Terms & Conditions
Effective February 22nd 2020, all vendors placing a purchase order with ReaL4 Trading will be provided with a copy of ReaL4 Trading Vendor Terms & Conditions (the “Terms and Conditions”). Please read these Terms and Conditions carefully. By placing any orders for products sold and distributed by ReaL4 Trading, the vendor agrees to be legally bound by these Terms and Conditions. These Terms and Conditions are the sole and exclusive terms and conditions applicable to purchase orders placed with ReaL4 Trading, and may not be modified except as provided below.
Registration & Information
In order to place a Purchase Order a Pre-Order via ReaL4 Trading’s website (broadway-mirror.com and r4t.us), a vendor (referred to herein as “vendor” or by the pronouns “you” or “your”) must establish an account by completing the registration process and providing a valid Business Reseller’s Permit to ReaL4 Trading. ReaL4 Trading reserves the right to determine whether to activate your account based on the information submitted. All information provided in connection with registration must be accurate. It is your responsibility to ensure that the information is kept current. ReaL4 Trading will have no liability for inaccurate information or information that becomes outdated, and you will indemnify and hold harmless ReaL4 Trading, its employees, managers, officers, members, agents, successors and assigns from and against any and all claims, actions, losses, damages and expenses (including reasonable outside attorneys’ fees) arising out of or caused by your providing inaccurate information or your failure to provide updated information in connection with your registration. Information can be updated at any time by contacting email@example.com.
PLEASE NOTE: We do not permit the sale of our products via kiosks, flea markets, auction style websites, personal blogshops, mass order websites and home selling. This includes, Amazon, eBay, Walmart, Rakuten or any other similar market places. Doing so will result in immediate termination of your account.
- ITEMS PURCHASED: 1.1. Seller agrees to sell, and Buyer agrees to buy, the products (the "Goods") In accordance with the terms and conditions of this agreement.
- PRODUCT STANDARDS: 2.1. The Goods shall include the items listed in the Website. 2.2. All goods are presumed to be new and in sellable condition.
- ORDERS:3.1. Orders shall be placed through the company website, over the phone, or by Email.3.2. Orders will be reviewed and revised if necessary.3.3. Revised orders will be sent to the Buyer to review and confirm.3.4. Once confirmed, the order will be picked and may not be cancelled; cancellation will result in a 25% Restocking Fee.
- MINIMUM ORDER:4.1. The minimum amount for the first order to be placed is $300 USD (future order to be placed is $150 USD) 4.2. Any orders below that amount will not be processed until the order reaches the minimum.4.3. The Buyer will receive notification if the order does not meet the minimum, and will have a choice to cancel without any fees, or revise their order to qualify.
- WALK-IN BUYERS:5.1. Currently we are not open for walk-in buyers.
- ONLINE ORDERS:1. Orders place on our website will be checked periodically then reviewed and revised if necessary.6.2. Some items on the website may not be up-to-date and could be sold out or discontinued.6.3. If that is the case, we will honor your order, if the order was originally over the minimum order limit.
- PRE-ORDERS: 7.1. Some items may be available for pre-order or back-order.7.2. Pre-orders may be placed like any other order. Factory production time, severe weather, or U.S. Customs inspections may cause delays.7.3. ETA (Estimated Time of Arrival) dates on pre-orders are in terms just an “estimate” and could be changed at any time without notice to the Buyer.7.4. Payment for pre-order must be pre-paid or pre-authorized to charge at the time of the order.7.5. All pre-orders are final and non-refundable.
- SPECIAL ORDERS:8.1. The Buyer may request for special orders on items that the Seller does not normally carry or a quantity that is larger than usual stock numbers.8.2. In these cases, the Buyer must deposit a non-refundable 30% of the entire order.8.3. Factory production time, severe weather, or U.S. Customs inspections may cause delays.8.4. The ETA (Estimated Time of Arrival) dates on pre-orders are in terms just an “estimate” and could be changed at any time without notice to the Buyer.
