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Terms and Conditions of Sale

The following terms and conditions of sale constitute the sole and complete agreement between you (“Buyer”) and Ecommerce Concepts, LLC, “NationwideSafes.com”, “Nationwide Safes & Security”, “Nationwide Safes”), its successors and assigns (“Seller”) as well as third party service providers of Seller. This agreement replaces all prior oral and written understandings between Buyer and Seller. Any supplemental or contrary terms of Buyer are hereby rejected in their entirety.

 

  1. Accuracy of Product Descriptions. Seller attempts to be as accurate as possible in its product descriptions. Despite these efforts, Seller does not warrant that product descriptions are free from error or complete. If a product sold by Seller to Buyer is different than described, the sole remedy of Buyer is to contact the Seller and request a return authorization, which would be subject to the terms of the Seller’s published Return Policy and these Terms and Conditions of Sale.

 

  1. Payment.
    1. If the Seller has extended credit terms to the Buyer, payment shall be due 30 days from the date of the invoice (Net 30), unless otherwise agreed to by Seller in writing, without deduction or offset. Past due invoices will be assessed a service charge of 2% per month or the maximum rate permitted by law, whichever is lower. If the Buyer fails to make any payment when due, Seller reserves the right to cancel Buyer’s credit line and terminate or suspend any unshipped purchase orders under which Seller has extended credit to Buyer. In the event of default by Buyer, Seller shall be entitled to, without limitation, recovery of all late fees, collection costs, and expenses, including attorney fees, and court costs.
    2. If the Buyer places a credit card or PayPal order with the Seller, the Buyer’s credit card or PayPal account will be charged in full for the order immediately upon order submission.

 

  1. Electronic Communications. Buyer consents to receive email communications from Seller and its third party service providers for the purposes of shipping, delivering, and providing customer service. Such communications may include, but are not limited to, order confirmations, shipping confirmations, order status updates, backorder notices, return instructions, and requests for corrections to suspected invalid or incorrect addresses and phone numbers. Buyer agrees that all communications that Seller provides to Buyer through email communications satisfy any legal requirement that such communications be in writing.

 

