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Terms of Use

Welcome to Bopalacious, our website is www.bopalacious.com. Bopalacious is a Trademark and Service of Fusions of Fancy, Inc. ("Bopalacious"). When you use the Bopalacious services consisting of the Website you are doing business with Fusions of Fancy. Please read these terms of use ("Terms") carefully before using the Website. These Terms govern and apply to all persons who access and use ("Users") the Fusions of Fancy services consisting of the Bopalacious website and services ("Website" or "Services"). These Terms are a contract between the Users and Fusions of Fancy. These Terms apply only to your use of the Bopalacious Services, and do not apply to any other Fusions of Fancy URL or service unless otherwise indicated. By accessing or using the Website, you acknowledge that you have read these Terms, understand them, and agree to be bound by the Terms and Conditions described herein, including Bopalacious’ Privacy Policy. If you do not agree to all of these Terms and Conditions, please do not use our Website.


Rules and Conduct of Users
1. User must be at least 18 years or older to use these Services.
2. User is responsible for any activity that occurs under their username.
3. User is responsible for conduct and any data, text, information, screen names, and profiles ("Content") that is submitted to the Website.
4. User is fully responsible for securing account password and assumes liability for all activity and damage resulting from misplaced passwords.
5. User may not use the Services for any illegal or unauthorized purpose.
6. User may not transfer or sell their username and account to another party.
7. User may not impersonate another person or represent themself as affiliated with Bopalacious’ staff.

This list is an example and is not intended to be complete or exclusive. Bopalacious does not have an obligation to monitor your access to or use of the Services or to review or edit any information provided by the User. However, we have the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.


General Terms
1. You may not copy, modify or create derivative works of any Content on the Website, unless expressly authorized by Bopalacious.
2. You may not disassemble, decompile, or reverse-engineer Bopalacious or modify another website, application, or product offering so as to falsely imply that it is associated with Bopalacious.
3. You may not transmit any worms or viruses or any code of a destructive nature.
4. You may not, in the use of the Services, violate any laws in your jurisdiction.
5. You may not access Bopalacious' private API by any other means other than the official Services.
6. You may not access or try to access non-public areas of the Service, our computer systems, or the technical delivery systems employed by our Service.
7. You may not use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, crawl, scrape, or otherwise index any portion of the site or any content from Bopalacious including but not limited to posted items, User profiles, names, addresses, email addresses, and photos.
8. Violation of this agreement can result in the termination of your Bopalacious account. You also agree to indemnify and hold Bopalacious harmless as indicated in the indemnification section below.


General Conditions
1. We reserve the right to refuse service to anyone, for any reason, at any time.
2. We reserve the right to force forfeiture of any username that becomes inactive or violates copyright or trademark.
3. We reserve the right to reclaim usernames on behalf of business or individuals that hold legal claim or trademark on that username.
4. In the event of any inaccuracy or typographical error relating to an item’s description, price, offer, photograph, or availability, Bopalacious reserves the right to update, change, or cancel the order.


Return Policy
The Bopalacious collection is made up of handpicked vintage records and printed matter. The items available on our Website vary in age, condition and use. We strive to accurately describe, scan, photograph and/or record these items. We visually grade all recordings using a shielded direct fluorescent light source. We play grade and reproduce all sound recordings using a Numark TT 200 turntable and Shure M44-7 stylus. Please understand that sound reproduction systems vary, and that different turntables and styli affect that sound. We do our best to color correct images for the Website. However, we’re not responsible for colors that vary from the screen of one digital device to another. By purchasing an item, user agrees to our Website return policies, has read the full description, viewed all available scans and/or photographs, listened to entire available sound recordings of the item and referred to our Record Condition Guide. If you have any questions about an item, please contact us through our Website or directly at bopalacious@gmail.com before purchasing.

Terms and Conditions for Returns:
1. Returns of eligible items will be handled on a case-by-case basis. We work hard to provide exceptional product information but errors could occur. Should a mistake happen we would make an effort to correct your order either by refunding all initial costs or adjusting the selling price to everyone's agreement.

2. Buyer can request a refund, store credit or adjustment of the selling price (i.e. partial refund to keep the item). An item may be returned or price adjusted if it is shown that we grossly misrepresented it in the description. However, items marked “Final Sale” or similarly marked items are not eligible for return or adjustment. Items sold in-person are not eligible for return or adjustment. If in the unlikely instance we send you an item you did not order, we will issue you a full refund, including shipping costs via the method you used to make payment. Otherwise, the return process is as follows:

3. To request a return or adjustment of the selling price, you must contact Bopalacious at bopalacious@gmail.com within 3 days after receipt of your package. Requests for returns or adjustments after 3 days will not be accepted. You agree to provide Bopalacious with scans or photographs of the item if we should request it.

4. Returned item must be unaltered and accompanied with any original purchase order receipt, vendor packaging, pricing or company sleeve, cover, picture sleeve, dust cover etc. that came with the item and shipment. Return will be refused if any of the aforementioned is replaced or missing and/or if the item is in different condition than how it was sent, including odors such as cigarette smoke. We will inspect returns and we reserve the right to deny any item request based on the returned condition.

5. Returns must be postmarked within 7 days after your return request has been approved by Bopalacious.

6. If Bopalacious approves your return, you will be issued either a payment refund or a full store credit. If Bopalacious approves your request for adjustment of the selling price you will be issued a partial refund or partial store credit to keep the item. Store credit must be used within 1 year of issue date and cannot be transferred to another person or account. Any purchase amount that exceeds the value of the store credit will require an additional payment for the remaining balance due.

