Terms and Conditions

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 Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Site.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: cs@toolshopusa.com 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.