one of “TRC’s” extended warranties, all claims regarding nonconforming or defective products that are not due to issues or damage caused during shipment/transit (Claim-Shipping Damage direct with shipping/freight company) must be immediately made by Purchaser in writing within 24 hours from receipt of goods by Purchaser (possession by Purchaser such as receipt of delivery or pick-up from any TRC nationwide warehouse or shipping terminal).
Shipping Terms & Conditions:
TRC will do everything that it can to assist you with all shipping concerns. However, once merchandise/your purchase is picked up (leaves our shipping point) by any freight carrier or shipper many things are not within the control of TRC including but not limited to shipping time/delay, shipping damage, & lost shipments. Do not hesitate to contact us with any questions regarding shipping as this is an integral part of your purchase.
From the date of purchase, in stock options will ship within one to 4 weeks. Special order product will ship in six to eight weeks and up to twelve weeks. Note that there are other factors that can affect the length of time such as custom products, item payment, delays by freight carrier and related factors. All transactions are F.O.B. shipping point and TRC shall not be responsible or liable for any loss or damage resulting from the delay or failure of delivery due to any cause beyond our control including but not limited to force majeure: acts of nature, unavailability of supplies or sources of energy, riots, wars, fires, floods, epidemics, lockouts, strikes, slowdowns, delays by our suppliers/vendors and/or acts or omissions by the Purchaser.
You are responsible for any storage, additional labor and other potential fees and charges caused by your inability to receive a shipment, including but not limited to, your refusal of delivery, conditions at your delivery point, rescheduling and other factors creating such fees and charges.
All merchandise will ship via freight carrier, UPS, USPS or Fed-Ex. Dimensions, weight and other general characteristics of the product affect which method to ship. If you have a preferred shipping method, please contact us directly. Any specific shipping requests must be in writing. Otherwise, TRC will use the most reasonable method deemed by TRC. Note that multiple products could be shipped by different methods and/or carriers from the same transaction and/or same shipping destination.
Although the Champ Triple Test is performed before all merchandise is shipped, we cannot be responsible to damage caused during shipment. Once you sign for a shipment, it is extremely difficult to hold a Shipping/Freight Company responsible for damage caused during shipment. This can make it so that you may not be able to later file a claim with the Shipping/Freight Company. You must immediately and thoroughly inspect all merchandise prior to signing for receipt of any shipment. If there is significant damage, then it is recommended that you refuse the shipment and not sign acceptance of delivery. If there is slight/minimal damage, then you must notate those details on the bill of lading presented to you by the Shipping/Freight Company before you sign acceptance. If you are unsure about what steps to take, immediately contact us and follow directions in the CLAIM-SHIPPING/DAMAGE form. Any alteration to these terms and TRC's acceptance of any alteration to these terms must be in writing from TRC prior to you signing for any shipment.
If you see damage to the crate or carton but can't tell if there is any damage to the contents, immediately open and inspect the products. Open your box(es) immediately to alert us to any concealed damage. We will process a claim with the carrier. You have two (2) days to alert us of any concealed damages.
Deliveries signed free and clear of damages will be the recipient's responsibility, NO EXCEPTIONS.
Unless specifically arranged in writing or by specifically purchasing at an additional fee in your transaction, all merchandise on delivery does not include installation or set-up. Most items require some assembly and /or installation and set-up. Do not assume that assembly and/or installation and set-up is not required if not written on a merchandise details page. If you have any questions regarding this, please contact us directly prior to your purchase. We do provide lifetime technical support via telephone for all assembly and/or installation and set-up questions. 'TRC' is not responsible for any alterations or damage to merchandise during assembly and/or installation and set-up.
A significant amount of merchandise on this Site is large in nature. Please look to the details of all the technical specifications of your merchandise prior to your purchase. TRC is not responsible for any merchandise not meeting your measurement requirements including but not limited the ability to get the merchandise in your home and the ability to get the merchandise in your desired space. If any technical specifications are unclear, please contact us directly prior to your purchase. TRC or its vendors are not responsible for reasonable variations in specifications such as modifications or changes to merchandise that do not materially affect the performance of the merchandise or the purpose for which is to be generally used. Additionally, all pictures of merchandise on the Site are not EXACT pictures and merely representative samples of the merchandise for sale. Purchaser agrees not to hold TRC responsible for reasonable variations in color, size and software as Purchaser accepts and understands that the manufacturer may make variations of its merchandise and that the pictures on this Site or what may be e-mailed from TRC to Purchaser are representative samples and not EXACT pictures.