7. Domestic return shipping polices: Original USPS shipping charges paid by you are refundable. Bopalacious will pay for return shipping. However, you must pack the item in the same or better packaging than how it was sent and use an agreed upon USPS service. For unapproved or denied returns buyer will be responsible for shipping costs both coming and going. Bopalacious is not responsible for any delayed, lost, damaged, or stolen items during the return shipping.

8. International return shipping polices: Original USPS shipping charges paid by you are refundable. You will be responsible for return shipping costs and the item must be packed in the same or better packaging than how it was sent. For unapproved or denied returns buyer will be responsible for shipping costs both coming and going. Bopalacious is not responsible for any delayed, lost, damaged, or stolen items during the return shipping.


Shipping
Orders are processed and shipped within 3 days after receiving payment, excluding holidays, days we're set up at a fair and when we're out-of-town on a buying trip. Orders placed during these periods will be processed within 3 days upon our return. A notice regarding fairs and buying trips will be posted on our Website and sent via email. Please review the Website carefully for potential notices regarding shipping times. Also note that we sometimes use recycled packaging material.

Items will be shipped USPS along with a tracking number. We ship orders to the address you provide at checkout. Any additional cost for upgraded shipping is the buyer’s responsibility. You must contact us immediately at bopalacious@gmail.com after placing your order if you want any other USPS service and/or additional insurance. Shipping prices are by weight and include packaging material. Oversized and/or heavy shipments may be subject to additional charges. If your order is entitled to Free Shipping and it weighs over 1 lb we may send your package Media Mail insured. Bopalacious is not responsible for any delays, loss, damage or theft while your purchase is in possession of USPS or outside of the United States.

If you have any questions about shipping, please contact us through our Website or directly at bopalacious@gmail.com before purchasing.


Integration with Third Party Services
Bopalacious allows User to use the Services combined with the PayPal website and services. Bopalacious is integrated with third parties, which may include but is not limited to MailChimp, Pinterest and Twitter and their related services. If you are using Bopalacious combined, integrated, or used with third party products, software applications, or websites ("Third Party Service[s]"), you agree that: (i) you may be required to enter into a separate license agreement with the relevant third party owner or licensor for the use of their Third Party Services; (ii) the functionality of Bopalacious or the Service may be diminished when operating through a Third Party Service; (iii) Bopalacious cannot guarantee that the Service shall always be available on or in connection with such Third Party Services.


Ownership
By using our Website, Users acknowledge that our Website contains photographs, descriptions, information, data, typefaces, graphics, and other materials that are protected by copyright and trademark law, including all associated intellectual property rights. Users may not, in whole or in part: copy, modify, delete, add to, remove, publish, transmit, augment, transfer, create derivative works, sell, or participate in the sale or transfer of, or in any other way exploit any of the content featured on our Website. Any content featured on our Website may not be used under any circumstances without prior written consent from Bopalacious.


Modifications
Bopalacious reserves the right, at its sole discretion, to modify or replace any of these Terms, on the Website, by sending you notice through the Website, or via email. Bopalacious may also impose limits on certain features and services or restrict access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms periodically for changes. You demonstrate acceptance of these Terms each time you make a purchase on our Website.


Termination
Bopalacious may terminate, change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) or your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Service and related Content. Users may also terminate this agreement at any time. However, any obligations and liabilities made prior to termination of this agreement shall be strictly enforced.


Disclaimer
The items featured on the Website are provided “As Is” without warranties of any kind. Bopalacious expressly disclaims any duty to update or revise. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Website or the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, USES THAT MAY INTERFERE WITH THE PROPERTY RIGHTS OF OTHERS, GENERAL ITEM MODIFICATION, MODIFYING ITEM IN ANY WAY THAT IS INHERENTLY DANGEROUS, USING ITEM FOR OTHER THAN ITS INTENDED PURPOSE, USING ITEM IN ANY MANNER THAT DEVIATES FROM THE PRODUCT INSTRUCTIONS, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Website does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.


Third Party Links
We are not responsible for any off-site pages or any other website linked to or from our Website. Links appearing on our Website is for convenience only. Your linking to or from any off-site pages is at your own risk. We do not warrant the offerings of off-site pages or any other sites linked to or from our Website, nor do we assume any liability for the actions, content, products or services of such pages and websites, including, without limitation, their Privacy Policy and Terms of Use. Please review the Privacy Policy and Terms of Use of all off-site pages and websites you visit.


Indemnification
For any dispute you have with Bopalacious, you agree to first contact Bopalacious and attempt to resolve the dispute with us informally. You agree to defend, indemnify, and hold Bopalacious harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website and/or your breach of any representation, warranty, or other provision of the Terms.


Arbitration
For any dispute you have with Bopalacious, you agree to first contact Bopalacious and attempt to resolve the dispute with us informally. In the unlikely event that Bopalacious has not been able to resolve a dispute within 30 days, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or breach or alleged breach thereof (collectively, "Claims"), by binding arbitration. Unless you and Bopalacious decide otherwise, arbitration will be conducted in Los Angeles County, California. Each party will be responsible for paying any filing, administrative and arbitrator fees. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for experts and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Service. TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BOPALACIOUS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.


Governing Law
These Terms are governed by the laws of the State of California, without regard to any conflict of laws rules or principles. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.


Questions & Contact Information
Please contact us if you have any questions about our Terms.
Alternatively, Bopalacious can be contacted at: bopalacious@gmail.com


Effective March 9, 2016