TERMS & CONDITIONS
For the purpose of this agreement, Delta Swiss Technologies, Inc., a Arizona Corporation DBA "www.DeltaSwiss.com" will be hereinafter referred to as “Vendor.” Also for the purpose of this agreement, all customers and visitors to this website (natural persons or otherwise) will be hereinafter referred to as “Customer.”
NOTICE OF AGREEMENT & ENFORCE-ABILITY
Customers are advised to fully read and understand the following terms and conditions thoroughly. If a customer cannot understand any particular term, condition, clause or rule – It is their responsibility to call (602) 753-5410 and ask for clarification from our legal department or an authorized designee thereof.
This is a legally-binding contract (“agreement”) and WILL BE ENFORCED, if necessary, to the fullest extent that the law permits. Vendor reserves all rights; whether any such rights are expressed or otherwise implied herein. The following are the complete list of terms and conditions that will govern all transactions by and between Vendor and Customer(s). This agreement need not be signed, acceptance to its terms is implied by placing an order or conducting any other commercial transaction with Vendor.
CHOICE OF LAW
It is hereby agreed that this agreement and all business with Vendor shall be governed by and construed in accordance with the internal laws of the State of Arizona without regard to conflicts of law principles thereof.
Further, all parties irrevocably consent to the exclusive jurisdiction and venue of the state courts located in the County of Maricopa, in the State of Arizona, and in the Federal Courts in connection with any action relating to this agreement.
Article 2 of the Uniform Commercial Code (“UCC”) governs contracts for sales of goods. Vendor’s primary business consists of the sale of goods. Therefore, the UCC shall be the law which defines all terms of sale by and between Vendor and Customer(s) limited to those areas not expressly described within this agreement.
Prices listed represent the latest information available at the time of purchase. Variable market conditions, quantity of product purchased & company discretion may necessitate selected price changes.
Any/all prices, whether supplied to customer by receipt of an actual purchase or by quotation from Vendor, or it's agents, are to be used for that customer’s business records or as a guide for that specific company/customer ONLY, and such information is NOT to be shared, published or displayed to or with any third-party.
PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE
Vendor reserves ALL rights, including but not limited to, the right to change any price, without notice, at its complete discretion.
Prices in effect at time of purchase will be applied. Please contact Vendor for large orders via email/purchase order for a custom (large-quantity) quotation. We cannot be held responsible for typographical errors.
Unless otherwise stated in writing, quotations are valid for not more than 30 calendar days.
Please feel free to advise us of any errors, omissions or mistakes by calling (602) 753-5410; such efforts are greatly appreciated and MAY be rewarded with a verbal notice of gratitude.
Unless otherwise noted, shipping expenses are the sole responsibility of the Customer. Shipping is calculated via live-data-feed between Vendor’s systems and the applicable shipping service providers. Vendor DOES NOT CHARGE ANY HANDLING FEES NOR ANY MARKUP. Customers can rest assured that the amount shown as shipping costs is the actual discounted rate we are charged.
Vendor maintains onsite inventory of all the products available through this web site at all times. Maintaining a full stock of products enables us to ship out orders on the same day, or at most, within 1 business day.
Most orders ship out via UPS, USPS or a third-party shipping service as may be deemed necessary such as a trucking service, local delivery, etc. The actual service may vary and remains at the sole discretion of Vendor.
If shipped via UPS; packages can be tracked (by visiting www.ups.com) using the UPS tracking number supplied to you via email from Vendor; or on your account information page. UPS tracking numbers are generated and automatically emailed to the customer at the point of shipping. THIS IS A SEPARATE EMAIL MESSAGE FROM YOUR ORIGINAL ORDER CONFIRMATION EMAIL. Please do not call in for this information as we are not permitted to provide tracking information over the phone.
Orders are generally shipped out (placed on UPS trucks) at or around 2:00PM every Monday - Friday that is not a national holiday and where weather permits; exceptions to this general rule are orders placed after our daily cut-off time; currently 1:00PM. Orders placed after 1:00PM , on a weekend or major holiday will be shipped out on the next business day.