- PAYMENT: 9.1. Payment shall be made to ReaL4 Trading 19 Arese Aisle Irvine CA 92606 at the time of ordering, unless otherwise stated.9.2. If any invoice is not paid when due, interest will be added to and payable on all overdue amounts at an 18% APR, or the maximum percentage allowed under applicable laws, whichever is less.9.3. Buyer shall pay all costs of collection, including without limitation, reasonable attorney fees. In addition to any other right or remedy provided by law, if the Buyer fails to pay for the Goods when due, the Seller at its option may treat such failure to pay as a material breach of this Agreement, and may cancel this Agreement and/or seek legal remedies. Payment will be made by Cash, VISA, MasterCard, American Express, Discover, Company Check, Money Order, Wire Transfer, PayPal or Cashier's Check.
- SHIPMENT AND DELIVERY: 10.1. Time is of the essence in the performance of this Agreement.10.2. Delivery of goods ordered will be made be by either UPS, FedEx, or Any or our agreement Carriers. 10.3. The Buyer will pay the actual fee for shipping, which will be included on the invoice. 10.4. The Buyer is responsible for letting the Seller know the details of their delivery address.10.5. Details include, but are not limited to: Residential or Commercial Address, Loading Dock Availability, Forklift Availability, Lift Gate Required, Inside Delivery, etc. Failing to do so will result in penalty fees from our carriers, and the Buyer will be 100% liable for those fees. 10.6. The Buyer may make arrangements for a third-party freight company to ship their orders from our warehouse.10.7. When doing so, Customers are liable for all fees and surcharges from their preferred carriers.
- WILL-CALL:11.1. The Buyer may choose the option of Will-Call when placing an order, Will-Call orders must be picked up within 5 business days.11.2. Additional Business Days will result in a storage fee of $10/day.
- PAYMENT OF TAXES: 12.1. Buyer agrees to pay all eligible taxes of every description, Federal, State, and Municipal, that arises as a result of this sale.
- WARRANTIES: 13.1. Seller warrants that the Goods shall be free of visible substantive defects in material and workmanship. 13.2. Seller agrees to indemnify, hold harmless, and protect Buyer, its affiliates, successors, assignees, customers, and users from any and all claims, demands, suits at law or equity, and all expenses including attorneys' fees, involving infringement or alleged infringement of any pate
- INSPECTION: 14.1. The Buyer, upon receiving possession of the Goods, shall have a reasonable opportunity to inspect the Goods to determine if the Goods conform to the requirements of this Agreement.14.2. If the Buyer, in good faith, determines that all or a portion of the Goods are non-conforming, the Buyer may return the Goods to the Seller at the Buyer's expense.14.3. The Buyer must provide written notice to the Seller of the reason for rejecting the Goods.14.4. The Seller will have 14 days from the return of the Goods remedy such defects under the terms of this Agreement.
- DEFAULT:15.1. The occurrence of any of the following shall constitute a material default under this agreement.15.2. The failure to make a required payment when due.15.3. The insolvency or bankruptcy of either party.15.4. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.15.5. The failure to make available or deliver the Goods in the time and manner provided for in this Agreement.
- REMEDIES ON DEFAULT: 16.1. In addition to any and all other rights available according to law, if either party defaults by failing to substantially perform any material provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may elect to cancel this Agreement if the default is not cured within 7 days after providing written notice to the defaulting party.16.2. The notice shall describe with sufficient detail the nature of the default.
- FORCE MAJEURE: 17.1. If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event.17.2. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or supplier failures.17.3. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased.17.4. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
- ARBITRATION: 18.1. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association.18.2. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement.18.3. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter.18.4. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties.18.5. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served.18.6. The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages.18.7. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration.18.8. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction.18.9. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law.18.10. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.
- CONFIDENTIALITY:19.1. Both parties acknowledge that during the course of this Agreement, each may obtain confidential information regarding the other party's business.19.2. Both parties agree to treat all such information and the terms of this Agreement as confidential and to take all reasonable precautions against disclosure of such information to unauthorized third parties during and after the term of this Agreement.19.3. Upon request by an owner, all documents relating to the confidential information will be returned to such owner.
- NOTICES:20.1. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the addresses listed above or to such other address as one party may have furnished to the other in writing.20.2. The notice shall be deemed received when delivered or signed for, or on the third day after mailing if not signed for.
- ASSIGNMENT: 21.1. Neither party may assign or transfer this Agreement without prior written consent of the other party, which consent shall not be unreasonably withheld.
