Certain products and services are made available to you ("you" or the "User") by PoleAndAerial.com or our corporate affiliates (collectively, "us", "we", “our” or "PoleAndAerial.com") through the use of this website (the "Site") and services (the "Services"). By purchasing any products or services through us, you hereby signify that you have read, understand and agree to be bound by the Terms of Sale in effect at the time of purchase ("Terms of Sale"). Your purchases and your use of PoleandAerial.com are also governed by our Terms of Service ("Terms of Service"), which are incorporated herein by reference.
We reserve the right, at our sole discretion, to update, change, modify, add, or delete portions of this Terms of Sale at any time without further notice and such changes shall apply to any purchases made after such changes are posted to the Site. Therefore, you should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make purchases on PoleandAerial.com.
PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Purchase Qualification and Your Account Security
To make purchases on PoleAndAerial.com, you must be a registered User and comply with these Terms of Sale (including the Terms of Service). You acknowledge that you are responsible for maintaining the security of your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. We sell our products only to users who can legally make purchases with a credit card. If you are under 18, you may make purchases on PoleAndAerial.com only with the involvement of a parent or guardian. We reserve the right to refuse or cancel orders or terminate accounts, at any time in our sole discretion.
Prices offered on PoleAndAerial.com are quoted in United States Dollars. Such prices do not include sales taxes, nor shipping and handling unless otherwise stated, which will be added to your total invoice price, if applicable. You are responsible for any taxes, duties, tariffs and other fees associated with your order. We reserve the right to change prices for products or services offered on the Site at any time, and we do not provide price protection or refunds in the event of a price drop or promotional offering.
We accept all major credit cards as forms of payment. By submitting an order through the PoleAndAerial.com, you authorize us, or our designated payment processor, to charge the account you specify for the purchase amount. Billing to your credit card occurs at the time of purchase or rental (as applicable) or shortly thereafter. You will bear all costs associated with a disputed credit card charge which results in action from our merchant account provider, otherwise known as "chargebacks". All payments are to be made in United States Dollars.
All Sales FINAL
We attempt to describe the items offered on the Site as accurately as possible; however, we do not warrant that the descriptions or other content on the Site are accurate, complete, reliable, current or error-free. All sales made through the Site are final, unless otherwise stated. No refunds or exchanges for items purchased through this Site will be made except as described in our Returns policy below.
Online Classes / Memberships
Broadband Internet connection is required. WE DO NOT PROVIDE REFUNDS FOR ANY CLASSES, LESSONS OR MEMBERSHIPS PURCHASED FROM POLEANDAERIAL.COM. All sales are final, non-cancelable and nonrefundable except as determined by PoleAndAerial.com in its sole discretion. If PoleAndAerial.com agrees to a refund, it will be in the form of credits to be used toward other classes, lessons or memberships or our store.
ALL Subscriptions, Memberships, Classes, Lessons, Instructional Packages, Business Listings, Studio Profile Listings, and more Are RECURRING BILLING
All subscriptions, memberships, lessons, instructional packages, studio listings, business listings, and other services are considered monthly or yearly recurring subscriptions, which are automatically renewable and will be automatically charged to your account on the appropriate date of renewal. Cancellations are self-serve within your account profile. Simply login and cancel your recurring payment membership. If you pay via CREDIT CARD, that is all you need to do. If you pay via PAYPAL, please note you must also cancel your subscription payment there as well as PAYPAL is a separately billed system. We cannot be responsible for any additional PayPal charges that may occur if you do not cancel your subscription there as well. You may cancel your listing at any time and you still receive all the subscription service/time for which you already paid for (e.g. you could cancel immediately after you purchase a 30 day membership and you will still receive all 30 days of your subscription). All features attached to your listing will terminate at the time of cancellation. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-YEAR OR PARTIAL MONTH SUBSCRIPTION PERIODS. NO EXCEPTIONS. You agree that, unless you cancel your listing five days prior to the effective date of the your billing, you authorize PoleAndAerial.com to charge the new applicable subscription fee (plus applicable taxes) to the payment method indicated on your account, and this policy gives us full authorization to charge your credit card on file for recurring monthly or annual memberships. By using our service, you are fully acknowledging your understanding and compliance that all membership pricing is RECURRING until the time that you officially cancel.
Preorders give our customers the opportunity to reserve an item before it arrives to our warehouse. When purchasing an item on preorder you will be charged in full at the time you place the order. Please note that the preorder delivery date is the date we expect the item in our warehouse. Upon receipt to our warehouse we ship the item to you. This date is an estimated date. We are unable to guarantee delivery dates for preorder items due to unforeseen delays by the manufacturers. Please know that we cannot control the dates that are given to us by the manufacturers. Preorder items are sold on a first come first serve basis. If for some reason we cannot fill your order we will issue a full refund.
ANY WARRANTY ON PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE ARE PROVIDED BY THE ORIGINAL MANUFACTURER ONLY AND NOT BY POLEANDAERIAL.COM. POLEANDAERIAL.COM ITSELF MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON THIS SITE. PRODUCTS AND SERVICES ARE PROVIDED OR SOLD "AS-IS" AND POLEANDAERIAL.COM DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. POLEANDAERIAL.COM CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. POLEANDAERIAL.COM DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by PoleAndAerial.com.
Limitation On Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL POLEANDAERIAL.COM OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO COMPANY FOR THE PRODUCT OR SERVICE, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1,000. YOU ACKNOWLEDGE THAT IF NO AMOUNT IS PAID TO COMPANY FOR THE PRODUCT OR SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS
Governing Law, Venue, Jurisdiction
You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern your use and purchase of products and services and these Terms of Sale, and any dispute of any sort that might arise between you and POLEANDAERIAL.COM or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California.
