THESE TERMS AND CONDITIONS OF SALE GOVERN YOUR PURCHASES OF PRODUCTS FROM NAQ GAMES ("COMPANY"). EVERY TIME YOU MAKE A PURCHASE ON OUR SITE OR DIRECTLY FROM NAQ GAMES, YOU ACKNOWLEDGE AND ACCEPT THESE TERMS AND CONDITIONS OF SALE. Every order you place through Company will be deemed your offer to purchase our products. We may accept your offer either through an e-mail confirmation or through shipment of the items you requested. Our acceptance of each offer as specified is expressly subject to and conditioned on your acceptance of these Terms and Conditions.
All prices we show on this site are subject to change without notice. Prices stated at beginning of shipment apply. Applicable taxes or shipping and handling charges are not included in the product prices, but all such charges will be added to your invoice and will be visible at Check Out before you complete your purchase. Information about our shipping and handling rates is available at Check Out. We arrange for shipment of products purchased on the Site, but we are not liable for delays in shipments as shipping schedules are estimates and cannot be guaranteed! All payments (including shipping and handling charges) must be received by us prior to shipping – no C.O.D.s! We accept payment by the following: Visa, Mastercard, Discover and American Express. We may accept money orders or checks with prior written permission via email. Please do not send cash.
Please contact us at sales@NAQgames.com for all order-related issues. Online ordering is available for U.S. destinations only. If you would like us to ship games to a destination outside the U.S., please email us at shipping@NAQgames.com with your shipping address as well as the products and quantities you wish to purchase from NAQ Games. We will email you a quote that includes all shipping and handling charges, as well as instructions for placing international orders. We provide a secure order process for all online customers. Orders placed before 4:00pm EST will ship the following business day. Ground shipments normally arrive within 6-9 business days from the date of order. Business days do not include weekends or holidays. Shipping and Handling charges are based upon total order value. Interest on past due accounts shall bear interest at the lesser of 18% or the maximum rate allowed by law. Any returned or NSF checks will be charged a $40 per check fee. You shall be subject to jurisdiction in Orange County, CA. If your account is placed in collection, or if services of an attorney are required to enforce this agreement, you agree to pay all costs and fees, including reasonable attorney’s fees. Any free shipping offers only apply to One-payment option orders. Free shipping offer only applies for ground shipping within the 48 contiguous United States.
TWO-PAYMENT PLAN POLICY
Customers that choose the two-payment plan will be billed $19.95 per game plus the total shipping and tax on their first credit card charge. The second charge/amount for $19.95 per game will be charged approximately 30 days after the first charge. If the second charge/amount declines on the credit card, a NAQ Games representative will contact you and a $10 service fee will be added to the total. If the second charge/amount is not paid within 60 days of the original charge, an additional $25.00 collection fee will be added. If the second charge/amount is not paid within 90 days of the original charge, an additional $45.00 collection fee will be added and your account may be given to a collection agency. Only two games allowed on the two-payment plan. Any free shipping offers only apply to One-payment option orders. Free shipping offer only applies for ground shipping within the 48 contiguous United States.
We will accept your return of products (less 50% re-stocking fee) purchased through this site or directly from NAQ Games as long as the products and packaging are returned in their original condition (shrink-wrapped) within thirty (30) days of shipment to you. Shipping and handling charges will not be reimbursed.
CREDIT CARD PROTECTION
WARNINGS RELATED TO CHILDREN
This product is intended for use by adults and children over the age of 10 with the close supervision of adults. THE GAME INCLUDES PLASTIC GAME PIECES THAT COULD CONCEIVABLY BE SWALLOWED BY CHILDREN OR ANIMALS AND, IF SWALLOWED, MAY CAUSE CHOKING THAT COULD CAUSE SEVERE INJURY OR DEATH.
NAQ Games ("Company") warrants to the original consumer purchaser of this NAQ Game product that this product is free from defects in material and workmanship for a period of thirty (30) days from the original date of purchase; provided that proof of purchase is provided. Company agrees for such period of thirty (30) days to either repair or replace, at its option, the product. If defective, return the complete product along with proof of purchase, postage prepaid, to NAQ Games, 24881 Alicia Pkwy, Suite E-299, Laguna Hills, CA 92653 (attn: Service).
