TERMS & CONDITIONS
OPENING AN ACCOUNT
Hello there! If you’re interested in ordering from Really Fun, LP (“RF”), we’ve got a simple process to get you started. Just make sure to send the following Account Application documents: copies of a Resale Certificate, Business License, and a Driver’s License or any other photo I.D. to hello@reallyfungameslp.com. We won’t be able to process your order form until we receive all the requested documents. Please note that submitting the Account Application documents doesn’t guarantee approval or the opening of an account. We appreciate your understanding, and we’ll do our best to make your ordering experience smooth and Really Fun!
ELIGIBILITY
By placing an order with RF, the Customer confirms that they are of legal adult age and possess the legal authorization to open an account with RF and make the purchases for the items they are ordering.
To ensure compliance, please note that orders will only be accepted from Customers engaged in legitimate business activities related to product lines carried by RF. Customers must purchase products strictly for retail resale to the ultimate end user from locations that have been registered and approved by RF. Sub distributing of any kind is strictly prohibited without the written consent of RF. Thank you for understanding and adhering to these guidelines.
RF is thrilled to welcome all of you with brick-and-mortar locations. We want to let you know that we do not allow the resale of our games through third-party websites like Amazon, Walmart Marketplace, eBay, Alibaba, and others. However, you’re more than welcome to sell our games through your own directly owned store website, but we kindly ask that you advertise our listed MSRP as your price. Please note that at RF’s discretion, we may request proof of a legitimate, operational, Registered Domain Name Website with a Shopping Cart feature. We appreciate your cooperation and understanding. Let’s make the most of our partnership!
RF maintains the right to exercise discretion in reducing, rejecting, or canceling orders from Customers based on various factors, including insufficient credit history, delinquent payments, refusal to accept ordered merchandise, and other reasons determined by RF. In certain cases, RF may also request prepayment, deposit, or security for payment at its sole discretion. We appreciate your understanding and cooperation regarding these measures.
SHIPPING/HANDLING
For domestic shipments, it’s important to note that they are made “F.O.B. Origin” from RF’s facilities. This means that once the order leaves our facilities the risk of loss and damage transfers to the Customer. We advise Customers to carefully inspect packages for any visible damage and make a note of any apparent problems before signing for a shipment. This will allow RF to assist the Customer in recovering the cost of any damaged merchandise from the shipping company. In cases where Customers pay a common freight carrier directly, they should file damage claims directly with the carrier. Your cooperation in this matter is greatly appreciated.
Unless expressly agreed upon otherwise, Customers are responsible for all shipping charges. Any exceptions to this policy will be specified on RF’s “Retailer Order Request” form available on their website. It’s important to note that RF reserves the right to modify shipping terms at their discretion. For orders that do not meet the criteria for free freight, RF will apply shipping fees that must be paid in accordance with the same terms as the Customer’s product order. If you have any questions or need further clarification, please refer to the specific terms outlined on the website or reach out to RF directly.
When it comes to international shipments, it is the sole responsibility of the Customer to fulfill all export and import requirements. This includes tasks such as engaging a freight forwarder, submitting all necessary paperwork, clearing Customs, and handling the payment of Customs and license fees, duties, sales tax, V.A.T., and any other associated import and export fees and expenses. The Customer acknowledges and agrees to undertake all of these requirements as outlined. Additionally, it is agreed that RF will retain title to the merchandise until it travels beyond the territorial jurisdiction of the U.S., at which point title officially passes to the Customer. Should you have any questions or need further information, please don’t hesitate to reach out.
DAMAGES
RF strives to deliver all merchandise in salable condition, but does not guarantee “mint condition” (see ‘Liability Disclaimer’ Section). Merchandise perceived as damaged may be reported to RF’s Order Team; a credit memo will be issued and/or replacement product will be shipped and invoiced, provided that such perceived damages are reported to RF within 3 days. If no replacement product is available, a credit memo will be issued. From time to time and completely at RF’s discretion, RF may request that merchandise be returned for inspection prior to shipment of replacement product and issuance of a credit memo for the damages claimed. At RF’s sole discretion, RF may accept photographs of perceived damaged product as a means to expedite this process. In any case, Customers shall not deduct the cost of damaged merchandise from their payments for the shipment containing the damaged merchandise.
