Terms & Conditions of Sale
CAREFULLY READ AND UNDERSTAND THESE TERMS BEFORE
ORDERING ANY PRODUCT THROUGH THIS WEBSITE
ATTENTION: This is a binding Agreement (the
"Agreement") between you, the individual
or entity accessing, using or purchasing Product
from this Website ("you,"
"your" or "Customer") and
{{brand.name}} ("{{brand.name}},"
"we," "our" or
"Company") the owner and administrator
of this Website and all content contained herein
(collectively, "Website").
IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY PRODUCT THROUGH THE WEBSITE
{{brand.name}}
{{brand.phoneNumber}}
{{brand.address}}
The following terms and conditions are a legally
binding agreement which govern your use of our
website and purchase of products on our website.
Please review the entire agreement carefully. When
you submit an order for our product, you are
certifying that you have read and agree to all
terms and conditions contained in this agreement.
Credit Card Descriptor
By ordering Products from Us, You authorize us to charge Your credit card accordingly. Please be aware that the descriptor (or subject line) that appears on Your credit card statement will appear as {{brand.product.descriptor}}. If You have any questions about the descriptor on Your credit card statement, You should call Our Customer Service Department.
1. Offer:
By placing an order, you agree that you will be
billed as {{brand.product.descriptor}}, for a
one-time purchase of any of the following:
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2. Refund Policy
2.1. We refund all cases of fraud and unauthorized transactions of the item cost. Call {{brand.phoneNumber}} to obtain a refund. Additional refunds are issued at the discretion of the company. We strongly encourage our valued customers to call our customer support staff to obtain RMA ( Return Merchandize Authorization) Number to help us expedite the refund process. Packages marked Return to Sender or refuse delivery may take longer than normal time to credit processing time. The refund will require 3 to 5 business days for approval. By hitting the Submit Button (order button) on our site shows that you are fully aware of and agree to all our terms of our stated refund and return policy.
2.2. Repetitive refunds are not permitted unless
the product, as delivered to you, is defective. We
reserve the right to refuse a refund to any
customer who repeatedly requests refunds or who,
in our judgment, requests refunds in bad faith.
2.3. In order to process your refund, you must
supply us with your name and delivery address. If
you provide us with insufficient or incorrect
information your refund will be delayed.
2.4. Once a refund has been approved please allow
for up to 10 days for the refund to be applied.
2.5. Depending on the bank that issues the credit
card, your refund can take up to ten (10) days to
appear on your credit card statement. If you have
any questions about whether a refund has been
issued by us, please call Our Customer Service
Department.
2.6. Shipping and handling costs are not
refundable.
2.7 Return Policy
In order to obtain your refund for either opened or unopened packages, you must contact customer service by phone and obtain an RMA (Return Merchandise Authorization) number to place on your package. Write this number on the outside of the shipping package, and send the product back to our fulfillment center at the address listed below, within thirty (30) days from the receipt of order. In order for your refund to be processed the product must arrive at our fulfillment facility within thirty (30) days from the receipt of order. You pay for return shipping. Once our fulfillment center has received the package and relayed the correct information to us, you will be issued a refund. Your refund will be credited back to your bank account, and may take up to 10 business days to show in your statement, depending on the speed of the processing bank.
3. Shipping Terms
When we ship the Product to you, our Standard priority mail service is shipped via the combined services of the United States Postal Service (packages will be shipped within {{brand.shippingLength}} from the order date). Please note that shipments are not sent out on Saturdays, Sundays, or any Holidays.
4. GENERAL
These terms and conditions apply to ALL
transactions made on or through this Website. This
Agreement is intended to be governed by the
Electronic Signatures in Global and National
Commerce Act. You manifest your agreement to the
terms and conditions in this document by any act
demonstrating your assent thereto, including
clicking any button containing the words "I
agree" or similar syntax, or by merely
accessing the Website, whether you have read these
terms or not. It is suggested that you print this
form for your personal records.
By placing an order with us, you will be deemed to have read, understood, and agreed to these Terms and Conditions of Use (collectively, "Terms"). If you do not agree to be bound by these Terms, you may not access or use the Website, or purchase any Product(s) through the Website. By accessing, using or ordering Product(s) through the Website, you affirm that you have read this Agreement and understand, agree and consent to all Terms contained herein.
