Terms and Conditions Of Placing An Order With HDTV Supply, Inc., an online store
Terms & Conditions of HDTV Supply, Inc, an online store and The Purchase of Products from this HDTV Supply Store.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR PURCHASES.
PLACING ORDERS AT THIS SITE CONSTITUTES ACCEPTANCE OF ALL TERMS AND CONDITIONS STATED BELOW. THE BELOW TERMS AND CONDITIONS APPLY. THESE TERMS AND CONDITIONS OVERRIDE ANY PURCHASE ORDER, EMAIL ORDER, TELEPHONE DISCUSSION AND/OR ANY OTHER TYPE OF DOCUMENT SENT OR DISCUSSED WITH HDTV SUPPLY.
While we endeavor to provide the most accurate, up-to-date information available, the directories and information on this Site may be out of date or include omissions, inaccuracies or other errors. This Site and the materials therein are provided "AS IS." We make no representations or warranties, either express or implied, of any kind with respect to this Site, its operations, contents, information or materials.
WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY: IN NO EVENT SHALL HDTV SUPPLY, INC. BE LIABLE FOR POWER SURGES, LIGHTNING STRIKES, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR OPPORTUNITY. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY IS STATED IN THE MANUFACTURER'S OR PUBLISHER'S END USER WARRANTY ACCOMPANYING THE PRODUCT. IN NO EVENT SHALL HDTV SUPPLY, INC. LIABILITY EXCEED THE REPAIR, REPLACEMENT OR COST OF THE SPECIFIC PRODUCT PURCHASED FROM HDTV SUPPLY, INC. SOME STATES MAY NOT RECOGNIZE A DISCLAIMER OR LIMITATION OF WARRANTIES AND/OR LIMITATION OF LIABILITY SO THE ABOVE DISCLAIMERS MAY NOT APPLY. CUSTOMER MAY ALSO HAVE DIFFERENT AND/OR ADDITIONAL RIGHTS AND REMEDIES THAT VARY FROM STATE TO STATE.
Prop 65 Warning (CAL Health & Safety Code 25249.6: Some of the products on this website may contain a chemical known to the State of California to cause cancer or birth defects or other reproductive harm.
You agree that we, our directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content, products therein, or use of this Site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages, damages for loss of profits, revenue, data and use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, and use of, this Site or any other hyper-linked Web site.
Pricing: All items offered are sold at the most current prices available. Due to real time inventories and daily changes of costs and programs offered by manufacturers, prices and promotions will and do change frequently. HDTV Supply is unable to provide any price protection; therefore we will not refund any price difference on your current or previous orders if you find a lower price from another company, and we cannot honor a promotion on a purchase made before the promotion start date. (Nor will we bill you for any difference when a product price increases.) We sincerely appreciate your business and feel confident that our expertise, pricing and availability will exceed your expectations.
Accounts: You agree that you will not misuse or abuse account access and passwords. You agree that you will only use your password and that you will take all reasonable precautions to protect its secrecy.
Capacity to Contract: You represent to us that you are of the legal age of majority in your state of residence and/or that you are duly authorized by your employer to use this Site.
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, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
Although we do our best to achieve 100% accuracy, occasionally errors and inaccuracies do occur. Should you encounter an error or inaccuracy, please inform us so it can be corrected. Products and packaging depicted may differ from stock available at the time of shipment. We reserve the right to substitute equivalent items. If an error is made and a product is listed at an erroneous price, HDTV Supply may, at its discretion, refuse or cancel any orders placed at the incorrect price. If an order has been confirmed and charged to your credit card at the incorrect price, HDTV Supply shall have the right to immediately issue a credit in the amount of the incorrect price. Individual bank policies will dictate when this amount is credited to your account.
Prices and availability are subject to change without notice. Errors will be corrected where discovered, and we reserve the right to revoke 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. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. While HDTV Supply takes steps to ensure the accuracy and completeness of product and third-party services provided, please refer to the originator of information for details, for example the manufacturer for complete product details.
Although measures are taken to ensure the information in our catalogs and on this website is as timely and accurate as possible, we assume no responsibility for the accuracy of such information or its relevance to a specific use or application. Actual performance of products may vary based upon many factors and may be less than stated. Differences in system hardware, software design or configuration, as well as system use patterns, may affect product performance. Actual products may differ slightly in appearance to images shown.
Fraud Protection Policy: Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. HDTV Supply reserves the right, at any time after receipt of your order, to accept or decline your order for any reason. In addition, HDTV Supply reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item if fraud is suspected. As a protection against fraud for all of our customers, we may also require additional verifications of information before accepting any order.
