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. Straight Sale 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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{{brand.product.options[0].price.subOption1.regular |
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{{brand.product.options[0].price.subOption1.shipping |
currency}} S&H -
{{brand.product.options[0].price.subOption1.name}}
{{brand.product.options[0].price.subOption2.regular |
currency}} +
{{brand.product.options[0].price.subOption2.shipping |
currency}} S&H -
{{brand.product.options[0].price.subOption2.name}}
{{brand.product.options[0].price.subOption3.regular |
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{{brand.product.options[0].price.subOption3.shipping |
currency}} S&H -
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{{brand.product.options[0].price.subOption4.regular |
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{{brand.product.options[0].price.subOption4.shipping |
currency}} S&H -
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{{brand.product.options[1].type}}
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currency}} S&H -
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{{brand.product.options[1].price.subOption3.regular |
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currency}} S&H -
{{brand.product.options[1].price.subOption3.name}}
{{brand.product.options[1].price.subOption4.regular |
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{{brand.product.options[1].price.subOption4.shipping |
currency}} S&H -
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{{brand.product.options[2].type}}
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currency}} S&H -
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{{brand.product.options[2].price.subOption4.regular |
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{{brand.product.options[3].type}}
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2. Refund Policy
2.1. We refund all cases of fraud and unauthorized transactions. Call {{brand.phoneNumber}} to obtain a refund. Additional refunds are issued at the discretion of the company. We strongly encourage our 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}}. **