Terms & Conditions
Terms. Arden Ventures, LLC (“Company”) agrees to provide the Christmas light products (“Decorations”) listed on this invoice to the customer (“Customer”) pursuant to all terms listed herein (“Agreement”).
Estimates. Company may provide an estimate for the amount of product required at Customer’s request. Company will not be responsible for inaccurate estimates.
- Payment. Customer agrees to make prompt payment when requested pursuant to the terms of this Agreement.
- Use. Customer understands that the Decorations are for seasonal use only and should not be installed for more than 90 days.
- HOA Covenants. Customer takes full responsibility for compliance with any HOA Covenants and agrees to inform Company of any restrictions related to holiday décor. Company shall not be liable for any covenant violations and Customer agrees to indemnify and hold Company harmless for any violations.
- Disclosure. Customer promises to disclose to Company any and all relevant or potentially relevant information to Company that may affect the work that Company will perform so that Company can make informed decisions when installing Decorations.
- Risk. Customer uses and installs the Decorations at their own risk. The Decorations are UL Listed, but Customer understands and accepts that the installation of Decorations may be dangerous. Company encourages Customer to hire a professional installation company with sufficient knowledge and experience working with electronics, electrical circuits, wiring and mechanics to install the Decorations. Customer further acknowledges that installation of Decorations can be dangerous, including but not limited to risk from falls, bad weather conditions, electric shock, etc. Customer agrees, for himself or herself, their heirs, successors, personal representatives and assigns, to release Company from any and all liability or responsibility for personal injury, death or property damage caused as a result of efforts to install the Decorations whether arising from the negligence of Company or otherwise, to the fullest extent permitted by law.
- All payments must be made via credit card. Credit Cards are authorized for the total amount of order at the time of order submission and will be charged when the order ships.
- Sales tax will be charged on all orders shipped to Georgia or for will-call orders.
- Customer may cancel their order for a refund if Company receives sufficient notice as to stop shipment. If orders have already shipped or have progressed to the point at which Company cannot cancel without suffering hardship and expense, Customer should follow the requirements for Returns per Section 8.
Late Charges and Insufficient Funds. If payment is not received within fourteen (14) days of installation, Customer will be charged a $40 late fee. Additionally, interest shall accrue on all unpaid amounts at the rate of 1% per month. Customer agrees to pay Company a fee of $75, in addition to any other money owed to Company, for each instance that a credit card is declined.
- Shipping. Company will send a confirmation email after shipping labels have been printed. This email will provide UPS tracking number(s). Company will ship to the mailing address provided by Customer and orders will ship same day if placed before 12 Noon Eastern Standard Time. Company will not insure contents.
- Pick Up. Customers may opt to pick up the order. No delivery or fulfillment charges will be assessed if Customer chooses to pick up. Customer must pick up the items at Company’s address, below, within 7 days of purchase. Pick up is only available during Company’s open hours (9-5 M-F).
1815 Hembree Road
Alpharetta, GA 30009
- Company warrants that Decorations will be in working order at time of shipment or pick up. Customer may return defective items for replacement subject to Section 8 and to the following exclusions: this Warranty does not include individual burned-out bulbs.
- No Additional Warranties. There is no other warranty or responsibility of any kind, expressed or implied, provided herein, including no Warranty of Merchantability or Fitness of the Goods or Services for any Particular Purpose, and no such warranties shall be implied by law. Company shall not be liable for, nor shall any measure of Damages include, any indirect, incidental, special, exemplary, punitive or consequential damages or penalties for loss of income, value, profits, savings, or any other loss arising out of or relating to its performance or failure to perform under this Agreement.
Returns. Customer may return items to Company subject to the following requirements:
- Only unopened and unused goods may be returned for a refund.
- Customer must pay shipping costs and a 10% restocking fee will be subtracted from Customer’s refund.
- Customers wishing to receive a refund should follow the following steps. Failure to take any of these steps may result in a delay of the refund.
- Send email to firstname.lastname@example.org detailing your order number and the products being returned.
- Upon receipt of a confirmation letter from Company, pack and mail the product or hand deliver to:
1815 Hembree Road
Alpharetta, GA 30009
- Send email to email@example.com with tracking numbers.
- Within 7 days of receipt of the products, Company will issue a refund for the purchase price minus the 10% restocking fee.
Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Georgia.
Jurisdiction and Venue.
- Any arbitration hearing and all proceedings in connection therewith shall take place in Fulton County, Georgia. The arbitration shall be conducted by one or more mediators/arbitrators selected by the parties.
- Any legal suit, action or proceeding arising out of or related to this Agreement or the matters contemplated hereunder will be instituted exclusively in the courts of the State of Georgia in each case located in Fulton County, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding and waives any objection based on improper venue or forum non conveniens.
Attorney’s Fees. If a delinquent account is referred to a collection agency or attorney, Customer agrees to pay the costs of collection and/or attorney’s fees and all other costs incurred thereby in addition to the amounts owed by Customer. In the event any dispute between the Parties should result in litigation or arbitration, the prevailing party shall be reimbursed for all costs and reasonable attorney’s fees incurred in connection with such litigation or arbitration, including, without limitation, costs and reasonable attorney’s fees incurred in collecting the judgment(s) or arbitration award(s) resulting from such litigation or arbitration.
Waivers. No waiver by any Party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waiving.
Merger Clause. This Agreement represents the final and entire agreement between the Parties, and supersedes all prior agreements, whether express or implied, written or unwritten.
Modification. This Agreement may only be modified if done so in a writing that is signed by the parties hereto.
Severability. If any part or portion of this Agreement is held to be invalid or otherwise unenforceable, the remainder shall have force and effect to the full extent permitted by law