Our goal is to make your sales and purchasing experience easy, efficient and equitable, so we can get you on your way to making sales as quickly as possible. The following is designed to ensure your satisfaction and understanding of the sampling and purchase process. Your use of this sight and purchases are subject to these terms.
All prices are stated in U.S. Dollars, unless otherwise indicated or selected when viewing the website.
We accept several methods of payment to accommodate your needs. Linemart, Inc. d/b/a Retro-Stage.com accepts, among other forms of payment, Paypal, American Express, Visa, MasterCard, Discover for qualifying purchases.
WHO YOU ARE BUYING FROM
Retro Stage is an online fashion-forward platform for selling 1960s dresses, 1950s dresses, 1920s dresses, and accessories. We are Linemart, Inc. doing business as (d/b/a) retro-stage.com. As a Buyer, you are agreeing to become part of our retailer program.
PRICING AND AVAILABILITY
All orders are subject to written price verification by Retro Stage authorized personnel unless designated in writing to be firm or guaranteed pricing for a specified period of time. An order and/or shipment of goods without a written price verification does not constitute confirmation of the price contained in the order. Further, we do not control this inventory or its availability. Some styles may no longer be available after an order is placed, or may be backordered.
Prices quoted, including any transportation charges, are valid for 10 days unless designated as “firm” for a specific period pursuant to a written quote or written sales acceptance issued or verified by an officer or other authorized person of Our Company. A price designated as firm for a specific period may be revoked by Our Company if the revocation is in writing and is emailed or mailed to the Buyer prior to the time a written acceptance of the price is received by Our Company. All prices and deliveries are F.O.B. shipping point. Our Company reserves the right to cancel orders in the event selling prices are found to be lower than prices allowed by law or government regulations, or there is an issue with our vendor, supplier, or shipper.
Our company reserves the right, without prior notification, to substitute an alternative product of like kind, quality, and function. If you (“Buyer”) will not accept a substitute, the Buyer must specifically declare that no substitution is allowed when the buyer requests a quote, if such a request for a quote is made, or, if no request for a quote was made, when placing an order with the Our Company.
If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm via your account whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.
TAXES AND IMPORT/EXPORT LICENSES
Prices do not include taxes. Taxes are paid by Buyer upon invoicing by Our Company unless Buyer provides a valid exemption certificate acceptable to the taxing authority or unless Our Company is forbidden by law from collection of said taxes from Buyer. Import or export licenses are to be secured by Buyer.
TITLE AND RISK OF LOSS
Delivery to the carrier shall constitute delivery to Buyer, and thereafter risk of loss or damage shall pass to Buyer. Any claim of Buyer related to damage during shipping or delivery should be made directly to the carrier. Any claims by Buyer against Our Company for a shortage or damage occurring prior to such delivery to a carrier must be made within fifteen (15) days after receipt of the goods and accompanied by the original transportation bill signed by the carrier noting that the carrier received the goods from Our Company in the condition claimed. Notwithstanding passage of the risk of loss to Buyer, title and right of possession to the goods sold hereunder shall remain with Our Company until all payments hereunder, including deferred payments evidenced by notes or otherwise, Interest, carrying charges, and attorneys' fees, shall have been made, and Buyer agrees to do all acts necessary to perfect and maintain such right and title in Our Company.
RETURN OF PRODUCTS
Goods cannot be returned, and orders, once accepted by Our Company, cannot be canceled, except upon contacting Our Company’s customer service first. Cut to size items and special orders may not be returned unless it has been determined to be provided in error by Our Company. Customers returning goods are responsible for freight charges.
Warranty, Disclaimer of All Other Warranties
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT OR THE RELATED AGREEMENTS, OUR COMPANY DOES NOT MAKE ANY OTHER REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTE, OR OTHERWISE, AND OUR COMPANY SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED OR STATUTORY WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
All goods sold by Our Company are warranted to Buyer to be free from defects in material and workmanship, and manufactured in accordance with industry standards for 15 days. The foregoing warranty is no assignable and is in lieu of, and excludes, all other warranties not expressly set forth herein, whether express or implied by operation of law or otherwise, including but not limited to, any implied warranties of merchantability or fitness. No agent, employee, or representative of Our Company has any authority to bind Our Company to any representation, affirmation, or warranty concerning the goods and any such representation, affirmation, or warranty shall not be deemed to have become a part of the basis of this agreement and shall be unenforceable. Any claimed defect in material or workmanship shall be deemed waived by Buyer unless submitted to Our Company in writing within fifteen (15) days from the date the goods are received by Buyer.
Our Company shall not be liable under the foregoing warranty if any loss or damage is caused by improper application or use of the goods. Our Company disclaims all liability with respect to the design of the goods and makes no warranty with respect to such design. THIS WARRANTY IS IN LIEU OF, AND EXCLUDES, ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS.
