The following terms and conditions govern the sale by Technoweenie, Inc. (hereafter referred to as "The Company") on orders for products sold in the United States. By accepting delivery of the products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions are subject to change without prior written notice at any time, in The Company's sole discretion.
1. Other Documents.
These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void.
2. Governing Law.
THE SALE(S) WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK.
3. Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation or acknowledgement does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Technoweenie, Inc. reserves the right at any time after receipt of your order to accept or decline your order for any reason. We may require additional verifications or information before accepting any order, including verification of acceptable method of payment in accordance with our credit and fraud avoidance policies.
4. Typographical Errors
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Technoweenie, Inc. shall have the right to refuse or cancel any orders placed for product listed at an incorrect price or incorrect specifications. Technoweenie, Inc. will have the right to refuse or cancel any such orders whether or not the order has been confirmed and your account charged. If your account has already been charged for the purchase and your order is cancelled, Technoweenie, Inc. shall issue a credit to your account in the amount of the charge in a reasonable and timely fashion.
5. Payment Terms; Orders; Quotes; Catalog.
Terms of payment are within The Company's sole discretion, and, unless otherwise agreed to by The Company, payment must be received by The Company prior to The Company's acceptance of an order. Payment for the products will be made through credit card or by mailed money order. Orders are not binding upon The Company until accepted by The Company. Any quotations given by The Company will be valid for 15 days, subject to product availability. The Company will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages resulting from typographical errors, incorrect information or technical inaccuracies in its Product Catalog.
6. Shipping Charges; Taxes.
When applicable, separate charges for shipping and handling will be shown on The Company's invoice(s). Unless Customer provides The Company with a valid and correct tax exemption certificate applicable to the product ship-to location prior to The Company's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order.
Title to products passes from The Company to Customer on shipment from The Company's or a designated shipping point (FOB Warehouse).
8. Inspection by Customer.
All products shall be inspected by Customer upon delivery. Failure to inspect within 24 hours after delivery shall constitute a waiver of Customer's rights of inspection and shall be equivalent to acceptance of the product.
THE LIMITED MANUFACTURER'S WARRANTIES APPLICABLE TO THE COMPANY'S PRODUCTS ARE INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS. THE COMPANY MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THIS SECTION AND IN THE MANUFACTURERS' APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. APPLICABLE WARRANTIES WILL BE EFFECTIVE ONLY UPON THE COMPANY'S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY'S RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO REPAIR AND REPLACEMENT. The Company reserves the right to modify its warranty at any time, in its sole discretion. All software is provided subject to the license agreement that is part of the package. Customer agrees that it will be bound by the license agreement once the package is opened or its seal is broken. The Company does not warrant any software under this Agreement. Warranties, if any, for the software are contained in the license agreement that governs its purchase and use.
10. Return/Refund Policies.
Due to the personal nature of our products, returns are ONLY ACCEPTED ON DEFECTIVE ELECTRICAL PRODUCTS. Defective products must be returned within ten days of receipt, and another unit will be shipped to the customer after inspection of the returned item. Returns of non-defective items, canceled orders, and undeliverable orders are subject to a 20% restocking fee - shipping is non-refundable in all cases. This also includes orders that have been processed and packed. The Company reserve the right to determine if any return meets our standards for returns.
ABSOLUTELY NO RETURNS WITHOUT PRIOR AUTHORIZATION
DO NOT SEND BACK ANYTHING BEFORE CONTACTING US IN WRITING SUCH AS LETTER OR EMAIL
We have no way of tracking packages within the warehouse unless an RMA number is attached to it.
WE WILL NOT ISSUE CREDITS OR EXCHANGES FOR ANY ITEMS RETURNED WITHOUT RMA NUMBERS
THIS INCLUDES REFUSED AND REDIRECTED ORDERS, UNLESS PRIOR NOTIFICATION IS PROVIDED.
You will be held liable for return shipping, duties and taxes (if incurred), and for all other associated fees when any of the following circumstances occur:
- - Customer refuse delivery of parcel for any reason.
- - The carrier makes 3 unsuccessful attempts to deliver parcel to customer address because customer is not at home and/or do not pay duties and taxes.
- - Customer provided an invalid or incomplete address.
- - Customer redirected or changed delivery instructions including, but not limited to WILL CALL, CUSTOMER PICKUP, NEW DESTINATION
- - Your parcel is returned by customs because merchandise is restricted from import into Customer's country.
- - You refuse to pay duties and taxes.
Refunds will only be made in the form of a credit to the original the credit card account.
After inspection, if the product is found to be non-defective, any costs required to ship the unit back to customer are the customer's responsibility and the shipping fees originally paid by the customer to send the item back to us are non-refundable.
If the unit is found to be defective, a new unit will be sent to the customer at no cost, and the shipping fees paid by the customer (up to $10) to return the item will be refunded
The company will attempt to stop the order from being processed and shipped if the cancelation request is sent prior to processing, and sent from the email address listed on the order form. Due to automation within the warehouse orders are processed throughout the day.
