FLI Charge, Inc.
Terms of Sale
Last Updated: February 2, 2017
Please read these Terms of Sale (the “Terms”) carefully, as they contain very important information about your rights and obligations, as well as limitations and exclusions. These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. If you do not agree with these terms, do not order/keep your product.
- Your Account
When you make a purchase from the Website, you may create an account as part of the checkout process. You are responsible for maintaining the confidentiality of your password and restricting access to your password and account. You further agree to accept responsibility for all purchases and activities that occur under your account.
- Acceptance of Order
Your placement of an order does not form a binding contract, and does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all of the information required by us to complete your order. Once a properly completed order is received, authorization of your form of payment is received and we have accepted your order, we will promptly place your order in line for shipment.
- Pricing and Availability
All prices for products (and the associated costs of shipping and tax) are shown in U.S. dollars. 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 without notice, even if you have already placed your order. FLI Charge may correct typographical or other errors in pricing, may reduce or cancel any discounts previously offered to you, and may change its prices at any time. You agree that taxes may be adjusted from the amount shown on the payment screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
- Payment Terms
FLI Charge currently accepts Visa, MasterCard, American Express, Discover, and PayPal as forms of payment. By submitting your order and selecting to use a credit card as a form of payment, you represent and warrant that you are authorized to use the designated credit card and authorize us to charge your order (including taxes, shipping and handling) to that card. If the card cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or cancelled automatically.
- Shipping Terms and Policies
All shipping charges are your responsibility, unless specifically stated otherwise by FLI Charge. Shipping charges are subject to change without notice.
All orders are shipped FOB shipment. Title and risk of loss to products passes from FLI Charge to you upon delivery from FLI Charge to the shipping carrier. We use professional shipping companies to deliver products to you, and are not responsible for any shipping delays or problems once the product has been shipped.
Delivery dates which might be specified in an order, an order confirmation, or in any other communication from FLI Charge (whether oral or in writing) are estimates only.
FLI Charge may make partial shipments of your orders. Any delay in delivery of any installment will not relieve you or your obligation to accept the remaining deliveries. FLI Charge shall not be liable for any failure to ship complete orders or for any shipment delay.
- Back Orders
If, for any reason, an item on your order is temporarily out of stock, we will endeavor to back order that item for you. Items on back order will be charged when the items are actually shipped, along with applicable taxes and shipping charges.
- Return Policy
There are a few important things to keep in mind when returning a product you purchased online from FLI Charge (the “Product”):
- Only Products that have been purchased directly from FLI Charge can be returned to FLI Charge. Projects purchased through other retailers must be returned in accordance with those retailers’ respective return policies.
- You have thirty (30) calendar days to initiate a return of a Product from the date you received it.
- To initiate a refund, request a Return Merchandise Authorization (“RMA”) by emailing firstname.lastname@example.org, identifying the Product which you wish to return.
- FLI Charge must receive the returned Product within fourteen (14) days after an RMA has been issued. An assigned RMA number is valid for fourteen (14) days only, and will expires on the fifteenth (15th) day after the date of issuance, at which time any returned Product will be refused.
- Once an RMA number has been issued, FLI Charge will email you a prepaid return shipping label, which you should use to return the Product. FLI Charge will not be responsible for any returned Product sent using an alternate carrier or shipping label. It is your responsibility to retain a copy of the shipping label issued by FLI Charge, with applicable tracking number.
- The Product which you are returning must be returned with all of the cords, adaptors, accessories, and documentation that were included when you received the Product from FLI Charge.
- FLI Charge retains the right to accept Products for return at its sole discretion. Products which have been damaged or altered will not be accepted for return and will be re-shipped to you at your expense.
- Once we have received the Product for return, and have accepted that Product for return, a refund will be initiated within seven business days. The refund will be processed depending on your original payment method, less shipping costs and any applicable taxes and fees. Individual payment providers will post refunds to your account in accordance with their own policies and procedures. FLI Charge is not responsible for any delays in refunds caused by payment providers. Please contact the card-issuing bank with questions about when the credit will be posted to your account.
- You are responsible for all shipping costs necessary to return a Product. All shipping costs will be deducted from the amount of your refund. If FLI Charge does not accept your Product for return, that Product will be returned to you, and the original payment method you used in purchasing your Product will be charged for all shipping costs. FLI Charge is not responsible for any damage to the product incurred at any time while not in FLI Charge’s control, including during shipment.
