Terms of Use

Untitled Document

WEB SITE TERMS AND CONDITIONS OF USE

SHOPFACTORYDIRECT ENCOURAGES YOU TO READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU WILL HAVE AGREED TO THE TERMS AND CONDITIONS SET FORTH BELOW IN THEIR ENTIRETY, WHICH WILL GOVERN ANY PURCHASES YOU MAKE.

Using this website subjects the user (you) to all terms and conditions set forth below, together with all otherwise applicable laws and regulations. Before being permitted to complete a purchase using ShopFactoryDirect.com, you will be required to check a box acknowledging that you have reviewed and agreed to these terms and conditions. ShopFactoryDirect.com reserves the sole and unilateral discretion to augment, update and/or otherwise modify these terms and conditions at any time without prior notice. If you do not agree to abide by the terms and conditions set forth below, do not use this website.

To email our Customer Relations department please visit our Contact Us page.

Terms and Conditions

I. COPYRIGHT NOTICE.

This website and its content, including but not limited to the text and images used herein and their arrangement, belong to ShopFactoryDirect Inc. and are subject to all applicable copyright protections.

II. TRADEMARKS NOTICE.

ShopFactoryDirect.com, SHOPFACTORYDIRECT INC. and all other names, businesses, and products referenced on this website in connection therewith are trademarks or registered trademarks. The name ShopFactoryDirect.com as used herein refers to ShopFactoryDirect Inc. and every related entity collectively. All other products and company names referenced herein, if any, may be the trademarks of their respective owners. ShopFactoryDirect Inc. does not authorize the use of any trade name, trademark, registered trademark, logo, or any copyrighted material referenced herein for any purpose whatsoever, including non-commercial applications.

III. RESTRICTIONS ON USE.

No user of the ShopFactoryDirect.com website is authorized to use in any way whatsoever any material, information, text and/or graphic contained on this website. Nor does ShopFactoryDirect.com authorize the user to hyperlink other websites to this website and/or to use materials belonging to ShopFactoryDirect.com on the user's website in any way whatsoever without receiving its prior written permission. ShopFactoryDirect.com reserves all rights not expressly granted to the user in these Terms and Conditions.

IV. THIRD PARTY WEBSITES.

ShopFactoryDirect may include on this website links and/or pointers to other websites maintained by third parties ("third-party websites"). It may also include other materials produced and/or maintained by third parties. Any such link and/or pointer to a third-party website, and/or any other third-party materials have been included exclusively for your convenience and should not be construed as permission to use third-party websites or materials in any way not explicitly permitted by the third-party. ShopFactoryDirect.com does not operate or control in any manner whatsoever any information, product and/or service available on any such third-party website and is not responsible for their content. ShopFactoryDirect.com makes no representations whatsoever concerning the content of any third-party website. The fact that ShopFactoryDirect.com has provided a link and/or pointer to any such website does not constitute an endorsement, authorization, sponsorship, and/or affiliation by ShopFactoryDirect.com with respect to such websites, its services, the products displayed, its owners, and/or its providers. Any user who chooses to access a third-party website and/or other third-party material does so exclusively at their own risk.

V. DISCLAIMER.

Using the internet carries certain risks. ShopFactoryDirect strongly cautions you to make sure that you understand those risks before using any information, software, and/or products found on the internet or before retrieving, using, relying upon, and/or purchasing anything through the internet. Visitors to this website assume all responsibilities and risks inherent in internet usage. Information published on this website is provided without charge as a convenience to users and should be used for informational purposes only.

NOTHING ON THIS WEBSITE CONSTITUTES A RECOMMENDATION OR ENDORSEMENT OF ANY ITEM, PRODUCT OR BRAND. ALTHOUGH SHOPFACTORYDIRECT INC. HAS TAKEN REASONABLE CARE WITH REGARD TO THIS WEBSITE'S CONTENT, SHOPFACTORYDIRECT INC. DOES NOT WARRANT OR REPRESENT THAT THIS WEBSITE'S CONTENT IS ACCURATE, COMPLETE, OR CURRENT IN EVERY RESPECT, NOR DOES IT WARRANT OR REPRESENT THAT ACCESS TO AND USE OF THIS WEBSITE OR THE ASSOCIATED SERVER WILL BE UNINTERRUPTED, ERROR-FREE, VIRUSFREE, AND/OR WILL NOT CONTAIN OTHER POTENTIALLY HARMFUL COMPONENTS. THE CONTENT OF THIS WEBSITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS FOR WHICH SHOPFACTORYDIRECT INC. ASSUMES NO RESPONSIBILITY. ALL OF THE MATERIALS PROVIDED HEREIN, INCLUDING ALL OF THE MATERIALS AVAILABLE ON THIRD-PARTY WEBSITES, ARE PROVIDED SHOPFACTORYDIRECT.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SHOPFACTORYDIRECT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

