Terms and Conditions
Last updated: December 17, 2021
PLEASE READ THE TERMS AND CONDITIONS OF USE and sale CAREFULLY BEFORE USING THIS SITE.
We maintain this web site (the “Site”) as a service to our customers, and by using our Site you are agreeing to comply with and be bound by these Terms and Conditions, which form a binding agreement between you and us regarding your use of this Site (the “Agreement”) and any products or services acquired through the Site. Please carefully review all of the Agreement below, check back periodically for changes to this Agreement or when you make a purchase transaction through the Site. If you do not agree to any part of the terms and conditions below, please discontinue use of the Site right away. If you do not agree with this Agreement or if you are dissatisfied with the Site’s content, you agree that your sole and exclusive remedy is to discontinue using the Site. This Agreement also sets out your remedies if you are dissatisfied with any products or services purchased through the Site.
Terms and Conditions that apply to purchases on the Site:
A. Pricing and Sales Tax. All prices listed on this Site are in U.S. dollars. Prices and availability of products and services may change due to market conditions and without notice. The price charged for a product or service will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price, and will be itemized in your shopping cart and in your order confirmation email. We endeavor to avoid errors in pricing and product information. Nonetheless, errors occur and will be corrected when discovered. We reserve the right to withdraw any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. We collect and remit sales tax as required by law, for transactions on the Site.
B. Orders. You agree that your order is an offer to buy, in accordance with these Terms and Conditions, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders and/or to limit quantities on any order, without giving any reason, in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between us and you will not take place unless and until you have received your order confirmation email. After you place an order using our shopping cart, we, or a third-party processor acting as our agent, will check the information you give us for validity, by verifying your method of payment or shipping address. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order. Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card. All sales made through the Site are subject to our return policy shown below.
C. Limited Return Policy. Returns of unused products in their unopened original packaging will be accepted with our prior authorization if you notify us within ten (10) days of receipt of your product that you have received product that you have not ordered (e.g., wrong product or quantity delivered too high). You should decline with the delivery service, if possible, to accept products whose packaging is significantly, visibly damaged upon arrival in a manner that could cause damage inside the box. Returns of such products will be accepted with our prior authorization if you notify us within 24 hours of receipt of your product that you have received damaged product. We reserve the right to request a photo of the box to assess the extent of damage prior to accepting return shipment. Where we inadvertently shipped the wrong product, or the product was delivered with significant, visibly damages packaging, and you have complied with the return process in this paragraph, we will cover return shipping costs provided that you return the product to us as we instruct. Return issues should be addressed to email@example.com or +1 303-996-0123.
D. Payment. We accept payment cards for payment through our third party payment processor. You will be notified of acceptable payment cards during the checkout process. ). However, we may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. When paying for a preorder with a debit card you will be charged at the time you place your preorder. Please contact your card issuer for more information. If you ordered a special delivery item, you will be charged once a delivery time is confirmed.
You represent and warrant that if you are purchasing something through the Site that (i) any payment card information you supply is true, correct and complete and you are an authorized user of the card, (i) charges incurred by you will be honored by the card issuer, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
E. Discount Codes. We may but are not required to offer discounts. Promotional codes are debited at the time an order is placed and will automatically be redeemed up to the total purchase amount. The codes must be used prior to their expiration date and within a single transaction. The codes will not be replaced if they are lost, stolen, deleted, or if you cancel or return your purchase. For more information, review specific offer details.
F. Changes. We may change products or discontinue products in our discretion at any time without notice, provided that we will notify you if a product under a pending order becomes unavailable.
G. Shipments; Delivery; Title and Risk of Loss. (1) We will arrange for shipment of the products to you based on your selection of a specific delivery option that is available for that product. Please check the Site for specific delivery options. You will pay all shipping and handling charges for the delivery option selected. In addition, if you request that the product be shipped outside of the United States, you are responsible for the payment of any tariffs, duties, or taxes that may be imposed by the country to which such product is delivered or through which such product is transshipped. If you refuse to pay any duties, tariffs, or required taxes and reject the delivery on this basis, we will have to assume the cost of returning these products to the United States, and are not obligated to provide a refund for your order. (2) Title and risk of loss pass to you upon our transfer of the products to the carrier for shipment. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
H. No Inconsistent Terms. No terms inconsistent or additional terms to these Terms and Conditions in any communication from you to us apply to any orders made through the Site. Any such inconsistent or additional terms shall be void.