- Requests for cancelation received more than 1 hour after the order being placed cannot be canceled
- Requests for cancelation received after 3pm (EST)will not be accepted
- Request for cancelation left on voicemail and/or when customer service operations are closed will not be accepted
10.2 Undeliverable Shipments.
The customer takes ALL responsibility for the accuracy of the information entered via the check out forms and releases technoweenie, inc from any responsibility arising from incorrect and/or missing information need for delivery, including but not limited to addressee name, street address, city, state/province country, postal code and phone number. The company will not be responsible for orders with incomplete addresses or addresses missing information or typographical errors affecting delivery.
10.3 Address Changes to Shipments.
Address changes are not accepted for any reason once the order has been entered for processing. The company will attempt to change the delivery address of an order, if the new address request is sent prior to processing, and sent in writing from the email address listed on the original order. Due to automation within the warehouse orders are processed throughout the day. Requests for address changes received more than 1 hour after the order being placed will not be accepted.
- -The Customer is responsible for any/all costs that may arise as a result of address changeses and rerouting by the carrier
- -The Customer is responsible and assumes liability for any orders with changes to the address and/or address differing from the information listed on the original order.
- -All terms for Undeliverable Shipments still applies
10.4 Lost Packaged/Missing Shipments.
The Company primarily utilizes UPS to ship products to customers. Shipments are sent without requiring a signature, and may be left in a safe place at the driver's discretion. (This could include the front porch, side door, back porch, or garage area.) Unless you the customer pre-requests a "Signature Required" delivery, the Company relies on the shipper's delivery confirmation via tracking numbers to determine that an order has been successfully delivered. Should the customer not find the package due to theft or accidental loss, the Company, in these instances, will not take responsibility for the missing package nor will technoweenie, inc grant a refund or replacement, though the Company will assist with an investigation by the with the shipping company.
From time-to-time, The Company may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with The Company's exchange policies in effect on the date of the exchange.
The Company's inventory policy is one of on-going product update and revision. The Company may revise and discontinue products at any time. If the ordered item is not in stock, we will ship the order when new inventory arrives, which may delay arrival a few days. Due to the nature of the items we sell, we can not make any guarantees that the item continues to be available. Should an item be unavailable, out of stock, or discontinued, The Company, at its discretion, ship products that have the functionality and performance equal to, or superior to the products ordered, but reserves the right to make changes between what is shipped and what is described in a specification sheet or catalog if necessary.
13. Limitation of Liability.
THE COMPANY DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. THE COMPANY WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
14. Applicable Law; Not For Resale or Export.
Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own personal use only, and not for resale. Any export of Products by Customer is subject to applicable U.S. export regulations and will be Customer's sole responsibility.
15. Service and Support.
Product service and support are available from the product manufacturer according to the terms of each manufacturer's warranty to the extent such warranties exist.
16. Force Majeure.
Failure of The Company, in whole or in part, to perform its obligations hereunder when due, if occasioned by act of God or the public enemy, fire, explosion, flood, riot, war, insurrection, labor disputes, sabotage, accident, embargo, or by interruption of or delay in transportation, or by any inadequacy or shortage or failure of supply of product, or by compliance with any order, direction, action or request of any court or of any governmental officers, department or agency, or by other cause beyond The Company's control which makes it impracticable for The Company to perform, shall not subject The Company to any liability to Customer. In such event, Customer may, at its option, either cancel such order in whole or in part or extend the period for performance to the extent of the delay occasioned by any such circumstance.
17. Use of Site.
By accessing, browsing and using any website operated by The Company, Customer acknowledges that Customer has read, understood, and agreed to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If Customer does not agree to these terms, Customer should not use any Company Sites. The material provided on these Sites is protected by law, including, but not limited to, United States copyright law and international treaties. The Company makes no representation that materials in the Sites are appropriate or available for use outside the United States, and access to them from locations where their contents violate applicable laws is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable laws. Any matter relating to, and the use of, this Site and the materials contained herein is governed by the laws of the State of New York.
18. Use of Trademarks.
The trademarks, service marks, and logos (the "Trademarks") used and displayed on thie Sites are registered and unregistered Trademarks of The Company and others. Nothing on these Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site, without the written permission of the Trademark owner. The name of The Company or The Company logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission.
19. Disclosure to Credit Agencies.
Customer agrees that if Customer fails to timely pay fees due under this Agreement, Technoweenie may disclose or cause to be disclosed Customer's name, the amounts past due, how long the amounts have been past due, and that Customer owes these amounts to Digital Faucet to any credit reporting agency, including without limitation, the following: TRW, Equifax, Trans-Union, or Experion.
The Company will not disclose to any third party any specific information provided by Customer except as contemplated by these terms and conditions and as may be reasonable or necessary to process orders, verify information provided and to collect amounts owed to The Company. However, The Company does not warrant to Customer and disclaims any responsibility for maintaining the confidentiality of information provided by Customer in using this Site and in ordering products or services. In using this Site, Customer acknowledges that there are inherent risks associated with the electronic transmission of information over the Internet and that The Company will not be liable to a Customer except for willful misconduct or gross negligence on the part of The Company.
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.