VI. LIMITATIONS OF LIABILITY.

The user expressly agrees to the following limitations on ShopFactoryDirect.com's legal liability. ShopFactoryDirect.com is not responsible for any infections, contaminations, delay in operation or transmission, line failure, errors, omissions, interruptions, and/or defects arising out of your use of this website or with respect to the material provided and/or contained on this website. Under no circumstances will ShopFactoryDirect be liable for any special, direct, indirect, incidental, and/or consequential damages, or any other damages of any kind, resulting from whatever cause, including but not limited to loss of use, loss profits, or loss of data, whether in an action under theories of contract, negligence, strict liability, or otherwise, arising out of or in any way in connection with the use of or inability to use the information or materials on, or accessed through, the ShopFactoryDirect.com website. Notwithstanding the above, in no event shall ShopFactoryDirect.com's total liability to you for any and all claims, damages, losses, and causes of action exceed the amounts paid to ShopFactoryDirect.com by you in connection with the purchase transaction claimed by you to give rise to your claim.

VII. COMMUNICATIONS AND SUBMISSIONS.

All personal data you transmit to ShopFactoryDirect.com in connection with placing an order, logging-in and/or establishing an on-line account (e.g., your name, e-mail address, mailing address, telephone number and payment information) shall be treated as confidential information. Any other communication or materials you submit to ShopFactoryDirect.com or this website will be treated as non-confidential and nonproprietary. Any submissions made to public areas of the website are not subject to this Privacy Policy regardless of content.

You may post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable or injurious to third-parties and does not consist of or contain software, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise act in a way tending to mislead concerning origin and/or content. ShopFactoryDirect.com hereby reserves the right, but does not assume any obligation, to remove or edit content for any reason at its sole discretion.

By transmitting or posting any non-confidential information to ShopFactoryDirect.com or this website you grant ShopFactoryDirect.com a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use such information for any purpose, including, but not limited to, its reproduction, modification, adaptation, publication, translation, use in derivative works, distribution, and display throughout the world in any media. You also grant ShopFactoryDirect.com and sublicensees the right, at their sole discretion but without any obligation to do so, to use the name you submit in connection with such content. You further agree that the license granted herein includes the right to use or authorize use of any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products or services incorporating such information. You represent and warrant that: (1) you own and/or otherwise control all rights to the content of your submissions; (2) the content is accurate; (3) use of the content you supply does not violate any terms of this User Agreement and will not cause injury to any person or entity; and (4) you will indemnify ShopFactoryDirect.com against any claim(s) resulting from content you supply. You agree that neither ShopFactoryDirect.com nor its licensees will be liable to you for any use of any information you submit. ShopFactoryDirect.com has the right, but not the obligation, to monitor and edit or remove any content.

You acknowledge and agree that you are solely responsible for any information you submit to ShopFactoryDirect.com or this website and further agree that you, not ShopFactoryDirect.com, have full responsibility for the content of any such submissions, including their legality, reliability and appropriateness.

VIII. JURISDICTION, CHOICE-OF-LAW, and ARBITRATION

ShopFactoryDirect Inc. operates this website from offices located in Orlando, Florida in the United States of America. Therefore, these Terms of Use will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Orange County, Florida, and by using this site to purchase goods and or services, you consent to the jurisdiction of such courts.

RESOLUTION OF DISPUTES

Any dispute between consumers and ShopFactoryDirect Inc, will be governed by the laws of the State of Florida, without regard to its conflict of law provisions. Our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, any disputes, claimS or controversy at law or equity that shall arise as a result of purchases of goods and or services from ShopFactoryDirect Inc will be resolved in accordance with this Agreement by one of the subsections below unless otherwise agreed in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by calling us at 1-800-269-2216. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

LAW AND FORUM FOR DISPUTES

This Agreement shall be governed in all respects by the laws of the State of Florida as they apply to agreements entered into and to be performed entirely within Florida between Florida residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against ShopFactoryDirect Inc must be resolved by a court located in Orange County, Florida, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Orange County, Florida for the purpose of litigating all such claims or disputes.

ARBITRATION OPTION

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

IMPROPERLY FILED CLAIMS

All claims you bring against ShopFactoryDirect Inc must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, ShopFactoryDirect Inc may recover attorneys' fees and costs up to $1000, provided that ShopFactoryDirect Inc has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Furthermore, any dispute relative to the SHOPFACTORYDIRECT.COM Site or use or inability to use our Site will be also be governed by the laws of the State of Florida, without regard to its conflict of law provisions. Any dispute relating in any way to your visit to or participation on the SHOPFACTORYDIRECT INC. Site shall be submitted to confidential arbitration in Orange County, Florida, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms and Conditions shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.

IX. INQUIRIES.

If you have any questions regarding any portion of this Agreement, or if you wish to inquire regarding the rights and responsibilities of use not explicitly addressed herein, please direct questions via email to our Webmaster.