For orders that are time sensitive & must be received by a specific date, please choose the appropriate shipping method when prompted during the checkout process; please consider the cut-off time, holidays, weekends and severe weather when choosing your shipping option.
Further, please consider that Vendor reserves the right to ship out orders through any shipping service and Vendor and is not limited to using the carrier that Customer may have chosen at check out. If Vendor needs to ship Customers’ order(s) through a different carrier, Vendor MAY send a notification email with a brief explanation.
Ownership of the all the products in any given order transfer from Vendor to Customer the moment a tracking number is generated. Damages are the responsibility of the carrier once the shipment is released from Vendor. All damage claims are to be made within one (1) business day of the specified date of delivery generated by the shipper. Vendor will rely solely on such information as it is available via the shipment tracking information. Damages reported after the allotted time of one (1) business day are invalid.
It is the Customer’s sole your responsibility to confirm having not received all of the items as indicated on the packing slip. Failure to report shipping discrepancies within five (5) calendar days prevents Vendor from accurately addressing or curing the issue. Variances reported after five (5) calendar days will not be credited nor will they be addressed, regardless of circumstances.
PAYMENT BY CREDIT CARD
Vendor accepts credit card payments from VISA, MasterCard, Discover and American Express. Although all Vendor online transactions are ABSOLUTELY secure and encrypted making them extremely safe, if you do not feel 100% comfortable transmitting your credit card number or other information over the internet, we ask that you please contact us directly to place your order with one of our sales representatives.
You may also email us a Purchase Order to Info@deltaswiss.com and we'll charge your card manually. In order to process an emailed PO, we will need the credit card number, the first and last name on the card, the expiration date and the correct billing & shipping address, telephone number, and 3 (or 4) digit security code for that particular card. For VISA & MasterCard, the security code is a 3-digit number located in the back of the card. The American Express security code is a 4-digit number located on the front of the card.
PAYMENT BY CHECK OR MONEY ORDER
Pre-payment with a company check or money order is always accepted. Just shop, complete your order and in the payment step of the check out process choose "pay w/ check" or "pay w/ money order" and fill out the check number and date.
Mail your check to our mailing address (located on the contact page) and be sure to put your order number on the memo. Once the check has cleared the bank we will ship the order. Please make checks payable to "Delta Swiss Technologies, Inc."
PLEASE NOTE: Paying with checks is a process that can take upwards of 5-7 business days between the time we received the check and the time that the order can be shipped out. Also, customers who’ve had a bad check in the past will NOT be permitted to use this payment method. There is a $65 surcharge for checks that come back as NSF or “Not Authorized.”
PAYMENT BY CASH
Yes, cash! Cash payments are for in-store pick up ONLY. Please do not mail cash; VENDOR WILL NOT BE RESPONSIBLE FOR SUCH ACTIONS. For the security and safety of both our associates and customers, we ask that cash payments be limited to $10,000 USD for any given order.
Also, please note that Vendor will file IRS form 8300 for orders with payments that qualify for such filings. This is a disclosure requirement set forth by the Internal Revenue Service which, in short, stipulates that cash transactions of $10,000 or more must be reported by the recipient of said cash.
PAYMENT BY COMPANY CREDIT (30 DAY TERMS)
To earn credit terms with our company, the requirements are as follows:
1) Customer must be a corporation that has been in business for not less than two (2) consecutive years;
2) Customer must have a very favorable Duns & Bradstreet credit rating;
3) Customer must fill out a credit application & be approved by our credit department;
4) Customer must be able to provide no less than five (3) current credit suppliers' contact information to verify credit history & business practices;
5) Customer must be able to provide their bank information.
