FandangoNOW Merchandise Purchase Policy
Effective as of: April 1, 2016
FANDANGONOW MERCHANDISE PURCHASE POLICY
This Merchandise Purchase Policy (this "Merchandise Policy") was last updated on: April 1, 2016. When we say "our", "us", "we" or "Fandango" in this Merchandise Policy, we mean Fandango Media, LLC or its subsidiaries. When we say "Services" or "Site" in this Merchandise Policy, we mean websites operating under the Fandango, Rotten Tomatoes, Flixster, M-GO, FandangoNOW, Movieclips, Movies.com brands or other brands that we own, as well as those of our websites, applications, emails and other communications that link to or reference this Merchandise Policy or other Fandango Terms and Policies, or the other services provided through any of these means. This Merchandise Policy is subject to, and shall also include, the other Fandango Terms and Policies.
NOTICE OF ARBITRATION PROVISIONS: Your purchase of merchandise or other use of our Services is subject to binding individual arbitration of any disputes which may arise, as provided in the Arbitration section below as well as in the Fandango Terms and Policies. Please read the arbitration provisions carefully and do not purchase merchandise from Fandango or otherwise use our Services if you are unwilling to arbitrate any disputes you may have with us as provided below.
Our goal at Fandango is to make your experience of the purchase of goods within the FandangoNOW Store ("Merchandise") as easy and enjoyable as possible. Our Merchandise Policy is designed to provide you with much of the information you need. Please take a minute to read the following:
In order to purchase merchandise you must be at least eighteen years of age.
CHANGES TO THE MERCHANDISE POLICY
From time to time, we may revise this Merchandise Policy. You can determine when this Merchandise Policy was last revised by referring to the top of this page. Any changes to this Merchandise Policy will become effective upon posting of the revised Merchandise Policy on the Internet, accessible through the Services. By purchasing Merchandise through the FandangoNow Store or otherwise continuing to use the Services following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Merchandise Policy, as it may be amended from time to time, please do not purchase Merchandise from the FandangoNow Store or continue using the Services. Fandango shall not be liable to you in any way for any value or benefits you may lose as a result of any changes to the Merchandise Policy. In the event the FandangoNOW Store is suspended or discontinued, or you terminate your FandangoNOW account, you will not be able to view your purchase history of Merchandise. To the extent that an arbitrator or court of applicable jurisdiction determined that applying any changes to this Merchandise Policy would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid this Merchandise Policy being deemed illusory or unenforceable.
The FandangoNow Store sells Merchandise for adults as well as children. Any Merchandise for children however must only be purchased by adults, who can purchase them with a valid credit card ("Payment Method"). You must be at least 18 to purchase Merchandise within the FandangoNOW Store. Use of the FandangoNow Store is limited to persons who are legal residents of the United States, who have a valid email address on file. The FandangoNow Store is solely for your personal, non-commercial use. Fandango reserves the right to reject, cancel or invalidate any order if, in Fandango's sole and absolute discretion, it cannot fulfill the order for any reason whatsoever. The preceding sentence shall apply regardless of whether any online or electronic mail confirmation indicates to the contrary. No course of prior dealing, business practices (whether existing, past or future) of Fandango with respect to sales of Merchandise through online, offline or other channels or means, or industry practices, will modify, supplement or explain this Merchandise Policy. Once an order is submitted by you, no such order is cancelable, terminable, or deferrable by you for any reason whatsoever unless expressly approved in writing by Fandango.
While Fandango uses reasonable efforts to include up to date information on the FandangoNOW Site and other Services, including the FandangoNow Store, Fandango makes no warranties as to its accuracy, timeliness, reliability, completeness or otherwise.
Merchandise Descriptions. FandangoNow strives to provide as accurate information as possible. The FandangoNow Store includes advertisements or other links relating to Merchandise offered, sold, operated and otherwise made available by third parties. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Fandango of that third party or of any product or service provided by a third party. All specifications and descriptions are provided by the suppliers of the Merchandise. Fandango expressly disclaims any Merchandise description or specifications are accurate, complete or error-free, including but not limited to price, descriptions, specifications, and/or quantities. You acknowledge and agree that Fandango shall not have any liability to you with respect to any such third parties or products and services of such third parties, and that your dealings with all such third parties, including without limitation any purchase or use of any Merchandise, is at your own risk. If any Merchandise is not as described, please contact FandangoNow at help@FandangoNOW.com or via phone at 855-646-2580
Merchandise Availability; Pricing. As referenced in the Merchandise Descriptions section above, parties other than Fandango supply Merchandise within the FandangoNow Store. Fandango disclaims any responsibility for, and disclaims all warranties relating to the Merchandise or the suppliers of such Merchandise. Pricing for Merchandise are quoted and payable in U.S. Dollars. We cannot confirm the availability of any Merchandise. We additionally cannot confirm the price of any Merchandise until you place an order. We cannot guarantee any Merchandise will remain available, or that such Merchandise will be available at any particular price for any period of time.
