SALES AND REFUND POLICIES – NOVEMBER, 21, 2014, Amended MARCH 26, 2015, Amended MAY, 3 2015, Amended June 29, 2016
PLEASE READ THESE SALES, RETURNS AND REFUND POLICIES CAREFULLY. BY ACCESSING OR USING PHOTONBUZZ.COM (“SITE”), MOBILE APPLICATIONS OR ONLINE SERVICES TO MAKE PURCHASES, YOU AGREE TO BE BOUND BY THESE TERMS OF THESE POLICIES IN ADDITION TO THE OTHER STANDARD TERMS OF SERVICE AND USE POLICIES AND OTHERS.
TABLE OF CONTENTS FOR SALES, RETURNS AND REFUND POLICIES FOR SITE USERS AND THOSE MAKING PURCHASES FROM THE SITE.
1. Product Pricing and Availability
3. Refunds for Pricing and Price Reductions/Corrections
4. Out-of-Stock Items, Backorders
5. Agreement to Conduct Transactions Electronically; Recording; Copies
6. Order Acceptance/Confirmations
7. Order Cancellations
8. Shipping & Handling; No Export by You
9. Suspected or Actual Damage from Shipping
10. Payment; Credit for Refunds
11. Gift Cards
12. Consumer Sales Only
13. U.S. Sales, U.S Territory Sales, International Sales.
14. Returns and Exchanges
15. Complaints and Legal Notices
16. Limited Warranty
17. Exclusivity of Remedy; Limitation of Liability
1. PRODUCT PRICING AND AVAILABILITY
All prices listed on PhotonBuzz.com are shown in U.S. dollars (except where otherwise noted; taxes, shipping and handling charges are additional). All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in local, state or other jurisdictional tax rates.
We attempt to be as accurate as possible and eliminate errors on the Site; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged to you. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
3. REFUNDS FOR PRICING AND PRICE REDUCTIONS/CORRECTIONS
With regards to pricing, PhotonBuzz.com reserves the right to change prices for products on its Site at any time with or without notice and to correct pricing errors that may inadvertently occur.
Should PhotonBuzz.com reduce its price on any PhotonBuzz.com branded product within 14 calendar days from the date you receive your product, feel free to contact the PhotonBuzz Customer Service Team at 1-888-684-1123 or via e-mail at: email@example.com to request a refund or credit of the difference between the price you were charged and the current selling price. To receive the refund or credit you must contact PhotonBuzz.com within 14 calendar days of the price change. Please note that this excludes limited-time price reductions, such as those that occur during special sales events (such as Black Friday, Cyber Monday). Additionally, we may require that you have proof of possession when requesting price protection. This policy is not applicable to price changes or corrections of other non-PhotonBuzz.com branded products, which may be completely out of our control.
4. OUT-OF-STOCK ITEMS; BACKORDERS
If the product, color or size you want is not listed on the Site or in the variant drop down "Choose Your Color/Size" drop-down box on the Product Information page, it is not then available for ordering. We have many different manufacturers and suppliers and will restock products on a regular basis. Please check back later. Sometimes we will not know in advance that product is unavailable. When you place an item(s) in your Shopping Cart, you will be contacted directly and asked if you would like to proceed with the backorder purchase. If you indicate yes, the item will be sent to you once it becomes available from our supplier or the manufacturer.
Note that some items may be on backorder or unavailable even if the Site indicate that they are in-stock. Adding an item to your cart does not guarantee the availability of that item. But keep in mind, we will not charge your payment card until the item is available and ships to the designated delivery address. It is possible that a backordered item is no longer available or discontinued completely. If this is the case, we will cancel the item from your order and notify you, usually via e-mail. If you have items on backorder that you would like to cancel, please contact the PhotonBuzz customer service number (1-888-684-1123) or via e-mail at: firstname.lastname@example.org.
5. AGREEMENT TO CONDUCT TRANSACTIONS ELECTRONICALLY; RECORDING; COPIES
You agree that all of your transactions with or through the Site may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms and/or other PhotonBuzz.com Policies unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.
