PLEASE READ THESE TERMS & CONDITIONS. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AN EXCLUSIVE REMEDY, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.
YOU AGREE THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT AND LEGALLY PERMITTED TO PURCHASE THE ITEMS YOU ARE PURCHASING.
- Scope and Application
- Billing and Returns
2.1. You agree to pay us the amount shown at the time of checkout.
2.2. If your charge cannot be processed, your order may be cancelled.
2.3. You authorize us and our third-party billing-services provider to initiate debit/credit entries to the bank deposit account or credit card You provided for the amount of Your purchase.
2.4. You agree not to attempt to obtain a “charge back” from your credit/debit card issuer for any disputed transaction. You expressly agree to submit any and all concerns regarding products and billing in writing to Milton Abadia, 501 NW 98 AVE Pembroke Pines FL, 33024.
2.5. If You pay by credit card or demand debit, You hereby make the following statement: “I hereby authorize SHOPPPYgears.com and its third-party billing-services provider to initiate debit/credit entries to my bank deposit account or credit card.”
2.6. All sales are Final and no returns are accepted unless items received are damaged or defective. If an item is found to be defective, only the defective item will be replaced, not the entire kit. No returns will be accepted from outside the United States for any reason. Should you notice a discrepancy or damaged item, it is your responsibility to notify SHOPPPYgears.com within 5 business days of receipt by either mail or email to shoppygears at 501 NW 98 AVE Pembroke Pines FL, 33024 or firstname.lastname@example.org. If the item was damaged during delivery, you must save the shipping package for insurance purposes.
- Terms of Agreement
3.1. We may reject your order without liability if we are unable to process or fulfill it.
3.2. We may keep records of this Agreement. We may be able to provide You with copies on written request; however, You must make sure you retain a copy of Agreement for your own records.
3.3. We reserve the right, in our sole opinion and absolute discretion, to refuse or cancel your order for any reason whatsoever, including, but not limited to, a violation of the terms of this Agreement, applicable law, or conduct that is harmful to Our interests.
4.1. You represent and warrant that the information provided by You when ordering is up-to-date, materially accurate, and is sufficient for Us to identify you and receive payment. You represent and warrant that Your purchase is for Your own personal use and that You will not sell any of our products to others.
4.2. Each party represents and warrants to the other that it has full right and authority to enter into this Agreement and to perform all of its obligations hereunder; that its execution and performance of this Agreement will not breach any agreement between itself and a third party; and that the provisions of this Agreement are binding upon and enforceable against it except as may be limited by applicable United States bankruptcy laws and other laws affecting creditor’s rights.
4.3. YOU REPRESENT THAT THE SHIPPING ADDRESS PROVIDED BY YOU IS ACCURATE AND THAT YOU WILL BE RESPONSIBLE FOR ANY REDELIVERY, HANDLING AND SHIPPING CHARGES INCURRED IF YOU DO NOT PROVIDE US WITH THE CORRECT SHIPPING ADDRESS.
- Price and Terms of Payment
5.1. We reserve the right to notify You of any mistakes in product descriptions or errors in pricing. In such event, if You choose to have us process Your order, You acknowledge that Your order will be processed in accordance with such revised description or corrected price.
5.2. Our billing agent will charge credit or debit card upon receipt of Your order. We reserve the right to verify credit or debit card payments at any time.
- Arbitration and Waiver of Class Claims
6.1. YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND US, INCLUDING, WITHOUT LIMITATION, TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE, OR LOCAL STATUTE, LAW, ORDER, ORDINANCE, OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY THE FINAL AND BINDING ARBITRATION PROCEDURES SET BELOW. THE PARTIES ACKNOWLEDGE AND AGREE THAT ANY SUCH CLAIMS SHALL BE BROUGHT SOLELY IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES FURTHER AGREE THAT THE ARBITRATOR SHALL NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND SHALL NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY A FLORIDA STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”).
6.2. The following procedures shall apply:
6.2.1. Any party that intends to make a claim shall first notify the opposing party in writing of such intention and shall describe in such notice, with reasonable particularity, the nature and basis of such claim, and the total amount of the claim. Within thirty (30) days of receipt of such notice, the party receiving notice of a claim shall provide a written response which, with reasonable particularity, sets forth its position concerning the claim. If the parties are unable to resolve the dispute arising from the claim by good faith negotiations to be conducted within the thirty (30)-day period following the written response, either of them may initiate binding arbitration pursuant to the terms and conditions set forth below.
