Widgeon River, LLC

Terms & Conditions

Please read carefully the terms and conditions below.  By accessing any part of this site, you agree to these terms and conditions.  You do not have to read these terms and conditions to be bound by them.  If you do not agree to these terms and conditions, please do not access this site.

For the purposes of this document, Widgeon River encompasses all entities related, but not limited to: Shop My Inventory.com, Shop My Lumber.com, Shop My Appliance.com, Widgeon River.com, Wigeon River.com, Widgeon River, LLC, WR, SML, SMI, SMA.

Privacy Policy
Widgeon River realizes that your privacy is important.  To use special features on our website, provide online custom revisions, or receive occasional mailings or updates, a customer account is required.  Cookies are used during login for administration purposes only.  The information that we obtain depends on your individual needs as a customer.   Your personal information is not sold to any other individuals, organizations, companies, etc.

Disclosure of Your Information
Widgeon River may disclose personal information to respond to legal requirements, enforce our policies, and respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property, or safety.  Such information will be disclosed in accordance with applicable laws and regulations.  Any and all information you upload, including text and pictures, becomes property of Widgeon River.

Username / Password
Currently, your username and password are stored in clear text in our database.  This enables us to email your username/password should you forget it.  Please do not use the same password on any of our sites, which you use at security-critical sites, such as online banks.

Sale or Merger
If Widgeon River is sold to, or merged with, another company or entity, the user database of Widgeon River may be sold as part of that transaction, and all User Information accessed by said successor or purchaser.

Terms Used
Throughout this privacy policy we use several specialized terms. "Personally Identifiable Information" is information that tells us specifically who you are, including your street address, email address, billing address, credit card number and its expiration date. "User Information" encompasses all Personally Identifiable Information and any other types of information discussed in this privacy policy, including the Internet Protocol (IP) address of a user's computer.  Personally Identifiable Information does not include your name, city, state, country, and miles from.  Any posts that you make on the site will be attributed to your name, city, state, and country associated with your account.

Trademark Notice
Widgeon River, LLC”, “Widgeon River”, “www.widgeonriver.com”, “WR”, ”WR, LLC”, Shop My Inventory.com, Shop My Lumber.com, Shop My Appliance.com, SMI, SML, SMA, “Find out what The River can do for you”, the text on our websites, and the associated logos, are among the registered service marks of Widgeon River, LLC.  These marks may not be used in any way without receiving Widgeon River LLC’s prior express written permission.

Hyperlinks
Links to other Internet websites or resources are at the user’s own risk.  These sites are operated by third parties and we are not responsible for contents, opinions, or operations on any of these links.

Limitation of Liability Disclaimer
All products and services of Widgeon River are not guaranteed or under warranty except as expressly stated herein.  Widgeon River makes no representations or warranties, either expressed or implied, of any kind with respect to products and services on the Widgeon River website.  Widgeon River expressly disclaims liability for errors or omissions contained in this website and disclaim all warranties, expressed or implied, of any kind with respect to products sold on this site, including but not limited to, merchantability for all particular purposes.  You agree that sole and maximum liability to Widgeon River shall be the price of the product ordered.  Widgeon River and its employees, officers, or any other representatives will not be liable for special, indirect, consequential, or punitive damages related to products sold in any event.  Note:  If a product or service is listed at an incorrect price or includes incorrect information due to a typographical error, or such an error is made with any representative of Widgeon River, we reserve the right to refuse or cancel any order(s) listed at the incorrect price whether the order has been confirmed or not.  In the event that your credit card has been charged and the order is cancelled, Widgeon River will issue a credit to the credit card account in the amount of the charge.

You agree that your use of this site is at your own risk.  Because of the number of possible sources of information available through the site, and the inherent hazards and uncertainties of electronic distribution, there may be delays, omissions, inaccuracies or other problems with such information.  If you rely on the information provided through the site or any material available through the site, you do so at your own risk.  You understand that you are solely responsible for any damage to your computer system or loss of data that results from any material and/or data downloaded from or otherwise provided through the site.  The site is provided to you “as is” with any faults and is available.  Widgeon River and its affiliates, agents, and licensors cannot, and do not, warranty the accuracy, completeness, correctness, non-infringement, merchantability, or fitness for a particular or ordinary purpose of the information available through the site, nor do they guarantee that the site will be error-free, or continuously available, or that the site will be free of viruses or other harmful components.  Under no circumstances shall Widgeon Rive or its affiliates, agents, licensors, or officers be liable to you or anyone else for any damages arising out of the use of this site, including, without limitation, liability for consequential, special incidental, indirect, or similar damages, even if we are advised beforehand of the possibility of such damages.  Widgeon River reserves the right to make changes, corrections, and/or improvements to the information contained within this website, at anytime, without notice.

