Terms & Conditions
Online Shop Terms and Conditions
These customer terms and conditions (“terms”) set out the terms and conditions relating to the use of our website at www.Pier63.com (our “Website”) and the contract between us for the sale of products (“Contract”) via the area on the Website where we sell products (the “online store”). These terms do not cover the sale of our products by third parties to you.
To use the Website, including the online store, you must first agree to these terms. You must not use the Website and may not accept these terms if you are not of legal age to enter a binding contract.
Please read these terms carefully and understand them, before ordering any products through our website (“products”). You should understand that by ordering any of our products, you accept these terms. You may print a copy of these terms for future reference.
We reserve the right to amend these terms from time to time without assigning any reason and at our sole discretion. Whenever you wish to use the Website, please check these terms to ensure you understand these terms which will apply at that time. These terms were most recently updated on 01 April 2023.
1. Introduction
This website www.Pier63.com (“Website”) is operated by Pier 63 LLC, a Washington limited liability company (“Pier 63”) organized and existing under the laws of the state of WA and having its registered place of business at 218 Main Street #542 Kirkland, WA 98033
These terms and conditions (“Terms”) relate to the use of our Website, sale of products and/or services on our Website (“Contract”).
Please note that by using our website, including to place any orders for products and/or services, you agree to these Terms. If you do not agree or are not of legal age to accept these Terms, do not use this Website.
Pier 63 reserves the right to amend these Terms from time to time without assigning any reason and at our sole discretion. These Terms were updated on 01 April 2023.
2. Products
2.1. Any images or photographs of the products that we put on our website are for illustration only and actual products available for purchase my differ.
2.2. Any packaging we use to provide the products to you may vary from any packaging indicated on our Website (where applicable).
3. Order for products
3.1. Our order process permits you to check the products and/or services ordered and amend any errors before checkout and payment. It is your responsibility to ensure the accuracy of your order before checkout and payment.
3.2. Your order is an offer by you to buy products and/or services on these Terms. Pier 63 accepts your offer (and form the contract of sale) when we send you an email acknowledging your order (“Order Acknowledgment”).
3.3. Pier 63 may refuse to accept your order or cancel your order at any time:
3.3.1. Where the product is not available.
3.3.2. Where we cannot obtain authorization for your payment.
3.3.3. Where we suspect it is a fraudulent transaction.
3.3.4. If there has been a stock, pricing, or product description error (see clause 3.4 below); or
3.3.5. If you do not meet the eligibility criteria set out in clause 4 below.
3.4. All our products are subject to availability. If, for any reason, any or all of the products you have ordered are or become unavailable or there has been an error in the price on our Website, Pier 63 will make reasonable efforts to notify you of this as soon as reasonably possible after becoming aware of it. Pier 63 does not warrant to sell the product to you at the listed price in the event of any error or omission in the listing of the price.
4. Eligibility
By placing an order through our website, you warrant that:
4.1. You are legally capable of entering into binding contracts.
4.2. You are at least 18 years old.
4.3. You are a Pier 63 resident.
4.4 You are purchasing the products and/or services for your own use only and not for re-sale purposes.
4.5. Any information you provide to us is complete and accurate; and
4.6. You agree to bear all liability and fully indemnify us against any action, claim, proceeding or demand arising out of your breach of these Terms.
5. Third party links
Pier 63 may provide links on our website to the websites of other companies, whether affiliated or not. Pier 63 does not give any undertaking that products you purchase from third party websites through our Website, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. You acknowledge that Pier 63 is not responsible for the availability of, and does not endorse the content of, links to external third party websites. This disclaimer does not affect your statutory rights against the third party website owner.
6. Delivery location
The delivery address must be located within serviceable areas in the US, which may vary depending on the product category that you are ordering. We ship nationwide only for mobile products and their accessories; while for audio/video, monitors, digital appliances and their related accessories.
7. Delivery method
7.1. Pier 63 will use a third party courier service to deliver the products to you.
7.2. Delivery of the products does not include installation unless expressly or otherwise specified in the agreement.
7.3. Pier 63 will be deemed to have delivered the products to you when we deliver them to the address you indicated when you placed your order. Once delivered, risk of loss and damage of the products shall pass on to you.
7.4. Our third-party delivery partner may contact you via phone call/SMS to notify and coordinate with you on the delivery of your item(s).