We attempt to be as accurate as possible. However, we do not warrant that all product descriptions, photographs, pricing, or other information provided is accurate, complete, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by FLI Charge is not as described or pictured, your sole remedy is to return it in an unused condition for a refund, subject to the return policy herein. In the event of an error, whether on the FLI Charge website, in an order confirmation, in processing an order, in delivering a product, or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is, subject to the return policy herein, to cancel your order and obtain a refund.
- Limited Warranty
What the Warranty covers
Pursuant to this limited warranty (the “Warranty”), FLI Charge, Inc. (“FLI Charge”) warrants to the original purchaser of a FLI Charge product that such product shall be free of defects in design, assembly, material, or workmanship.
What the period of coverage is
FLI Charge warrants each of its products for one (1) year from the original date of purchase.
What the Warranty does not cover
This Warranty does not cover damage caused by misuse or abuse, accident, the attachment of any unauthorized accessory, alteration to the product, improper installation, unauthorized repairs or modifications, improper use of electrical/power supply, loss of power, dropped product, malfunction or damage of an operating part from failure to provide manufacturer’s recommended maintenance, transportation damage, theft, neglect, vandalism, environmental condition, loss of use during the period that the product is at a repair facility or otherwise awaiting parts or repair, or any other conditions whatsoever that are beyond the control of FLI Charge.
This Warranty is effective only if the product is purchased and operated in the country in which the product is purchased. A product that requires modifications or adoption to enable it to operate in any other country than the country for which it was designed, manufactured, approved and/or authorized, or repair of products damaged by these modifications is not covered under this Warranty.
FLI Charge reserves the right to discontinue any of its products without notice, and disclaims any limited warranty to repair or replace any such discontinued products. In the event that FLI Charge is unable to replace the product (for example, because such product has been discontinued), FLI Charge will offer a similar replacement product if possible.
This Warranty does not apply to products purchased from a source other than FLI Charge or a FLI Charge Authorized Reseller.
How to Replace Defective Products
If found to be defective, in FLI Charge’s sole discretion, FLI Charge devices will be replaced without charge when returned to FLI Charge. Please email email@example.com for instructions on how to return defective products.
FLI Charge reserves the right to review the damaged FLI Charge product. All costs of shipping the FLI Charge product to FLI Charge for inspection shall be borne solely by the purchaser. If FLI Charge determines, in its sole discretion, that it is impractical to ship the damaged equipment to FLI Charge, FLI Charge may designate, in its sole discretion, an equipment repair facility to inspect and estimate the cost to repair such equipment. The cost, if any, of shipping the equipment to and from such repair facility and of such estimate shall be borne solely by the purchaser. Damaged products must remain available for inspection until the claim is finalized. Whenever claims are settled, FLI Charge reserves the right to be subrogated under any insurance policies the purchaser may have.
IN THOSE JURISDICTIONS WHERE IT CAN LAWFULLY DO SO, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTY PROVIDED HEREIN SHALL BE THE SOLE AND EXCLUSIVE WARRANTY. FLI CHARGE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, ACCEPTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, LOSS OF OR DAMAGE TO DATA, LACK OF VIRUSES OR FREE FROM VIRUS OR MALWARE ATTACK, SECURITY, PERFORMANCE, LACK OF NEGLIGENCE, WORKMANLIKE EFFORT, QUIET ENJOYMENT, THAT THE FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET YOUR REQUIREMENTS, OR THAT DEFECTS IN THE PRODUCT WILL BE CORRECTED, OR THAT YOUR USE OF THE PRODUCT WILL GENERATE ACCURATE, RELIABLE, TIMELY RESULTS , INFORMATION, OR DATA. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FLI CHARGE, A DEALER, AGENT, OR AFFILIATE SHALL CREATE A WARRANTY. TO THE EXTENT WARRANTIES CANNOT BE DISCLAIMED OR EXCLUDED, THEY ARE LIMITED TO THE DURATION OF THE RELEVANT EXPRESS WARRANTY PERIOD.
