PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Song Enterprises Inc is an authorized sales agent for Batali Sunwear Products. Song Enterprises Inc offers the Batali Online, Batali Wholesale, Batali Boutique web site (the "Song Enterprises Inc Web Site" or "Web Site") to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated on the Web Site. By using the Web Site, you signify your acknowledgement of and agreement to these Terms and Conditions and any subsequent modifications. Song Enterprises Inc may revise these Terms and Conditions from time to time by updating this posting, with the new terms or conditions taking effect on the date of posting. You should review these Terms and Conditions every time you use this Web Site as they are binding upon you.
Shipping Times and General Information
Before we can ship, we process your order to verify availability of your product(s), shipping selections and credit card information. We will process your order within 2-3 business days depending on our volume.
- How fast you receive your order also depends on the shipping method you choose during the order process. We offer a variety of shipping services but please note that the shipping calculators used are estimates of ship times and does not include our processing time. Please allow 3-5 business days to process your order. All shipments of orders received on weekends go out starting on Monday, including priority shipments in the order that they are received. All shipping time estimates are in business days. Ground Shipping is estimated to be 5-7 business days depending on your location. Priority Mail can take 5 days and as little as 2 days. We have no control over the postal service.
- Actual shipping times vary by your location, product and method. Most items ship from our warehouse in Lake Havasu, Arizona. Some items will ship directly from the manufacturer and that can take a while longer. In that case, we will email you with an update on the status of your order.
- If the item you order is out of stock or will be delayed, we will email you with an update on the status of your order.
- If you require a faster method of shipping or you must have your items by a certain date PLEASE contact us by email or note your request on the check out page.
- We are happy to include a note with your shipment if items are a gift - such as Birthdays, Thank You's or other special occasions - no cost. Just include the message in the note section during check out.
- If there are items on back order, they will be sent as soon as they arrive. Due to our volume we receive shipments from our suppliers generally every week. In the event that we do not have all of your order instock, we may have your items shipped directly from the factory in New York.
- In the event your package does not arrive - please email us. We send all shipments with delivery confirmation. The postal service will not try to track an item for us until 45 days has past.
- When your item ships, you will receive an email from us with your account updated. Please make sure you white list our email addresses so messages from us are not caught by the spam filters. sales at batalionline dot com.You can log into your account at any time to see the status of your order.
How will you contact me regarding my order?
Immediately after you place an online order we'll send an automatically generated acknowledgment. We are not responsible for undelivered emails when errors have been made during the signup process. Please make sure you type your correct email address into the form.
You will receive confirmation of shipment within 2-3 business days, or be notified of any delay at that time. Availability of items is subject to stock on hand and/or availability of items from manufacturers. Credit card transactions are subject to verification by issuing bank.
Shipping Areas and Restrictions
We reserve the right to refuse service to individuals who give us incorrect email addresses, mailing address, or if we suspect fraud of any type.
We offer exchanges for damged or defective items only within 3 days of arrival. No refunds. Please contact us by email for a return authorization number before returning any item or your package will be refused and sent back to you. Your glasses come with a one year warranty against manufacture defect, please keep your receipt as proof of purchase.
All items returned, regardless of reason must have a Return Authorization Number written clearly on the box. NO items will be accepted without this number - NO EXCEPTIONS . Returns must have the sales receipt included with the item. All items must be new condition including packaging. Refunds will be refused if items have been worn or damaged. Return shipping costs are the responsibility of the purchaser and must be returned to the Arizona address on your sales receipt. No Return Authorization Numbers will be issued by phone. Items returned or refused by buyer are subject to a 25% restocking fee. Shipping costs are not refunded.
If you require replacement pieces or if your glasses break or to discuss warranty claims please contact The Creative Group at 718-366-8886 ask for customer service. They will advise you of the proper procedure and where to return your glasses. Any glasses sent to the Arizona address will be refused if there is NO return authorization number printed on the outside of the package. BataliOnline.com is independently owned and operated. We do not accept returns or exchanges on glasses bought from other stores.
At the present time we do not carry spare parts such as extra lenses, screws etc.
Personal and Noncommercial Use
The Song Enterprises Inc Web Site is for your personal and noncommercial use. As a condition to your continued use of the Web Site, you covenant and warrant to Song Enterprises Inc that you will not use the Web Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
Disclaimer of Warranties
Neither Song Enterprises Inc nor its officers, directors, members, employees, agents, third party information providers, merchants, licensors or the like warrant that the Web Site or its operation will be accurate, reliable, uninterrupted or error-free. If your use of the Song Enterprises Inc Web Site results in the need for servicing or replacing property, material, equipment or data, neither Song Enterprises Inc nor any of its officers, directors, members, employees, or agents is responsible for those costs. No agent or representative has the authority to create any warranty regarding the Web Site on behalf of Song Enterprises Inc. Song Enterprises Inc reserves the right to change or discontinue any aspect or feature of the Web Site at any time.