Reviews and Comments: Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide HDTV Supply, Inc., including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary, and by submitting or posting, you agree to irrevocably license the entry and all IP rights related thereto (excluding the moral rights such as authorship right) to HDTV Supply, Inc. without charge and HDTV Supply, Inc. shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of HDTV Supply, Inc. and shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry by HDTV Supply, Inc. in the future.
You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third party claims. HDTV Supply, Inc. assumes no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defense for and indemnify the Sponsor against any losses caused due to the use of the entries for any purposes.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant HDTV Supply, Inc. the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other Content that you post on this Site and that use of your reviews, comments, or other Content by HDTV Supply, Inc. will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead HDTV Supply, Inc. or third parties as to the origin of any Submissions or Content. HDTV Supply, Inc. may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
Shipping Terms: Shipping terms are F.O.B. Westlake Village, California or if drop shipped from a vendors FOB their shipping point. HDTV Supply will arrange payment for shipping and insurance with the carrier, but such costs may be your responsibility. Risk of loss is upon you once HDTV Supply, or its vendor, delivers the product to the carrier. Delivery times are good faith estimates only and HDTV Supply or its vendor will not be liable for delays. All shipments are subject to stock availability. Please see our Shipping Policy for additional information.
We are not liable under any legal theory for consequential or incidental damages arising from shipping delays, system downtime, loss of data or for any loss, damage or expense arising from product malfunction or defect. We expressly disclaim all warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose. This disclaimer in no way affects the terms of the manufacturer's warranty, if any. Other restrictions may apply.
All U.S. domestic shipments are FCA Shipping Point in accordance with Incoterms 2000 and in all cases title shall pass upon delivery to the carrier at point of shipment and thereafter all risk of loss or damage shall be upon Customer (without regard to which party pays for the shipping costs). Company and carrier handling charges apply. Next Day and Second Day Air Service is available within the 48 contiguous states, Alaska, Hawaii, and Puerto Rico.
Delivery dates provided in advance are estimates only and shall not represent fixed or guaranteed delivery dates. Export shipments are on the basis of FCA Company Warehouse in accordance with Incoterms 2000, with the Company charging separately for the costs, insurance, and freight to bring the products to the named place of destination.
International: Products sold by HDTV Supply, including equipment and software, may be exported from the United States only in accordance with the Export Administration Regulations. Diversion contrary to United States law is prohibited. Customer warrants and represents that it is eligible to receive Products under United States law and agrees to abide by any export or re-export restrictions imposed by the manufacturer or publisher.
Pricing in Different Currencies: Pricing of products sold by HDTV Supply, Inc. is based upon figures calculated in U.S. Dollars (US$). If prices are displayed in other currencies they are converted from U.S. Dollars according to the most up to date conversion rates. Due to fluctuating currency values, prices displayed in non-U.S. denominations of currency on the Site, other than on the individual product page, may not be the most current. Areas of the Site where non-U.S. denominations of currency might be inaccurate include, but are not limited to, promotional banners, promotional pages, and information on product category pages. The price displayed on an individual product page, regardless of currency denomination, is the current price you are liable to pay to HDTV Supply, Inc, excluding shipping.
Export Controls: Products purchased or received under these Terms and Conditions of Sale are subject to export control laws, restrictions, regulations and orders of the United States. Customer agrees to comply with all applicable export laws, restrictions and regulations of the United States or foreign agencies or authorities, and shall not export, or transfer for the purpose of re-export, any product to any prohibited or embargoed country or to any denied, blocked, or designated person or entity as mentioned in any such United States or foreign law or regulation. Customer represents and warrants that it is not on the Denied Persons, Specially Designated Nationals or Debarred Persons List and is not otherwise prohibited by law from purchasing the products or services hereunder. Customer shall be responsible to obtain any license to export, re-export or import as may be required.
Vendor License Agreements: Customer agrees to abide by all license provisions or end user agreements imposed by the manufacturer or publisher.
Hazardous Applications Prohibited: The company's products are not recommended or authorized for safety, life support, surgical implant, nuclear, military or commercial aircraft applications, or for any use or application in which the failure of a single component could cause substantial harm to persons or property. You the customer assumes all risk and liability for use in such applications and agrees to indemnify the Company for all damages that may be incurred due to use of the Company's products in these prohibited applications.
