These terms of sale and terms of payment (“Terms”) form the basis of the contractual relationship between the applicant (“Customer” or “You”) and Park Hill Collections (“PHC”). These Terms apply to and govern the initial transaction between Customer and PHC, as well as all subsequent transactions. By accepting the merchandise listed on this invoice, you affirm your authority to bind Customer to the Terms, as well as Customer’s acceptance of these Terms. If you do not accept the terms, the merchandise must be returned immediately following the “Returns” policy listed below.
If any one or more of the provisions herein are in conflict with any statute or law, and therefore are not valid or enforceable, then such provision shall be reformed to comply with such law or statute. If reformation is not possible, then that provision shall be declared void, but only to the extent of such conflict, and without invalidating or affecting the remaining provisions hereof.
ACCEPTANCE: All orders are subject to PHC’s approval.
MINIMUM ORDER AMOUNTS: The first time Customer order minimum is $350.00. The Customer reorder minimum is $150.00. Amounts exclude freight cost.
COLOR VARIATIONS: PHC makes every effort to ensure your order arrives in as-advertised condition. Most of our merchandise is handcrafted. Please note that differences in color, form and finish are expected and add to the individuality of each piece. Bubbles in the glass are normal, and iron pieces will weather if placed outside.
PRICING/PRODUCT CHANGES/CANCELLATIONS/SIZES: All prices are stated and payable in U.S. Dollars. Products are subject to cancellation without notice, and all product sizes are approximate. Pricing, products, and sizes are all subject to change without notice.
DELIVERY: If a shipment is delayed by any unilateral action of inaction of Customer, PHC may invoice Customer for completed items that are ready for shipment on the scheduled shipment dates and may charge Customer for warehousing and other expenses incurred because of delay caused by Customer.
SHIPPING INSTRUCTIONS: Unless otherwise specified, all orders will be shipped FOB warehouse or shipping plant. PHC makes every effort to ship within 14 business days of the date requested by the customer. The primary means of shipment is FedEx. We do not currently ship to foreign countries except Canada or U.S. territories. We cannot ship to Postal Boxes. Please provide a physical shipping address for your order. Shipping and handling fees are charged according to the value of the order. Orders larger in size or weight may be delivered via common carrier. Additionally, should the order include oversized items or items which are “truck ship only”, the order will be shipped via common carrier and will not be released until either the total product ship value exceeds or the customer authorizes shipment. This policy exists to ensure reasonable freight rates for our customers. While shipping times may vary due to the seasonal nature of PHC’s business, normal shipping requires 1 to 7 business days from date shipped. PHC reserves the right to cancel any order, without notice, if necessary, due to product availability constraints or other reasons.
BACKORDERS: While we endeavor to maintain inventory stock on all items, on occasion some pieces may be backordered. They will be shipped to you immediately upon receipt unless you specify otherwise. Backorders under $100.00 are subject to automatic cancellation.
ORDERS DELIVERED DAMAGED: All items will be delivered in good condition to carrier. Claims for any damage after delivery by PHC to carrier shall be filed within five (5) business days by Customer. For UPS and FedEx, Customer will contact PHC at 1-888-603-3334 or customerservice@parkhillcollection.com, who will then file the claim. For all other carrier claims, Customer will contact the delivering carrier to file a claim.
ORDERS DELIVERED DEFECTIVE OR INCORRECT: PHC makes every effort to deliver merchandise to customers in good condition. In the unlikely event that an item with a manufacturing defect is received or that goods received are not in conformity with the order. WE REQUEST THAT CUSTOMER CONTACT US AT 1-888-603-3334 OR CUSTOMERSERVICE@PARKHILLCOLLECTION.COM FOR A RETURN AUTHORIZATION (“RA”). FLAWED MERCHANDISE MUST BE REPORTED WITH FIVE (5) BUSINESS DAYS OF RECEIPT OF MERCHANDISE, AND THE RETURN AUTHORIZATION NUMBER MUST APPEAR ON THE OUTSIDE OF THE RETURN CARTON. PHC WILL NOT CREDIT UNAUTHORIZED RETURNS. ALL AUTHORIZED RETURNS SHOULD BE SHIPPED TO PARK HILL COLLECTIONS, 1021 JESSIE ROAD, SUITE G, LITTLE ROCK, ARKANSAS 72202. All damaged, defective or incorrect items authorized for return must be packaged in their original shipping carton. Merchandise must be returned with freight prepaid by customer using carrier selected by PHC who will reimburse customer for cost of return freight.
ORDERS DELIVERED WITH MISSING ITEMS: If Customer receives an order with missing items (ordered but not shipped), please contact us at 1-888-603-3334 or customerservice@parkhillcollection.com to have the error corrected.
RETURNING GOOD MERCHANDISE: You may return to us any non-damaged, non-defective and unaltered merchandise within five (5) business days from the date of delivery. To receive a full credit/refund of the purchase price (shipping charges cannot be refunded), please call us at 1-888-603-3334 or customerservice@parkhillcollection.com with your request for a required return authorization. The customer will be responsible for arranging return shipping and all return shipping charges. The Customer should obtain package handling insurance for their protection. The items must be returned in their original packaging. Credit will not be given for returns made without authorization and/or past the five (5) business day time limit.