All item statements, written and verbal, have come from the Seller and are accepted as reliable without independent investigation. Widgeon River assumes no responsibility or liability for representations or statements made by Sellers or any other party and shall have no obligation to verify or authenticate such representations or statements.

If upon delivery, pick-up, or installation, damage to property or person happens, Widgeon River is in no way liable.

Widgeon River, Widgeon River.com, Shop My Inventory.com, Shop My Lumber.com, or Shop My Appliance.com assumes no liability for material that is bought or sold through its website.  We are not liable for damaged or defective material.  We are not responsible for the pulling, releasing, receiving, transportation, delivery, pick-up, handling, installation (proper or improper), etc. of material from a business, in transit, on the job site, etc.  We are not liable for any of the items we sell on Widgeon River.com, Widgeon River, LLC, Shop My Inventory.com, Shop My Lumber.com, or Shop My Appliance.com.  We are not liable for damage to property, bodily injury, or death resulting from the improper installation of an item(s), product(s), service(s), etc. paid for through Widgeon River, Widgeon River.com, Shop My Inventory.com, Shop My Lumber.com, or Shop My Appliance.com.  Your sole recourse is with the seller.

Widgeon River and its entities (Shop My Inventory.com, Shop My Lumber.com, and Shop My Appliance.com) are absolved of all liability and damages related to any transaction. 

Warranties & Guarantees
All items are sold "AS IS – WHERE IS" and with no warranties or guarantees of any type, either expressed or implied, made by Widgeon River. Any warranties made by the Seller must be in writing on an instrument separate from the Purchase Invoice and Bill of Sale and signed by both the Buyer and the Seller. In no event shall Widgeon River, or any employee, agent, or associate of Widgeon River, be responsible or liable for such warranties, guarantees or the geniuses or description of any article offered for sale.

Jurisdiction and Venue
This website is controlled by Widgeon River, LLC from its office in Richmond, in the Commonwealth of Virginia, in the United States of America. By accessing this website, you agree that any legal action brought against Widgeon River shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law principles.  You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the Commonwealth of Virginia, in the United States of America, for any litigation arising out of or relating to the use of the Widgeon River, LLC website, waive any objection to the venue of any such litigation in the Virginia courts and agree not to plead or claim in any Virginia court that such litigation brought therein has been brought in an inconvenient forum. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity or enforceability of any remaining provisions.

Updates
Widgeon River reserves the right to make changes to its website and these Terms & Conditions at any time and may revise these Terms & Conditions at any time by updating this posting. You should frequently visit this page to review the most current Terms & Conditions because they are binding to you. Your use of this site following any such change constitutes your agreement to follow and be bound by the Terms & Conditions as changed.  If any change is unacceptable to you, your only recourse is to terminate your use of the site.

Transaction Flow
Buyer B wants to buy an item from Seller A.  Widgeon River buys the item from Seller A.  Widgeon River sells the item to Buyer B.  Because Widgeon River does not offer terms, we are able to keep control of the flow of the material, only releasing critical transportation and transaction details when payments have been confirmed from the buying party, and distributing funds to the selling party.  Widgeon River charges a percentage of each transaction dependent upon tier determination when members register with Widgeon River

Virginia Sales & Use Tax Obligations & Exemptions
Currently, sales tax will only be charged when material is PHYSICALLY delivered to/picked up from the Commonwealth of Virginia.  Every tier is responsible for their own tax obligations within their state.

Tier 1 – Sales to Widgeon River and from Widgeon River can be tax exempt
Tier 2 – Sales to Widgeon River and from Widgeon River can be tax exempt
Tier 3 – Sales to Widgeon River and from Widgeon River can be tax exempt
Tier 4 – Must pay sales & use tax
Tier 5 – Must pay sales & use tax

Payment – “If you cannot pay for it, do not buy it! 
There are no terms offered to anyone at this time.  Widgeon River MUST RECEIVE full payments within 3 business days of the acceptance of a transaction.  Once time has expired, the item will be made available to other buyers.

Once payment from the buyer is received, the seller’s ‘escrow account’ will be credited with the full amount the seller is owed.  These funds will be identified as ‘Funds – Pending’.

Buyers and Sellers will receive identical ‘Proof of Delivery’ forms to sign and confirm the stages of the transaction and transfer of ownership of an item(s).  Both parties must sign each other’s forms.  This confirmation system is for the protection of both parties, should a grievance or dispute arise.

Following transfer of the item(s) from the seller to the buyer, via pick-up, delivery, or installation, the buying party has 24 hours to login to Widgeon River, and ‘release’ the funds to the seller.  Once initiated, there will be a 24 hour time period between the funds moving from the ‘Funds – Pending’ to ‘Funds – Available’. 