This warranty shall not be applicable and shall be void if the defect in the product has arisen through abuse, accident, unauthorized modification, misuse, abuse, unreasonable use, mistreatment or neglect including but not limited to failure to adhere to the warnings and instructions above. In no event will we be liable for more than the retail price of the Product and we will have no obligation to pay any costs for repairs performed by anyone other than Company, unless we give prior written approval for such third party repair. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY NATURE SHALL BE BINDING ON OR OBLIGATE COMPANY.
ANY APPLIED WARRANTIES APPLICABLE TO THIS PRODUCT, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE THIRTY (30) DAY PERIOD DESCRIBED ABOVE. IN NO EVENT WILL WE BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE PRODUCT (UNLESS COMPELLED BY MANDATORY APPLICABLE LAW).
Some states do not allow limitations as to how long an implied warranty lasts and/or exclusions or limitations of consequential damages, so the above-limitations and/or exclusions of liability may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary from state-to-state. This warranty is valid only in the U.S.A.
PATENTS, TRADEMARKS AND COPYRIGHTS
NAQ is patent pending. Any similar methods of play or imitations will be pursued to the fullest extent of the law. NAQ, NAQ logos, NAQ Games, NAQ Games logo and any product or service name or slogan contained in this web site or on/in the NAQ game box are either trademarks or registered trademarks of NAQ Games and may not be copied, imitated or used, in whole or in part, without the prior written permission of NAQ Games. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of NAQ Games, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of NAQ Games. Unless otherwise indicated, all materials and content on this web site including, without limitation, logos, text, graphics, designs and other files, as well as structure and arrangement, are the proprietary and copyrighted property of NAQ Games. Portions of this web site may be copied electronically and/or printed solely for personal, informational, non-commercial uses. Any other use of the materials in this web site, including commercial use or reproduction for purposes other than described above, without the prior written permission of NAQ Games is strictly prohibited.
NAQ Games is not responsible for the availability of external sites or resources linked to this site, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. NAQ Games shall not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
We reserve the right to furnish materially equivalent substitutions for materials which cannot be obtained in sufficient quantities, or to cancel the excess portion of the order. We shall not be in default if delivery is delayed or rendered impossible by forces of nature, war, civil commotion, governmental action, terrorism, fire, storm, flood, explosion, strikes, walkouts, other industrial disturbances, utility, services or transportation interruptions, or any other cause beyond our reasonable control. We may revise or modify products, product information or pricing without notice. We are not responsible for typos, fax or printing errors.
These Terms and Conditions of Sale will be governed and interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law. The parties specifically disclaim application of the U.N. Convention on Contracts for the International Sale of Goods. You specifically consent to personal jurisdiction in the State of California in connection with any dispute between you and Company arising out of these Terms and Conditions of Sale or pertaining to the subject matter hereof. The parties to these Terms and Conditions of Sale each agree that, subject to the arbitration requirement, the exclusive venue for any dispute between the parties arising out of these Terms and Conditions of Sale or pertaining to the subject matter thereof will be in the state and federal courts in Orange County, California; provided that Company may elect to bring an action against you in any applicable jurisdiction if you fail to submit to jurisdiction and venue in Orange County, California or to enforce any award or order. If any part of these Terms and Conditions of Sale is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. You agree that any suit, action or proceeding arising out of or relating to this Agreement or any of the transactions contemplated herein or related to Company (including without limitation, statutory, equitable or tort claims) shall be resolved solely by binding arbitration before a sole arbitrator under the rules and regulations of the American Arbitration Association ("AAA"); provided, however, that notwithstanding the parties' decision to resolve any and all disputes arising under this Agreement through arbitration, Company may seek to obtain injunctive relief or other equitable relief from a court to enforce the provisions hereof or the decision of the arbitrator. The arbitration shall be held in Orange County, California. The arbitrator shall apply the substantive laws of the State of California (without regard for conflict of laws provisions), shall issue a written decision, and shall have the power to award any legal remedies except for punitive damages. The parties will split the arbitrator's fee. You irrevocably waive any rights to bring or participate in any class action related in any way hereto.
These Terms and Conditions of Sale constitute the entire agreement among the parties relating to this subject matter. To the extent a purchase order, confirmation letter, or other communication is inconsistent with these Terms and Conditions of Sale, these Terms and Conditions of Sale will govern, unless expressly agreed in writing otherwise.
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