By purchasing any product on-line through ShopFactoryDirect.com, you (the purchaser) agree that any and all disputes that arise between you and SHOPFACTORYDIRECT INC. shall be resolve through binding arbitration at a facility of the American Arbitration Association ("AAA") located in Orlando, Florida. The word "product" as used in this provision means any physical goods, warranty product, service, and/or other item of any description whatsoever. Any such arbitration proceeding shall be commenced and conducted according to AAA's rules governing Expedited Procedures in Commercial Disputes. You further agree that any claim against SHOPFACTORYDIRECT INC. must be asserted by you in your individual capacity and may not be combined in any way with any other claim asserted by any other person, whether through a class action procedure or otherwise, regardless of the nature of the claim and/or the amount in controversy.

X. TERMINATION.

ShopFactoryDirect Inc. or you may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from this website. ShopFactoryDirect Inc. may terminate this Agreement immediately without notice if, in its sole judgment, you breach any term or condition. Upon termination, you must destroy all materials obtained from this website.

XI. INTEGRATION.

This agreement constitutes the entire Agreement between you and ShopFactoryDirect Inc. and supersedes any prior oral or written arguments, understandings, or other communications between parties. This Agreement may not be modified except in writing signed by both you and an authorized signatory of ShopFactoryDirect Inc.

XII. INTERNATIONAL TRANSACTIONS.

Some manufacturers may restrict ShopFactoryDirect Inc. from selling certain of the products they produce to buyers located outside the United States.

XIII. OTHER.

The headings in this agreement are for reference purposes only and have no legal effect. If any portion of this agreement is void or unenforceable in whole or in part, the remaining provisions of this agreement shall remain in effect.

If your order is shipped to a location inside Florida, governing law requires ShopFactoryDirect Inc. to collect local sales tax. ShopFactoryDirect will calculate appropriate sales tax against your order total, including shipping costs, and add that figure to your invoice.

At this time, ShopFactoryDirect Inc. does not collect sales tax on orders shipped outside the State of Florida. Until such time as laws governing sales and use tax for internet transactions may change, it is the sole responsibility of the customer to calculate and remit any applicable sales tax and/or other amounts due to any other jurisdiction in connection with any purchase transaction conducted through ShopFactoryDirect.com.

ONLINE RETURN POLICY

If you are not satisfied with your purchase, you may return it for a refund (excluding shipping and handling charges) within 30 days, subject to manufacturer approval. There are exceptions on certain items that may not be returned which will be acknowledged on ShopFactoryDirect Inc. and include, but are not limited to ABUSED PRODUCT, all special orders, any product missing the serial number or UPC bar code on the box, gift certificates, and delivery and installation. Please read all of the conditions listed below in order to receive full credit for your returned items. If these conditions are not met ShopFactoryDirect Inc. reserves the right to refuse the return. All returns are subject to a 15% restocking fee, which will be deducted from any refund. Please keep your purchase including accessories, remote controls, manuals, warranty cards (not filled out) and all packing materials in new, unused condition to avoid any denial of return. Notwithstanding any discounted shipping with your purchase, you hereby acknowledge that all returns are subject to round trip shipping charges (original shipping charge and the return shipping), which will be deducted from any refund. Returns are only accepted in their original packaging and in the exact same condition as received. Once an item has been removed from its original packaging and assembled it is no longer eligible for return or refund. ShopFactoryDirect Inc. is not responsible for color variations or measurements that are slightly off (three inches or less). All returns will be subject to our return policy and all applicable fees. Note: If your item was defective or damaged, see our the Damage Policy for instructions located at here: http://www.shopfactorydirect.com/damagepolicy.html

Return Rules :

1. Within 30 days of delivery you must send a request to service@shopfactorydirect.com for the Return Merchandise Authorization ("RMA") to begin the return procedures.
These procedures must be followed for you to receive the proper full credit.

2. All items must be carefully packed in their original packaging.

3. Please do not tape or write anything on the item or the original manufacturer's carton.

4. All returned items must be packed in an outer shipping carton to ensure safe transit. Any un-cartoned or assembled items are not eligible for return.

5. Please attach the return form to your merchandise, with the Return Merchandise Authorization number (RMA#) clearly noted on the form.

Refund Policy

Once all returned items are received in good condition (remember all returns must have an RMA return authorization) we will process a credit to the account that was used to make the purchase.

Charge-Backs and Attorney's fees:

You hereby agree all returns are subject to the Online Return Policy in the Terms and Conditions. You further agree not to circumvent these Terms and Conditions by independently disputing charges with your credit card company or bank, and acknowledge that all sales are final with the exception of the Online Return Policy. Finally, in any transaction in which you request a charge-back or otherwise dispute a transaction with your credit card company or bank, you agree to pay the attorney's fees of SHOPFACTORYDIRECT INC. in any action to enforce the Terms and Conditions contained herein.

ORDER ACCEPTANCE

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. ShopFactoryDirect Inc. reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of any order. Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered, and ShopFactoryDirect Inc. reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted).

ShopFactoryDirect is committed to providing outstanding customer service. Our friendly and knowledgeable staff is available Monday through Friday from 10:00am to 7:00pm EST excluding holidays to assist you with any questions or concerns you may have. We can be reached toll free by calling 800-269-2216. We greatly appreciate the opportunity to serve you.


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