The 24 hour period will allow for any grievances or disputes to be resolved between the buying and selling parties, and Widgeon River is able to retain control, should a monetary refund be deemed necessary, because the funds have not yet released to the selling party.      

Should no grievances or disputes be made within the 24 hour period after the buyer released the funds to the seller, the seller’s funds will be made available for a full or partial withdraw, or to use on the Widgeon River website.

Return / Refund Policy
Buyers only have a 24 hour window from the time of possession to file a grievance or initiate a dispute.  All grievances and disputes must be made in writing and sent via email to Widgeon River at info@widgeonriver.com or through Widgeon River’s website.

All monetary refunds must be approved by Widgeon River, and will be handled on a case by case basis only.  ANY refund that has not been first authorized by Widgeon River will NOT be recognized by Widgeon River.  The selling party agrees to 1. Pick-up and /or receive the effected items and 2. To remit any funds collected back to Widgeon River.  By accepting the Terms & Conditions, the seller acknowledges this and agrees to submit the full amount.  Additionally, Widgeon River must receive this payment within 7 business days of the written request.  Widgeon River will use a reverse method of how payment was initially distributed to return funds to the respective parties.

When a buyer is picking-up or receiving delivered items from a seller, the buyer will need to examine the material before it comes off the truck or the ‘Proof of Delivery’ is signed by either party.  Items shipped by a 3rd party, must be inspected prior to signing for the receipt.  Clearly write “Product Damaged” on the receipt confirmation page.  If you take possession of an item, it is yours.  Please examine all material!

Damaged Material -”If you wouldn’t put it in your mother’s house, do not send it!”
Damaged material will not be accepted so do not deliver it, have it picked up from your location, or even list it on Widgeon River.  We will not allow quality to be sacrificed for a lower price.  Damaged, culled, or other poor quality material will not be tolerated.  (Note: Culled lumber only if requested/specified by the buyer.)

Sellers agree to be responsible for an item’s condition and quality until change of possession or delivery receipt including damaged inventory, replacing imperfections, etc.  Seller also agrees to pick-up and replace or improve, any damaged or defective material.

Damage or imperfections made while being shipped by a 3rd party shipping method, must be resolved with the 3rd party shipper, and must be clearly noted on the delivery confirmation receipt before being taken off of the truck.  (Retain a copy of this for your records). 

After the item has been received by the buyer, responsibility is transferred to the buyer. 

LEED™ Certified and Our Certification
LEED™ Certification is implemented by the U.S. Green Building Council™ and stands for “The Leadership in Energy and Environmental Design™”.  Widgeon River, LLC does not guarantee the LEED™ Certification of an item through our website.  Our members are on an honor system when responding “YES” to if an item listed is LEED™ Certified.  We do not warranty nor guarantee any item as LEED™ Certified.  Widgeon River and its entities are NOT LEED™ certified.  We do not warehouse any material.  More information about this can be found at: https://www.usgbc.org/DisplayPage.aspx?CMSPageID=222.

Quote Request
Buyers are responsible for filling out the various ‘quote request’ forms completely.  If information on the forms is not specified, the seller is able to fill this order with any ‘like’ item, matching what description the buyer has put down.  If substitutions are acceptable, even with all information filled out, the buyer must note this in the DESCRIPTION box. 

The item(s) sellers quote and release to the buyer, MUST match the information the buyer specified in the item’s description and details.  Substitutions may ONLY be made if the buyer noted this in the item’s DESCRIPTION box.  If the seller is unable to provide the exact item specified, they should not submit a quote with the item.
 
Upon being awarded a bid, Widgeon River will collect payment from the buyer, and issue prompt payment to the seller(s).  Sellers have accepted the terms of use (Terms & Conditions) of Widgeon River, and its entities.  Sellers are asked to treat an awarded transaction as if it were their own.  Sellers are responsible for handling replacement of damaged or defective material. 

Sellers have 72 hours to reply to ‘quote requests’.  Buyers have 72 hours from the time a ‘quote request’ is closed, calculated, and submitted to them, to make a decision to purchase the quoted list of materials.  Sellers are asked to honor their quoted prices and quantities for a minimum of 2 weeks from the close of the accepting bids for that list of materials.  This will ensure 2nd, 3rd, and subsequent awards can be made for an item, should the initial award be erroneous. 

Registered Trademarks
Sears, sears.com, the Sears logo, Appliance Select, Sears Commercial, etc. are registered trademarks of Sears and sears.com.

All 3rd party company names, trademarks, registered trademarks, websites, website links, common names, icons, pictures, logos, etc. used on or by Widgeon River and its websites, are registered trademarks of their respective owners.  None of these companies are partners, sponsors, or affiliated with Widgeon River or its entities.