Trade Information: Buyer agrees that all technical and marketing information including pricing information relating to product provided by HDTV Supply, Inc. or any information communicated to the buyer as a result of the execution of a purchase order is and shall remain HDTV Supply, Inc. 's exclusive property and constitutes its commercial secret. No information shall knowingly be passed on to companies or individuals acting directly or on behalf of those working competitively to HDTV Supply, Inc. Only information required by the buyer to resell HDTV Supply, Inc. products can be disclosed though only within the context of these terms and applies regardless of the form in which the information is communicated or reproduced
Quantities May be Limited: HDTV Supply may, at its own discretion, may limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by the same HDTV Supply account, credit card, and also orders that use the same billing and/or shipping address. Notification will be sent to the e-mail and/or billing address provided should such change occur. We reserve the right to limit the quantities sold, including the right to limit or prohibit sales to dealers.
Third Party Service Contracts: HDTV Supply, Inc. is a reseller of various products and services issued by and performed by third party service providers. We are not the providers of the services described in those contracts, and the third party service provider is the only party responsible for performing, or arranging for performance, of those services. You agree that the third party service provider is solely responsible for fulfillment of the service obligations, and you agree that you will look only to the third party service provider for any loss, claims or damages arising from or relating to the purchase and performance of those services. You also agree to release HDTV Supply, Inc. from any and all claims arising from or relating to the purchase and performance of the services to be provided by the third party service providers. Taxes will be charged to applicable states.
No Endorsement: HDTV Supply's web site information is not an endorsement of any goods or services offered on the website. Any attempt to state or imply HDTV Supply's endorsement of goods or services is incorrect.
Information sharing: We may employ third party companies to perform functions on our behalf. These functions may include order fulfillment, package delivery, marketing assistance, postal and e-mail delivery, customer service, data analysis, and credit processing. The third parties we contract for these purposes have limited access to your personal information and may not use it for other purposes. Some of them are:
P.O. Box 45950
Omaha, NE 68145-0950
US Postal Service Headquarters
475 L'Enfant Plaza, SW
UPS Corporate Headquarters
55 Glenlake Parkway, NE
Atlanta , GA 30328
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Web site.
Feedback: We welcome all comments, feedback, information, or materials, which you submit to us through or in conjunction with this Site ("Feedback"). Please note that your Feedback shall be considered non-confidential and become our property. By submitting your Feedback to us, you agree to a no charge assignment to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to your Feedback. We shall be free to use your Feedback on an unrestricted basis.
Links: This Site may contain links to other Web sites on the Internet that are owned and operated by third parties. You acknowledge that we do not endorse and are not responsible for the operation of or content located on or through any such Web site.
Third Party Content: Certain content from third party vendors may be made available as part of this Site. This content is believed to be reliable, but we do not endorse or guarantee the accuracy or completeness of this content, nor do we take responsibility if the product may be in violation of a law. If you a question on the viability of the product please send an email to support @ hdtvsupply dot com and we will send you the the manufacturers web site and email for you to contact.
The products offered for sale by the Company may be subject to patent, trademark, copyright, design and other rights of third parties. The Company shall in no event whatsoever be responsible or liable in the event of any claim of infringement of any such rights.
Order Acceptance: Terms of payment shall be determined in our discretion and as otherwise agreed to by us. Payment shall be made by a credit card or some other pre-arranged method of payment acceptable to the Online Store. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of the order or our offer to sell. We reserve the right, without prior notification, to accept or decline your order or limit the order quantity for any reason. Where payment is made by credit card, such payment is subject to the approval of the financial institution issuing the credit card and we shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. We may require, at our option, that any order placed over certain dollar amounts receive our pre-approval. We also may require additional verification or information before accepting any order.
Prices, Shipping and Handling Charges: Not all prices include charges for shipping and handling or taxes. Separate charges for shipping and handling will be shown on the invoice.
Processing Time: Your order is thoroughly reviewed by our Credit Card Department to ensure that the order is accurate, the payment method is valid, and you are authorized to use this payment method. Once your order has passed the rigorous review by our Credit Card Department, it is sent to our shipping destination, distributor or warehouse for shipment.
At times, we may not charge your credit or debit card until your order is shipped, however we do attempt to get an authorization on your card for the amount of your order at the time your order is placed. This authorization is not a charge but still may utilize a portion of your credit limit or available funds making those funds or portion of your credit limit unavailable for other use. In the unlikely event that your order is delayed or canceled the authorization will expire and your credit limit or available funds will again become available for use. The amount of time it takes for an authorization to expire is dependent on the policies of the bank that issued your card and ranges from 1 to 7 business days.
Please note, credit card processing can take up to 3 business days (Depending on the accuracy of the information given to us by the customer.). Further, for security reasons, voice confirmation may be required before we can process your credit card for payment.
If the item(s) on your order are in-stock, we will ship them as soon as possible from our warehouse or from one of our Distribution Warehouses located in the United States. If the item(s) on your order are out of stock, they will not be shipped until we have received and processed the back ordered inventory in our warehouse.