USE OF PRODUCTS, BUYER INDEMNITY
Buyer represents and understands that the goods sold hereunder are purchased for their actual or intended use and that Buyer places no reliance on Our Company's skill or judgment in selecting suitable goods or materials or in the design of suitable goods and materials. Buyer represents that the use and installation of the goods shall be made in compliance with all applicable government requirements, safety standards, and regulations. Buyer will defend, indemnify and hold Our Company harmless, as well as its successors assign and subsidiaries, from and against all costs (including attorney's fees), damages and liabilities resulting from actual or alleged claims asserted or any penalties proposed or assessed.
CHOICE OF LAW
This agreement and matters connected with the performance thereof shall be construed in accordance with, and governed by the USA, regardless of choice of law principals.
We may offer a partial refund on returned items which have some original parts missing. In such a case, the you may only receive a partial refund.
Buyer will be charged for shipping costs (including for returns).
Unless otherwise provided, Our Company shall use its judgment in determining carrier and routing. In any case, Our Company shall not be liable for any delays or excessive transportation charges resulting from its selection.
Unless otherwise provided, Our Company will comply only with its minimum packing standards for the method of transportation selected. The cost of all special packing, loading or bracing requested by Buyer will be paid for by Buyer. All cost of packing and shipment for Buyer's special equipment shall be paid for by Buyer.
Any discount applies only to the invoiced value of the material (not to taxes or freight charges). Our Company reserves the right to require advance payment or satisfactory security for the goods if the financial condition of Buyer so warrants as determined by Our Company. If Buyer fails to make payment in accordance with terms of this agreement or any collateral agreement or fails to comply with any provisions hereof, Our Company may, at its option (and in addition to other remedies), cancel any unshipped portion of this order. Buyer is to remain liable for all unpaid accounts.
Our Company shall not be liable for failure to perform its obligations resulting directly or indirectly from or contributed to by acts of God; acts of Buyer, civil or military authority, including wage and price controls; fires; war; riot; delays in transportation; lack of or inability to obtain raw materials (including energy sources), components, labor, fuel or supplies; embargos; unreasonable tariffs; strikes or labor disputes; or other circumstances beyond Our Company's reasonable control, whether similar or dissimilar to the foregoing. If certain quantities are affected and other quantities are not, the quantities affected shall be eliminated without liability, but the agreement shall remain unaffected. Our Company may, during any period of shortage due to any of said causes, allocate its supply of such raw materials among its various users thereof in any manner which Our Company determines to be deem fair and reasonable. In no event shall Our Company be liable for special or consequential damages for any delay for any cause.
REASONABLE ATTORNEY'S FEES
For any lawsuit or other proceedings that are brought for the recovery of the purchase price, or any unpaid balance, or the breach by Buyer of any term contained herein, Buyer, shall pay to Our Company, in addition to any damages proved by law, reasonable attorney's fees and costs of collection.
LIMITATION ON LIABILITY
OUR COMPANY SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL LOSSES, DAMAGES, OR EXPENSES ARISING DIRECTLY OR INDIRECTLY FROM THE SALE, HANDLING OR USE OF THE GOODS, OR FROM ANY OTHER CAUSE RELATING THERETO. OUR COMPANY'S LIABILITY, IN ANY CASE, INCLUDING FOR CLAIMS OF BREACHES OF WARRANTY OR NEGLIGENCE IS EXCLUSIVELY LIMITED, AT OUR COMPANY'S OPTION, TO THE REPLACEMENT OF GOODS NOT COMPLYING WITH THIS AGREEMENT, THE REPAYMENT OF, OR CREDITING BUYER WITH, AN AMOUNT EQUAL TO THE PURCHASE PRICE OF SUCH GOODS, OR REPAIRING OR ARRANGING FOR REPAIR OF THE GOODS. IF OUR COMPANY REQUESTS THE RETURN OF THE GOODS, THE GOODS WILL BE REDELIVERED TO OUR COMPANY IN ACCORDANCE WITH OUR COMPANY'S INSTRUCTIONS. THE REMEDIES CONTAINED IN THIS PARAGRAPH CONSTITUTE THE SOLE RECOURSE OF BUYER AGAINST OUR COMPANY FOR BREACH OF ANY OF OUR COMPANY'S OBLIGATIONS, WHETHER OF WARRANTY OR OTHERWISE. AS LONG AS OUR COMPANY MAKES A GOOD FAITH EFFORT TO RECTIFY ANY BREACH, THE REMEDIES PROVIDED FOR HEREIN SHALL BE DEEMED SATISFIED.
IN NO EVENT WILL OUR COMPANY, NOR ITS SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH OUR SERVICE OR WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH OUR WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE OR WEBSITE, (b) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (c) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE, (d) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (e) ANY LOST, STOLEN OR DAMAGED PROUCTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PRODUCTS OR WEBSITE IS TO STOP USING THE PRODUCTS, SERVICE OR WEBSITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SERVICE OR WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE FROM OUR COMPANY. OUR LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.