5. PRODUCT RETURNS
5.1. How to Return Your Order
To return a Product for an exchange due to
shipping damage or when cancelling your order, you
will need to obtain a Return Merchandize
Authorization ("RMA") number by
contacting the Customer Care Department
{{brand.phoneNumber}} ( Customer Service US) .
An RMA number can ONLY be obtained by contacting the Customer Care Department by phone.
Please Note:
We cannot process or exchange Product marked "Return to Sender." To ensure that your account is correctly noted, you must send back Product returns to the address provided below along with your RMA number. The RMA number must be clearly written on the package that you are sending back. Our shipping department is NOT allowed to accept any packages without an RMA number. Product returns must be postmarked within five business days of receiving your Return Merchandize Authorization ("RMA") number to be eligible for a refund.
5.2 Return Address
Returned Products must be sent to the following
address:
{{brand.name}} Returns Department
{{brand.returnAddress}}
We are not responsible for lost or stolen items. We recommend all returned items to be sent using some type of third party delivery confirmation system to ensure proper delivery.
6. REPRESENTATIONS; DISCLAIMERS
It is our Company mission to provide our customers with the finest Products available. We want you to have the most accurate information concerning the Product. The information we communicate to you about the Product is obtained from independent third parties. We do not warrant or represent that Information Sources are not error-free, nor do we warrant any Information Source or the methods that they use to arrive at their conclusions. All Product specifications, performance data and other information on our Websites are for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Product will conform to such specifications or performance data.
We do not guarantee that you will have any specific or particular result or benefit from the Product, or that your experience will match those of others who use the Product.
7. YOUR REPRESENTATIONS
You represent that you are at least 18 years of
age and that you will not permit a person under 18
to order, or use, the Product. You represent that
the information provided by you when placing your
order is up-to-date, materially accurate and
sufficient for us to fulfill your order in a
timely and efficient manner. You are responsible
for maintaining and promptly updating your account
information with us and keeping such information
(and any passwords given to you for the purposes
of accessing the Website and/or purchasing
Products) secure against unauthorized access.
Unless agreed otherwise or required by applicable
law, any warranties provided in relation to the
Product only extend to you on the understanding
that you are a user, and not a reseller, of the
Product. You shall not re-sell, re-distribute or
export any Product that you order from the
Website.
You agree to pay for the Product and any taxes, shipping or handling of Product as such costs are specified by us on the Website when you submit your purchase order. Payment shall be made prior to delivery and by such methods as indicated on the Website (and not by any other means unless we have given our prior consent to such alternative payment methods).
8. REJECTION, DAMAGE OR LOSS IN TRANSIT
We shall not be liable and you shall not be
entitled to reject Product delivery, except for
damage to the Product or any part thereof
occurring in transit (where the Product is carried
by our own transport or by a carrier on our
behalf), and where we are notified of such damage
within five (5) business days of your receipt of
the Product.
9. LIABILITY LIMITATION
TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER
OR NOT COMPANY WAS AWARE OR ADVSED OF THE
POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE
LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR
ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY
(WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER
LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE
COST OF THE PRODUCTS YOU ORDERED. FURTHER, UNDER
NO CIRCUMSTANCES SHALL WE BE LIABLE FOR SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES,
LOST PROFITS, LOST REVENUE, OR COST OF COVER.SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES,SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. THE PRODUCTS ARE
SOLD AND DELIVERED TO YOU "AS IS" WITH
NO WARRANTY WHATSOEVER. EXCEPT AS EXPRESSLY STATED
OTHERWISE IN THIS SECTION, WE MAKE NO EXPRESS
WARRANTIES OR REPRESENTATIONS AND WE DISCLAIM ALL
IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.SOME STATES DO NOT ALLOW
LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST,SO
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless
Company, its officers, directors, shareholders,
employees, independent contractors,
telecommunication providers, and agents, from and
against any and all claims, actions, loss,
liabilities, expenses, costs, or demands,
including without limitation legal and accounting
fees, for all damages directly, indirectly, and/or
consequentially resulting or allegedly resulting
from your misuse of the Website, or your breach of
any of these terms and conditions of this
Agreement. We shall promptly notify you by
electronic mail of any such claim or suit, and
cooperate fully (at your expense) in the defense
of such claim or suit. If we do not hear from you
promptly, we reserve the right to defend such
claim or suit and seek full recompense from you.