Song Enterprises Inc does not assume any liability for the contents of any material provided on the Web Site. Reliance on any information presented on the Web Site, is at your own risk.
You acknowledge that, in connection with the Web Site, information will be transmitted over local exchange, inter-exchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of Song Enterprises Inc. Accordingly, Song Enterprises Inc and its officers, directors, members, employees and agents assume no liability or responsibility for, the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Web Site.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE. NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE Song Enterprises Inc MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEB SITE CONTENT, SOFTWARE, TEXT, GRAPHICS AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE WEB SITE OR Song Enterprises Inc's SERVICES. Limitation of Liability YOUR SOLE REMEDY FOR DISSATISFACTION WITH AND DAMAGES ALLEGEDLY RESULTING FROM YOUR USE OF THE Song Enterprises Inc WEB SITE AND/OR THE CONTENT OR INFORMATION CONTAINED WITHIN THE Song Enterprises Inc WEB SITE IS TO STOP USING THE WEB SITE. IN NO EVENT SHALL Song Enterprises Inc, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES AND AGENTS, OR ANY THIRD PARTIES MENTIONED AT THE WEB SITE BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER(INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, DIRECT, INDIRECT, INCIDENTAL, SPECIAL EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE Song Enterprises Inc WEB SITE OR THE CONTENT OF THE WEB SITE WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT Song Enterprises Inc IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES AND COUNTRIES Song Enterprises Inc's LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
You agree to defend, indemnify and hold Song Enterprises Inc, its officers, directors, members, employees and agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, legal and accounting fees, resulting from, or alleged to result from, your use of the Web Site in a manner that violates or is alleged to violate these Terms and Conditions. Song Enterprises Inc shall provide you with prompt notice of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
The Song Enterprises Inc Web Site may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement by Song Enterprises Inc of the sites, but is for your reference and convenience only. Song Enterprises Inc is not responsible for the content or accuracy of any off-site pages or any other sites linked to Song Enterprises Inc. Nor does Song Enterprises Inc recommend or endorse any specific products or procedures that may be mentioned on or represented in advertisements on the Web Site. Linking to any other off-site pages or other sites is at your own risk and subject to the Terms and Conditions of Use of any hyper-linked site.
Unless otherwise prohibited under these Terms and Conditions, you are hereby licensed to create hyperlinks to the content on the Song Enterprises Inc Web Site, provided that the hyperlink accurately describes the content as it appears on the Web Site. Song Enterprises Inc reserves the right to revoke this license generally or your right to use specific links, at any time and may normally break any hyperlink at anytime without prior notice. Under no circumstances may you "frame" the Web Site or any of its content or copy portions of the Song Enterprises Inc Web Site to a server, except as part of an Internet service provider's incidental caching of pages. Each page within Song Enterprises Inc must be displayed in full (including all trademarks, branding, advertising and promotional materials) without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally
displayed on the page within Song Enterprises Inc.
Song Enterprises Inc retains full copyright ownership, rights and protection in all material contained on the Song Enterprises Inc Web Site (including all software, HTML code and other code). Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the Web Site without the prior written consent of the copyright owner. You agree not to modify any documents, graphics, images or other material found on this Web Site.
You may, however make single copies of materials displayed on the Song Enterprises Inc Web Site for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Web Site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from Song Enterprises Inc or the copyright owner of the copied material.
None of the material contained on the Song Enterprises Inc Web Site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise)resold or redistributed without the prior written consent of Song Enterprises Inc.
All content of this web site Copyright 2003 - 2006 Song Enterprises Inc. All rights reserved.
You expressly agree that exclusive jurisdiction for any dispute with Song Enterprises Inc, or in any way relating to your use of Song Enterprises Inc's Web Site ("Legal Action"), resides in the courts of the Mohave County, State of Arizona. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Arizona in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court in the State of Arizona. These Terms and Conditions are governed by the internal substantive laws of the State of Arizona, without regard to conflict of law principles. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any cause of action you may have with respect to Song Enterprises Inc must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
Song Enterprises Inc may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice posted on Song Enterprises Inc's Web Site, or by written communication delivered by first class U.S. mail. You may give notice to Song Enterprises Inc at any time via electronic mail or by letter delivered by first class postage prepaid U.S. mail or overnight courier at the addresses shown below:
Song Enterprises Inc
Attention: Legal Notice
1634 Linda Drive, Lake Havasu City, Az 86403
- OR -
With "Legal Notice" in the subject line.