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.
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. 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}}. **
© {{brand.year}} {{brand.name}}. All Rights Reserved.
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