Third Party Marks. All references to third party Merchandise, services, web sites, including screen shots are for informational purposes only and are not an endorsement, nor a recommendation, nor representation that M-GO is in any way affiliated with any third party. All third party trademarks displayed on the Site are the property of their respective owners.
Payment. By using the FandangoNow Store, you are expressly agreeing that Fandango is authorized to charge you any applicable purchase fees or taxes and any other shipping or handling charges you may incur in connection with your purchase of the Merchandise to the Payment Method you provided during registration (or to a different payment method if you change your account information). All payments for Merchandise, applicable taxes and any other shipping and handling charges are due at the time of your online purchase. Fees are payable in U.S. Dollars. For certain cards, a $1.00 authorization charge to be applied to your account may be required, which will be automatically credited back by such card in the same day. In the case of certain pre-paid cards, the validation process may take longer and the refund may be delayed by up to 48 hours by the issuing bank. Due to authorization balance holds on prepaid cards, some cards that may have a balance may not have sufficient balance available for purchase or activation. In this case, your card may be rejected by the bank. If your card is rejected and you believe there is a sufficient balance on the card, please contact your bank directly and ask that any authorization holds be removed to allow the available balance to be used. Once a pre-paid card has no funds available, the pre-paid card information is dropped from our secured payment processor storage, so a "replenished" card would be needed and the information for such Payment Method must be re-entered by you.
Non-refundable. Payments for Merchandise are non-refundable and there are no refunds or credits. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users ("Credits"). The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.
Delivery/Risk of Loss. You shall pay any and all freight, shipping and any other affiliated charges or duties associated with delivery of the Merchandise. You assume any and all risk of loss upon delivery of any Merchandise by Fandango or its supplier to the common carrier. Insurance will not be provided by Fandango or its supplier on any Merchandise while in transit. Neither Fandango nor its suppliers shall assume liability in connection with the shipment, nor shall the carrier be construed to be the agent or representative of Fandango or its suppliers. Fandango, or its suppliers, may ship partial shipments of any Merchandise order at its sole and absolute discretion. Fandango is under no obligation to provide notice of any expected delay for any shipment or delivery. Any estimates of shipping or delivery dates displayed or discussed online are preliminary good-faith estimates and shall in no way be binding or create any representation or warranty by Fandango.
EARNING AND REDEMPTION OF VIP REWARDS POINTS INTO DISCOUNTS FOR THE FANDANGONOW STORE.
You may earn VIP Rewards Points for performing qualifying activity within the FandangoNow Store, including the purchase of specified Merchandise, subject to the VIP Rewards Program Terms which are available here. You may also convert your VIP Rewards Points into discounts ("Discounts") which may be applied to transactions for Merchandise within the FandangoNow Store, subject to the VIP Rewards Terms. Discounts will not be automatically applied to transactions; you must affirmatively apply Discounts. Discounts must not be combined with or used in the same transaction as any other offer, including but not limited to with promotional codes. Discounts must be used only once and are not valid for prior purchases. Your Payment Method will be charged for any additional Merchandise items that are not covered and paid for with Discounts.
DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT THE FANDANGONOW STORE AND ALL MERCHANDISE, MERCHANDISE DESCRIPTIONS, PRICING, AND OTHER INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FANDANGO, ITS AFFILIATES, SUPPLIERS, AGENTS AND LICENSORS (COLLECTIVELY, THE "FANDANGO PARTIES") DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FURTHER THE FANDANGO PARTIES MAKE NO WARRANTY AS TO THE ACCURACY OR RELIABLITY OF ANY INFORMATION OBTAINED THROUGH THE FANDANGONOW STORE (INCLUDING THIRD PARTY DESCRIPTIONS OR MERCHANDISE), THAT ANY DEFECTS IN THE FANDANGONOW STORE WILL BE CORRECTED. SOME JURSIDICTIONS DO NOT PERMIT THE DISCLAIMER OR LIMITATION OF CERTAIN WARRANTIES, SO CERTAIN OF THE ABOVE PROVISIONS MAY NOT APPLY TO YOU. IN SUCH CASES, THE ABOVE PROVISIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
The laws of the United States of America prohibit the export of certain products, software and data to particular persons, territories and foreign states. Nothing from the FandangoNow Store may be exported, in any way, in violation of United States law.
We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to the Fandango Terms and Policies, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Services (including the FandangoNow Store), (ii) any Merchandise purchases or other purchases, transactions or relationships with Fandango, or (iii) any data or information you may provide to Fandango or that Fandango may gather in connection with such use, interaction or transaction (collectively, "Fandango Transactions or Relationships"), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Services, or engaging in any other Fandango Transactions or Relationships with us, you agree to binding arbitration as provided in the Fandango Terms and Policies.
If you have any questions about the information above, please contact us by email at email@example.com.