6.2.2. In the event a party elects to proceed with binding arbitration, it shall provide written notice thereof to the other party by registered or certified mail. The arbitration shall be conducted in Broward County, FLORIDA, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses).
6.2.3. Separate and apart from the agreement to arbitrate set forth above, the parties hereby independently waive any right to bring or participate in any class action in any way related to, or arising from, this Agreement.
- Disclaimers and Limitation of Liability
7.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHOPPPYgears.com EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF QUALITY, AVAILABILITY, HIDDEN DEFECTS, TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO GUARANTEE OR ASSURANCE THAT OUR SITE IS ACCURATE, TIMELY, COMPLETE OR ERROR FREE.
7.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SHOPPPYgears.com IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR OTHER INDIRECT DAMAGES, REGARDLESS OF HOW CAUSED, THEORY OF LIABILITY, OR WHETHER WE (OR OUR LICENSORS OR SUPPLIERS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY AND OUR LICENSORS AND SUPPLIERS ARISING OUT OF THIS AGREEMENT IS LIMITED TO THE AMOUNTS YOU PAID US.
7.3. THIS AGREEMENT DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER. HOWEVER, WE SHALL BE ENTITLED TO THE MAXIMUM LIMITATIONS AND EXCLUSIONS PERMITTED, AND IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT OF YOUR PURCHASE.
- Governing Law
8.1. Our Agreement and your use of our Website shall be construed, governed by and enforced under the substantive laws of the State of Florida applicable to parties resident in and contracts made, executed and wholly performed within the State of Florida. You submit to the jurisdiction of the State and Federal courts situated in Broward County, Florida, USA in all disputes arising out of or related to the use of the Website and you will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. The Uniform Computer Information Transactions Act does not apply to our Agreement.
8.2. YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY IN CONNECTION WITH ANY ACTION OR PROCEEDING ARISING UNDER THE AGREEMENT OR YOUR USE OF OUR SITE. BY COMPLETING YOUR PURCHASE, YOU ARE INDICATING YOUR ACCEPTANCE TO THIS AGREEMENT.
9.1. The Agreement is the entire agreement you have with us regarding the subject matter hereof and supersedes any and all prior or inconsistent understandings. Our Agreement cannot be modified except as set described herein or in a written amendment signed by an authorized representative of ours. No electronic or digital communication of any kind is to be construed as a “writing” for purposes of amending or modifying our Agreement or the rights and obligations of the parties hereunder. The illegality, unenforceability or invalidity of any provision is severable and shall not affect or impair the rest of our Agreement. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. You shall not assign, transfer, charge, or make over or purport to assign transfer charge to make over your rights under this Agreement. Any purported assignment shall be null and void. Headings are purely for reference and shall not affect meaning. Any provision that Milton Abadia, 501 NW 98 AVE Pembroke Pines FL, 33024/SHOPPYgears.com must survive any termination of your agreement with us in order to allow us to enforce its meaning shall survive. You may not make or initiate any demand, claim or action against us, regardless of form or the basis of the claim, more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). If we believe, have reason to believe or are notified of anything which could compromise or endanger the health or safety of any person, could cause damage (tangible or intangible), could adversely affect, infringe upon or misappropriate anyone else’s rights, harasses or interferes with any other user, interferes with or bypasses security or other protective measures violates any law or regulation or this Agreement, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under our agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law. Nothing herein or on the Website should be understood as granting you a license to use any of the trademarks, service marks, verbiage, information or logos owned by us or by any third party. We make no representation that any of the materials or the services to which you have been given access or can purchase are available or appropriate for use outside the United States or the State you reside in and access to the Website from territories or States where its contents are illegal or restricted is prohibited. If you choose to access the Website, you do so on your own initiative and are responsible for compliance with applicable laws, rules, and regulations.
9.2. Consumer Rights Information; Division of Costumer Services Chapters: 472, 496, 501, 507, 525, 526, 527,531, 559 Florida. If this site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this site. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with Division of Costumer Services Chapters: 472, 496, 501, 507, 525, 526, 527,531, 559 Florida. All correspondence should be addressed to our agent for notice at the following address: Notification of Consumer Rights Complaint or Pricing Inquiry:
You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at :
Florida Department of Agriculture and Consumer Services
Division of Consumer Services
P.O. Box 6700
Tallahassee, FL 32399-6700
9.3. Links to This Site. We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, damaging, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or trade name that may be displayed on this site or other proprietary graphic image or verbiage in the link without our prior written consent.