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Terms and Conditions

Cancellation and Returns

 

It is essential to carefully review the details of your Order to ensure accuracy. Franklin August, (referred to as “Franklin August” or “Company”) holds no liability for any inaccuracies in orders placed by customers. Should you need to modify or cancel your order, kindly inform us before it is dispatched by calling 1-802-652-5900. In the event of a defective Order or if the received product does not match your Order, refrain from returning any items until you have consulted with a customer service representative for proper authorization and return instructions. Unauthorized returns will not be accepted.

 

Any cancellations must be made within 7 days of placing the order and prior to its shipment or staging. Once an order is shipped or ready for carrier pick up it will be considered final.

 

Authorized return orders may be subject to a 25% restocking fee and shipping charges, unless an error was made by the Company or there is a defect in the product.

Please notify the Company of any defective orders, shortages, or product damage within 5 days of receiving your order via email or mail to the Company address, or else all claims will be forfeited. Authorized returns for defective products or incorrect orders must be processed within 10 days of receiving the product.

Pricing and Availability

Please note that prices, ratings/reviews, and availability are subject to change without prior notice. Please be aware that actual delivery times for LTL Commercial carrier freight may vary based on order quantities, size, and the availability of the shipper.

While we strive to keep all items on our website in stock, Franklin August, cannot guarantee availability at the time of order placement. If an item happens to be out of stock, we will promptly reach out to you via email or phone. In that event, you will have the option to either cancel your order or select an alternative product.

Custom Orders

Custom orders for printed logos and or customer sizes are subject to industry standard deviation of +/- 10%., In the event of any under runs, customers will receive a refund for any overpayments, while over runs will incur additional charges. Please note that custom orders are non-returnable unless the product is found to be defective. All sales of custom products are final.

Shipping Guidelines

Upon placing your order, you are acknowledging and agreeing to the Shipping Policies outlined by Franklin August.

 

Sales Tax

The customer is responsible for any applicable sales tax, consumption tax, or other taxes related to their order. It is the customer's duty to provide the company with a valid Sales Tax exclusion ID or Number to avoid any tax charges. Failure to do so may result in retroactive sales tax charges for the customer.

 

Carrier and Delivery Times

 

Franklin August is not responsible for failure of the freight carrier to deliver on time.  We use LTL freight companies to deliver our product.  All wine, beer and spirits packaging is shipped on a pallet.

 

Delivery time frame: approximately two (2) to seven (5) business days.

 

Shipments returned for inaccurate or incomplete address will be charged to you for reshipment.  Please ensure your address is complete. 

 

Payment Details

Please note that all items are subject to availability. Orders placed through our website, email, or phone are not finalized until your credit card has been verified and automatically charged upon approval by your credit card company. Once your order is processed, it will be considered confirmed, and any issues will be promptly communicated to you within 48 business hours.

 

Please be aware that if your credit card is not authorized, we cannot be held liable for any delays in product delivery. However, if all is in order, we will proceed with processing your order, including arranging shipment, insurance charges, and applicable taxes. For online orders, full payment is required before shipment, with payment options including wire transfer, certified check, or domestic credit card.

 

Qualified customers may also pay by personal check, subject to credit verification and approval by the Company. International payments must be made via wire transfer. For new customers, credit card transactions are the preferred method. It is important to ensure that the billing address matches the credit card used for payment to avoid any processing issues. If you encounter any difficulties while placing an order through our shopping cart, please do not hesitate to contact us for assistance.

 

Warranty/Damages

 

Company warrants that the items sold shall be free from defect in material and workmanship at date of delivery to the freight shipper.  THERE IS NO WARRANTY OF MERCHANTABILITY, FITNESS FOR USE OR PARTICULAR PURPOSE, OR OTHER WARRANTIES BY COMPANY, WHETHER EXPRESS, IMPLIED OR ARISING BY OPERATION OF LAW, OR ANY AFFIRMATION OF FACT OR REPRESENTATION, WHICH EXTENDS BEYOND THE DESCRIPTION ON THE FACE HEREOF AND ON PRODUCT LABELING.  IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, WHETHER FOR PRODUCT DEFECT, INCORRECT ORDER FULFILLMENT OR DELAY IN DELIVERY.  Customer’s failure to timely make an inspection or failure to discover any breach of warranty and notification to Company within five (5) business days shall constitute a waiver of Customer’s rights and remedies relating thereto.  Except as provided herein, Customer hereby waives any right to assert claims against Company related to the items, whether for breach of contract, tort, negligence, or strict liability.  In the event of a breach of warranty by Company, Company’s sole and maximum responsibility shall be the replacement of the goods sold, or refund of the purchase price thereof, in Company’s sole discretion.

 

Governing Law/Venue

 

The parties hereby agree to exclude application of the United Nations Convention on the International Sale of Goods (CISG) to this Order regardless of conflict of law’s provisions.  Any dispute regarding the products covered by this Order shall be governed by the laws of the United States of America and the State of Utah.  If any action, suit or proceeding is brought by either Company or Customer with respect to the products covered by any Order, such suit may be brought only in a state or federal court located in Salt Lake County, State of Utah, or the State Courts of the State of Washington.  Customer hereby consents to the exclusive jurisdiction of said courts, agrees to venue in such courts, waives any defense of forum nonconveniens, agrees to notice and service of process by mail at its business address, and agrees to enforcement of any award or judgment in any jurisdiction in which Customer has its business or assets.  

 

Entire Agreement

 

The Order placed by Customer, the Shipping Policies and these Terms and Conditions shall constitute the entirety of any agreement between Company and Customer. No other writing which is not referred to herein shall be deemed to be a part of the Order or these Terms and Conditions.  When an Order is placed by Customer these Terms and Conditions will constitute the complete and exclusive statement of the terms of the contract between the parties hereto, are intended as a final expression of the terms of such contract and will supersede all prior and contemporaneous agreements, inducements or conditions, express or implied, oral or written.  No course of prior dealings between the parties and no usage of trade shall be relevant to supplement or explain any term herein. 

 

Force Majeure

 

Company may be excused from performance under any Order upon the occurrence of events which are out of the control of Company and which result in loss of supply of Products, such as the following:

(a) acts of God, such as severe acts of nature or weather events including floods, fires, earthquakes, hurricanes, or explosions; war, acts of terrorism, epidemics and pandemics;

(b) acts of governmental authorities such as expropriation, condemnation, and changes in laws and regulations; and (c) strikes and labor disputes or certain accidents resulting in loss of supply of Products or materials necessary to supply Products. Attorney Fees. If Company fails to pay for this Order or any costs related thereto or otherwise breaches this Terms and Conditions of any Order, Company shall be entitled to recover attorney fees and costs in seeking to enforce any of the Terms and Conditions and the Order.

(c) strikes and labor disputes or certain accidents resulting in loss of supply of Products or materials necessary to supply Products.

CUSTOMER PLACEMENT OF AN ORDER SHALL CONSTITUTE ACCEPTANCE OF THE FOREGOING TERMS AND CONDITIONS.

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