Terms & Conditions
Terms & Conditions
WA Charnstrom (www.charnstrom.com) owns and operate
this Website. This document governs your relationship with www.charnstrom.com (“Website”). Access to and use
of this Website and the products and services available through this Website
(collectively, the "Services") are subject to the following terms,
conditions and notices (the "Terms of Service"). By using the
Services, you are agreeing to all of the Terms of Service, as may be updated by
us from time to time. You should check this page regularly to take notice of
any changes we may have made to the Terms of Service.
Access to this Website is permitted on a
temporary basis, and we reserve the right to withdraw or amend the Services
without notice. We will not be liable if for any reason this Website is
unavailable at any time or for any period. From time to time, we may restrict
access to some parts or all of this Website.
This Website may contain links to other
websites (the "Linked Sites"), which are not operated by WA
Charnstrom. www.charnstrom.com has no control over the Linked Sites and accepts
no responsibility for them or for any loss or damage that may arise from your
use of them. Your use of the Linked Sites will be subject to the terms of use
and service contained within each such site.
Privacy Policy
Our privacy policy can be found here
Prohibitions
You must not misuse this Website. You will not:
commit or encourage a criminal offense; transmit or distribute a virus, trojan,
worm, logic bomb or any other material which is malicious, technologically
harmful, in breach of confidence or in any way offensive or obscene; hack into
any aspect of the Service; corrupt data; cause annoyance to other users;
infringe upon the rights of any other person's proprietary rights; send any
unsolicited advertising or promotional material, commonly referred to as
"spam"; or attempt to affect the performance or functionality of any
computer facilities of or accessed through this Website. Breaching this
provision would constitute a criminal offense and www.charnstrom.com will
report any such breach to the relevant law enforcement authorities and disclose
your identity to them.
We will not be liable for any loss or damage
caused by a distributed denial-of-service attack, viruses or other
technologically harmful material that may infect your computer equipment,
computer programs, data or other proprietary material due to your use of this
Website or to your downloading of any material posted on it, or on any website linked
to it.
Intellectual Property, Software and Content
The intellectual property rights in all
software and content (including photographic images) made available to you on
or through this Website remains the property of www.charnstrom.com or its
licensors and are protected by copyright laws and treaties around the world.
All such rights are reserved by www.charnstrom.com and its licensors. You may
store, print and display the content supplied solely for your own personal use.
You are not permitted to publish, manipulate, distribute or otherwise
reproduce, in any format, any of the content or copies of the content supplied
to you or which appears on this Website nor may you use any such content in
connection with any business or commercial enterprise.
Terms of Sale
By placing an order, you are offering to
purchase a product on and subject to the following terms and conditions. All
orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to
availability and subject to any delays resulting from postal delays or force
majeure for which we will not be responsible.
In order to contract with www.charnstrom.com
you must be over 18 years of age and possess a valid credit or debit card
issued by a bank acceptable to us. www.charnstrom.com retains the right to
refuse any request made by you. If your order is accepted, we will inform you
by email and we will confirm the identity of the party which you have
contracted with. This will usually be www.charnstrom.com or may in some cases be a third party. Where a contract is made
with a third party www.charnstrom.com is not acting as either agent or principal and the contract is
made between yourself and that third party and will be subject to the terms of
sale which they supply you. When placing an order you undertake that all
details you provide to us are true and accurate, that you are an authorized
user of the credit or debit card used to place your order and that there are
sufficient funds to cover the cost of the goods. The cost of foreign products
and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an
acknowledgement e-mail confirming receipt of your order: this email will only
be an acknowledgement and will not constitute acceptance of your order. A
contract between us will not be formed until we send you confirmation by e-mail
that the goods which you ordered have been dispatched to you. Only those goods
listed in the confirmation e-mail sent at the time of dispatch will be included
in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details,
descriptions and prices which appear on this Website are accurate, errors may
occur. If we discover an error in the price of any goods which you have ordered
we will inform you of this as soon as possible and give you the option of
reconfirming your order at the correct price or cancelling it. If we are unable
to contact you we will treat the order as cancelled. If you cancel and you have
already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition;
such additional charges are clearly displayed where applicable and included in
the 'Total Cost'.
(c) Payment
Charnstrom accepts most major credit cards:
Visa, Master Card, and American Express. Net 30 day billing terms are available
upon credit approval. Upon receiving your order we carry out a standard
authorization check on your payment card to ensure there are sufficient funds
to fulfil the transaction. Your card will be debited on the day your
order is shipped. The monies received upon the debiting of your card
shall be treated as a deposit against the value of the goods you wish to
purchase. Once the goods have been despatched and you have been sent a
confirmation email the monies paid as a deposit shall be used as consideration
for the value of goods you have purchased as listed in the confirmation email.
