This Terms of Sale Agreement (this “Agreement”) constitutes a binding legal contract between you and Duralite Soccer Goals Corp (“Duralite”), the owner and operator of the Soccergoals.net website (the “Site”). By ordering any product or service via the Site, you signify your acceptance of this Agreement, as it may be amended or supplemented from time to time. Changes to this Agreement will be effective when posted.
This Agreement is intended to supplement the Website Terms of Use. Click here to view our Terms of Use. Duralite takes the issue of privacy on the Internet very seriously. To view Your Privacy Rights, click here.
Orders; Sales Tax
You may place your order on our Site at any time (subject to any planned or unplanned periodic downtime) notice. If items are purchased from the Site that are subject to sales tax, Duralite will make customers aware of the tax amount due at the point of purchase.
Product Description; Refunds and Exchange Policy
We attempt to describe the items offered on the Site as accurately as possible; however, we do not warrant that the descriptions or other content on the Site are accurate, complete, reliable, current or error-free. Should you desire to return items, refunds will be accepted within thirty (30) days of the date the item(s) were shipped. Refunds do not include shipping and handling costs, and return shipping fees are the responsibility of the purchaser. If product includes free shipping a 10% shipping return fee will be included. All returns will include a 15% repackaging fee. A replacement fee for returned items that have been damaged may apply. After thirty (30) days from item(s) shipment date, all sales will become final and neither refunds nor exchanges will be accepted.
Display
We have made every effort to display the items featured on this Site as accurately as possible. Please note, however, that the colors we use, as well as the display and color capabilities of your particular computer monitor, will greatly affect the colors actually seen on the screen. The Site cannot be responsible for the limitations of your monitor’s display of any color or detail. For optimal viewing, we recommend setting your monitor to 1024 x 768.
Payments and Disputed Payments
Duralite does not accept checks, drafts, or money orders for orders submitted through the Site. We accept major credit cards. You will bear all costs associated with a disputed credit card charge which results in action from Duralite’ merchant account provider, otherwise known as “chargebacks”. Upon placing an order, we will email you with payment confirmation before finalizing the order.
Pricing; Shipping; Pricing Errors; Other Errors
Prices offered on the Site are quoted in U.S. Dollars. Such prices do not include shipping and handling, expedited service, or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for any shipping and handling charges and state and local sales or use taxes that may apply to your order.
If the amount you pay for an item is obviously incorrect, regardless of whether it is an error in a price posted on this Site or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid. This policy will apply regardless of how the error occurred.
Safe Shopping & Security
Please click here to view Your Privacy Rights which describes our security procedures.
Under the Fair Credit Billing Act, your bank cannot hold you liable for more than $50 of fraudulent charges on your credit card. If your bank does hold you liable for up to $50 for purchases made fraudulently at the Site, Duralite will reimburse you the full amount charged by your bank, but only if the unauthorized use of your credit card resulted through no fault of your own for purchases made at the Site. Check with your bank for more information about its policies regarding fraudulent charges. In the event of unauthorized use of your credit card, you may have to notify your bank or credit card provider or otherwise fulfill certain conditions of your agreement with them.
Order Status
Once you place an order, Duralite will send you a personalized email within one business day and provide you with an order confirmation number. When your order is shipped, Duralite will send you a shipment confirmation email with the shipping carrier tracking number, if available.
In addition, you can review the status of these order numbers by emailing or calling Duralite at (626) 321-1224. If a carrier tracking number is available, you can click on the carrier tracking number to view the detailed delivery status of your order. By placing an order with Duralite, you consent to receive email from Duralite regarding your order. You can always contact us at (626) 321-1224 if you have any questions concerning your order.
Disclaimer of Warranties
YOU HEREBY WAIVE ALL OTHER REMEDIES, WARRANTIES, GUARANTEES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WHETHER OR NOT OCCASIONED BY THE NEGLIGENCE OF DURALITE. YOU ACKNOWLEDGE BY YOUR USE OF DURALITE’S PRODUCTS THAT YOUR USE OF THE PRODUCTS AND ANY RELIANCE UPON THEM IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH DURALITE’ PRODUCTS. DURALITE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THE WARRANTIES SET FORTH HEREIN GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IF AN ITEM HAS BEEN PURCHASED FOR CONSUMER USE AS DEFINED BY 15 U.S.C. § 2301, ANY IMPLIED WARRANTY OR WARRANTIES SHALL EXPIRE ON EXPIRATION OF ANY EXPRESS WARRANTY.
Waiver and Limitation of Liability
DURALITE HAS PRICED ITS PRODUCTS UPON THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT DURALITE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCT AND/OR ITS USE, EXCEPT CONSEQUENTIAL DAMAGES FOR ANY INJURY TO A PERSON IN THE CASE OF PRODUCTS PURCHASED FOR CONSUMER USE AS DEFINED BY 15 US C. § 2301.
Follow all instructions and heed all warnings accompanying any products associated with the Site. Some products, including those with small pieces, may not be suitable for children and should be kept out of the reach of children. All tools used for construction of products must be used carefully and with adult supervision.
YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST DURALITE ARISING OUT OF YOUR PURCHASE OR USE OF PRODUCTS ORDERED VIA THE SITE.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS DURALITE FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF ANY ITEMS PURCHASED VIA THE SITE.
Governing Law and Venue
This Agreement, the entire relationship between you and Duralite, and any litigation or other legal proceeding between you and Duralite (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its choice of law rules. This contract is fully performable in Los Angeles County, California.
Effective Date: 7/11