  1. Shipping.
    1. Risk of Loss. All products purchased from Seller are made pursuant to a shipment contract. Title and risk of loss pass to Buyer upon delivery of products to the carrier.
    2. Estimated Ship Dates. Seller may provide Buyer with estimated ship dates for various items in their order. These dates are merely estimates and subject to change. Seller is not liable for delays in delivery caused by failing to provide accurate estimated ship dates.
    3. Changes to Shipping Address.
      1. Address Change Requests Made Prior to Shipment. If Buyer wishes to change the shipping address of an order they placed that has not yet been released to the carrier, the Buyer must inform the Seller of the new shipping address, including any new delivery contact phone numbers, if applicable, by emailing the Seller prior to the shipment being released to the carrier. If such a communication is received by Seller prior to shipment, the Seller agrees to make reasonable efforts to change the Buyer’s shipping address prior to the order being released to the carrier. Notwithstanding anything to the contrary, the Buyer understands and agrees that Seller is not liable for failing to change the Buyer’s address prior to shipment if: (1) the order is in an advanced packing stage where changing the address is not practical in the Seller’s sole discretion; (2) the address change request does not specify the affected order record or the Seller is not otherwise able to determine the affected order record based on the information contained in the Buyer’s address change email communication; (4) the new shipping address is located outside of the lower 48 states of the USA; (5) the address change request is received after shipment. If the Seller is not able to change the Buyer’s shipping address prior to shipment, the Seller will promptly notify the Buyer. If the Seller is not able to change the Buyer’s shipping address prior to shipment, and if the Buyer requests the Seller to make an address change with the carrier, the address change request will be handled in accordance with Section 4(c)(ii) hereof.
      2. Address Change Requests Made After to Shipment. If Buyer wishes to change the shipping address of an order they placed that has already been released to the carrier, the Buyer must inform the Seller of the new shipping address, including any new delivery contact phone numbers, if applicable, by emailing the Seller. Buyer understands that it may not be possible for the Seller to change the shipping address with the carrier, either because it is not practical to do so, or because the order has already been delivered. If the Seller is able to change the shipping address with the carrier, Buyer agrees to pay any and all address change fees and additional transportation charges assessed by the carrier to effect the address change.
    4. Inspection and Damage.
      1. Inspection of Curbside, Loading Dock, and White Glove Deliveries. When an item is delivered and while the carrier is still present at Buyer’s shipping address, the Buyer agrees to inspect the shipping carton and packaging materials for any signs of visible damage. If there is visible damage to the carton, the Buyer agrees to note the damage on the carrier’s shipping document and inspect the product itself for visible damage to the product. If there is no visible damage to the product itself, the Buyer may accept the shipment, but must still note any damage to the carton on the shipping document. In this case, the Buyer agrees not to discard any packaging material. In addition, in this instance, the Seller recommends that the Buyer take pictures of the carton damage. If there is visible damage to the product itself, the Buyer agrees to refuse the delivery and note the damage on the shipping document. If the Buyer follows the preceding inspection protocol, the Seller will replace the damaged item at no cost to the Buyer. If the Buyer fails to follow this inspection protocol, either in whole or in part, the Buyer agrees that the seller will not be liable for any loss sustained by Buyer for damage to the item.
      2. Inspection of Small Parcel Shipments. If an item is delivered by a small parcel carrier (such as FedEx, UPS, or USPS), the buyer agrees to inspect the carton for damage. If there is visible damage to the carton, the Buyer agrees to refuse delivery with the carrier. If hidden damage is observed after delivery, the Buyer agrees not to discard the packaging material or carton until the claim against the carrier has been settled or until directed by the Seller in writing. If the Buyer fails to follow this inspection protocol, either in whole or in part, the Buyer agrees that the seller will not be liable for any loss sustained by Buyer for damage to the item.
    5. Replacement Packaging. If a manufacturer defect exists and the Buyer needs to return an item under warranty, and if the packaging has been discarded or is no longer intact, the Buyer agrees to obtain suitable replacement packaging at Buyer’s own expense so that the item may be safely shipped back to the origin warehouse.
    6. Special Provisions for White Glove deliveries.
      1. White Glove Delivery Damage Waiver. Some White Glove delivery providers may require the Buyer to sign a damage waiver before they will agree to enter the Buyer’s home or business or other location to deliver an item. Buyer is under no obligation to sign such a damage waiver. However, the Buyer understands and agrees that if the Buyer does not sign this damage waiver, the item will be undeliverable and the provisions of Section 4(i) (“Undeliverable Shipments”) hereof will apply.
      2. White Glove Insurance Certificates. Insurance Certificates may be issued for White Glove deliveries to commercial locations. Insurance Certificates are not available for deliveries to residential locations. If a Buyer requires an insurance certificate to allow the White Glove provider access to the Buyer’s commercial premises, Buyer acknowledges and agrees to request the insurance certificate from Seller in writing at the time that the order is placed.
      3. White Glove Delivery Restrictions. All White Glove deliveries have certain restrictions with respect to delivery location, placement location, and available dates and times for delivery. White Glove delivery restrictions include restrictions such as “delivery to main floor” or “two or fewer stairs leading to the placement location”. What is included with White Glove delivery service is specified on the applicable product page of the Seller’s website via a link from the product page to another page on Seller’s website that describes what is included with White Glove delivery. No additional services beyond those services specifically listed on the applicable White Glove delivery page are included, unless the Buyer has made prior arrangements with the Seller in writing and unless any additional applicable fees to provide such additional services have been prepaid by the Buyer. Example of things that are not included with standard White Glove delivery include, but are not limited to, stairs exceeding the number of stairs listed in the White Glove description, a delivery site that is not accessible via a 20-foot box truck, a delivery site located in a remote location, a delivery site where suitable parking is not available, required delivery dates and times outside of normal business hours, a delivery site where the width of the doors does not allow for adequate clearance of the item being delivered, stair landings that do not allow for enough clearance, and, in general, other business and physical restrictions that may make it difficult or impossible for the delivery team to place an item inside the Buyer’s home or business. Prior to delivery, the Buyer agrees to accurately and fully disclose any and all information regarding the Buyer’s delivery location requested by the Seller or by any 3rd party White Glove delivery provider assigned by Seller to complete Buyer’s delivery. Further, Buyer agrees and understands that failure to provide complete and accurate delivery information prior to delivery may result in delivery delays and additional costs to Buyer for additional delivery services, including delivery attempt fees, stair carry fees, floor protection fees, and additional labor charges, among other accessorial delivery charges. If delivery of Buyer’s order cannot be completed by the White Glove delivery provider because the delivery location is not accessible using the carrier’s chosen delivery truck and/or equipment; of if Buyer’s delivery cannot be completed because it would be dangerous to the delivery team and/or Buyer’s personal or real property in the delivery team’s sole discretion, the item will be undeliverable and the provisions of Section 4(i) (“Undeliverable Shipments”) hereof will apply.