6) A majority owner of the customer-corporation must fill out, sign and have notarized a personal guarantee - AKA “Promissory Note” which is a legally-enforceable document stipulating that should the customer-corporation default on any payment or term of its account with Vendor, the individual himself will be required to cure the default and will NOT be able to claim separate or limited liabilities between himself and his company (corporate veil defense) as a defense to any such default or subsequent legal action against him;
7) Said owner must fill out a separate personal credit application whereby our credit department will need to verify his own personal credit-worthiness; and,
8) Customer must have already been a customer of Vendor for a time of no less than twelve (12) months with an average monthly sales volume of not less than $5,000 USD which is to be calculated prior to sales tax and delivery charges.
WE RESERVE THE RIGHT TO DENY ANY APPLICATION WITHOUT CAUSE & WE FURTHER RESERVE THE RIGHT TO RETRACT ANY LINE OF CREDIT AT ANY TIME WITHOUT PRIOR NOTICE.
PAYMENT BY PAYPAL & GOOGLE WALLET
Vendor further offers Customers the option to checkout and pay for their orders using their PayPal account. PayPal enables individuals and businesses to securely send payments online.
You must have a PayPal account and have funds available in the account. If you do not have an account you can set one up in minutes and transfer money from your bank checking account into your PayPal account.
The only drawback to this type of payment is that if you are setting up a new account to make a purchase it can take 5-10 days for the money to be transferred from your bank to the PayPal account which can delay the ordering process.
However, once the PayPal account is set up and funded (or linked to your bank account) you can use the account to make a purchase by selecting the PayPal option at checkout.
Also, keep things easy and fast by using your Google Wallet (formally Google Checkout) account to purchase any of our items. If you do not have a Google Wallet account or would like more information on its benefits please visit: (http://www.google.com/wallet/)
SALES TAX POLICY
"Give unto Caesar what is Caesar’s!"
Tax-exempt customers (re-sellers) must submit a current and valid tax-exemption form to Vendor to be exempt from Arizona city/state sales tax (currently total 8.6%). There are two basic types of exemptions that we honor; non-profit organizations such as 501(c)(3) and re-seller licenses.
All of Vendor’s products are considered taxable items by the State of Arizona (8.6%) except for any shipping or delivery costs which are generally considered a service and are not taxed. Sales taxes will otherwise not be imposed upon any orders that are shipped to an address outside the State of Arizona.
RETURNS & EXCHAGE POLICY
If you are not COMPLETELY satisfied with one of our products, Vendor offers a 7 day right of return on most items subject to the terms and conditions identified below:
To return an item, please contact customer service at (602) 753-5410 or email Info@deltaswiss.com to obtain return authorization number (hereinafter “RMA” which is short for “Return Material Authorization”).
If our return department qualifies the return, they will issue an RMA number. Vendor needs to issue an RMA so that when the product is returned to Vendor, we can track what customer sent it and credit or replace the item accordingly.
EVERY RETURN REQUIRES AN RMA NUMBER. VENDOR WILL REJECT ANY PACKAGE MISSING THIS INFORMATION.
RMA numbers are valid for 30 days from the time they are generated by our return department. An RMA cannot be extended or re-issued and if it expires, a new claim for return or replacement must be filed. Expired RMA numbers are treated as though a returned item has no RMA number and will therefore be rejected in accord with these terms.
All returns except those of defective product are subject to a 25% restocking fee and additional charges such as those charged for handling or freight are refunded only in cases of defective products and are otherwise NON-REFUNDABLE.
Return freight must be shipped prepaid, and we recommend that you use a service that insures and tracks the package, as you are responsible for risk of loss on all returned packages. We also recommend that you make sure you pack the carton properly for return, as Vendor will not issue credit for product damaged en-route back to us due to poor shipping practices.
Returned products must be clean, undamaged, and include all manuals, accessories, documents, packaging and, of course, the actual product. The items must be in a resalable condition and free of any non-removable labels or writing on the product or product packaging, and the UPC/BAR code must be intact for you to receive credit or a refund.
All returned products must be accompanied with a copy of the original invoice; invoices can be found on customers’ account page or from the original email sent to customer at the time of purchase. ALL RETURNS REQUIRE A COPY OF THE ORIGINAL INVOICE.