You agree to defend, indemnify and hold POLEANDAERIAL.COM, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, completely harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your purchase or use of any product or services, or any violation of this Agreement or of any law or the rights of any third party.
ADDITIONAL SHIPPING AND RETURN POLICIES FOR THE POLEANDAERIAL.COM STORE
PoleAndAerial.com ships globally, nearly everywhere in the world. There are destination restrictions on some products, so some products cannot be shipped to certain international addresses, of which we will notify you. Shipping costs and delivery dates are dependent on the size and weight of your items AND the final destination. All package weights are rounded up to the next full pound and We will estimate shipping cost and delivery dates when you place your order. Please note delivery date estimates are not available for all shipping carriers.
We do not charge sales tax on orders that are shipped outside the United States. However, customs charges, duties and/or local taxes may apply in your destination country. PoleAndAerial.com and our affiliates and partners are NOT responsible for these costs, tariffs, or fees in any way. Any package that is returned to us because of non payment of duties/taxes or abandonment within your country will be charged a 20% restocking fee and you will be responsible for any and all shipping. Remaining refund will be issued once we have the package back.
These fees will be strictly at your expense. For further information please contact your local customs office / authorities in your country.
Occasionally, there may be postal delays or your package may be stopped at Customs, please note that this is out of our control. We are not responsible for any shipping delays whatsoever. You will be provided a tracking number and it is important you follow up with the shipping carrier to properly accept receipt of your item. We cannot be responsible for missed delivery attempts or cases in which you are responsible to follow up with the shipping provider. Also, please note we are fully dependent on the address you give us to ship. If there is an address error, you will be responsible for any charges to re-ship the item. Most packages ship with ease, however, some international orders take longer and require just a bit more patience.
Out of Stock Items
Occasionally items may be out of stock. If this happens on an order of multiple items, we generally wait to receive stock and will ship all items together/complete in one shipment. Please note we cannot guarantee precise delivery on out of stock items as manufacturing is not in our control. We will, however, endeavor to always provide you with courteous, timely and accurate information concerning delivery to the very best of our knowledge.
Shipping For Halloween and Christmas
Halloween and Christmas seasons get busy. Processing times may be extended. Please contact us directly if you need your items by a certain date.
We are only able to ship shoes domestically. We do NOT ship shoes internationally. All shoe orders will be processed within 3 business days of your date of purchase and take an additional 4 – 7 days to reach you. All shoe orders are shipped UPS ground. Shoes are shipped separately from the apparel. We do NOT ship to PO Boxes or APO's!
USPS Priority International and FedEx includes shipping insurance and tracking. USPS Priority Domestic and First-Class Mail do not include insurance or tracking. FedEx provides a default $100 insurance. USPS Priority International only provide part insurance. PoleAndAerial.com is not responsible for uninsured packages that may be lost, stolen, or damaged. Please make sure you have read and understood our full Shipping and Returns policy as described in this section.
For LOST parcels you must wait 30 days for domestic and 45 days for International. Lost claims for shipments sent to Italy require a 60 day wait before filing. Damage claims can be filed immediately.
Currency Exchange Rates
All prices on PoleAndAerial.com are listed as USD (US Dollars). For your convenience, we have a currency converter on our website so you can calculate an estimated cost in your currency. Please be aware that this is only and estimate because exchange rates vary and your bank rate may differ. Also, please note that your bank may charge you international conversion fees and/or other fees when processing your transaction. Our exchange rates are updated regularly to keep inline with exchange rate movements. For more information please visit http://www.xe.com.
We have a strict no refund policy. However, we do wish you to receive the right size and style of items you may order and will do our best to issue replacements/exchanges.
You may return most new, unopened apparel items within 14 days of delivery for a full store credit. Please note you will be responsible to pay the return shipping costs - however if the return is a result of our error (you received an incorrect or defective item), we will pay the cost. NOTE: ALL CLEARANCE ITEMS ARE FINAL SALE. NO EXCEPTIONS.
Please allow time for your return package to ship to us (generally 3 to 10 business days). You can expect us to issue Store credits within 5 days of receiving the returned item. If you need to return an item, simply email us at email@example.com to receive an RA number and further instructions.
We only accept returns on unopened boxes (because we can re-sell the item) or on manufacture defects. On defects we offer part replacements. Refunds on X-Poles are minus the shipping costs (US - $30, UK - £10.22, Canada - US$60, Australia - AU$50) and you will also be responsible for the shipping back to the warehouse.
We will accommodate every reasonable request for shoe returns, however, you must note that dancing shoes show wear quickly and we are NOT able to accept any worn out item for exchange or refund. We do not accept returns after you dance in them, even if only for a short while, and the sole becomes scratched, as we can not resell these items. If they do not fit, send them back before you wear them or dance in them. All unworn defective items will be gladly replaced or repaired - free of charge. Please do NOT send us shoes that have been clearly worn. We are NOT able to return these items.
Custom Order Returns
We are NOT able to refund or exchange any special/custom orders or orders for equipment.
Refused Packages / Non-Payment of Duties / Non Acceptance of Shipment
Please be sure someone will accept delivery of your package. Customers will be responsible for both way shipping and handling charges, as well as a 20% re-stocking fee for all refused returned shipments. We cannot be responsible for any additional costs associated with you not taking or not being able to take delivery.