Sales and Other Taxes: We are obligated to withhold sales tax for delivery within certain states and all such taxes shall be automatically charged and withheld. Unless Customer provides us with a valid and correct tax exemption certificate applicable to the product ship-to location prior to our acceptance of the order, the customer is responsible for sales and all other taxes associated with the order not collected by us.
Product Availability: Although availability may be indicated on the Site, we cannot guarantee product availability and products, nonetheless, may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.
Technical Service and Support: All requests for technical service and support for products purchased should be made directly to the manufacturer or us in accordance with their terms and conditions. If we are the manufacturer, as stated in the ad, please send an email to support@NOSPAMhdtvsupply.com - delete NOSPAM and describe your needs.
Intellectual Property Rights: The products offered for sale by the Company may be subject to patent, trademark, copyright, design and other rights of third parties. The Company shall in no event whatsoever be responsible or liable in the event of any claim of infringement of any such rights.
The Company's entire catalog(s) and website(s), including without limitation, the content of the catalog(s) and website(s) is copyrighted as a collective work under United States laws and applicable international copyright laws and the Company owns the full copyright in its catalog(s) and website(s), including without limitation in the selection, coordination, arrangement and enhancement of the content contained therein.
Except as stated below, none of the materials in the Company's catalog(s) or on its website(s) may be reproduced, distributed, republished, downloaded, copied in any form or by any means, displayed, posted, transmitted, modified, translated, added to, updated, compiled, or abridged without the prior written permission of the Company. Customer may download, store, print and copy selected portions of the content in the Company's catalog(s) and website(s) provided Customer:
(1) only uses the content downloaded, stored, or printed for furthering Customer's business with the Company;
(2) does not publish or post any part of the content from the catalog(s) or website(s) in any other catalog or on any other Internet site;
(3) does not publish or broadcast any part of the content from the catalog(s) or website(s) in or on any other media; and
(4) does not modify or alter the content from the catalog(s) or website(s) in any way or delete or modify any copyright or trademark notice.
Compliance with Return Policies: You agree to comply with and be bound by the return policies in connection products purchased through this Site. Our return policy is at Return Policy . All of our products are warranted as new as this document provides or as the product ad notes.
All non-defective returns authorized by HDTV Supply, Inc. whether opened or unopened, will be assessed a minimum 15% restocking fee, and must be authorized for return within 30 days from date of receipt. No refunds will be issued after such 30 day period. Authorization may be obtained by calling Customer Service at 1-(800) 841-9238 or by e-mail at returns@hdtvsupply dot com. Customer will be issued a Return Merchandise Authorization (RMA) which is valid for 10 days. Failure to return a product within such 10 day authorization period will be deemed to be an acceptance of the product.
Return privileges are subject to various manufacturers' policies. Many manufacturers have imposed certain return restrictions. Consequently, HDTV Supply, Inc. reserves the right to decline specific return requests based on those restrictions. Be sure to ask us about specific return conditions before you purchase any item. Of course all of our products are warranted if they don't work please send an email to email@example.com and describe the problem you are having and we will respond within 8 business hours, or call us at (800) 841-9238 PST.
Order Cancellation Policy: HDTV Supply wants to treat our customers as forthright as possible but once the order process begins we are contractually committed to paying various fees even if you elect to cancel your order. Orders released to shipping, but not shipped, may qualify for only a 90% refund of the product price which excludes the shipping and order processing fees therefore you are committed to reimburse HDTV Supply for those fees once your order is released for shipping and not shipped.
Please call us immediately at (800) 841-9238 PST or email us at support@hdtvsupply dot com for order cancellation.
As we process the orders with great care and concern accordingly to the customers' requirements and specifications; in return, we would like the customer to treat the order seriously. There is no exception to these charges.
Termination of Usage: We may terminate or suspend your access to or use of all or part of this Site, without notice, for any conduct that we believe is disruptive to this Site or is in violation of any applicable law or these Terms and Conditions.
Force Majeure: The Company shall not be liable for loss or damage caused by any delay or failure to perform resulting in whole or in part from Acts of God, severe weather conditions, labor disruptions, governmental decrees or controls, insurrections, war, risks, shortages, inability to procure or ship product or obtain permits and licenses, insolvency or other inability to perform by the manufacturer, delay in transportation, any other commercial impracticability and/or any circumstances beyond the control of the Company in its business operations.
Warranty Disclaimer: This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, HDTV Supply, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. HDTV Supply, Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. HDTV Supply, Inc. does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability: HDTV Supply, Inc. shall not be liable for an
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