CANCELLATIONS: If you wish to cancel your order, please call us at 1-888-603-3334 or customerservice@parkhillcollection.com with your authorized cancellation. You must cancel an item or entire order at least five (5) business days before the requested ship date. Customers requesting an approval for an authorized cancellation after the order has been shipped may be subject to pay a 20% restocking fee and all freight costs associated with the shipment.
WARRANTIES: PHC warrants that all merchandise conforms with all applicable specifications, and that all goods are free from defects in material, workmanship, design, and fabrication. PHC’s liability, whether based on breach of warranty or contract or negligence in manufacture, shall be limited to replacement or repair, at PHC’s election, of all such defective or non-confirming goods. This warranty shall apply only when Customer has given PHC notice of defects or nonconformity within five (5) business days after receipt of the goods. THE FOREGOING CONSTITUES THE SOLE AND EXCLUSIVE REMEDY OF CUSTOMER AND THE EXCLUSIVE LIABILITY OF PHC AND IS IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY AND FITNESS FOR PURPOSE SOLO, WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL PHC BE LIABLE FOR LOSS OF USE OR PROFIT OR OTHER COLLATERAL, SPECIAL OR CONSEQUENTIAL DAMAGES.
CHANGES: Verbal or written changes to any order by Customer will be accepted by PHC within a reasonable time frame prior to the requested ship date. Customer will be obligated to pay any additional charges resulting from the changes, based on applicable prices then currently in force.
PAYMENT TERMS: MasterCard, Visa, Discover, or American Express. Debit Cards are not accepted. We do not accept C.O.D. shipments. We do not charge your credit card until the day we ship your order. Priority shipping is given to credit card orders. Orders may be subject to delay or cancellation if credit card information can not be obtained by PHC after several contacts, up to the time of planned ship date. PHC will consider Net 30 day payment terms for customers with orders greater than $2,500.00, if a credit application is completed and approved by the company. A Net 30 day payment terms order will not be shipped until the customer has been approved for credit payment terms.
TAXES: ALL CUSTOMERS MUST SUBMIT A SALES AND USE TAX EXEMPTION CERTIFICATE PRIOR TO SHIPMENT TO AVOID THE APPROPRIATE SALES TAX BEING CHARGED. We are required to charge sales tax on the merchandise total and the shipping and handling charges for orders placed in Arkansas. Please submit this form to Park Hill Collections, 1021 Jessie Road, Suite G, Little Rock, Arkansas 72202.
ORDER PLACEMENT/CUSTOMER SERVICE: A national network of independent PHC’ sales representatives is available to take any orders and to offer promotions not available anywhere else. You can contact PHC to obtain the name of your local representative or to place and order. Customer Service representatives are available Monday thru Friday from 8 a.m. to 5 p.m. Central Time. Occasionally, these hours may be extended; changes in our business hours will be announced accordingly. Please call 1-888-603-3334 or sales@parkhillcollection.com to place an order or receive assistance.
TITLE AND RISK OF LOSS: PHC warrants title to all goods sold and services supplied. Title to merchandise purchased under this order shall pass to Customer and all risk of loss or damages in such merchandise in transit shall be borne by Customer from the time such items are delivered from PHC to carrier. PHC shall bear risk of loss or damaged to all rejected items and items returned under the section entitled WARRANTIES upon redelivery by Customer to carrier with approved RA number.
APPLICABLE LAW: Any dispute arising under this order shall be governed by the laws of the State of Arkansas, except its choice of laws rules. The parties agree to submit and consent to the Jurisdiction of the federal courts located in and state courts of Arkansas and waive any right they may have to seek any change of jurisdiction or venue.
ASSIGNMENT AND SUBCONTRACTING: This order may be assigned or transferred by PHC without the prior written consent of Customer. PHC may subcontract the furnishing of any of the complete or substantially complete items required by this order, without the prior written consent of the Customer.
MODIFICATION: This order contains all the agreements and conditions of said. The terms and conditions in this order may not be added to, modified, superseded, or otherwise altered except by a written instrument signed by an authorized representative of the Customer and of PHC. Each shipment received by the Customer from PHC shall be deemed to be only upon the terms and conditions contained in the order, as approved by PHC.
NO WAIVER OF CONDITION: Customer’s or PHC failure to insist upon strict compliance shall not be deemed a waiver of a right under any section of this order.
QUESTIONS AND INQUIRIES: Please call 1-888-603-3334, fax 1-501-603-0960, or e-mail customerservice@parkhillcollection.com. Office hours are Monday through Friday, 8 a.m. to 5 p.m. Central Standard Time.
** Signing this sales order: 1) Indicates buyer’s approval that the sales order is complete and accurate; 2) Indicates buyer’s agreement with all PHC terms and conditions; 3) Authorizes PHC to charge the indicated credit card if applicable for all purchases in accordance with PHC terms and conditions; and 4) Indicates buyer’s agreement to update credit card information on file with PHC as necessary.