Terms

TERMS AND CONDITION OF SALE

TERMS AND CONDITION OF USE

BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY Remarkable Occasions YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Important Information About This Legal Contract
You agree to this User Agreement, and all of its terms and conditions, by visiting, browsing, shopping, accessing or otherwise using the Site. These terms and conditions are subject to change without prior notice at any time, in Remarkable Occasions's sole discretion. By visiting, browsing, shopping, accessing or otherwise using the Site after a change has been posted to the Site, the Customer accepts that change. Customers should check this User Agreement and the Privacy Pledge frequently

Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions, constitute a legal contract between you and Remarkable Occasions (References to "you" or "your" shall relate to a customer of Remarkable Occasions or other party that visits, browses, shops, accesses or otherwise uses the Site (the "Customer"); references to "Remarkable Occasions" shall relate to Remarkable Occasions and its affiliates.) By visiting, browsing, shopping, accessing or otherwise using this site ("Site"), you acknowledge that you have read, understood, and agree to be bound by this User Agreement and comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to this User Agreement, as it may be changed by Remarkable Occasions from time to time, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties. This Site is controlled and operated by Remarkable Occasions from its offices within the United States. Remarkable Occasions makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is not authorized. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of NY without regard to conflict of law rules. You consent to jurisdiction of the federal and state courts located in KINGS County, NY to hear any such claims.

Access, Interference and Linking
Remarkable Occasions grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except as provided below under "Use Restrictions," or with express written consent of Remarkable Occasions.
The following activity on the Site is expressly prohibited: Any non-personal or commercial use of any robot, spider, other automatic device, or manual process to monitor or copy portions of the Site or the content contained herein without prior written permission by Remarkable Occasions; collection or use of any product listings, descriptions, or prices, from the Site for the benefit of another merchant that supplies products competitive with or comparable to those offered on the Site; and, Any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the Site, or otherwise interferes with its proper and timely functioning.

Any unauthorized use terminates the license granted by Remarkable Occasions.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Remarkable Occasions, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Remarkable Occasions logo or other proprietary graphic or trademark as part of the link without express written permission.
Remarkable Occasions does not review or control third-party sites that link to or from the Site, and is not responsible for the contents of any third-party sites linked to or from the Site.

Use Restrictions
The copyright in all material provided on this Site is held by Remarkable Occasions or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Remarkable Occasions or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without Remarkable Occasions 's prior written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
All trademarks and registered trademarks are the sole property of their respective owners. Photographs courtesy of respective manufacturers. Remarkable Occasions and the Circle of Service logo are trademarks of Remarkable Occasions Copyright © 2002 Remarkable Occasions.

Microsoft and the Passport Logo are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries and are used under license from Microsoft.

Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Remarkable Occasions BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF Remarkable Occasions OR A Remarkable Occasions AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Arbitration
By accessing the Site and using the information therein available and/or by purchasing any products or services made available through this Site, you agree with Remarkable Occasions, its service providers, agents, employees, successors, assigns, affiliates, parents, subsidiaries and any content provider or offer or of goods or services on this Site or through any other associated activity, that ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed. The Code is available at http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. Notwithstanding any choice of law provision included in this User Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the award is sought). Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in Brooklyn, NY. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.

Privacy
Please review our Privacy Notice, which also governs your visit to this Site.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Site only with a parent or guardian. Remarkable Occasions reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Communications to Remarkable Occasions
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Remarkable Occasions for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Remarkable Occasions is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Remarkable Occasions or the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.

Copyright Complaints
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact:
Remarkable Occasions
Phone: 1-800-967-4193
Fax: 1-800-967-4193
Email: sales@remarkableoccasions.com

Disagreement with These Terms and Conditions
If you disagree with any of the terms and conditions of this User Agreement, please do not visit, browse, shop, access or otherwise use this Site.

Remarkable Occasions Terms and Conditions of Sale

PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT") VERY CAREFULLY.

THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH Remarkable Occasions. IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).

Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and Remarkable Occasions. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to "you" or "your" shall relate to the Customer; references to "Remarkable Occasions" shall relate to Remarkable Occasions and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.

This Sale Agreement constitutes the entire agreement between the Customer and Remarkable Occasions relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by Remarkable Occasions. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Remarkable Occasions at the address provided below.

In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.

Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NY, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN KINGS COUNTY, NY FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.

Title; Risk of Loss
Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title passes to the purchaser. Loss or damage that occurs during shipping by a carrier selected by Remarkable Occasions is Remarkable Occasions's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).

Export Sales
If goods herein being purchased are being purchased for purposes of export, the Customer must obtain from the federal government certain export documentation before shipping to a foreign country. In addition, manufacturers' warranties for exported goods may vary or even be null and void for goods exported outside the United States. The Customer should inquire further regarding any questions. Any and all liability is only for the products purchased.

General Legal Disclaimer
Remarkable Occasions HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY Remarkable Occasions IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.

Internet Disclaimer
Internet connectivity requires access services from an Internet access provider. Contact your local access provider for rates, terms and conditions.