Curbside Shipping with Lift Gate:
Merchandise will be delivered to your curb or driveway of your residence with a LIFTGATE. It will be unloaded by the delivery driver. There will be no other services provided. Deliveries are made during standard hour delivery times, and other delivery times could be added with additional charges in some cases.
For the charges listed with respective merchandise on this Site, this service will deliver your merchandise to the ground floor. Ground floor is up to three stairs and only one threshold. This service also includes un-packaging and placement of merchandise, debris removal, four hour delivery time frame, 60 minutes of on-Site time and two delivery men with a lift gate. You must make sure that all pathways are clear including, but not limited to, furniture, doors on doorways, stair banister and other necessary things to make the delivery. You must make sure that you measure your space and paths to ensure that your merchandise can be placed in your intended destination. You must ensure that there are not any hazardous conditions including snow, ice or mud removal. TRC and all shipping providers reserve the right to refuse delivery due to hazardous conditions and you will be responsible for additional fees or charges in these instances. There will be no other services provided. Deliveries are made during standard hour delivery times, and other delivery times could be added with additional charges in some cases. This service for listed prices by all merchandise on this side is up to 675 lbs, and there will be additional charges for merchandise with greater weight than 675lbs.
This service includes all of the services in White-Glove Delivery. Additionally, it includes delivery anywhere inside including multiple flights of stairs (not just one flight of stairs) and light assembly (defined as something that can be done within a 60 minute time frame and requires the use of no more than a hammer, screwdriver and/or wrench set). You must make sure that you measure your space and paths to ensure that your merchandise can be placed in your intended destination. You must ensure that there are not any hazardous conditions including snow, ice or mud removal. TRC and all shipping providers reserve the right to refuse delivery due to hazardous conditions and you will be responsible for additional fees or charges in these instances. There will be no other services provided. Deliveries are made during standard hour delivery times, and other delivery times could be added with additional charges in some cases. This service for listed prices by all merchandise on this side is up to 875 lbs, and there will be additional charges for merchandise with greater weight than 875lbs.
All merchandise that is shipped by TRC is insured by TRC for up to $55500. Any additional insurance can be purchased by you and must be purchased in writing and in advance of shipment.
Order Acceptance Policy/Title & Risk of Loss/Security Interest:
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. TRC reserves the right at any time after receipt of your order to accept or decline your order for any reason. TRC further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by TRC upon shipment of products or performance of services that you have ordered. Title to goods and all risk of loss passes to you upon the delivery to the common carrier or delivery to the purchaser, whichever comes first. We may require additional verifications or information before accepting any order. TRC maintains a security interest and the Purchaser grants to TRC a Purchase Money Security Interest in all merchandise that is sold from TRC to Purchaser until the purchase price and all other charges related to the transaction have been tendered in full to TRC.
No Responsibility to Sell Mis-priced Products or Services:
TRC shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. TRC shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, TRC shall immediately issue a credit to your credit card account in the amount of the charge.
Modifications to Prices or Billing Terms:
TRC reserves the right, at any time, to change its prices and billing methods for products or services sold, effective immediately upon posting on the Site or e-mailing delivery to you.
Price Comparisons, "Sale Price" and "Champ Price":
Price comparisons may be made throughout the Site to indicate the relative savings amounts of our pricing. "Sale Price" is the normal selling price of the items from TRC and is a price set by TRC, it is not provided to us by our suppliers and is not suggested retail. We make no representation that a substantial number of these products have been sold or offered for sale at the sale price. Actual prices in your area may be substantially different. Because we sell our merchandise over the internet on a national basis, it is not possible to know if our merchandise is sold at sale price in any particular location or at any particular time. "Champ Price" simply reflects the actual selling price of the item at that particular time and that price is determined by TRC. Because the sale price and the champ price may be different than the actual retail prices in your area, you may not actually realize a savings of this amount and may want to make an exact comparison for yourself by checking the prices of other internet or local retailers prior to making a purchase.
Disclaimer of Warranties: THE SITE, PRODUCTS, SERVICES, CONTENT, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS". UNLESS SPECIFICALLY COVERED BY AN EXPRESS WARRANTY ON THIS SITE OR A WARRANTY CLAIM A MANUFACTURER MAY HAVE WITH THE MANUFACTURER. EXCEPT AS EXPRESSLY STATED HEREIN, TRC EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE TRC SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
All policies on this Site are incorporated into this agreement by reference and provide additional terms and conditions to specific services offered on this Site.
LIMITATION OF LIABILITY
Purchaser confirms that they have read and agree to all terms and conditions by the use of this Site and when a transaction is made including all purchases through the Site, via email and/or via telephone order. Purchaser agrees that any dispute or controversy arising out of, or in connection with, any transaction related to this Site shall be settled solely and finally by arbitration.