Shipping Information:
Shipping Charges
Shipping
is calculated automatically at the end of the check out process. Shipping
charges are only for the lower 48 states. If shipping charges do not show a
customer service person will email you. Some products need to be calculated
manually for accuracy.
Inside delivery service / special handling?
Charnstrom can arrange an “inside delivery” with any of our carriers. Other
special handling services available: residential delivery, 24 hour notification
and lift gate service. There is an extra charge from the trucking companies for
any of these services.
Cancellation
and return policy
If a
customer cancels their order before the item is shipped, usually less than 48
hours, there is no fee. If the item has shipped the customer is responsible for
all shipping charges. Return policy is: The customer is responsible for a
25% restocking fee plus all shipping charges. The items must be returned in the
original shipping cartons and the customer is responsible for any damages
during the return. The customer must call for a return authorization number
before sending any product back. No returns after 30 days of receiving
goods.
Freight Damage
All orders are shipped FOB ORIGIN.
When receiving a shipment, check for damage and the correct number of cartons. If the cartons are visually damaged you have the right to refuse the shipments of UPS and FedEx or signing and notating the damage on the delivery receipt for truck shipments. After opening the cartons and you find damage contact us immediately. We are unable to replace damaged goods free of charge if the damage is not written on the delivery receipt. We are willing to assist you in every possible manner, even help file the freight claims, but this willingness on our part does not make us responsible for collection of claims or replacement of material. Claims for damage need to be reported and filed to the freight carrier within 5 days from the delivery date. Please contact us at customerservice@charnstrom.com .
Disclaimer of Liability
The material displayed on this Website is
provided without any guarantees, conditions or warranties as to its accuracy.
Unless expressly stated to the contrary to the fullest extent permitted by law www.charnstrom.com and its suppliers, content providers and advertisers hereby
expressly exclude all conditions, warranties and other terms which might
otherwise be implied by statute, common law or the law of equity and shall not
be liable for any damages whatsoever, including but without limitation to any
direct, indirect, special, consequential, punitive or incidental damages, or
damages for loss of use, profits, data or other intangibles, damage to goodwill
or reputation, or the cost of procurement of substitute goods and services,
arising out of or related to the use, inability to use, performance or failures
of this Website or the Linked Sites and any materials posted thereon,
irrespective of whether such damages were foreseeable or arise in contract,
tort, equity, restitution, by statute, at common law or otherwise. This does
not affect www.charnstrom.com's liability for death or personal injury arising from its
negligence, fraudulent misrepresentation, misrepresentation as to a fundamental
matter or any other liability which cannot be excluded or limited under
applicable law.
Linking to this Website
You may link to our home page, provided you do
so in a way that is fair and legal and does not damage our reputation or take
advantage of it, but you must not establish a link in such a way as to suggest
any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you. This
Website must not be framed on any other site, nor may you create a link to any
part of this Website other than the home page. We reserve the right to withdraw
linking permission without notice.
Disclaimer as to ownership of trade marks,
images of personalities and third party copyright
Except where expressly stated to the contrary
all persons (including their names and images), third party trade marks and
content, services and/or locations featured on this Website are in no way
associated, linked or affiliated with www.charnstrom.com and you should not rely on the existence of such a connection or
affiliation. Any trade marks/names featured on this Website are owned by the
respective trade mark owners. Where a trade mark or brand name is referred to
it is used solely to describe or identify the products and services and is in
no way an assertion that such products or services are endorsed by or connected
to www.charnstrom.com.
Indemnity
You agree to indemnify, defend and hold
harmless www.charnstrom.com, its directors, officers, employees, consultants, agents, and
affiliates, from any and all third party claims, liability, damages and/or
costs (including, but not limited to, legal fees) arising from your use this
Website or your breach of the Terms of Service.
Variation
www.charnstrom.com shall have the right in its absolute discretion at any time and
without notice to amend, remove or vary the Services and/or any page of this
Website.
Invalidity
If any part of the Terms of Service is
unenforceable (including any provision in which we exclude our liability to
you) the enforceability of any other part of the Terms of Service will not be
affected all other clauses remaining in full force and effect. So far as
possible where any clause/sub-clause or part of a clause/sub-clause can be
severed to render the remaining part valid, the clause shall be interpreted
accordingly. Alternatively, you agree that the clause shall be rectified and
interpreted in such a way that closely resembles the original meaning of the
clause /sub-clause as is permitted by law.
Complaints
Please contact customerservice@charnstrom.com with any complaints
Waiver
If you breach these conditions and we take no
action, we will still be entitled to use our rights and remedies in any other
situation where you breach these conditions.
Entire Agreement
The above Terms of Service constitute the
entire agreement of the parties and supersede any and all preceding and
contemporaneous agreements between you and www.charnstrom.com. Any waiver of any provision of the Terms of Service will be
effective only if in writing and signed by a Director of www.charnstrom.com