Terms of Online Sales
TERMS AND CONDITIONS FOR
Last modified: October 17, 2018
1. THIS DOCUMENT
CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS
WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE
READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS
TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND
ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A)
DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF
AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH [NAME], OR (C) ARE
PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S
CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to the
purchase and sale of products through www.betterventing.com (the “Site”).
These Terms are subject to change by Better Venting, LLC (referred to as the “Company”, “us”, “we”, or
“our” as the context may require) without prior written notice at any
time, in our sole discretion. The latest version of these Terms will be posted
on this Site, and you should review these Terms before purchasing any products
that are available through this Site. Your continued use of this Site after a
posted change in these Terms will constitute your acceptance of and agreement
to such changes.
products through this Site (see Section
Acceptance and Cancellation. You agree that your order is an offer to buy,
under these Terms, all products listed in your order. All orders must be
accepted by us or we will not be obligated to sell the products to you. We may
choose not to accept any orders in our sole discretion. After having received
your order, we will send you a confirmation email with your order number and
details of the items you have ordered. Acceptance of your order and the
formation of the contract of sale between the Company and you will not take
place unless and until you have received your order confirmation email. You
have the option to cancel your order at any time before we have sent your order
confirmation email by calling our Customer Service Department at 561-510-2131.
3. Prices and Payment Terms.
(a) All prices posted on this Site are subject to change without
notice. The price charged for a product will be the price in effect at the time
the order is placed and will be set out in your order confirmation email. Price
increases will only apply to orders placed after such changes. Posted prices do
not include taxes or charges for shipping and handling. All such taxes and
charges will be added to your merchandise total and will be itemized in your
shopping cart and in your order confirmation email. We are not responsible for
pricing, typographical, or other errors in any offer by us and we reserve the
right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion and payment
must be received by us before our acceptance of an order. We accept Visa,
MasterCard, American Express, Discover, and PayPal for all purchases. You
represent and warrant that (i) the credit card information you supply to us is
true, correct, and complete, (ii) you are duly authorized to use such credit
card for the purchase, (iii) charges incurred by you will be honored by your
credit card company, and (iv) you will pay charges incurred by you at the
posted prices, including all applicable taxes, if any.
Delivery; Title and Risk of Loss.
(a) We will arrange for shipment of the products to you. Please
check the individual product page for specific delivery options. You will pay
all shipping and handling charges specified during the ordering process.
(b) Title and risk of loss pass to you upon Delivery. Shipping and delivery dates are estimates only and cannot
be guaranteed. We are not liable for any delays in shipments.
5. Returns and
Refunds. We will accept a return of the products for a refund of your
purchase price, less the original shipping and handling costs, provided such
return is made within 30 days of the date of purchase and provided such
products are returned in their original, unused condition. To return products,
you must call 561-510-2131, email our Returns Department at firstname.lastname@example.org,
or log in to your account to obtain a Return Merchandise Authorization (“RMA”)
number before shipping your product. From your account you may print out an RMA
form, which contains instructions on how and where to ship your returned
product. No returns of any type will be accepted without an RMA number.
You are responsible for all shipping and handling charges on
returned items. You bear the risk of loss during shipment. All returns are
subject to a 15% restocking fee.
Once a returned product is received, inspected and determined to
be in original, unused condition, you will be refunded for the cost of the
product only. Refunds are processed within approximately 5 business days of our
receipt of your merchandise. Your refund will be credited back to the same
payment method used to make the original purchase on the Site.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY
ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
THIS LIMITED WARRANTY CAN ALSO BE FOUND AT WWW.BETTERVENTING.COM/WARRANTY
AND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS.
WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED
FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP, AND WILL
MATERIALLY CONFORM TO ANY SPECIFICATIONS, DRAWINGS, SAMPLES, OR OTHER
DESCRIPTIONS FURNISHED IN WRITING TO YOU BY THE COMPANY.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES,
INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS
FOR A PARTICULAR PURPOSE, AND WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL
PROPERTY RIGHTS OF A THIRD PARTY, TO THE DURATION OF THIS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR,
REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY
PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR
ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE
A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED
(a) Who May Use This Warranty?
limited warranty extends only to the original purchaser of products from the
Site. It does not extend to any subsequent or other owner or transferee of the
(b) What Does This Warranty Cover?
limited warranty covers during the Warranty Period (as defined below) material
defects in materials and workmanship in products purchased from the Site.
(c) What Does This Warranty Not Cover?
limited warranty does not cover any damages due to:
(iii) improper use or
(iv) failure to follow
the product instructions or to perform any preventive maintenance;
(vi) combination or use
with any products, materials, processes, systems or other matter not provided
or authorized in writing by the Company;
(viii) normal wear and
(ix) external causes
such as accidents, abuse, or other actions or events beyond our reasonable
(d) What is the Period of Coverage?
limited warranty starts on the date of your purchase and lasts for one (1) year
thereafter (the “Warranty Period”). The Warranty Period is not extended
if we repair or replace a warranted product. We may change the availability of
this limited warranty at our discretion, but any changes will not be
(e) What Are Your Remedies Under This Warranty?
respect to any defective products during the Warranty Period, we will, in our
sole discretion, either: (i) repair or replace such products (or the defective
part) free of charge or (ii) refund the purchase price of such products. We
will also pay for shipping and handling fees to return the repaired or
replacement product to if we elect to repair or replace the defective products.
(f) How Do You Obtain Warranty Service?
obtain warranty service, you must send written notice with a copy of your
original invoice or proof of purchase to our Customer Service Department by
mail at 810 Saturn Street, Suite 20, Jupiter, Florida 33458, by fax at (561)
745-9723, or by email to email@example.com during the Warranty
Period to obtain an RMA number. To confirm a product is damaged or defective,
we may require you to send images of the product in question. No warranty
service will be provided without an RMA number. After you contact us, we will
email you an RMA form, which contains instructions on how and where to ship the
damaged or defective product. The Company will arrange for the shipping of
damaged or defective products back to the fulfillment center.
