Clique Purchasing Terms

INTRODUCTION

Clique, Inc. ("Clique") may provide you with various opportunities to make purchases through the Clique Services. These Purchasing Terms describes the rules and policies associated with purchases made on or for the Clique Services. By using the Clique Services, you agree to the terms contained in these Purchasing Terms.

PAYMENTS

Advanced payment in full by credit card is required for all orders. Clique will accept payment via MasterCard or Visa. Clique does NOT accept payment by American Express, Discover, PayPal or mail-in payments. Please do not send cash, money orders, cashier's checks or personal checks. Where the Clique Services include a subscription (for example, a fan club membership subscription), the subscription or membership fee represents the price of the subscription or membership and not the price of the membership package or other complimentary items, which are included free with the purchase of the membership or subscription. All prices are subject to change from time to time in Clique's sole discretion. Price changes will be posted.

ORDER PROCESSING

Most in-stock orders are processed and shipped within one to two business days.

To ensure that orders are shipped within this timeframe, orders are processed as soon as they are received. Orders cannot be cancelled, changed or combined once they have been processed.

If there is a problem with your order, please contact customer support at http://support.clayonlinestore.sparkart.com/.

REFUNDS, RETURNS AND EXCHANGES

There are no refunds, returns, or exchanges; all sales are final except in the case of a manufacturer's defect, backorder, or undeliverable package (see sections above for details).

Please ensure that the shipping address you provide during the checkout procedure is accurate and complete before placing your order. To ensure that orders are shipped as promptly as possible, orders are processed as soon as they are received. Your shipping address cannot be changed once your order has been processed

Clique Inc. will not refund any customer whose order is not received because the shipping address provided during the checkout procedure was inaccurate or incomplete unless that order is classified as undeliverable and returned to Clique Inc. (see Undeliverable Packages for details). Clique Inc. will not re-ship any order that is not received because the shipping address provided during the checkout procedure was inaccurate or incomplete.

If there is a problem with your order, please submit a customer support ticket at http://support.clayonlinestore.sparkart.com/.

SHIPPING

Please note: On U.S. holidays, order processing and/or shipping may be slightly delayed. Clique is not responsible for lost packages if you did not properly submit the correct shipping address with your order.

Domestic Shipping (U.S.):
All orders are processed within 1 to 2 business days where available. Shipping charges are determined by the number and type of items ordered and the shipping method selected. Shipping time frame for each shipping method is estimated. The typical delivery timeframe is 2-3 weeks. We do not ship COD.

International Shipping (Outside The U.S.):
Our international carrier is DHL Global Priority. DHL delivers to the local mail carrier, who then delivers to the shipping address provided during checkout. Please allow 3-4 weeks for international delivery.

The customer is responsible for all duties and taxes incurred upon delivery. If customer refuses to pay duties or taxes and the package is returned to Clique, the customer will be required to pay a $5.00 return fee and will receive a credit for the subtotal of the order but will not be refunded the cost of shipping and handling.

Due to international shipping laws and restrictions, we are not able to ship lighters (or other flammable items) or food products internationally.

In order to expedite delivery of packages going to international P.O. boxes, we may include your phone number on the outside of the package. If you are concerned about your phone number being displayed on the outside of the package, please submit a question to customer support online at http://support.clayonlinestore.sparkart.com/.

BACKORDERS

If all of the items included in your order are out of stock, we will notify you via e-mail that your order has been cancelled due to lack of inventory and you will be issued a full refund of your order total (including tax, gift wrap, and shipping and handling).

If some but not all of the items included in your order are out of stock, we will notify you via e-mail that your order has been placed on hold due to lack of inventory and you will be asked to advise Clique Inc. to:

1. hold your entire order until the item or items that are out of stock are re-stocked OR
2. ship the items that are in stock and substitute one item that is in stock for each item that is out of stock (each substitution must be of equal or lesser value than item originally ordered and will be subject to approval by Clique Inc.) OR
3. ship the items that are in stock, issue a full refund for the item or items that are out of stock, and issue a partial refund for the cost of shipping and handling.

Clique Inc. will hold your entire order until either (a) you respond to this email or (b) the item or items that are out of stock are re-stocked.

UNDELIVERABLE PACKAGES

If for any reason your order is classified as undeliverable and returned to Clique Inc., we will notify you via e-mail that your order has been cancelled due to a failed delivery attempt and you will be issued a refund of your order subtotal. Shipping and handling will not be refunded.

Clique Inc. will not re-ship any order that is classified as undeliverable and returned to us. If you would still like to purchase the items that were undeliverable, please place a new order through our website.