6. ORDER ACCEPTANCE/CONFIRMATIONS
Once we receive your order electronically, we will provide you with an email order confirmation that outlines the selection in your shopping cart. Your receipt of an order confirmation, however, does not signify PhotonBuzz.com’s acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. PhotonBuzz.com reserves the right at any time after receiving your order to review, accept or decline your order for any reason. If PhotonBuzz.com cancels an order after you have already been billed, you will receive a confirmation e-mail and PhotonBuzz.com will refund the billed amount.
7. ORDER CANCELLATIONS
We are doing all that we can to informed about the items you purchase, and once you press “purchase” in the cart and complete the checkout, there are electronic processes that immediately go into motion. These actions are sometimes completed in seconds. This reality can make canceling an order difficult, but still may be possible. You can cancel your purchase before it has been shipped or prior to production, if being made to order, by contacting our Customer Service Team at 1-888-684-1123 or via e-mail at: email@example.com. Please provide your name, address, the product name or model number, color, your purchase confirmation number and any other details about the item ordered you wish to cancel. If the product has not been shipped and the order is likely able to be cancelled. If so, you will receive confirmation regarding the cancellation. If the product is shipped you must accept it upon delivery and go through the return procedures. If you refuse delivery after shipping, please keep in mind that your purchase shall be subject to the policies and timing deadlines of the PhotonBuzz Return Policy and the return procedures (See Return Policies and Procedures for more information).
8. SHIPPING & HANDLING; SHIPPING RATES; NO EXPORT BY YOU
When we ship to you, you agree to pay the shipping and handling charges shown on the Site when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, and you agree to check all charges before placing an order or signing up for a service, if applicable. Any shipping specials are subject to change at our discretion without notice.
Generally, shipping by our distributors is by standard ground delivery. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Working with our suppliers and distributors, we use only the most reputable shipping services (e.g. UPS, DHL, FedEx, and USPS). We do not ship to P.O. boxes or international addresses. We do ship to international customers that are registered users with any of our international shipping and packaging partners that are identified on our website. We are happy to ship to APO/FPO addresses (Shipping time for APO/FPO is between 20 to 45 days).
We are always attempting to process orders as quickly as possible so that you can begin enjoying the product you purchased (this is how we would want it), which means the shipping process starts on the same day or within a 12 to 54 hours from confirmation of the order (e.g. late Friday order shipped on Monday). We cannot control the order processing by some of our suppliers, which means that orders taken after 2PM on Friday or during the weekend may be delayed until the beginning of the business work week.
We ship products from multiple locations, including our warehouse, our manufacturers and our distributors, which may result in products arriving from multiple locations and/or different dates and times. Shipping methods and rates may also vary by product. Also, if an item is backordered we will ship the product out when we receive it. For multiple items (with one being backordered) we will send part of the order to you and ship the remaining order when we receive it unless requested otherwise by you. Special orders to our suppliers may take additional time and we will call or e-mail you with estimated delivery times, if applicable.
Since the actual delivery and arrival of your order can be impacted by many events beyond PhotonBuzz.com’s control once it leaves our fulfillment services locations, PhotonBuzz.com cannot guarantee delivery times or be held liable for late deliveries in any way. We put our faith and trust in our shipping providers, but just can’t guarantee their work performance. We will, however, work with you to ensure a smooth delivery and provide you with tracking information that may be available for you to monitor the delivery progress of your product. Any shipping times shown on the Site are estimates only – actual delivery dates may vary for the reasons described above.
WE CURRENTLY OFFER FLAT RATE SHIPPING ON ALL ORDERS SHIPPING TO THE LOWER 48 States, Alaska, Hawaii, and shipments for international customers when they use our international shipment packing and consolidation services (e.g. MyUS.com, Stackry.com) (i.e., the lower 48 contiguous states and the District of Columbia). Unfortunately, we currently are not able to provide our standard or discounted (i) Flat Rate Shipping or (ii) Free Shipping to orders in Alaska, Hawaii. These shipments will pay a slightly larger flat rate to account for additional delivery costs.
