Online purchases are processed through PayPal, where we accept all major credit cards in addition to PayPal payments. If Purchaser would like to pay by money order, Purchaser should contact Seller at 719-392-5200 or firstname.lastname@example.org to complete its purchase and coordinate the details.
Credit/Debit Card Payments
If Purchaser chooses to pay for the purchase of machines(s) and product(s) (hereinafter collectively referred to as the “merchandise”) with a credit/debit card, Purchaser agrees that Purchaser will not stop or reverse a credit/debit card transaction (hereinafter referred to as “chargeback”) without the written consent of Seller. If a chargeback is filed and moneys are refunded to Purchaser, Purchaser shall immediately return the merchandise to Seller and pay any and all return fees in accordance with the terms of this Agreement. If Purchaser wants to return the merchandise, the return must be done within the first 14 days of delivery unless otherwise agreed upon in writing with Seller.
If Purchaser files a chargeback, without Seller’s consent in writing, Purchaser understands, agrees and acknowledges that this credit/debit card payment agreement shall be sufficient proof, and the only proof needed, by Seller to Purchaser’s card issuer in order to reinstate the credit/debit card purchase payable to Seller together with any and all fees and costs, including, but not limited to the fees resulting from the subject chargeback in addition to the previously authorized charges and fees and costs, incurred by Seller as a result of the chargeback or due further to Purchaser’s actions or inactions.
Refund/Replacement for Merchandise
If Purchaser is not satisfied with the merchandise, Purchaser can return the merchandise for a refund or replacement of the same merchandise within 14 days from date of delivery. All returns shall be refunded to the original purchase price minus the original shipping fee, the return shipping fee, and a handling and restocking fee of 20%. Prior to returning any merchandise, Purchaser must contact Seller at 719-392-5200 or email@example.com. Seller will refuse any collect shipment.
If the merchandise was damaged during shipping, Purchaser has the right to refuse the delivery, and Purchaser will not incur any return shipping charges or handling and restocking fees. However, if Purchaser accepts the merchandise and does not note any specific damage(s) on the freight bill, then the merchandise cannot be returned without incurring the return shipping charges and handling and restocking fees mentioned in the above paragraph.
Cancellations of orders, if agreed to by Seller in writing, carry a 20% cancellation fee.
- Limited Warranty for New Merchandise. All the new machines are sold with a one year warranty for defects in material and factory workmanship effective from the date payment in full is received by Seller. Repair or replacement of proven defective parts is covered only during the warranty period. Purchaser must return the defective machine or part prior to receiving a repaired or replacement machine or part, as determined by Seller, in Seller’s sole, absolute discretion. In the alternative, Purchaser may pay a refundable “core charge” and have the replacement machine or part shipped prior to returning the defective one to Seller. Once the defective machine or part has been received and inspected by Seller, then the core charge will be refunded to Purchaser. All new machines also come with a lifetime of free technical support. Purchaser may contact Seller to obtain further information on the limited warranty for specific machines.
- Limited Warranty for Pre-Owned Merchandise. All pre-owned (refurbished) machines are sold with a three month warranty for defects in material effective from the date payment in full is received by Seller. Repair or replacement of proven defective parts is covered only during the warranty period. Purchaser must return the defective machine or part prior to receiving a repaired or replacement machine or part, as determined by Seller, in Seller’s sole, absolute discretion. In the alternative, Purchaser may pay a refundable core charge and have the replacement machine or part shipped prior to returning the defective machine or part to Seller. Once the defective machine or part is received and inspected by Seller, then the core charge will be refunded to Purchaser. All pre-owned machines also come with a lifetime of free technical support. Purchaser may contact Seller to obtain further information on the limited warranty for specific machines.
- Limited Warranty on purchases of vending parts. All purchases of parts are sold with a 30 day warranty for defects in material effective from the date payment is received by Seller. Repair or replacement of proven defective parts is covered only during the warranty period. Purchaser must return the defective part prior to receiving a repaired or replacement part, as determined by Seller, in Seller’s sole, absolute discretion.