IN NO EVENT SHALL THIS WARRANTY REQUIRE MORE THAN THE REPLACEMENT OF ANY PRODUCT WHICH IS FOUND TO BE DEFECTIVE WITHIN THE EFFECTIVE PERIOD OF THE WARRANTY. NO REFUNDS WILL BE GIVEN. FLI CHARGE RESERVES THE RIGHT TO MAKE PRODUCT SUBSTITUTIONS IN LIEU OF REPLACEMENT.
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLI CHARGE, ITS AFFILIATES, DEALERS, AGENTS OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR REVENUE, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR LOSS OF ABILITY TO USE ANY THIRD PARTY PRODUCTS OR SERVICES, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER), REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF FLI CHARGE OR SUCH OTHER ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF FLI CHARGE, ITS AFFILIATES, ASSOCIATES, DEALERS, AGENTS OR SUPPLIERS TO YOU FOR ALL DAMAGES EXCEED THE PRICE YOU PAID FOR THE PRODUCT. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY WARRANTY OR REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.
THE WARRANTIES AND REMEDIES SET OUT HEREIN ARE EXCLUSIVE, AND, TO THE EXTENT PERMITTED BY LAW, IN LIEU OF ALL OTHERS ORAL OR WRITTEN, EXPRESS OR IMPLIED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
IF ANY TERM IS HELD TO BE ILLEGAL OR UNENFORCEABLE, THE LEGALITY OR ENFORCEABILITY OF THE REMAINING TERMS SHALL NOT BE AFFECTED OR IMPAIRED.
How state law relates to the Warranty
Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which may vary from state to state. Some states do not allow the exclusion or limitation of incidental, consequential, or other damages, so the above limitations may not apply to you.
- Manufacturer's Warranty
Warranties may be available directly from select manufacturers. Manufacturer information is subject to change without notice. Not all manufacturers for products which we sell will offer manufacturers’ warranties.
By placing an order, you agree and understand that FLI Charge may store, process, and use data collected from your order for the purposes of processing your order.
Please refer to our Privacy Statement, for information about how FLI Charge collects, uses, and discloses personal information from users of the site.
- Dispute Resolution and Binding Arbitration
YOU AND FLI CHARGE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
Any claim, dispute, or controversy, whether in contract, tort or otherwise, whether pre-existing, present, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims, between you and either FLI Charge, its agents, employees, successors, assigns, direct and indirect subsidiaries, or any third party providing any products or services to you in connection with your purchase arising from or relating in any way to your purchase of products, these Terms of Sale, their interpretation, or the breach, termination, or validity thereof, the relationships which result from these Terms of Sale (including relationships with third parties who are not signatories to these Terms of Sale), FLI Charge’s advertising, or any related purchase, shall be resolved exclusively and finally by binding arbitration. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision of the Terms of Sale is void, voidable, or otherwise invalid. The arbitration shall be administered by the American Arbitration Association (AAA) or JAMS (or a substitute forum if both are unavailable). Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. Notwithstanding the foregoing, you may assert claims in a small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Sale.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR FLI CHARGE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration clause is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).
The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Information on AAA or JAMS and their applicable rules are available at the following numbers and URLs: American Arbitration Association, (800) 778-7879, www.adr.org; JAMS, (800) 352-5267, www.jamsadr.com.
- Applicable Law and Jurisdiction
Access to and use of this Website and these Terms of Sale are governed the Federal Arbitration Act, U.S. federal law and/or the laws of the State of New York, without resort to conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
FLI Charge controls and operates this Website from its headquarters in the United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws.
- Resale and Export Controls
Your purchase is for your own use, and may not be resold without the express written consent of FLI Charge. We reserve the right to refuse or cancel your order if we suspect that you are purchasing products for resale without the express written consent of FLI Charge.
Certain FLI Charge products may be subject to export controls imposed by the United States of America, and may not be exported or reexported: (a) into (or to a national or resident of) any country to which the United States of America has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, or Syria; (b) to everyone on the U.S. Treasury Department’s Specially Designated Nationals list, or (c) the U.S. Commerce Department’s Table of Denial Orders (collectively, the “Prohibited Countries”). By purchasing any FLI Charge product, you represent and warrant that you are not located in any Prohibited Country, that you are not under the control of any Prohibited Country, or that you are not a national or resident of any Prohibited Country.
All copyrights and other intellectual property rights in FLI Charge are hereby reserved.
Email FLI Charge at firstname.lastname@example.org