Standard Sales Terms & Conditions

The following terms and conditions form an integral part of all sales proposals presented by MegaChess, a subsidiary of Bizware Online Applications, Inc. In cases where our written proposal expands or conflicts with these standard terms and conditions, the proposal prevails.

Artistic Rights

We and/or our suppliers retain all data rights to the MegaChess products in terms of patents, trademarks and creative content. This means you may not copy our chess designs. You may sell or rent the products you purchase from MegaChess.

Backorders

When we advise customers of a backorder situation, we always offer customers the option to cancel their order for a complete refund (product & shipping), along with substitutions and partial shipments if possible. If they choose to keep their order open instead, we will work extra hard to get the vendor to resupply us promptly, and we guarantee that such customers will receive their shipment before anyone placing an order afterward. We will also honor the product price on the customer's order even if the vendor raises their prices to us on the resupply. If such a bakorder that a customer chooses to keep open is subsequently cancelled, after the above efforts on our part, we may reduce the refund by a fee equal to 10% of the order.

COD

We prefer not to ship product COD (Cash on Delivery). If the delivery service (Fedex, UPS, etc) cannot get payment, perhaps because you are away or because of a misunderstanding, they return the shipment to us and we get to pay shipping both ways. If you insist on COD terms, we require that you:

1. Prepay all shipping charges with a credit card, as well as a $30 COD collection fee. These fees are not refundable.
2. Pay the entire balance COD with a cashiers check.

Completeness

Our www.megachess.com website, any offer letter we may present, any notes appended to an order, and these terms and conditions form our complete offer. These documents supersede any other documents implicitly or explicitly modifying our offer, as well as any oral or outdated online representations regarding our offer. For example, this means that any promises you were made by a salesperson needs to be part of the order and/or its notes for us to be bound by such promises.

Consequential Damage

By agreeing to purchase MegaChess product, you waive any claims against MegaChess for any indirect, incidental, or consequential damages you may suffer as a result of purchasing MegaChess products. In particular, you have been advised of their weight and the potential this has for lifting-related injuries and for injuries to those on whom the pieces may fall. In the event a competent court rules in favor of such indirect, incidental, or consequential damages against MegaChess, you are agreeing to limit the damage award to the price you paid for the offending MegaChess product.

Customization Interpretation

If any portion of the requirements for your contract to develop custom chess sets become open to interpretation, as is often the case, we are free to use our interpretation as long as we can show that interpretation fulfills the written requirement. If you would like a particular interpretation, it is your responsibility to insure that we state your interpretation as part of the written requirements.

Customs and Import Taxes

MegaChess is not responsible for the customs, import duties, or any other taxes your country decides to levy against the product we ship to you. In many cases, we don't even know what those taxes will be, and they change from time to time for no apparent reason.

In the USA and many other countries, the amount you have to pay depends on what name you call our shipment. A hand-carved teak MegaChess set, for example, can be declared as a "chess set", which is duty free (no tax), or as a "wood carving", for which US Customs does request payment of duties. The only export document we fill out is called a Commercial Invoice, and on that we state what we call the product.

If you refuse to pay your country's import taxes, or for whatever reason your government refuses entry to our product, they will typically either confiscate the product, in which case you get no refund from MegaChess, or they will order the product to be returned to MegaChess, in which case we will give you a refund less our shipping costs in both directions.

Damage in Shipment

MegaChess pays for all products to be insured against damage by the shipper who delivers them. In order to honor claims for such damage, the shipper will require you to provide MegaChess with evidence of damage. This will include pictures of the damaged product and damaged box or packaging, if any. Key is that this evidence should be provided upon receipt of the product, and in no case more than 3 days after receipt of product. Otherwise, the shipper may deny our claim on the basis that the product may have been damaged in use after delivery.

If you provide us such evidence of damage within 3 days of receipt, we will provide you replacement product at our cost regardless of our claim with the shipper.. If you do not, we will do so only if the shipper honors our late claim. If some or all of the product needs to be returned to us, please see the Returns section below.

If you notice damage upon delivery, please so note on the form the shipper asks you to sign. If the damage appears significant, we support your right to refuse delivery.