- ENTIRE AGREEMENT: 22.1. This Agreement contains the entire agreement of the parties regarding the subject matter of this Agreement, and there are no other promises or conditions in any other agreement whether oral or written.
- AMENDMENT: 23.1. This Agreement may be modified or amended if the amendment is made in writing and signed by both parties.
- SEVERABILITY: 24.1. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.24.2. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
- WAIVER OF AGREEMENTUAL RIGHT: 25.1. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
- APPLICABLE LAW: 26.1. This Agreement shall be governed by the laws of the State of California. 26.2. Terms & Conditions of Use: Your use (accessing, browsing, buying, etc.) of this site is your legal agreement to the policies, terms, and conditions below. You also agree to comply with all applicable laws and regulations.26.3. If you do not agree to these terms, please do not use this site.
- USE OF MATERIALS ON WWW.BROADWAY-MIRROR.COM27.1. ReaL4 Trading maintains this website for your personal entertainment, information, education, and communication.27.2. Please feel free to browse the website. Without ReaL4 Trading’ prior written permission, you may not reproduce, distribute, modify, display, prepare derivative works based on, repost or otherwise use the content of this website, except that you may download one copy of the material in temporal storage on one computer for your personal, non-commercial home viewing only, provided you do not delete or change any copyright, trademark, or other proprietary notices.27.3. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right. If you are an owner of intellectual property who believes their intellectual property has been improperly posted or distributed via this website, please notify ReaL4 Trading 19 Arese Aisle Irvine CA 92606, and Attention: Legal Department.
- COMMUNICATING WITH ReaL4 Trading.:28.1. Any communication or material you transmit to the website by electronic mail or otherwise, including any data, questions or answers, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary.28.2. Anything you transmit or post may be used by ReaL4 Trading or its affiliates or licensed to others by ReaL4 Trading or its affiliates for any purpose, including but not limited to product or service solicitations, reproduction, disclosure, transmission, publication, broadcast and posting.28.3. Furthermore, ReaL4 Trading is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the website for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.
- DISCLAIMER:29.1. Despite our efforts to ensure that the information on our website is accurate, complete and current, there may be instances when information and or the material in this website could include technical inaccuracies or other errors.29.2. Your use and browsing of the website is at your own risk.29.3. ReaL4 Trading does not assume responsibility for continuously updating any page of this website. Unless there is a specific statement on a page of the website that the page has been updated on a certain date, you should not assume that the page has been updated or that the content of the page remains current.29.4. Neither ReaL4 Trading nor any other party involved in creating, producing, or delivering the website shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the website.29.5. ReaL4 Trading does not warrant that the functional aspects of the website will be uninterrupted or error free or that this website or the server that makes it available are free of viruses or other harmful components.29.6. Without limiting the foregoing, everything on the website is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.29.7. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.29.8. ReaL4 Trading reserves the right to correct errors and/or update the content on our website at any time without prior notice.
- LINKS:30.1. ReaL4 Trading has not reviewed all of the sites linked to this website and is not responsible for the contents of any off-site pages or any other sites linked to this website.30.2. The inclusion of any link to such sites does not imply endorsement by ReaL4 Trading of the sites.30.3. Your linking to any other off-site pages or other sites is at your own risk.
- GENERAL PROVISIONS:31.1. ReaL4 Trading may revise these terms from time to time by updating or revising this posting, with the revised terms taking effect as of the date of its posting. ReaL4 Trading controls and operates this website from its headquarters in Irvine, California, United States of America and makes no representation that these materials are appropriate or available for use in other locations.31.2. If you use this website from other locations you are responsible for compliance with applicable local laws.31.3. ReaL4 Trading ' products are available in many parts of the world. However, this website may describe products that are not available worldwide.31.4. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect.31.5. Any cause of action you may have with respect to this website must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.31.6. These terms will be governed by and construed in accordance with the laws of the State of California, United States of America without regard to its conflicts of law provisions.
- TRADEMARKS:33.1. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this website are registered and unregistered trademarks of ReaL4 Trading its affiliates, and others.33.2. Nothing contained on the website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on this website without the written permission of ReaL4 Trading or such third party that may own the Trademark displayed on the website.33.3. Your misuse of the Trademarks displayed on the website, or any other content on the website, except as provided herein, is strictly prohibited.