PhotonBuzz does not directly ship any international order directly any U.S. territory or international country of origin. All U.S. Territory customers and international customers must utilize the international shipping and consolidation service listed above or other legitimate and verifiable international shipping service. To successfully complete the ordering process, all international customers must use the U.S. mailing address assigned to them by the international shipping service.
RATES: U.S.A. Orders from (1) all U.S. customers and (2) all international customers's using package consolidation international shipping services (e.g. MyUS.com, Stackry.com) are as follows:
Free shipping: Orders of $100.00 or more.
Standard shipping (5 - 10 business days): $7.99
Premium shipping (2 - 5 business days): $15.99
U.S. orders to Alaska or Hawaii only - (5 - 20 business days): $25.99
If your order qualifies for free or promotional discounted shipping, your product will be shipped to you via a shipping provider we select at our sole discretion.
Product Export Notice – Regarding exporting, you agree that you will not obtain or direct shipment of product for export.
9. SUSPECTED OR ACTUAL DAMAGE FROM SHIPPING
We work with distributors and shipping companies that have learned to package our products to withstand damage during shipping. If something arrives from us that looks damaged, or if parts are missing, please notify us right away. We will work to help you get needed replacements as quickly as possible at no extra charge.
Write "Package Damaged" when you sign for delivery even if it appears only slightly damaged. If the package appears significantly damaged, you may refuse delivery from the carrier. Once we receive that damaged packaged is sent back, our distributor will contact us and will send a new one. Please notify us if you refuse delivery, so we can anticipate that return and work directly with our distributor.
If you accepted a package and then discover parts are missing or damaged, do not discard the packaging. Please contact us right away and follow the Return Policies Procedures to get your product replaced. Most carriers only let us or our partners file freight claims within 48 hours of delivery, so do not delay. If we cannot replace the part or item, we can have the carrier pick up the item and we will send a replacement once we have it back. Again, all returned products should be in the original packaging.
If you decide you do not want parts or a replacement unit, the product can be returned under our Return Policies and Procedures.
10. PAYMENT; CREDIT FOR REFUNDS
Only valid credit cards or other payment methods acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Site) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Regarding "Your Account," you agree to keep all payment cards or other payment method information current and that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.
11. GIFT CARDS PURCHASES
PhotonBuzz.com Gift Cards are issued and managed on the PhotonBuzz.com store site and can be applied only to purchases from the PhontonBuzz.com store and may not be redeemed for cash (except as required by law), or for cash (except as required by law) at other resellers, or for shipments outside the U.S. Neither the person purchasing and issuing a gift card or 2Rego LLC and/or PhotonBuzz.com is responsible for any lost or stolen gift cards or code or use without your permission. Keep this information protected or the card close; they’re valuable and can be redeemed by whoever finds them.
Additional payment will be required if the purchase price of your new product from PhotonBuzz.com exceeds the value of the Gift Card. Seems obvious, but we wanted to be sure you knew. Gift Cards are also not for resale. Void where prohibited or restricted by law. Gift Card terms and conditions are subject to change without notice. Use of a Gift Card is governed by the laws of the Commonwealth of Pennsylvania.
12. CONSUMER SALES ONLY
PhotonBuzz.com sells products and ships products to end-user customers only. You may not purchase products at PhotonBuzz.com for resale, and we reserve the right to refuse or cancel your order if we suspect you are doing so.
13. U.S. SALES, US TERRITORIES SALES AND INTERNATIONAL SALES
PhotonBuzz.com accepts orders from anywhere. Currently we accept orders through the Site and direct ship to U.S. addresses only within the United States lower 48 states, Alaska, and Hawaii.
