
Sales Tax Sales tax is applied to orders shipped within the State of California.Site Governed by Terms and Conditions Welcome to
the ToolShopUSA.com site (Site). ToolShopUSA provides this Site
as a service to its customers. ToolShopUSA requests that you
carefully read these Terms and Conditions and Privacy and Security
Policy before using the Site. By using the Site, you agree to follow and
be bound by these Terms and Conditions and our Privacy and Security
Policy without modification. If you do not agree to these Terms and
Conditions, please refrain from using this Site.
Changes to Terms and Conditions ToolShopUSA may revise these Terms and Conditions at any time, at its sole
discretion, by posting an updated version on the Site. Any changes that
we make will be effective immediately upon posting. Please check this
page periodically for changes. You will be able to determine if there
have been changes since your previous visit by viewing the Last Updated
information that appears at the bottom of these Terms and Conditions.
Certain provisions of these Terms and Conditions may be superseded by
expressly designated legal notices or terms located on particular pages
at this Site.
Use of Site The Site design and
all text, graphics, information, content, and other material displayed
on or that can be downloaded from this Site are either the property of,
or used with permission by, ToolShopUSA and are protected by
copyright, trademark and other laws and may not be used except as
permitted in these Terms and Conditions or with the prior written
permission of the owner of such material. You may not modify the
information or materials located on this Site in any way or reproduce or
publicly display, perform, or distribute or otherwise use any such
materials for any public or commercial purpose. Any unauthorized use of
any such information or materials may violate copyright laws, trademark
laws, laws of privacy and publicity, and other laws and regulations.
Trademarks Trademarks,
trade names, service marks and logos used or displayed on this Site are
registered and unregistered trademarks, trade names and service marks
of ToolShopUSA and its affiliates. Nothing contained on this Site
grants or should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use any trademarks, trade names,
service marks or logos displayed on this Site without the written
permission of ToolShopUSA.
Linking to this Web Site Creating
or maintaining any link from another Web site to any page on this Site
without ToolShopUSA's prior written permission is prohibited. Running
or displaying this Site or any material displayed on this Site in
frames or through similar means on another Web site without ToolShopUSA's prior written permission is prohibited. Any permitted links to
this Site must comply will all applicable laws, rule and regulations.
Third Party Links From
time to time, this Site may contain links to Web sites that are not
owned, operated or controlled by ToolShopUSA, or its affiliates. All
such links are provided solely as a convenience to you. If you use these
links, you will leave this Site. Neither ToolShopUSA nor any of its
affiliates are responsible for any content, materials or other
information located on or accessible from any other Web site. Neither ToolShopUSA nor any of its affiliates endorse, guarantee, or make any
representations or warranties regarding any other Web site, or any
content, materials or other information located or accessible from such
Web sites, or the results that you may obtain from using such Web sites.
If you decide to access any other Web site linked to or from this Site,
you do so entirely at your own risk.
Inappropriate Material You
are prohibited from posting or transmitting any unlawful, threatening,
defamatory, libelous, obscene, pornographic or profane material or any
material that could constitute or encourage conduct that would be
considered a criminal offense or give rise to civil liability, or
otherwise violate any law. In addition to any remedies that ToolShopUSA may have at law or in equity, if ToolShopUSA reasonably
determines that you have violated or are likely to violate the foregoing
prohibitions, ToolShopUSA may take any action they reasonably deem
necessary to cure or prevent the violation, including without
limitation, the immediate removal from this Site of the related
materials. ToolShopUSA will fully cooperate with any law enforcement
authorities or court order or subpoena requesting or directing ToolShopUSA to disclose the identity of anyone posting such materials.
User Information Other
than personally identifiable information, which is subject to this
Site's Privacy and Security Policy, any material, information,
suggestions, ideas, concepts, know-how, techniques, questions, comments
or other communication you transmit or post to this Site in any manner
("User Communications") is and will be considered non-confidential and
non-proprietary. ToolShopUSA, each of its affiliates and/or their
designees may use any or all User Communications for any purpose
whatsoever, including, without limitation, reproduction, transmission,
disclosure, publication, broadcast, development, manufacturing and/or
marketing in any manner whatsoever for any or all commercial or
non-commercial purposes. ToolShopUSAmay, but is not obligated to,
monitor or review any User Communications. ToolShopUSA shall have no
obligations to use, return, review, or respond to any User
Communications. ToolShopUSA will have no liability related to the
content of any such User Communications, whether or not arising under
the laws of copyright, libel, privacy, obscenity, or otherwise. ToolShopUSA retains the right to remove any or all User Communications that
includes any material ToolShopUSA deems inappropriate or
unacceptable. If you use the Site, you are responsible for maintaining
the confidentiality of your account and password and for restricting
access to your computer, and you agree to accept responsibility for all
activities that occur under your account or password.
Content Accuracy ToolShopUSA tries to ensure that the information provided on the Site or in
any ToolShopUSA catalog or advertisement is accurate and up-to-date
but due to the risk that the information may be compromised by software
or procedural errors, ToolShopUSA does not guarantee the accuracy or
completeness of the information provided on this Site or in any ToolShopUSA catalog or advertisement. ToolShopUSA reserves the right to
correct any errors, inaccuracies or omissions and to change or update
information at any time without prior notice (including after you have
submitted your order). Please note that such errors, inaccuracies or
omissions may relate to product description, pricing and availability.
Photos may vary. Pricing and shipping and handling rates are subject to
change without notice. We apologize for any inconvenience this may cause
you.