Products that are received by us that do not meet these conditions will be subject to additional charges and/or will not be processed as returns, and a return department representative will attempt to contact you to determine the disposition of these goods prior to their disposal.
Vendor warrants all of its products to work and function as described in the product description, or as otherwise implied by the nature of the product, but not to the extent that the product is used for any purpose deemed to be unreasonably outside the scope of the ordinary use of said product; such scope of “reasonableness” shall be determined by the sole discretion, and slated in favor of, Vendor in any event that triggers this clause.
In the event that a product is defective or does not perform reasonably in its respective functions, Vendor reserves the right to attempt to cure the defect with a replacement product, of equal or comparable value, or by repairing the defective product. Replacement or repair are the first then second steps to curing a defective item that is no longer valid for a return or refund but remains within the time constraints of the warranty period.
In order for Vendor to address a claim for warranty, customer must provide the product name, description, part number and invoice number. Or, alternatively, should the customer not have access to the original invoice number such as may be the case in the event that a contractor or installer buys the product directly from Vendor and installs it on the claimant’s property, then the contractor or installer’s information, as used during the checkout process needs to be submitted as part of the warranty claim.
Unless otherwise stated in the product description, all products fall under one of the following warranty policies; where a product’s respective warranty policy is not expressly listed, it is assumed by default to fall under the most restrictive, in the light most favorable to Vendor, of the following policies:
1) FIVE YEAR ASSURANCE - This policy of product warranty grants for a full replacement, or reasonable repair, but in no event cash or credit refund, for a period of no less than five (5) years from the date of purchase; specifically, the date listed on the actual invoice.
2) LIMITED LIFETIME ASSURANCE - This policy of product warranty grants for a full replacement, or reasonable repair, but in no event cash or credit refund, for a period of no less than nine hundred & sixty nine (969) years from the date of purchase; specifically, the date listed on the actual invoice.
LIMITATION OF LIABILITY
IN NO EVENT WILL VENDOR BE LIABLE TO CUSTOMER, OR USER OF ANY VENDOR PRODUCT, FOR ANY LOST PROFITS, LOST SAVINGS OR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF SAID PERSON(S)' USE OR INABILITY TO USE ANY PRODUCT OR THE BREACH OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, BUT IT MIGHT, SO JUST BE CAREFUL. EVENTS THAT FALL WITHIN THE SCOPE OF THIS LIMITATION OF LIABILITY INCLUDE, BUT ARE NOT LIMITED TO, MISUSE, ACCIDENT, LIGHTNING, FLOOD, TORNADO, TSUNAMI, VOLCANIC ERUPTION, EARTHQUAKE, HURRICANES AND OTHER BIBLICALLY-SCALED CATASTROPHES THAT COULD ONLY BE DEFINED FOR THE PURPOSE OF LEGAL JARGON AS "ACTS OF GOD". FURTHER LIMITATIONS INCLUDE NEGLECT, DAMAGE FROM IMPROPER READING, INCORRECT LINE VOLTAGE, IMPROPER OR UNAUTHORIZED USE, MISINSTALLATION, MISSING OR ALTERED SERIAL NUMBERS, REMOVAL OF TAG, ELECTROMAGNETIC RADIATION FROM NUCLEAR BLASTS, SONIC BOOM, CRASH, SHIP SINKING OR TAKING ON WATER, MOTOR VEHICLE CRASHING, DROPPING THE ITEM, FALLING ROCKS, LEAKY ROOF, BROKEN GLASS, MUD SLIDES, FOREST FIRE, OR PROJECTILE (WHICH CAN INCLUDE, BUT NOT BE LIMITED TO, ARROWS, BULLETS, SHOT, BB’S, PAINTBALL, SHRAPNEL, LASERS, NAPALM, TORPEDOES, OR EMISSIONS OF X-RAYS, ALPHA, BETA AND GAMMA RAYS, KNIVES, STONES, ETC.).