I. No Product Warranties.
The products and services sold on the SITe are provided as-is without any warranty. WE do not warrant, and expressly disclaim aLL warrantIES with respect THEREto, including, without limitation, merchantability, fitness for a particular purpose, non-infringement, or arising from course of performance or dealing.
Additional general terms that apply to your use of the Site follow below:
- ACCEPTANCE OF AGREEMENT
When you use the Site, you agree to and accept the terms and conditions of this Agreement with respect to your use of the Site. This Agreement constitutes the entire and only agreement between you and us regarding use of the Site. This version of this Agreement supersedes any prior versions of this Agreement. We may update this Agreement at any time and from time to time without prior notice to you. The latest version of this Agreement will be posted on the Site, and applies to your then-current use of the Site.
- IP RIGHTS
We and our licensors own all of the content, organization, graphics, design, compilation, magnetic translation, digital conversion, logos, trademarks and other elements of or content on the Site, which are protected under intellectual property rights, including, without limitation, patents, copyrights, trademarks and other proprietary rights. We claim the copyright in the website as a collective work. The copying, redistribution, use or publication by you of any Site content, except as allowed by Section 3 below, is strictly prohibited. You do not acquire any ownership rights to any Site content viewed through or available on the Site merely by using the Site.
- LIMITED RIGHT TO USE
You may only use the Site for your personal, non-commercial purposes. In that regard, you may view, print or download Site content solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other uses.
If you register or create an account or enroll as a member on the Site, you confirm that the information provided is accurate and complete and you will keep it up to date. We reserve the right to verify all information submitted in our discretion. Please note that your account can be cancelled without notice if it is determined that false or misleading information has been provided, you have violated the terms of this Agreement, or applicable laws. Once an account is cancelled, we are under no obligation to reinstate it or allow you to create a new account. Your account log-in credentials are personal to you and should not be shared with anyone else. You are responsible for any use or misuse of your account under your log-in credentials.
- EDITING, DELETING AND MODIFICATION
We reserve the right in our sole discretion to change, modify, update, suspend or cease offering any and all Site content, in whole or in part, without notice to users of the Site.
You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use or misuse of the Site, or use or misuse of any products or services acquired through the Site.
- EXPORT AND IMPORT REGULATION
The Site and our products and services available through the Site are intended for use in the United States and may be subject to United States export control laws if you seek to use them outside of the United States. You shall not, directly or indirectly, export, re-export, or use the Site or any products sold in violation of any U.S. export or re-export laws or regulations. If you are shipping any product outside of the United States, you are responsible for complying with any import regulations and other regulations of any country to which the products are shipped or transshipped.
Content and products or services shown on the Site are provided on an "as-is," "as available," basis without any warranties from us. All warranties, express or implied, are hereby disclaimed (including but not limited to any implied warranties of merchantability and fitness for a particular purpose). The Site and Site content may contain bugs, errors, problems or other limitations and you use the Site at your own risk and initiative. We and our affiliated parties have no liability whatsoever for your use of any information or service. In particular, but not as a limitation, we and our affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above are fundamental elements of the basis of the bargain between us. This site and the information would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the site shall create any warranty, representation or guarantee not expressly stated in this agreement.
- LIMITS on liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES. OUR LIABILITY FOR DIRECT DAMAGES WILL NOT EXCEED USD$10 IN THE AGGREGATE OR THE COST OF GOODS OR SERVICES SOLD PER TRANSACTION THROUGH THE SITE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
- ELECTRONIC COMMUNICATIONS
When you use the Site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on the Site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- NO WAIVER
The failure by us to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision. the waiver of any right or provision will be effective only if in writing and signed by our duly authorized representative.
- LINKS TO OTHER WEB SITES
The Site may contain links to other web sites for information or convenience. We are not responsible for the content, accuracy or opinions express in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
With respect to any feedback, data, answers, questions, comments, suggestions, ideas or the like that you provide (“Feedback”) to us, whether using the Site, or otherwise, regarding the Site or our products or services, you agree that: you have the right to provide the Feedback to us; we have no obligation to review, consider or act upon any Feedback; the Feedback is not confidential; and we have the irrevocable and unconditional right to use, implement, modify and publish the Feedback without attribution or compensation to you.