These Preorder Pledge Terms and Conditions (these “Terms”) govern the Pledge guarantee from placing of a preorder with ScaleTrains.com, Inc. (“ScaleTrains” or “we” or “us”) for a ScaleTrain product (“Product”).
1. Customer; Applicability
The customer must be at least 18 years of age and order directly from ScaleTrains via website or by phone. The Pledge is not applicable to retailers nor customer orders placed at a Select Retailer.
2. Approved Preorders
All preorders are subject to the Preorder Policy and must be accepted by ScaleTrains to qualify for the Pledge. Once a preorder has been submitted and approved, the consumer will receive a preorder confirmation via email. The confirmation verifies ScaleTrains pledge to fulfill the preorder. Be sure to save the confirmation email, as a copy will be required if the need to file a Pledge claim arises.
The customer must have a valid US-based debit or credit card on file. Payment via the credit card on file is due at the time of the preorder’s arrival, not at the time the preorder is placed. The Pledge does not apply to "Other Payment Methods" including but not limited to PayPal, money order, check, etc. If the debit or credit card on file is declined at the time of billing for any reason, the Pledge will not apply to the preorder.
If your preorder meets the terms and conditions set forth herein, and we are unable to fulfill the preorder within 30-days after the first date the Product is in stock on our website, we will post a $1,000 store credit on the customer's account once the preorder pledge claim form is submitted and approved. The preorder is considered fulfilled when the order is shipped from our warehouse to the customer.
To make a claim for the preorder Pledge, please complete the Preorder Pledge Claim Form by clicking here: _________
You can cancel your preorder within one (1) business day before billing by sending an email to email@example.com or call 844-987-2467, ext. 1 (844-9TRAINS) in North America or 423-299-3689, ext. 1 outside of North America. Customers with a cancelation rate of 20% or higher may become ineligible for the Pledge, at the sole discretion of ScaleTrains.
7. Force Majeure.
The Pledge shall not be applicable for any failure to perform due to an event beyond our control, including, but not limited to, any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, unavailability of materials, strike, earthquake, flood or any other natural or man-made eventuality outside of our control.
8. Entire Agreement, Modification and Severability.
We reserve the right, at our sole discretion, to change or cancel these Terms at any time. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms shall continue in full force and effect and the unenforceable provision shall be deemed to be modified solely to the extent necessary to make it enforceable. This Agreement represents the entire agreement governing your Preorder Pledge.
You may not assign your rights under these Terms (or your Preorder Pledge) without our express prior written consent.
10. Limitation of Liability.
UNDER NO CIRCUMSTANCES WHATSOEVER, SUBJECT ONLY TO THE LIMITS OF APPLICABLE LAW, SHALL SCALETRAINS PRODUCTS BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST PROFITS, LOSS OF BUSINESS OR LOSS OF OPPORTUNITY, REGARDLESS OF THE BASIS OR CIRCUMSTANCES OF ANY CLAIM, DAMAGE, LOSS OR EXPENSE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY CLAIMS, DAMAGES, LOSSES OR EXPENSES.
IN THE EVENT THAT WE ARE HELD LIABLE FOR ANY CLAIMS, DAMAGES, COSTS OR EXPENSES UNDER, ARISING OUT OF, OR WITH RESPECT TO THESE TERMS OR YOUR PREORDER PLEDGE, OUR LIABILITY SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT OF THE PREORDER PLEDGE.
11. Applicable Law.
The Terms shall be governed by and construed in accordance with the substantive laws of the State of Tennessee. All parties to the Terms agree to waive trial by jury as to any litigation arising from or pertaining to the Terms. The Terms shall be subject to the exclusive jurisdiction of the state courts of the State of Tennessee, with venue in Bradley County, Tennessee, and all parties hereby irrevocably submit to the jurisdiction of such courts with respect to any claim arising out of or in connection with this Agreement.