Terms of Sale
Updated as of August 20, 2021
The Billboard Magazine Shop is operated by Billboard Magazine, LLC (the “Shop”). These Terms of Sale (these “Terms of Sale”) describe the terms that apply to the sale and purchase of products on the Shop operated by Billboard Magazine Licensing, LLC ("BB” or "we" or "us").
BB offers the Shop, including all information, tools and services available from the Shop to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Any new features or tools which are added to the Shop shall also be subject to the Terms of Sale. You can review the most current version of the Terms of Sale at any time on this page. We reserve the right to update, change or replace any part of these Terms of Sale by posting updates and/or changes to the Shop. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Shop following the posting of any changes constitutes acceptance of those changes.
The Shop is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE SHOP TERMS
By agreeing to these Terms of Sale, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Shop.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Shop or the Service, use of the Service, or access to the Service or any contact on the Shop through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Sale.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Shop is not accurate, complete or current. The material on the Shop is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Shop is at your own risk.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Shop and/or the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Shop or the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the Shop. These products or services may have limited quantities or are made to order and are subject to return or exchange only according to our Return Policy below. Orders cannot be changed or cancelled once sent to production.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the Shop. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Shop is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors on the Shop or in the Service will be corrected.
SECTION 6 – RETURN POLICY
We are not able to offer exchanges or refunds for all orders. Some items available for sale on the Shop are made on demand and have no inventory. These products are marked FINAL SALE in the product description. There are no exchanges, returns or refunds for these products.
For items marked “pre-order” in the product description on the Shop, a return/exchange can be requested. If you would like to request a return for an exchange or refund, please email us with your name, order number and item to return/exchange via firstname.lastname@example.org.
We can only offer replacements for the following limited reasons: if an item is defective or has been damaged in transit; if the size apparel which is delivered is not the size which was ordered; or if the item delivered is not the item which was ordered. If any of the above occur, we may provide a replacement of the same item in accordance with the details below.
DAMAGED GOODS; INCORRECT SIZE; INCORRECT ITEM
Defective and/or damaged merchandise due to shipping, incorrect size and incorrect item deliveries must be reported within 15 days of receipt. Please contact the Support team at email@example.com and we will provide instructions to request a replacement item.
To let us know about an issue, please contact our Support Team at firstname.lastname@example.org and submit the following information:
1) Your original order number
2) The nature of your request (e.g., requested replacement for specific size)
3) Images of the issue/damage
4) A shipping address to deliver your replacement item(s)
If your order has spent more than 15 business days in transit (for standard shipping) or exceeded the predicted shipping time for an expedited or overnight method, it’s probably lost in transit. At this point, you’ll need to contact the customer service team so we can file a claim with the shipping carrier. We require the order number, a short explanation of the issue, and the confirmed correct shipping address to process a claim.
Delivery issues should be reported within one month of purchase.
LOST INTERNATIONAL ORDERS
International deliveries are shipped using various partners and are usually completed within 1-3 weeks. However, packages may take up to 21 business days to reach their final destination. International deliveries do not provide consistent tracking updates, and this may cause a shipment to appear stalled on the delivery route. Other factors that may extend the delivery window:
- The package is handled by multiple carriers, including handoff off to local post offices
- Local customs department processing times vary depending on the country and declared value
- Carrier work stoppages, like strikes
- Inclement weather along the delivery route
Due to these variables, we cannot provide a guaranteed delivery date for international deliveries.
If your international order has not arrived at the delivery location by the 21st business day, please reach out to our Support Team at email@example.com so we can arrange a replacement at no cost to you. The reprint will be issued using the original shipping address and the shipping method.
INCORRECT SHIPPING INFORMATION
If an incorrect or incomplete address has been provided, the package will be returned to the vendor and may be reshipped at your cost.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on the Shop. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You are responsible for the accuracy of all order information. Billboard is not responsible for delays in processing or fulfilling orders caused by incomplete or incorrect order information.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Shop or the Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Shop (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Sale.
SECTION 9 - THIRD-PARTY LINKS
Certain content, products and services available via the Shop and/or Service may include materials from third parties.
Third-party links on the Shop may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries), or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Sale.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right and that any product reviews represent your true and honest opinion. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.
When you visit the Shop or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Shop. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
SECTION 11 - PERSONAL INFORMATION
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Shop or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Sale, you are prohibited from using the Shop or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14–INDEMNIFICATION; DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Sale is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Sale, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - CONTACT INFORMATION
Questions about the Terms of Sale should be sent to us at firstname.lastname@example.org.
Questions about the Terms of Service should be sent to us at email@example.com