56K Disclaimer
56K modems are capable of 56Kbps downloads, however, current regulations limit download speed to 53Kbps.

Third-Party Product and Y2K Disclaimer
All products sold by Remarkable Occasions are third party products and are subject to the warranties and representations of the applicable manufacturers, including but not limited to Y2K compliance. Accordingly, Remarkable Occasions makes no representation or warranty with respect to the Y2K compliance of products sold.

Pricing and Information Disclaimer
All pricing subject to change. For all prices, products and offers, Remarkable Occasions reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. High volume bids are welcome!
While Remarkable Occasions uses reasonable efforts to include accurate and up-to-date information on the Site, Remarkable Occasions makes no warranties or representations as to the Site's accuracy. Remarkable Occasions assumes no liability or responsibility for any errors or omissions in the content on the Site.

Limitation of Liability
Remarkable Occasions WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. Remarkable Occasions WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, Remarkable Occasions IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.

Arbitration
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Sale Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Sale Agreement), Remarkable Occasions's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed. The Code is available at http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. Notwithstanding any choice of law provision included in this Sale Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the award is sought). Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in Brooklyn, NY. Judgment on the award rendered by the arbitrator(s) may be entered by any court having jurisdiction. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.

Orders; Payment Terms; Interest; Taxes
Orders are not binding upon Remarkable Occasions until accepted by Remarkable Occasions. Terms of payment are within Remarkable Occasions's sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Remarkable Occasions may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. The Customer is responsible for sales and all other taxes associated with the order.

This Website may contain typographical errors or inaccuracies and may not be complete or current.  Remarkable Occasions therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice.  Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.  We apologize for any inconvenience.

Freight Policy
Shipping and handling charges on all orders vary; contact your Remarkable Occasions account manager for our most current and competitive rates, options and shipping specials. For the Customer's protection, we ship only to the verified billing address of the Customer's credit card. In some circumstances, international shipping may be available. Call for details.

Return Policy

• You have 7 days to return your order from the date of purchase.  Please e-mail us at returns@remarkableoccasions.com for a Return Merchandise Authorization (RMA) number before returning all items. All returns must be packaged in the original shipping cartons, including all packing materials and be the entire quantity ordered. Please mark the RMA number on the outside of all cartons being returned.
• Refunds will be less shipping and handling.  Shipping costs back to the warehouse(s) is your responsibility. 
• No returns of refunds will be allowed on personalized items, cards & invitations, wedding & party decorations, wedding columns and koch originals.

Refused Shipments / Delivery Failure
You will be held liable for return shipping (if applicable), duties and taxes (if incurred), and for all other associated fees when any of the following circumstances occur. Absolutely no refunds will be issued.

  - You refuse delivery of your parcel for any reason.

  - The carrier makes 3 unsuccessful attempts to deliver your parcel to your address because you are not at home.

  - You provided an invalid address.

All orders placed using a credit card are processed, packed, and shipped out of our warehouse within 3 business days.  Delivery time after that depends on your location and can take an additional 3 to 5 business days. We generally do not require that someone at your office or home sign for the package.  However, if anyone is present, the courier could possibly still ask for their signature.  If the courier records show delivery of the package to the address that you provide with your order, the order is deemed to be delivered.  It is your responsiblity to check the tracking number and to be there to receive the package. 

International Orders

Remarkable Occasions has partnered with a trusted third-party company, International Checkout, to fulfill orders for our International customers. Simply put the items you wish to purchase in our Shopping Cart and choose the "International Checkout" option. Your items will be transferred to International Checkout for processing. You may pay by International credit card, PayPal or bank transfer. International Checkout will process your order, including billing, shipping and customer service. Once your order is complete, all inquiries should be directed to International Checkout at support@internationalcheckout.com 

Items That Are Out Of Stock:  If an item is not in stock you will be notified via e-mail or telephone as to when it will become available.  If you cannot wait until the item is back in stock and cannot find an item on the site to replace it you will receive a full refund on your order.

Personalized Items: Processing time on personalized products ranges from 9-12 business days before they are shipped out of our warehouse, with the exception of engraved products which can take up to 14 business days.  ALL SALES are final on personalized items.  Please be sure that you order enough pieces to cover all contingencies.

Orders placed via phone must be repeated by our Customer Service Representive.  Our Customer Service staff has been extensively trained in the correct format and procedure for repeating orders with engraving.  Personalized products are non-returnable, non-refundable.

Any item that is pictured with a placecard, or says "placecard included" in the item description, comes with the placecard included.  Sorry, we do not have extra placecards.

Order Changes or Cancellations

Your order is processed through our office as soon as it is received.  We guarantee changes or cancellations depending on what stage your order is in when you call.  If we catch your order before being processed, there is no charge for the changes or cancellations.  Remember, we process very quickly, so call us ASAP with any changes.  (Do not Fax or email changes or cancellations).

In case of error

In case of error, please call us Toll Free at 1-800-967-4193, within 7 days.  Refer to Account Number, Invoice Number and if the error is ours, we will redo it at no charge.  (We reserve the right to ask you to return any incorrect merchandise).