THE WARRANTY CONTAINED HEREIN IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. PURCHASER ACKNOWLEDGES AND AGREES THAT EXCEPT AS SPECIFICALLY SET FORTH HEREIN TO THE CONTRARY, SELLER HAS NOT MADE, DOES NOT MAKE, AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING, OR WITH RESPECT TO MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS TO THE MERCHANDISE, AND THE INCOME TO BE DERIVED FROM THE MERCHANDISE. UNDER NO CIRCUMSTANCES SHALL SELLER BEAR ANY RESPONSIBILITY FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL LOSSES, DAMAGES OR EXPENSES. Seller neither assumes nor authorizes any person to assume for it any obligation or liability in connection with the sale of said merchandise or any part(s) thereof.
Condition of Merchandise
- New Machines: All new machines will be in good working condition and will not have any major cosmetic deficiencies. Minor scratches or rub marks may occur from time to time as new machines are moved and transported, but such scratches and/or rub marks will not be significant. Depending on the machine, some may be shipped directly from the assembly line of the factory, while others may have been stored in a warehouse for 1-3 years prior to being sold. Seller reserves the right to make changes to the merchandise design/specifications. The merchandise, as shown on Seller’s website, may slightly differ from the merchandise being shipped to Purchaser. Such changes or differences do not entitle Purchaser to corresponding changes, improvements, additions or replacements unless specifically stated and agreed upon by the parties otherwise herein.
- Pre-Owned Machines: All pre-owned (refurbished) machines will be in good working condition but may have scratches, dents, or other cosmetic deficiencies on the exterior. Purchaser may request photographs of the actual machine to verify its condition prior to it being shipped out.
All items are shipped F.O.B. destination, which designates that Seller shall pay any and all shipping costs and remain responsible for the merchandise until Purchaser or Purchaser’s agent takes possession of the goods, unless items are shipped factory direct. With an F.O.B. destination shipment, title of the merchandise passes to Purchaser upon delivery and acceptance of the goods from the carrier. Purchaser must examine the merchandise before signing the carrier’s freight bill.
If any merchandise is received damaged, Purchaser shall itemize the damage(s) on the freight bill and immediately notify Seller of the damage(s). The shipping carrier and Seller will not be held responsible if nothing was noted on the freight bill when Purchaser or Purchaser’s agent signed for it. Seller will not be held responsible for any losses which may occur from improper use and handling of the merchandise after the merchandise has been delivered to and signed for by Purchaser or Purchaser’s agent.
If any shortages occur, Purchaser shall notify Seller immediately, as shortage claims will not be considered unless made in writing within 14 days of delivery. Should shipment be delayed through no act or fault of Seller, either by weather, fire, act of God, or otherwise, then Purchaser shall not hold Seller responsible by reason of delivery delays. The following shipping methods are used depending on the merchandise being sold:
- Standard Shipping for Merchandise from Colorado Warehouse: Seller typically ships its large machines (weight of 400 lbs or more) with one of its preferred freight carriers within 1-2 business days for small orders (3 machines or less) or 5-10 business days for larger orders. All of the large machines are packaged on a pallet. Once the pallet has been picked up by the freight carrier, it typically takes 3-5 business days for the shipment to arrive at its destination. Unless otherwise agreed upon in writing, all pallets are dropped off curbside to the address provided by Purchaser.
- Standard Shipping for Merchandise Being Shipped Factory Direct: In general, Seller ships its small bulk candy vending machines (weighing 50 lbs or less) with FedEx Ground, which typically takes 3-5 business days for delivery. All of the larger, full size, new machines, which are shipped factory direct, will take approximately 4-10 business days to prepare the order for shipment and then an additional 3-5 business days for the freight carrier to deliver the merchandise. The merchandise will be packaged and delivered curbside to the address provided by Purchaser unless otherwise agreed to in writing by Buyer and Seller.
- Alternative Shipping. If Purchaser prefers a different shipping method, such as overnight delivery, Seller can accommodate such requests, however, at a shipping cost to be prepaid for by Purchaser. Purchaser may also arrange for C.A.P. (“customer arranged pickup”) which designates that the Purchaser will arrange a carrier of its choice to pick the goods up at Seller’s premises within thirty (30) days of purchase of the merchandise, and the liability for any damage or loss shall belong to Purchaser.