STATE SALES TAX

In accordance with state law, we are required to charge sales tax on orders shipped within the state of California. Sales tax is applied to the total amount of the order, which includes gift wrap, shipping and handling charges and is based on the shipment's destination state and local sales tax rates. Sales taxes are not applied to digital downloads.

For your planning and convenience, we display exact sales tax amount when orders are placed and reflects all state and local taxes of your order destination at the time your order is placed.

TICKET SALES

Special terms apply to ticket sales, so where there is a conflict or inconsistency between this Ticket Sales section and any other part of these Purchasing Terms, the rules stated in this section will apply to ticket sales.

All ticket sales are final. No request for cancellations, changes or refunds is accepted. Before traveling to the show, please confirm the show with the venue. Before purchasing tickets, carefully review your event and seat selection. Policies set forth by our clients, including venues, artists, teams and theatres, prohibit Clique from issuing exchanges or refunds after a ticket has been purchased or for lost, stolen, damaged or destroyed tickets. If the venue allows ticket reprinting, there is an additional charge.

If your tickets are to be mailed, you should receive them at least two weeks prior to the show date. If you do not, please contact Clique no later than 24 hours before a weekday performance or 48 hours before a Saturday or Sunday performance to insure proper attention. Clique cannot guarantee admission to the show if not contacted within these timeframes. If any shipped orders are re-routed after they have been sent, there is an additional fee. We currently only ship tickets to addresses located in the 50 United States.

If your tickets are to be "held at will call", they will be at the venue box office at the time of performance. The box office is usually open no later than 60 minutes before curtain time. It would be helpful if you can arrive early to allow for parking and to avoid the last minute rush.

You must have the credit card you used for the purchase with you for identification. If someone else is picking up the tickets, either that same credit card or a photocopy of it with an authorization note from you must be presented. It would also be helpful to have with you a copy of your order confirmation and the confirmation number.

In the event that a performance is either cancelled or postponed, Clique will make every effort to contact every patron via e-mail, time permitting. You must provide a valid e-mail address with your order. While Clique regrets the inconvenience caused by these circumstances, Clique will not be held responsible for any cost or damage such postponement or cancellation may incur. Similarly, the conduct of events and performances for tickets purchased is the sole responsibility of the events' organizers and venue operators. Clique will not be held responsible or liable for injuries, loss or damages incurred by patrons while attending these events.

Refunds on tickets purchased are made for a cancelled or postponed event only. In all instances when a ticket is refunded, only the cost of the ticket is refunded. All service fees paid are not refundable, as the services for those fees paid have been rendered.

Re-Selling. Tickets purchased through this site are intended for personal use only. We strictly prohibit the resale of any tickets obtained through this site for more than the purchase price. If you are found to be reselling, trading or brokering tickets that you purchased through this site for profit, we may at our sole discretion cancel your ticket order and all other pending orders in your name or put all orders and all other pending orders in your name at will-call for pick-up. In the event the tickets are cancelled, a refund of the total face value of the tickets minus a $10 per ticket processing fee and any shipping or processing fees that have been incurred with respect to the order will be issued to the card used to place the order. If tickets are placed at will-call, they can only be picked up by the person whose name is on the order. No will-call name changes will be allowed. We reserve the right to investigate all orders suspected to be in violation of this policy. We are the final authority on the interpretation of these rules.

Clique makes no guarantees that concert tickets will be available to fan club members. Any available tickets will be made available on a first-come, first-serve basis, and Clique does not warrant that tickets will be available for every concert date, or for every fan club member. Clique make no guarantees with respect to the availability of commemorative tickets nor does Clique make any warranties or representations with respect to any commemorative tickets received.

By placing your order for tickets, you acknowledge that your name will be released to the event coordinator.

CUSTOMER SERVICE

Our customer service office is open from 10am - 6pm Monday thru Friday PST. Should you have any questions regarding your merchandise order, please call us at 415-267-6103 or submit a support question online at http://support.clayonlinestore.sparkart.com/, or regular mail at Clique, Inc. P.O. Box 8639 Emeryville, CA 94662.

CHANGES TO THESE PURCHASING TERMS

Clique may occasionally update these Purchasing Terms. When we do, we will also revise the "last updated" date at the bottom of the Purchasing Terms. You understand that Clique reserves the right to make these changes and that you are responsible for regularly reviewing this Purchasing Terms, as posted on this Web site. Continued access to or use of the Clique Services after any such change shall constitute your consent to such change.

Last Updated: February 19, 2005