      4. White Glove Delivery Waybills, Bills of Lading, or Delivery Reports. Buyer understands and agrees that signing a White Glove delivery provider’s Waybill, Bill of Lading, or Delivery Report is final and releases the White Glove provider and Seller from any obligation to perform any additional work.
    7. Shipping Method Cannot Be Changed After Shipment. If Buyer’s order has already been shipped, the shipping method cannot be changed. For example, if the Buyer ordered an item with Curbside delivery, the order cannot be upgraded to White Glove delivery after shipment.
    8. Storage Charges. If an item shipped to Buyer by freight truck cannot be promptly delivered to Buyer because Buyer is not ready to accept delivery, Buyer agrees to reimburse Seller for any and all storage charges levied by the carrier to postpone delivery to accommodate the Buyer’s desired delivery date. Seller agrees to notify Buyer in advance by email of the date that storage charges will begin to accrue and to notify Buyer of the daily rate or aggregate cost of such charges. Notwithstanding anything to the contrary, Buyer acknowledges and agrees to allow Seller, without protest or objection, to charge Buyer’s credit card account on file for any and all of these charges. Buyer’s failure to receive or reply to an email notice from Seller regarding storage charges, shall not, in any way, be deemed as anything other than an explicit approval by the Buyer to allow Seller to charge the Buyer’s credit card on file for the storage charges that have accrued.
    9. Undeliverable Shipments. If an item shipped to Buyer cannot be delivered to Buyer for any reason, other than freight damage incurred prior to delivery, the Buyer agrees to pay: (1) all freight charges incurred by Seller to ship the item to the customer’s shipping address and to return the item to the origin warehouse; (2) any storage charges charged to the Seller by the carrier; plus (3) a 15% restocking fee applied to the gross amount invoiced for the item(s) that could not be delivered or were refused with the carrier. Buyer understands and agrees that all such charges will be deducted from Buyer’s refund.
    10. Delivery Refusals and What Happens If The Carrier Is Not Able to Contact Buyer. If an item cannot be delivered because the carrier is unable to contact the Buyer to schedule a delivery appointment, or if the Buyer refuses delivery with the carrier, Buyer agrees to pay: (1) all freight charges incurred by Seller to ship the item(s) to the customer’s shipping address and to return the item(s) to the origin warehouse; (2) any storage charges charged to the Seller by the carrier; plus (3) a 15% restocking fee applied to the gross amount invoiced for the item(s) that could not be delivered or were refused with the carrier. Buyer understands and agrees that all such charges will be deducted from Buyer’s refund.
  2. Order Cancellations. Seller reserves the right to cancel any order for any reason. All orders are good until cancelled. If Buyer wishes to cancel one or more items on an order that have not yet been released to the carrier, and if all of the line items that Buyer wishes to cancel are regularly stocked items that are not being manufactured specifically fill the Buyer’s order, the Buyer must immediately notify the Seller by emailing the Seller an Order Cancellation Request. If such a communication is received by Seller prior to shipment, the Seller agrees to make reasonable efforts to cancel the applicable line items from the Buyer’s order record prior to releasing the items to the carrier. Notwithstanding anything to the contrary, the Buyer understands and agrees that Seller is not liable for failing to cancel any line items on Buyer’s order record if: (1) the Seller does not receive the Buyer’s order cancellation request in a timely manner; (2) the order has already been shipped (in which case the order cannot be cancelled for any reason, including, but not limited to any delivery delay); (3) the order is in an advanced packing stage where cancelling the order is not practical in the Seller’s sole discretion; or (4) the item(s) being cancelled are non-stock items or items being manufactured specifically to fill the customer’s order; or (5) the order cancellation request sent by Buyer to Seller does not specify the affected order record and the Seller is not otherwise able to determine the affected order record based on the information contained in the order cancellation request sent by Buyer to Seller. If an order cannot be cancelled for any reason, Seller will promptly notify Buyer by email. If an order cannot be cancelled, and the order is for a stock item that is not being manufactured specifically to fill the Buyer’s order, the Buyer may either accept the shipment or refuse delivery with the carrier. If an order cannot be cancelled and Buyer elects to refuse delivery with the carrier, Buyer agrees to pay all freight charges incurred by Seller to ship the item(s) to the customer’s shipping address and to return the item(s) to the origin warehouse, plus a 15% restocking fee applied to the gross amount invoiced for the item(s) that were refused with the carrier. All such charges will be deducted from Buyer’s refund. Cancellations of orders for non-stock items or items being manufactured specifically to fill the Buyer’s order will be assessed a 50% cancellation fee as liquidated damages.
  3. Order Confirmations. In the event of a discrepancy between the item(s) actually received by Buyer and the item(s) Buyer intended to purchase, the Order Confirmation emailed by Seller to Buyer confirming their order shall be the sole document used for the purpose of resolving such discrepancies.
  4. Special Policy Regarding Lost Combinations and Keys. For security and privacy reasons, the Seller does not, as a matter of policy, retrieve lost or forgotten combinations to safes or other security containers. In addition, the Seller does not sell or ship replacement key(s). If the combination or keys to Buyer’s safe or security container are lost, forgotten, or misplaced, or stolen, the Buyer’s sole remedy will be to contact a local locksmith or safe technician at Buyer’s cost for assistance.

 

  1. Miscellaneous. The following documents, which are located on the Seller’s website at NationwideSafes.com, are incorporated herein and made part hereof. In the event of conflict between one or more provisions of these Terms and Conditions of Sale and one or more of these documents, the provisions of these Terms and Conditions shall prevail.
    1. Terms of Use.
    2. Privacy Policy.
    3. Return Policy.
    4. Order Cancellations.
    5. Shipping Info.

 

  1. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. THE SELLER’S WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES, INCLUDING 3rd PARTY DELIVERY AND INSTALLATION SERVICES MADE AVAILABLE TO YOU THROUGH THE SELLER’S WEBSITE, ARE PROVIDED BY SELLER ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE SELLER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SELLER’S WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER 3RD PARTY DELIVERY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SELLER’S WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SELLER’S WEBSITE, PRODUCTS, AND SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SELLER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF SELLER’S WEBSITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER 3RD PARTY DELIVERY SERVICES MADE AVAILABLE TO YOU THROUGH ANY OF THE SELLER’S SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO BUYER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.