In cases where RF determines that damaged merchandise needs to be returned before issuing a credit, the Customer will be provided with a return label to facilitate the return to RF’s returns department. It is important that the merchandise is returned within seven (7) business days from the Customer’s receipt of the return label. Failure to do so will result in RF invoicing the Customer for any previously credited items. Upon receipt, RF will inspect the returned merchandise and make a judgment on its salability. This judgment will be final. If RF determines the merchandise to be salable, it will be returned to the Customer at the Customer’s expense, and the Customer will be invoiced for any previously credited items.
Furthermore, if a Customer refuses any or all parcels during delivery or intentionally delays receipt of the product, RF reserves the right, at its full discretion, to deny damages and shortages claims related to any and all parcels associated with that shipment.
Please ensure prompt compliance with the return procedures and timely acceptance of deliveries to avoid any complications. If you have any questions or require further clarification, feel free to reach out to us.
PAYMENT TERMS/CREDIT GUIDELINES
All invoices will clearly outline the payment terms for the Customer. Please note that RF retains the right to modify or reduce these terms at any time and for any reason at its sole discretion.
Customer credit guidelines are assessed on a case-by-case basis, taking into consideration the financial information provided on Account Applications and other relevant factors. However, final decisions are made at the sole and absolute discretion of RF. If an existing Customer exceeds their established credit guidelines, immediate cash payment may be required to reduce the account balance. RF reserves the right to temporarily halt the shipment of products if an account balance surpasses the established Customer credit guideline.
Unless specified otherwise, domestic orders are shipped with “Due on Receipt” terms, indicating that payment is expected upon receipt of the order. For international orders, full prepayment is required. However, it is important to note that in certain cases, prepayment may also be necessary for domestic orders.
If you have any questions regarding payment terms or specific requirements, please don’t hesitate to reach out.
Customers are required to make payments within designated terms. Invoices not paid within 30 days of their due date will be subject to a late payment fee of 1.5% every 30 days on the outstanding balance. Customers are also liable for an additional 33% of their balance owed should it become necessary for RF to refer their account to a collection agency or attorney.
Dishonored ACH online payments are subject to a $25.00 service charge (per transaction). Dishonored ACH online payments, or any other failure to pay in full may, at RF’s sole and absolute discretion, result in the suspension or cancellation of shipments and/or extended terms, and/or the termination of the Customer’s Account and RF’s Agreement to ship product to the Customer.
Arrangements can be made to pay for purchases via ACH, credit card (VISA, MasterCard & AMEX), or Wire Transfer (the preferred method).
REPORTING SHORTAGES AND OVERAGES
If there are any shortages in the received shipment, the Customer must promptly notify RF within 24 hours of receipt. RF will make reasonable efforts to replace the missing items, if available, or issue a credit memo for the unfilled quantities. It is important not to place duplicate orders for the shorted merchandise to avoid potential issues.
RF values the Customer’s honesty in reporting any merchandise received but not billed. In such cases, RF will reimburse the Customer for the freight costs incurred while returning the overages. Please refer to the ‘Liability Disclaimer’ section for further details.
However, it is essential to note that at RF’s sole discretion, if a Customer refuses delivery of any parcels or intentionally delays receiving the product, they will forfeit the right to make any claims for damages or shortages related to that specific shipment, including all parcels associated with it.
RETURNS AND ORDER ADJUSTMENTS
The Customer acknowledges and accepts that due to the nature of the products purchased from RF, certain variations may occur, including changes in scheduled ship dates, creators, images, and more. Despite these variations, all merchandise sold by RF is considered non-returnable, unless RF provides written authorization for returns. If an item is eligible for return, the Customer must follow the Return Authorization process and ensure that the return is received before the designated deadline dates to be eligible for credit. Please note that RF will not cover freight costs associated with returns.
Once an order is submitted to RF, it cannot be reduced or canceled unless RF grants written authorization for such adjustments. Any authorized changes to an order must be communicated to RF within the specified due dates set by RF.