7.5. Whether your order will be delivered at home or picked up in-store, you will be required to present a valid government ID that matches the full name that you have indicated upon placing your order, to protect your order from incorrect delivery or receipt by an unauthorized person. Your representative may also receive your order by presenting your authorization letter, your valid government ID with signature, and your representative’s valid government ID. You or your authorized representative will be required to sign for the confirmation of the delivery. Any delivery authorization may be denied, and Pier 63 shall have no liability for incorrect delivery or improper authorization receipts. It is the customer’s responsibility to obtain proper delivery authorization or product acceptance. Pier 63 shall not be liable for any incorrect or improper delivery issues. Our store personnel or logistics staff reserves the right to accept or decline the claim based on verification parameters.
7.6. Pier 63 will notify you if we are unable to meet our estimated delivery time or date for any reason. Pier 63 shall not be liable for any delivery failures or delays by our third party courier service.
8. Price and payment
8.1. The prices of the products and/or services quoted on our Website are in US Dollars, and includes tax. Unless otherwise specified, the prices of the products quoted on our Website do not include delivery charges.
8.2. Prices and delivery charges are subject to change at any time. Changes will not affect orders that have already been placed and acknowledged, save in the situations under clause 3.4.
8.3 All payments on this Website are processed via secured payment gateway facilities and will be subject to any further terms and conditions of these providers.
9. Risk and title
9.1. Ownership of the products will only pass to you on the later of either (i) delivery; or (ii) when we receive full payment of all sums due in respect of the products, including delivery charges (if applicable). Risk of loss or damage of the products will pass to you upon delivery.
9.2. In the event of payment transaction failure or duplicate delivery, and the products and/or services are delivered, unboxed or opened, utilized, resold, you undertake to make payment or return the products (in their original unopened condition) immediately Any return is subject to a restocking fee as agreed to by the vendor. Such amounts will depend on the product return.
10. Product warranties
Product warranty details can be found www.Pier 63.com
11. Exclusion of Warranties
11.1. You may have rights which cannot be excluded, restricted or modified. The exclusions of warranties, and the limitation of liability in clause 12 below, apply subject to any rights you may have under such laws.
11.2. You expressly understand and agree that your access to and use of the Website is at your sole risk and that the Website is provided on an “as is” and “as available” basis. In particular, Pier 63 does not warrant to you that:
11.2.1 Your access to and use of the Website, including for the purpose of purchasing Products through the Online Store, will meet your requirements (and you expressly acknowledge that you have relied on your own experience, skill and judgment to evaluate the Website and Products and that you are satisfied as to the suitability of the Website and Products to meet your requirements); or
11.2.2. Your access to and use of the Website will be uninterrupted, error free, timely or secure.
11.3. Without limiting the foregoing, and to the extent permitted by law, all express and implied representations, conditions, warranties, guarantees or other provisions that are not contained in these Terms are excluded, including any representations, conditions, warranties or guarantees as to acceptable quality, fitness for purpose or timeliness.
11.4. If any condition, warranty, guarantee or other provision is implied or imposed in relation to the Contract and cannot be excluded (a “Non-Excludable Term”), and Pier 63 is able to limit your remedy for a breach of such Non-Excludable Term, then Pier 63’s liability for such a breach of a Non-Excludable Term is limited to one or more of the following, at Pier 63’s option:
11.4.1. in relation to goods, the replacement of goods or the supply of equivalent goods, the repair of goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
11.4.2. in relation to services, the supplying of the services against or the payment of the cost of having the services supplied again.
12. Limitation of liability
To the fullest extent permitted by the law (and without limitation to any other provision in these Terms), Pier 63, and each of our related entities, exclude: any liability for direct, indirect or consequential loss or damage incurred by you in connection with our Website, whether through use of goods purchased online or any third party linked websites and any materials posted on it.
13. Use of any personal information and data you provide to us
Any personal information that Pier 63 collects from you on our Website will be in accordance with our privacy policy.
14. Availability and Confidentiality
14.1. Access to our Website, is permitted on a temporary basis, and Pier 63 reserves the right to withdraw or amend the Website without notice. Pier 63 shall not be liable if, for any reason, the Website is unavailable at any time or for any duration of time.
14.2. From time to time, we may, at our sole discretion, restrict access by any one user, groups of users or all users to sections, pages or parts of the Website and/or to our entire website without notice and/or assigning for any reason.
