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Terms & Conditions
TERMS AND CONDITIONS OF SALE
Date of last Revision: October 11, 2003
The foregoing terms and conditions of sale ("Sale Terms") apply to your purchases of any products from PrepareSmart LLC ("PrepareSmart"), except to the extent that you have entered into a separate written agreement with PrepareSmart that supercedes some or all of these Sale Terms. These Sales Terms are subject to change without prior written notice at any time, in PrepareSmart's sole discretion. By placing an order for products through this Web site (the "Site"), you agree to be bound by and accept the terms and conditions in effect at the time of such order. Other than as specifically provided in any separate written agreement between you and PrepareSmart, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s), and all sales are expressly conditioned upon your agreement to these terms and conditions.
1. Your Account
You are not required to set up and account to place an order on this Site. If you do set up an account, 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.
2. Shipping Terms and Policies
Ø Please allow 1-3 weeks for order processing and 3-7 business days for standard delivery. We reserve the right to substitute another carrier of equal or lesser cost to deliver your order.
Ø Shipping is generally calculated based upon the total weight of the order, with a minimum shipping charge of 7.25. Certain items that are oversized or overweight may be subject to additional shipping charges. The shipping charge shown during the checkout process is subject to verification. If the actual shipping charge is more than the amount shown on your invoice, we will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order. If you believe the shipping charge shown at checkout seems excessive, please contact us at firstname.lastname@example.org to verify the shipping costs.
Ø All orders are shipped FOB Shipping Point. Title to products passes from PrepareSmart to you upon shipment.
Ø You order will not ship until payment is received in full and funds are verified.
Ø We will not charge your credit card until your order is shipped, except in the case of deposits for special order merchandise.
3. Return and Exchange Policies
Ø Except for special orders, certain bulk purchases, and as otherwise noted by PrepareSmart, you may return products to us for a refund of your purchase price when you notify us within 10 days of receipt of your order. We do not accept returns after this 10-day period. A 20% restocking fee may be applied to your return, but it shall not apply to returns due to defects or errors by PrepareSmart.
Ø Customer must pay shipping back to designated location for returned items, unless such item is being returned due to a product defect or error by PrepareSmart. Customer must call first for a return authorization number. No merchandise can be returned without a written authorization number.
Ø Items must be unopened, in new condition, and returned in original shipping containers.
Ø Due to mandated health codes, food and water products are non-returnable.
Ø All merchandise must be inspected by customer upon delivery. If any box looks dented or damaged in any way, the driver must make a notation and should mark any damages. Boxes opened later and then damage noticed without driver making notation, is considered concealed damage. Some shipping companies do not always cover full refunds on concealed damage items.
4. Who We Sell To; Minimum Orders
PrepareSmart only sells products to adults, who can purchase with a credit card. If you are under 18, you may use our Site only with involvement of a parent or guardian. PrepareSmart reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including without limitation the right to cancel order that are less than $25.
5. Product Descriptions; Pricing; Errors
PrepareSmart attempts to be as accurate as possible and eliminate errors on this Site. However, we do not warrant that product descriptions, photographs, pricing or other content of this site is accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by PrepareSmart is not as described or pictured, your sole remedy is to return it in unused condition for a refund. In the event of an error, whether on the Site, in an order confirmation, in processing an order or otherwise, we reserve the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order. All prices are subject to change without notice and customers will be advised of the current cost.
Any quotations given by PrepareSmart will be valid for the period stated on the quotation, unless such quotation is sooner terminated by PrepareSmart. In the event there is an error in a quotation, PrepareSmart shall not be bound by such quotation.
7. Sales Tax
Sales tax will be charged on all sales delivered in Washington state unless a valid resale certificate is on file with PrepareSmart. If you do not pay sales ax on any transaction, you will be responsible for such taxes in the event that they are determined to be payable on such sale.
PrepareSmart and its suppliers continually upgrade and revise its products and service offerings to provide you with new products and service offerings. PrepareSmart may revise or discontinue products at any time without prior notice to customers. If necessary, PrepareSmart reserves the right to substitute items of equal or greater value when an item is unavailable from our supplier.
ANY WARRANTY ON THIRD PARTY PRODUCTS PURCHASED THROUGH THIS SITE ARE PROVIDED BY THE ORIGINAL MANUFACTURER ONLY AND NOT BY PREPARESMART. PREPARESMART ITSELF MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS SOLD ON THIS SITE.
10. Limitation of Liability.
PREPARESMART 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. TO THE FULL EXTENT PERMITTED BY LAW, PREPARESMART'S LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS FROM THIS SITE.
11. Governing Law; Venue
These Sale Terms and your purchase of products from PrepareSmart though this Site shall be governed by and construed in accordance with the laws of the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Sales Terms or your purchase of products shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
12. Questions & Contact Information
Questions or comments about PrepareSmart's Site may be directed to PrepareSmart, Inc. at info@PrepareSmart.com, or you may telephone us at (425) 881-5354.