CONDITIONS OF SALE
All orders by Customers are binding upon acceptance by RF and cannot thereafter be cancelled or reduced by the Customer. By submitting an order as provided herein, the Customer agrees to be bound by the Terms of Sale.
In the event there is any discrepancy between these Terms of Sale and any purchase order, acknowledgement, or other documentation issued by the Customer, these Terms of Sale shall control.
By maintaining a retail account or otherwise entering into a business relationship with RF and accepting RF’s Terms of Sale, the Customer agrees to receive mailings, email bulletins and other electronic communications in regards to products, data, shipping and product updates, or any other information relevant to business operations with RF.
Failure of Customer to take immediate delivery of merchandise when made available by RF, or failure to pay for merchandise when due, shall be deemed breach of contract which may, at RF’s sole discretion, result in held shipments and/or cancellation of outstanding orders and/or loss of check writing privileges and/or loss of credit terms and/or legal action and/or the exercise of any other rights of RF under these Terms of Sale and/or any other available remedy at law or in equity. In addition to any other remedy available to RF, any Customer who refuses to accept ordered merchandise, or who by his payment delinquency or any other cause, forces RF to suspend shipments to the Customer, shall be liable to RF for a 50% cancellation charge for all merchandise the Customer has ordered, regardless of its status. RF shall restock all merchandise the Customer has ordered, and the Customer shall not be entitled to receive any of said merchandise unless payment in full is made to RF within two (2) weeks of the Customer default. Customers who breach these Terms of Sale shall be responsible for all fees associated with cancellation and restock of outstanding orders including, but not limited to, legal fees and court costs. Any product ordered by the Customer and shipped by RF that may be confiscated or held by Customs due to importing regulations is solely the responsibility of the Customer.
Customer further authorizes RF, irrevocably, to appoint any attorney designated by RF or clerk of any court of record to appear for the Customer in said court, and confess judgment against the Customer without process in favor of RF for all sums owing including the value of all outstanding orders placed with RF, costs of suit and reasonable attorneys’ fees, hereby expressly waiving all benefit under the exemption laws of any state in which the Customer operates and waives all errors in any said proceedings, and consents to immediate execution upon such judgment, hereby ratifying and confirming all that said attorney may do by virtue hereof. The authority and power to appear for and enter judgment against the Customer shall not be exhausted by one or more exercise thereof, or by any imperfect exercise thereof, and shall not be extinguished by any judgment entered pursuant thereto.
TERMS AND CONDITIONS OF SALE
Order Acceptance: All orders placed by Customers are binding upon acceptance by RF and cannot be canceled or reduced thereafter. By submitting an order, the Customer agrees to abide by the Terms of Sale.
Priority of Terms: In the event of any inconsistency between these Terms of Sale and any purchase order, acknowledgement, or other documentation issued by the Customer, these Terms of Sale shall prevail.
Communication Consent: By establishing a retail account or engaging in a business relationship with RF and accepting the Terms of Sale, the Customer consents to receive mailings, email bulletins, and other electronic communications pertaining to products, data, shipping and product updates, or any other information relevant to their business operations with RF.
Consequences of Non-Compliance: Failure to promptly take delivery of merchandise when made available by RF or failure to make timely payments may be considered a breach of contract. RF, at its sole discretion, may respond with actions such as holding shipments, canceling outstanding orders, revoking check writing privileges, withholding credit terms, pursuing legal action, or exercising any other rights available under these Terms of Sale or by law.
Cancellation Charges: If a Customer refuses to accept ordered merchandise or causes shipment suspension due to payment delinquency or any other reason, the Customer may be liable to RF for a 50% cancellation charge on all ordered merchandise, regardless of its status. RF will restock the merchandise, and the Customer will only receive the items upon full payment within two (2) weeks of the default.
Customer’s Responsibility for Fees: Customers breaching these Terms of Sale shall be responsible for all fees associated with the cancellation and restocking of outstanding orders, including but not limited to, legal fees and court costs. Additionally, if any products ordered by the Customer and shipped by RF are confiscated or held by Customs due to importing regulations, the Customer bears full responsibility.
