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
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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 customer 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 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 order received date. In order for your refund to be processed the product must arrive at our fulfillment facility within thirty (30) days from the order received date. 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 managed via the United States
Postal Service (packages will be shipped and
delivered 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}}. **