DISCLAIMERS YOUR USE OF THIS SITE IS AT
YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS
SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER HARBOR FREIGHT, NOR
ANY OF ITS AFFILIATES, SERVICE PROVIDERS OR SUPPLIERS WARRANTS THE
ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS
SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS SITE MAY BE OUT OF
DATE, AND NEITHER TOOLSHOPUSA, NOR ANY OF ITS AFFILIATES, SERVICE
PROVIDERS OR SUPPLIERS MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE
SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED
WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO
YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND
SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY
APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS
AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE
LAW, TOOLSHOPUSA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO
THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TOOLSHOPUSA HEREBY
EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS
THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT
MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES,
OR MISAPPROPRIATION. TOOLSHOPUSA MAKES NO WARRANTIES TO THOSE
DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE
COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED
WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO
YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATIONS OF LIABILITY ToolShopUSA and its service providers assume no responsibility, and shall
not be liable for, any damages to, or viruses that may infect, your
computer, telecommunication equipment, or other property caused by or
arising from your access to, use of, or browsing this Site or your
downloading of any materials, from this Site. IN NO EVENT WILL TOOLSHOPUSA, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS,
AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, NOR ITS SERVICE PROVIDERS OR
ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF
THIS SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION)
ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS
SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION
OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON
WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF
LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO
YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY
PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY
IS TO CEASE USING THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THE
PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS SITE,
YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF
SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH
MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND
FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS
POLICIES POSTED ON THIS SITE.
Choice of Law; Jurisdiction These
Terms and Conditions supersede any other agreement between you and ToolShopUSA to the extent necessary to resolve any inconsistency or
ambiguity between them. These Terms and Conditions will be governed by
and construed in accordance with the laws of the State of California,
USA, without giving effect to any principles of conflicts of laws. You
hereby consent to the exclusive jurisdiction and venue of the courts,
tribunals, agencies and other dispute resolution organizations in Los
Angeles, California, USA in all disputes (a) arising out of, relating
to, or concerning this Site and/or these Terms and Conditions, (b) in
which this Site and/or these Terms and Conditions are an issue or a
material fact, or (c) in which this Site and/or these Terms and
Conditions are referenced in a paper filed in a court, tribunal, agency
or other dispute resolution organization. Use of this Site is
unauthorized in any jurisdiction that does not give full effect to all
provisions of these Terms and Conditions, including without limitation
this paragraph and the warranty disclaimers and liability exclusions
above. ToolShopUSA has endeavored to comply with all legal
requirements known to it in creating and maintaining this Site, but
makes no representation that materials on this Site are appropriate or
available for use in any particular jurisdiction. Use of this Site is
unauthorized in any jurisdiction where all or any portion of this Site
may violate any legal requirements and you agree not to access this Site
in any such jurisdiction. You are responsible for compliance with
applicable laws. Any use in contravention of this provision or any
provision of these Terms and Conditions is at your own risk and, if any
part of these Terms and Conditions are invalid or unenforceable under
applicable law, the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the Terms and
Conditions shall govern such use.
With the prior agreement of ToolShopUSA, any claim, dispute or controversy arising out of,
relating to or concerning this Site and/or these Terms and Conditions
shall be decided by binding arbitration in accordance with the Rules of
the American Arbitration Association and any such arbitration
proceedings shall be brought and held in Los Angeles, California, USA.
The decisions of the arbitrators shall be binding and conclusive upon
all parties involved and judgment upon any award of the arbitrators may
be entered by any court having competent jurisdiction. This provision
shall be specifically enforceable in any court of competent
jurisdiction.
Termination You or we may
suspend or terminate your account or your use of this Site at any time,
for any reason or for no reason. You are personally liable for any
orders that you place or charges that you incur prior to termination. We
reserve the right to change, suspend, or discontinue all or any aspect
of this Site at any time without notice.
Additional Assistance If
you do not understand any of the foregoing Terms and Conditions or if
you have any questions or comments, we invite you to call our Customer
Service Department at (626)888-2637 Monday through Friday 8:30 a.m. to 5:00 p.m. PST.
Entire Agreement These Terms
and Conditions, the Privacy and Security Policy, and terms of sale
constitute the entire agreement between you and ToolShopUSA with
respect to this Site. This agreement supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral
or written, between you and ToolShopUSA with respect to this Site. No
modification of this agreement shall be effective unless it is authored
by ToolShopUSA, or unless it is physically signed in blue ink by a ToolShopUSA executive officer. Any alleged waiver of any breach of
this agreement shall not be deemed to be a waiver of any future breach. A
printed version of this agreement and/or of any notice given by ToolShopUSA in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement or
your use of this Site to the same extent and subject to the same
conditions as other business documents and records originally generated
and maintained by ToolShopUSA in printed form.
All other
trademarks not owned by ToolShopUSA or its affiliates that appear on
this Site are the property of their respective owners, who may or may
not be affiliated with, connected to, or sponsored by ToolShopUSA or
its affiliates or subsidiaries. Return Policy A return merchandise authorization number is required for all returns.
You must obtain a Return Merchandise Authorization ("RMA") number within
our Return or Warranty policy period (within 30 days from the date of
purchase). We will not accept returns without prior authorization and an
RMA number. Please contact customer service to obtain an RMA number,
Email: [email protected] or call us at (626)888-2637
All product returns for refund or exchange must include the original packaging such
as warranty card, all Cables, manuals and any other accessory that was
initially shipped. We may refuse the request of return if product was
not return with the complete package.
A 20% Restocking Fee will
be applied to all NON DEFECTIVE returns for refund. Shipping and
handling charges are non-refundable. No returns will be accepted after
30 Days, unless otherwise stated.
All return items sending back to us are to be prepaid by Customer. No COD or Freight collect returns will be accepted by us.
Modifying a product in a permanent way is considered as physically damaging the product and will void the product's warranty.
|