14.3. You must keep confidential any username, password, order confirmation number payment method and identification or any other piece of information provided and shall not disclose any information to any third party for any reason, except as required by law. Pier 63 reserves the right to disable, restrict, delete or cancel any username or password, whether chosen voluntarily by you or allocated by us, at any time, if (in our sole opinion) provides reason by you failing to comply with these Terms and Conditions.
14.4. You are solely responsible for providing and ensuring all the arrangements necessary to access the Website. You are also solely responsible for ensuring that persons who access the Website through your internet or mobile connection are aware of these Terms and Conditions and agree to comply with them. Please notify us at Pier 63.com immediately, in writing, if you become aware of any activities on your account that are unauthorized or you become aware your account details have been compromised.
14.5. Pier 63 reserves the right to suspend, modify or amend the Website at any time.
15. Viruses, Hacking and other offences
15.1. Misuse of the Website by knowingly or negligently introducing viruses, Trojans, worms, logic bombs or other material which is malicious or harmful is strictly prohibited. You must not attempt unauthorized access to the Website, the server on which the Website is stored and hosted, or any server, computer or database connected to the Website, or attack the Website via a denial-of-service attack, distributed denial of service attack or other similar means.
15.2. You must not attempt to apply exploits and abuse vulnerabilities that you may find on the site. Intentionally, unintentionally or otherwise, you must not circumvent defined purchase logic with any ability to manipulate, change or amend your order.
15.3. Doing any or all of the above-described activities will result in one or all of the following:
15.3.1. We will nullify your order and cancel all related activities to your order.
15.3.2. Your account will be blacklisted and be permanently banned from further authorization.
15.3.3. We will seek legal action. and pursue all remedies available.
15.4. Pier 63 will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or downloading any material posted on it or any third party linked website.
16. Transfer of rights and obligations
The Contract between Pier 63 and you is binding on both parties and on Pier 63’s successors and assignees. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without Pier 63’s prior written consent.
17. Waiver
The failure by Pier 63 to exercise or enforce any right or provision under these Terms will not constitute a waiver of such right or provision. Any waiver of any provision under these Terms will only be effective if it is communicated to you in writing.
18. Severability
If any court or competent authority decides that any of the provisions in these Terms or any provisions of the Contract is invalid, unlawful, or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
19. Applicable law
These Terms are governed by and shall be construed in accordance with the laws of the US and each party irrevocably submits to the non-exclusive jurisdiction of the courts of the US in respect of any dispute arising out of these Terms and/or Contract made through the Website.
20. Entire agreement
These Terms constitute the entire agreement between Pier 63 and you and shall supersede and replace in entirety all previous agreements and undertakings between Pier 63 and you. No variation or addition to these Terms shall be binding unless agreed in writing between Pier 63 and you.
Returns Period and Policy
We accept returns of products for purchases within 14 days of delivery only if they are faulty or the products delivered are not what you ordered (The model or color is different from what is indicated on the order summary).
Please refer to the additional provisions for our return policy.
Refund of product with a gift.
If you wish to return a product that came with a free promotional item, all items must be returned together to get a refund. If a free promotional item provided with a product is not returned, refund is not available.
Pier 63 may either refuse the return in full or accept your return, but reduce the amount of your refund amount by the full retail price of the promotional gift. Customer will not be able to only return promotional gift.
Refund of discounted package.
If you wish to return a package product that has been purchased at a discounted price during the promotion period of Pier 63.com, all the products in the package must be returned together at once to get a refund of the payment. If a product in the discounted package purchased by the customer is not returned, you will be refunded the cost of the package items minus the full value of the discounted price of the package items according to the retail price of Pier 63.com at the time of purchase by the customer:
– If the product (including components) is damaged after opening due to the consumer’s responsibility (damage, flooding, etc.), a restocking and return fee may apply.
– For custom-ordered products (e.g., stamping your name on the product surface)
– If personal hygiene items (earphones, Bluetooth headsets, wired headsets, headphones, etc.) are unpacked
– In case the value of the product is damaged because the product packaging has been opened and used or installed (except in the case of opening the packaging to confirm the contents)
– If some of the product components (manual, remote control, cable, etc.) are lost or missing
After applicable return period, the product is covered by the warranty terms and conditions from Pier 63. Please visit Pier 63 for more information. A return and/or restocking fee may apply.
Requesting for product return
Products may only be returned if found faulty / defective (within 14 days from date of purchase) and is subject to inspection of our authorized service centers. As provided in our agreements, any product return is subject to a return and restocking fee.