Judgment Authorization: The Customer irrevocably authorizes RF to appoint any designated attorney or clerk of any court to appear on behalf of the Customer and confess judgment against the Customer without process, for all amounts owed, including the value of outstanding orders, costs of suit, and reasonable attorneys’ fees. The Customer expressly waives all benefits under the exemption laws of any state and consents to immediate execution upon such judgment, confirming all actions taken by the appointed attorney. The authority to appear and enter judgment against the Customer remains in effect and is not exhausted by any exercise thereof or imperfect exercise, nor is it extinguished by any judgment entered pursuant to this authorization.
LIABILITY DISCLAIMER
The information provided in RF’s paper or electronic publications, including prices, content, availability, product safety, and release or shipment dates, is based on information received from suppliers and manufacturers. RF does not guarantee the accuracy of this information and shall not be held liable for any claims or losses resulting from inaccuracies or the Customer’s sale of the product. All warranties, conditions, representations, indemnities, and guarantees, whether express or implied, are expressly excluded and disclaimed, including any warranty of merchantability or fitness for a particular purpose.
RF reserves the right to cancel orders, in whole or in part, at any time and at its sole discretion, for reasons such as manufacturers’ cancellations, unacceptable delays, poor quality, or insufficient orders. If RF is unable to ship a product promptly, the Customer’s orders for such merchandise may, at RF’s discretion, either be canceled, shipped when the product becomes available, or shipped with return privileges.
In some cases, RF may need to change pricing and/or discounts after receiving Customers’ orders. If such changes occur, Customers have the right to reduce or cancel affected orders. Requests for reductions/cancellations must be made by Customers within 72 hours of receiving notice of the change.
RF shall not be liable for any incidental, consequential, special, direct, or indirect damages (including, without limitation, lost sales, profits, or business interruption losses) arising from this Agreement (or its breach) or such damages suffered by the Customer or any purchaser, distributor, retailer, or end-user of the merchandise or services provided by RF, whether arising in tort, contract, or otherwise.
INDEMNIFY/HOLD HARMLESS
The Customer agrees to indemnify and hold RF, its agents, subsidiaries and/or affiliates harmless from any loss, damage, or expense incurred by RF, including reasonable attorneys’ fees and costs, due to the following reasons: (i) Breach by the Customer of any warranties or agreements contained herein, (ii) Any act or omission of the Customer, (iii) Any claim, cause of action, or lawsuit arising from the sale, use, storage, transportation, or handling of the merchandise sold under this agreement, or (iv) Any settlement, judgment, or payment related to any of the items mentioned in (i), (ii), or (iii) hereof.
RF relies on its manufacturing vendors to comply with relevant and applicable national, state, and local product safety regulatory requirements, including the U.S. Consumer Product Safety Act as amended by the Consumer Product Safety Improvement Act of 2008. By ordering from RF, you agree to the following: (i) You will seek any required certificates and/or test results solely from RF’s vendors to meet regulatory requirements. (ii) You will exercise any remedies you may have as a result of those regulatory requirements solely against such vendors; and (iii) You will indemnify and hold RF harmless from any claims made against you arising from or in connection with such regulatory requirements.
GOVERNING LAW
All legal disputes arising as a result of or in connection with these Terms of Sale will be governed and settled by the laws of any state that RF chooses, excluding the conflict of law rules of that state. The Customer agrees that jurisdiction and venue shall rest exclusively within the courts of the state chosen by RF, including the United States District Court for the district in that state.
CONCLUSION OF AGREEMENT
These Terms of Sale constitute the final, exclusive, and complete agreement between the Customer and RF. They are intended to encompass all terms of the Agreement between the parties. Neither trade usage nor any terms and conditions in any acknowledgment, purchase order, or other documentation from the Customer, nor any prior dealings between the parties, shall modify or affect these Terms of Sale. Upon receipt of the Customer’s order by RF, these Terms of Sale shall represent the entire Agreement between the parties and may only be altered or canceled through a written agreement signed by RF. If any part, term, or provision of these Terms of Sale is deemed invalid or unenforceable, the remaining portions shall remain valid, and the invalid provision shall be excluded from these Terms of Sale.
