Terms & Conditions
Brandster, Inc.Terms & Conditions Agreement
Read These Terms of Use Agreement Before Accessing Website.
This Terms and Conditions Agreement sets forth the standards of use of this online store. By using this website, you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted on this website. Brandster, Inc. reserves the right to cancel any order, for any reason, at any time. Your continued use of the Service after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Disclaimer of Warranties
This site is provided by Brandster, Inc. on an "as is" and an "as available" basis. To the fullest extent permitted by applicable law, Brandster or its affiliates makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. Brandster, Inc. shall have no liability for any interruptions in the use of this website. Brandster disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion is inapplicable.
Limitation of Liability
BRANDSTER, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN BRANDSTER, INC. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF BRANDSTER, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
Indemnification
Member agrees to indemnify and hold Brandster, Inc., its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service. The violation of this Agreement, or infringement by Member or other users of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
Modifications, Interruption, and Cancellation of Sale/Service
Brandster, Inc. reserves the right to cancel, modify, or discontinue any sale or Service with or without notice to the buyer/customer. Brandster, Inc. shall not be liable to any buyer/customer, or third party should Brandster, Inc. exercises its right to cancel, modify, or discontinue the sale or Service. Purchaser acknowledges and accepts that Brandster, Inc. does not guarantee continuous, uninterrupted, or secure access to our website, and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites
Our website may include links to other Internet sites owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of the content located on or through any third-party site. You should contact the site administrator or web admin for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to each site's terms of use and privacy policies, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have been provided by the Vendors or collected from publicly available sources. Brandster, Inc. makes every effort to ensure that the information on this website is accurate. We can make no representations or warranties regarding the accuracy or reliability of any information provided on this website. Brandster, Inc. makes no warranties or representations whatsoever concerning any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
Governing Jurisdiction of the Courts - Florida
Our website is operated and provided in the State of Florida. As such, we are subject to the laws of the State of Florida, and such laws will govern these Terms of Use without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal, or available for use in other locations. Accordingly, if you choose to access our site, you agree to do so subject to the internal laws of the State of Florida.
Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with such laws. Member may not use the Service in any way that violates appropriate state, federal, or international laws, regulations, or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.
Payments
You, the buyer, represent and warrant that if you are purchasing something from Brandster.com that (1) any or all credit card information you supply is truthful, accurate, and in its entirety, (2) charges incurred by you, the buyer, will be honored by your bank, credit card company, or credit union and (3) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
Lowest Price Guarantee
"Lowest Price Guarantee" is only valid 60 days from date of original purchase. This guarantee is based on "exact merchandise" and cannot be applied or substituted for any other merchandise, deal, or discount. All advertised pricing MUST be submitted to Brandster via email or US mail with the competitors' logo clearly indicated on the price quote to be valid. Allow 6 to 8 weeks for reimbursement of any funds credited. Excludes: Going Out of Business Sales, Blow Out Sales, Close Out Sales, Liquidation Sales, Retirement Sales, Floor Sample Sales, Clearance Sales, Verbal Price Quotes, and Unadvertised Priced Sales.
Tax Policy
Brandster, Inc. charges sales tax for goods that are shipped within the contiguous US. The customer is solely responsible for paying their appropriate sales and/or use tax for the state that goods are delivered to when sales tax is not collected by Brandster, Inc. Please refer to your state sales tax policies for more information.
Chargeback, Damage(s), Disputes & Warranty Policy
IMPORTANT: Customer has 48 HOURS after delivery to inspect and report ANY or ALL damages. Merchandise damaged due to freight or concealed damage should be reported immediately by contacting the customer care department. After 48 hours of delivery, the Customer is responsible for any damage(s) found. Purchases will appear on your credit/debit card statement as Brandster, Inc. You agree not to file a credit card or debit card chargeback regarding any purchase and instead abide by the dispute resolution procedures outlined below. Brandster, Inc. cannot be held accountable for manufacturer product issue defects and claims no responsibility for replacing any product(s) under manufacturer warranty. It is the Customer's responsibility to review the manufacturer's warranty before making a purchase. The Customer agrees not to submit a dispute that would result in a chargeback while any warranty process is in progress. Brandster, Inc. shall hold all funds for the entirety of the warranty process. In the event that you breach this Agreement and file a chargeback, the Customer agrees to have the funds re-deposited back to the Brandster, Inc. account until further notice.
Dispute Resolution Procedure
By purchasing from Brandster, Inc. or a website owned and operated by Brandster, Inc., you (the buyer) agree to abide by the following Dispute Resolution Procedure (DRP) in the case of any or all disputes resulting in a refund, credit, or chargeback.
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Contact Brandster, Inc. immediately with dispute claim in writing.
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Provide supporting documentation to your dispute claim.
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Dispute claims cannot be made for the product(s) covered under a valid manufacturer's warranty or for the product(s) delivered in "Good Condition." Customer must allow warranty claims process to commence before disputing order for chargeback.
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All monies are to be held by Brandster, Inc. while dispute undergoes review.
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Please allow up to 160 Days for warranty process to take place.
P65 Warnings
Certain products listed in our catalog can expose you to chemicals that are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to: www.p65Warnings.ca.gov.
We stand 100% behind our products and the manufacturers who produce them, and we will make every effort to resolve any problems.
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