(g) Limitation of Liability.
REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE
OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY
WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE
DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER
ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE,
BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE,
COSTS OF REPLACEMENT GOODS, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
(h) What can you do in case of a dispute with us?
informal dispute resolution procedure detailed in Section 11 is
available to you if you believe that we have not performed our obligations
under this limited warranty or these Terms.
7. Goods Not for
Export. You agree to comply with all applicable laws and regulations of the
various states and of the United States including all Export Regulations, as
defined below. You represent and warrant that you are buying products from the
Site for your own personal or household use, or for domestic commercial use
only, and not for export outside the United States. Products purchased from the
Site may be controlled for export purposes by export regulations, including but
not limited to, the Export Administration Act of 1979 (50 U.S.C. 2401-2410),
the Export Administration Regulations promulgated thereunder (15 C.F.R.
768-799), the International Traffic in Arms Regulations (22 C.F.R. 120-128 and
130) and their successor and supplemental regulations (collectively, “Export
8. Privacy. We respect your privacy and are
committed to protecting it. Our Privacy
Policy, which can be found at betterventing.com/privacy-policy, governs the processing of all personal
data collected from you in connection with your purchase of products through
9. Force Majeure.
We will not be liable or responsible to you, nor be deemed to have defaulted or
breached these Terms, for any failure or delay in our performance under these
Terms when and to the extent such failure or delay is caused by or results from
acts or circumstances beyond our reasonable control, including, without
limitation, acts of God, flood, fire, earthquake, explosion, hurricane, governmental
actions, war, invasion or hostilities (whether war is declared or not),
terrorist threats or acts, riot or other civil unrest, national emergency,
revolution, insurrection, epidemic, lockouts, strikes or other labor disputes
(whether or not relating to our workforce), or restraints or delays affecting
carriers or inability or delay in obtaining supplies of adequate or suitable
materials, materials or telecommunication breakdown or power outage.
10. Governing Law.
All matters arising out of or relating to these Terms are governed by and
construed in accordance with the internal laws of the State of Florida without
giving effect to any choice or conflict of law provision or rule (whether of
the State of Florida or any other jurisdiction) that would cause the
application of the laws of any jurisdiction other than those of the State of Florida.
11. Dispute Resolution and Binding Arbitration.
(a) YOU AND THE COMPANY 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
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 US ARISING
FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL
BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American
Arbitration Association (“AAA”) in accordance with the Consumer
Arbitration Rules (the “AAA Rules”) then in effect, except as modified
by this Section 11 (The AAA Rules are available at www.adr.org/arb_med or by calling
the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the
interpretation and enforcement of this section. The arbitration shall be governed by
Florida law and shall occur at a venue to be agreed upon in writing by the
parties hereto in Palm Beach County, Florida. YOU ACKNOWLEDGE THAT YOU ARE
GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY WITH
RESPECT TO ANY SUCH CLAIM.
The arbitrator will 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 or the
Agreement is void, voidable or otherwise invalid. The arbitrator will be
empowered to grant whatever relief would be available in court under law or in
equity. Any award of the arbitrator(s) will be final and binding on each of the
parties and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim
that affords the prevailing party attorneys’ fees, the arbitrator may award
reasonable fees to you under the standards for fee shifting provided by law.
(c) You may elect to pursue your claim in small-claims court
rather than arbitration if you provide us with written notice of your intention
do so within 60 days of your purchase. The arbitration or small-claims court
proceeding will be limited solely to your individual dispute or controversy.
(d) You agree to an arbitration on an individual basis. In any
dispute, NEITHER YOU NOR THE COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE
CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE
PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A
PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not
consolidate more than one person’s claims, and may not otherwise preside over
any form of a representative or class proceeding. The arbitral tribunal has no
power to consider the enforceability of this class arbitration waiver and any
challenge to the class arbitration waiver may only be raised in a court of
If any provision of this
arbitration agreement is found unenforceable, the unenforceable provision will
be severed and the remaining arbitration terms will be enforced.
You will not assign any of your rights or delegate any of your obligations
under these Terms without our prior written consent. Any purported assignment
or delegation in violation of this Section 12 is
null and void. No assignment or delegation relieves you of any of your
obligations under these Terms.
13. No Waivers.
The failure by us to enforce any right or provision of these Terms will not
constitute a waiver of future enforcement of that right or provision. The
waiver of any right or provision will be effective only if in writing and
signed by a duly authorized representative of the Company.
14. No Third Party
Beneficiaries. These Terms do not and are not intended to confer any rights
or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these
Terms by: (i) sending a message to the email address you provide or (ii) by posting
to the Site. Notices sent by email will be effective when we send the email and
notices we provide by posting will be effective upon posting. It is your
responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must
contact us as follows: (i) by facsimile transmission to 561-745-9723; or (ii)
by personal delivery, overnight courier or registered or certified mail to Better
Venting, LLC at 810 Saturn Street Suite 20, Jupiter FL 33477. We may update the facsimile number or
address for notices to us by posting a notice on the Site. Notices provided by
personal delivery will be effective immediately. Notices provided by facsimile
transmission or overnight courier will be effective one business day after they
are sent. Notices provided by registered or certified mail will be effective
three business days after they are sent.
If any provision of these Terms is invalid, illegal, void or unenforceable,
then that provision will be deemed severed from these Terms and will not affect
the validity or enforceability of the remaining provisions of these Terms.
17. Entire Agreement.
Our order confirmation, these Terms, our Website
will be deemed the final and integrated agreement between you and us on the
matters contained in these Terms.