International customers are able to purchase from PhotonBuzz.com. We also have expanded our footprint to accept product orders from customers in all U.S. territories and over 200 international locations. Orders from customers from any U.S. territory or international country location are coordinated through international shipping and package consolidation services. These services create for our international customers a U.S. mailing address that will accept and consolidate purchases prior to international shipment. Before making a purchase, customers from U.S. territories or any international location must create an account (free) to establish a U.S. mailing address.
During the ordering process, international customers may select U.S. mailing rates on the Site for PhotonBuzz.com to use to ship their purchase to there assigned US mailing address at the international package consolidation service. After this initial delivery from PhotonBuzz to an international customer's U.S. mailing address is fulfilled, these customers will work directly with and pay for all other international shipping costs and selected services fully and completely independent from PhotonBuzz.com. Costs and services will vary based on each customer's desires and/or location among US territories, or their international address. It will be the international packaging and shipping service that will ultimately fulfill the delivery of the product.
U.S. territories included as international customers include: American Samoa, Guam, Marshall Islands, Micronesia (Federated States Of), Northern Mariana Islands, Palau, Puerto Rico, US Virgin Islands. All other locations outside of the lower 48 U.S. States, Alaska and Hawaii are defined as international locations and require shipping services.
Please keep in mind that some of the products sold by PhotonBuzz.com may be subject to U.S. and foreign export control laws and regulations and must be purchased, sold, exported, re-exported, transferred, and used in compliance with such export laws and regulations. Our international shipping partners are experts and we rely on them to assist us and you, our customers, to meet all of the proper rules and regulation for international shipping. Please check with your service provider prior to any purchase from PhotonBuzz.com or other U.S. based retail website.
14. RETURNS AND EXCHANGES
We put a lot of energy working with manufacturers and suppliers to curate a range of cool products for our customers and we fundamentally believe our customers are thrilled with the products they purchase from us. However, when we come back to earth, we understand that sometimes a product may not be what you thought it was going to be, or we mix up a delivery, or a product is broken. In these situations, please refer to our Return Policies and Procedures for information on how PhotonBuzz.com handles various types of returns for its customers and the step by step procedures for returning a product.
We are unable to offer exchanges or hold items for future purchase. Placing a new order is the easiest way to swap/exchange a product or style that did not work for you. If you have questions please contact our Customer Service Team at 1-888-684-1123 or via e-mail at: firstname.lastname@example.org.
15. COMPLAINTS AND LEGAL NOTICES
All complaints and legal notices should be mailed to:
ATTN: PhotonBuzz.com Legal
380 Chowning Place
Lancaster, PA 17601
If a law requires us to accept legal notices via email, call (888) 684-1123 to ask for the appropriate e-mail address intended for receipt of such notices.
16. LIMITED WARRANTY
PhotonBuzz.com warrants that only PhotonBuzz.com branded products will be free from defects in materials and PhotonBuzz workmanship at the time of sale. This warranty does not cover damage or malfunctions caused by normal wear and tear, accident, abuse, neglect, improper storage or handling, misuse, vandalism, acts of God, or other causes external to the product. PhotonBuzz.com makes no other express warranties and this warranty supersedes any prior representations and understandings regarding the products, including any warranty arising from course of dealing, course of performance, or usage of trade.
As a retailer, PhotonBuzz.com sells products manufactured by others. Manufacturers of non-PhotonBuzz.com branded products may provide other warranties, and you agree that your remedy for any defects in such products will be based solely on the warranty(s), if any, provided by those manufacturers. Products eligible for warranty return may be returned or service fees refunded in accordance with PhotonBuzz.com Returns Policy (See Return Policy and Procedures).
This warranty gives you specific legal rights, and you may have other rights, which vary from State to State.
17. EXCLUSIVE OF REMEDY, LIMITATION OF LIABLITY
Your sole and exclusive remedy, and 2Rego, LLC and/or PhotonBuzz’s sole and exclusive liability, for any breach of warranty shall be your right to return the product or receive a refund for the service under the PhotonBuzz.com returns policy. IN NO EVENT SHALL 2REGO, LLC AND/OR PHOTONBUZZ.COM BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF PHOTONBUZZ, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.