With an F.O.B. destination shipment, all shipments are insured by Seller. If merchandise is damaged during delivery, Seller will repair or replace the damaged merchandise, as applicable, for free, provide entirely new merchandise, or reimburse Purchaser for the entire order, if necessary. However, it is the responsibility of Purchaser to document on the shipping carrier’s freight bill any and all damage(s) to the packaging and/or merchandise prior to signing the freight bill.
As a courtesy to Purchaser and as directed by Purchaser, Seller may store merchandise prior to shipping for up to one month from the time of the sale at no charge to Purchaser. However, the warranty period would start at the time the merchandise sells, NOT when it is delivered. If Purchaser would like Seller to store the merchandise longer than one month after purchase, then Seller may provide this service at a storage cost of $50.00 per machine or part, as applicable, per 3-month term. If Purchaser fails to make its storage fee(s) payments to Seller under this Agreement, then the unpaid payments due Seller from Purchaser shall accrue interest at the rate of twenty-one percent (21%) per annum, but such not to exceed the maximum rate allowed by law, from the date the payment was due until paid.
If Purchaser fails to pay the agreed upon storage fee(s), then Seller or its agent shall have the right to retain and sell the merchandise if its storage fee(s) is(are) not paid within 30 days of the date due. Purchaser and Seller enter into a separate Security Agreement in the form attached hereto as Exhibit A, which is incorporated herein by this reference.
Third Party Contractors
- Seller is not a partner, nor does it have any association or relationship, with any vending locating company. Seller shall not be liable for any issues that may arise with the locating or placement of any of the machines.
- Seller is not a partner, nor does it have any association or relationship, with any storage facilities. Seller shall not be liable for any lost or damaged merchandise after the merchandise has been signed for by storage facility designated by Purchaser for purposes of delivery.
Default, Venue and Jurisdiction
Upon default by Purchaser, a default fee of twenty-one percent (21%) per annum, but such not to exceed the maximum rate allowed by law, may be charged against any portion of Purchaser’s outstanding financial liability with Seller. In the event Seller is required to institute any legal proceedings, including but not limited to a collection proceeding, Purchaser agrees to pay for any and all reasonable fees and costs incurred by Seller during such proceeding(s), including, but not limited to attorneys’ fees, arbitrators’ fees, process server fees, or expert fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Purchaser further consents that any action pertaining to the terms of this Agreement shall be under the laws of the State of Colorado without regard to conflict of law principals. Both Purchaser and Seller acknowledge and submit to the exclusive venue of El Paso County, State of Colorado for any action arising out of or related to this Agreement.
The parties agree to submit to arbitration any dispute or controversy of any nature arising out of or relating to the interpretation or application of this Agreement, except any and all foreclosure or auction proceedings in accordance with the terms of the Security Agreement. Arbitration shall be conducted in Colorado Springs, Colorado in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except as modified herein, and a judgment upon the Award may be entered in any court having jurisdiction thereof. The arbitrator may grant such relief as may be deemed just and may assess the following expenses in favor of Seller, including, but not limited to: arbitrators’ fees, process server fees, administrative fees, costs & expenses, expert fees, and attorneys’ fees.
This Agreement contains the entire agreement between the parties related to the subject matter herein and supersedes all previous oral agreements or statements in writing with respect thereto. There are no other understandings or agreements, verbal or otherwise in relation thereto, between the parties except as herein expressly set forth.
This Agreement shall not be amended, supplemented or modified except by an instrument in writing signed by all parties.
If any provision of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby.
EXHIBIT A- SECURITY AGREEMENT
Accordingly, in consideration of the mutual covenants contained herein and in the Vending Agreement, the parties agree as follows:
(1) Security. Debtor grants to Secured Party, as and for security for the Vending Agreement, the Collateral.
(2) Representations and Warranties of Debtor. Debtor hereby represents and warrants to Secured Party that it will promptly pay and perform all of its obligations under the Vending Agreement. Debtor will promptly pay all taxes and assessments of every nature which may be levied or assessed against the Collateral.
(3) Default. Debtor shall be in default under this Agreement upon the happening of any of the following events or conditions:
(a) default in the payment or performance of any obligation, covenant, or liability contained or referred to herein or in the Vending Agreement, subject to any applicable grace period; or
(b) the dissolution or termination of existence of Debtor, the appointment of a receiver for all or any material portion of the property of Debtor, the making of an assignment for the benefit of creditors by Debtor, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Debtor while Secured Party is still in possession of the Collateral; or
(c) loss, theft, damage, destruction, sale or encumbrance to or of any of the Collateral, or the making of any levy, seizure or attachment thereof or thereon while Secured Party is still in possession of the Collateral.