Delivery Date Commitments

Some of our products need to arrive by a certain date, typically to be part of a party or event. Whereas we will do our part to expedite such deliveries, MegaChess cannot accept responsibility to deliver our products by a particular date. Too many uncertainties can intervene, notably the delivery company over which we have no control. If you place an order for 2-day delivery, for example, our responsibility is to obtain the 2-day delivery rate from the carrier, but not to deliver it in 2 days. That is the responsibility of the carrier. Your recourse would be with the carrier, not MegaChess.

If our product arrives too late for an event, you may return it at your expense per our Warranty for a refund, less our costs. We will in no case be responsible for the consequential damage caused by a late shipment.

Remember: You can always order product "Will Call", and make your own arrangements for pickup and shipping.

Expiration

All written offers of pricing and performance expire within three weeks of the date the offer is made unless extended in writing by us or accepted by you, typically by making the payment that is part of our offer. An online pricing expires as soon as new pricing arrives online to replace the old price, whether this occurs with or without notice.

Expedited Shipments

Any shipment requesting expedited or special handling will be surcharged $50, in particular, for overnight delivery. This is in addition to the surcharged fees of the shipping company, which will be reflected in the shipping charge.

Legal Action

If any legal action or proceeding is brought by either party to enforce any part of our contract, including these terms and conditions, the prevailing party shall recover, in addition to all other relief, reasonable attorney's fees and costs. The venue for all legal action is the nearest court of jurisdiction to San Clemente, County of Orange, California, USA.

Merchantability

We specifically exclude any claims of merchantability or suitability of our products for a specific purpose. This means our chess pieces are not guaranteed to help you play better chess, to impress your friends, or to accomplish any other purpose whatsoever.

Warranty

Teak may discolor or crack, particularly if our care instructions are violated. We will repair or replace at our discretion such pieces for five years from the purchase date if you send them to us with proof of purchase and prepay shipping back to yourself.

Many MegaChess products are produced by artisans. The quality control you may expect in a manufactured product does not exist when products are made by hand. There will be variations in the wood and the style and expertise of the wood carver, as well as scuffs and nicks.

Some variations may be intentional on the part of the artisan to convey an effect. One person's workmanship defect is another person's artistic effect. No one can warranty artistic taste, but we will allow customers the one-time ability to return MegaChess product, except custom carvings, for whatever reason, artistic or otherwise. To exercise this warranty, you must ship the product back to us in good condition, postmarked no later than 3 days from the date you received it. You are responsible for shipment costs back to us, and for a restocking fee that is the greater of our shipping fee to you or 10% of the price of the product.

If we ship products other than the products you ordered, you may return them for a complete refund (no deduction for our shipping to you) if you return them to us in the condition you received them within 15 days of receiving them.

If you decide to use or allow to be used some or all of our delivered products, our delivery will be considered completely accepted by you.

Returns

Please ship returns or any other product to the address below:

MegaChess
940 Calle Amanecer, Suite N
San Clemente, CA 92673

In all cases of returns, you are responsible to pack the products to arrive without damage. Repacking them in the same packaging we used to ship them to you will satisfy this.

Will Call

You may place a MegaChess order "Will Call". That means you will make all arrangements for pickup and delivery from us to you. We will provide a location in San Clemente, CA where you can pick it up within a two-week window. After two weeks, you get your entire purchase refunded, less a restocking fee not to exceed 10%.

We release your order to whoever shows up for it with paperwork indicating your destination address. This can be a picture ID showing their address, or a shipper's instructions showing the ship-to address. We get their signature to prove that they picked it up, but our responsibility ends at that point. We do not guarantee that they will deliver it in a timely manner, without damage, or that they will deliver it at all.

Note that providing us a UPS, Fedex, or DHL account number for shipment is not the same as "Will Call". With such an account#, we still end up signing the shipper. That means that if the account# is incorrect or its payment is not made for any reason, we still get billed for the shipment. You must arrange a true "Will Call" pickup where the driver shows up with all paperwork pre-arranged by you without a need from a signature from us.

Revision: 22 June 2007