11. NOTICES
Any notice or other communications arising in
relation to this Agreement shall be given by
sending an e-mail to the latest email address that
one party has notified in writing to the other. In
the case of Company, the email address is
{{brand.email}}. In the case of sending notices to
you, Company will use the email address you
provided to Company when you ordered your Product.
Such notices or communications (where properly
addressed) shall be considered received on the
earliest of (i) the email being acknowledged by
the recipient as received; (ii) receipt by the
sender of an automated message indicating
successful delivery or the email having been
opened; or (iii) the expiry of forty-eight (48)
hours after transmission, provided that the sender
has not received notification of unsuccessful
transmission.
12. TERMINATION
We reserve the right to terminate your access to
or use of this Website and/or the Product should
we believe that you have violated any of the terms
of this Agreement or if we believe you have
sought, in bad faith, charge backs, credit backs,
Product returns, discounts or any other conduct
designed to injure, harass or disrupt this Website
or the Company’s business operations.
13. FRAUD
We reserve the right, but undertake no obligation,
to actively report and prosecute actual and
suspected credit card fraud. We may, in our
discretion, require further authorization from you
such as a telephone confirmation of your order and
other information. We reserve the right to cancel,
delay, refuse to ship, or recall from the shipper
any order if fraud is suspected. We capture
certain information during the order process,
including time, date, IP address, and other
information that will be used to locate and
identify individuals committing fraud. If any Web
Site order is suspected to be fraudulent, we
reserve the right, but undertake no obligation, to
submit all records, with or without a subpoena, to
all law enforcement agencies and to the credit
card company for fraud investigation. We reserve
the right to cooperate with authorities to
prosecute offenders to the fullest extent of the
law.
14. SALES TAX
If you purchase any Products available on our
websites, you will be responsible for paying any
sales tax indicated on the Web Site.
15. INTELLECTUAL PROPERTY RIGHTS
The Website, and all content appearing therein,
are the sole and exclusive property of the Company
or its licensors. No license or ownership rights
in or to any content of the Website are conveyed
to you by reason of this Agreement or your
purchase of Product. The Website and its content
are protected under the laws of copyright and
trademark. Unless otherwise permitted by law, you
may not copy, republish or transmit any portion of
the Website without Company’s prior written
consent.
16. MISCELLANEOUS
Overdraft fees. In the event of overdraft of customer's account due to a charge for an original order or a reorder, the company is not liable for any customer's overdraft fees.
Assignment. This Agreement and the rights and
liabilities of the parties hereto inure to the
benefit of their respective successors and
assigns. Company may assign this Agreement to any
successor entity. Customer may not assign without
the written permission of Company.
Severability. If for any reason a court of
competent jurisdiction or an arbitrator finds any
provision of this Agreement, or any portion
thereof, to be unenforceable, that provision will
be enforced to the maximum extent permissible and
the remainder of these Terms and Conditions will
continue in full force and effect.
Attorneys’ Fees. In the event any Party shall
commence any claims, actions, formal legal action,
or arbitration to interpret and/or enforce the
terms and conditions of this Agreement, or
relating in any way to this Agreement, including
without limitation asserted breaches of
representations and warranties, the prevailing
party in any such action or proceeding shall be
entitled to recover, in addition to all other
available relief, its reasonable attorney’s fees
and costs incurred in connection therewith,
including attorneys’ fees incurred on appeal.
No Waiver. No waiver of or by Company shall be
deemed a waiver of any subsequent default of the
same provision of this Agreement.
Headings. All headings are solely for the
convenience of reference and shall not affect the
meaning, construction or effect of this Agreement.
Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to your access and use of the Website and you’re ordering and use of the Product, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
Modifications. Company reserves the right to
change any of the provisions posted herein and you
agree to review these terms and conditions each
time you visit the Website. Your continued use of
the Website following the posting of any changes
to these terms and conditions constitutes your
acceptance of such changes. Company does not and
will not assume any obligation to provide you with
notice of any change to this document and you
acknowledge and agree to same. Unless accepted by
Company in writing, you may not amend these terms
and conditions in any way.
** Please email us anytime at {{brand.email}}. **