Upon such default, and at any time thereafter, Secured Party may declare all obligations secured thereby immediately due and payable and shall have the remedies of a secured party under Article 9 of the Colorado Uniform Commercial Code. Expenses of retaking, holding, preparing for sale, selling, or the like shall include Secured Party’s reasonable attorneys’ fees and legal expenses. Any notice required to be given in connection with any sale or other disposition of the collateral shall be deemed reasonable if given not less than 10 days prior to the occurrence of the event of which notice is required.
(a) no waiver by Secured Party of any default shall operate as a waiver of any other default or of the same default on a future occasion. The taking of this Agreement shall not waive or impair any other security said Secured Party may have or hereafter acquire for the payment of the indebtedness owed by Debtor to Secured Party, nor shall the taking of any such additional security waive or impair this Agreement; but said Secured Party may resort to any security it may have in the order it may deem proper, and notwithstanding any collateral security, Secured Party shall retain its rights of set-off against Debtor.
(b) all rights of Secured Party hereunder shall inure to the benefit of Secured Party’s successors and assigns; and all promises and duties of Debtor shall bind Debtor’s heirs, executors, administrators, successors and/or assigns. In the case of more than one Debtor, the liabilities of Debtor hereunder are joint and several.
(c) Debtor specifically authorizes Secured Party to file one or more U.C.C. financing statements, renew the same as necessary, and take any other actions, all without Debtor’s signature thereon, as Secured Party deems necessary to perfect Secured Party’s interest in the Collateral.
(d) this Agreement shall be governed in all respects by the laws of the State of Colorado. Debtor further consents that any action pertaining to the terms of this Agreement shall be under the laws of the State of Colorado without regard to conflict of law principals. Both Debtor and Secured Party acknowledge and submit to the exclusive venue of El Paso County, State of Colorado for any action arising out of or related to this Agreement. No failure by any party to insist upon strict performance of any term or condition hereof, or to exercise any right or remedy hereunder, shall constitute a waiver of that term, condition, right or remedy on that or any other occasion. This Agreement may be modified, and any right hereunder may be waived, only in an instrument in writing signed by the party charged with such amendment of waiver. In the event of any litigation between or among the parties hereto with respect to the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief awarded, its reasonable attorneys’ fees and other costs of preparing for and participating in the litigation.
The Discount Vending Store has always been committed to maintaining the accuracy, confidentiality, and security of your personal and corporate information. We have established Privacy Principles to govern our use of customer information. The Discount Vending Store does not sell, share, or distribute Customer Information to any third party organization. The Discount Vending Store is responsible for maintaining and protecting customer information under its control. The purposes for which customer information is collected shall be identified before or at the time the information is collected. The knowledge and consent of the customer are required for the collection, use, or disclosure of customer information except where required or permitted by law. The customer information collected must be limited to those details necessary for the purposes identified by The Discount Vending Store. Information must be collected by fair and lawful means. Customer information may only be used or disclosed for the purpose for which it was collected unless the customer has otherwise consented, or when it is required or permitted by law. Customer information may only be retained for the period of time required to fulfill the purpose for which it was collected. Customer information must be maintained in as accurate, complete, and up-to-date form as is necessary to fulfill the purposes for which it is to be used. Customer information must be protected by security safeguards that are appropriate to the sensitivity level of the information. The Discount Vending Store is required to make information available to customers concerning the policies and practices that apply to the management of their information. Upon request, a customer shall be informed of the existence, use, and disclosure of their information, and shall be given access to it. Customers may verify the accuracy and completeness of their information, and may request that it be amended, if appropriate. Customers may direct any questions or inquiries with respect to the privacy principles outlined above or about our practices by contacting the designated person(s) accountable for privacy at The Discount Vending Store. If you would like to unsubscribe, please send email to firstname.lastname@example.org or snail mail at 5870 Southmoor Drive, Fountain, CO 80817 or call us at 1-855-200-VEND (8363)