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TERMS OF USE AND CONDITIONS:
Etronics,
Inc. (“Etronics”) has established these terms and conditions so you will know
what you can expect from us to ensure you have an enjoyable shopping
experience.
The use of this website (www.etronics.com and all affiliated
sites) is governed by the policies, terms, and conditions set forth below.
Please read them carefully. You are responsible for reviewing and becoming
familiar with these terms of use and conditions and you acknowledge that (i) you
have read and understand these terms of use and conditions and that you agree to
be bound by the terms, conditions and provisions set forth hereing, as same may
be amended from time to time and (ii) the disclaimer, limitation of liability
and indemnification provisions set forth in these terms of use and conditions
are an agreed upon allocation of risk and form an essential part of our
agreement to permit you to use this site, without which agreement Etronics would
not enter into this agreement or permit you to use this site. Your use of this
site, your placement of an order, or your submittal of any purchase order to
Etronics indicates acceptance of these terms and conditions.
You agree to
be bound by and accept this agreement as applicable to your purchase of
product(s) from this site. These terms and conditions are subject to change
without prior written notice at any time, in our sole and absolute
discretion.
Governing Law
THIS AGREEMENT AND ANY SALES
HERE UNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT
REGARD TO ITS CONFLICTS OF LAWS PROVISIONS. VENUE IN ANY ACTION OR PROCEEDING
COMMENCED PURSUANT TO THIS AGREEMENT SHALL LIE IN THE STATE, CITY AND COUNTY OF
NEW YORK AND YOU CONSENT TO THE JURISDICTION OF THE COURTS OF THE STATE, CITY
AND COUNTY OF NEW YORK.
If any provision or portion thereof set forth in
these terms of use of the policies of this site are found to be unlawful, void
or, for any other reason unenforceable, then such provision or portion thereof
shall be deemed severable and shall not affect the validity and enforceability
of any other provision. To the extent permitted by applicable law, you agree,
that, by using this site, regardless of any statute or law to the contrary, any
claim or cause of action that you may have arising out of, in connection with,
or relating to, your use of this site and/or these terms and conditions or
policies of this site, must be filed within one (1) year after the claim or
cause of action accrued or such claim or cause of action shall forever be
barred.
Order Acceptance
Your receipt of an electronic or
other form of order confirmation does not signify our acceptance of your order
nor does it constitute confirmation of our offer to sell. We reserve the right,
at any time after receipt of your order but prior to shipment, to accept or
decline your order for any or no reason. We reserve the right, at any time after
receipt of your order, without prior notice to you, to supply less than the
quantity you ordered of any item. We may need to verify any information you
provide before we accept an order.
Item availability and prices for all
products sold at www.etronics.com are subject to change without notice. We
reserve the right to limit quantities on certain items. (Price changes will not
be retroactively applied to any outstanding or completed orders.)
Payment Methods
Payment for the products may be made by
credit card, wire transfer, or other prearranged payment method acceptable to
Etronics.
Credit Cards We accept all major credit cards,
including Visa®, MasterCard®, American Express®, and Discover®. Please be sure
to provide the exact billing address and telephone number that your credit card
issuer has on file for you. Incorrect information may cause a delay in
processing your order.
Money Orders, Cashier's Checks and Company
Checks
We accept money orders, cashier's checks and company checks
in U.S. dollars only (no Canadian Money Orders are accepted). Orders are
processed upon receipt of a money order, cashier's check or company check.
Product availability is determined at the time funds clear or payment is
received. We reserve the right to charge a fee not to exceed One Hundred Dollars
($100.00) per instance on returned checks and you agree to pay such fee.
Shipping Charges; Taxes
Separate charges for shipping and
handling will be set forth on Etronics’ invoice(s). Etronics is required by law
to charge applicable taxes. In certain instances, upon the presentation of a
valid and correct tax exemption certificate applicable to the product to be
shipped, Etronics will waive the collection of applicable sales tax, if such
waiver complies with applicable law. Customer remains responsible for the prompt
and proper payment of all taxes applicable to the products shipped to such
customer.
Title; Risk of Loss
Title to products shipped
passes from Etronics to customer on the date of shipment from Etronics’ or
Etronics’ designee’s facility.
Manufacturer
Warranties
Each product sold on this site is packaged with
applicable manufacturer's warranty and service information detailing specific
terms and conditions. We encourage you to complete the product registration
information and return any registration cards to the manufacturer so that they
can contact you if necessary in the future. While Etronics sells only new and
unused product, Etronics is not an authorized reseller of certain of the
products listed for sale on this site. To be an authorized reseller,
manufacturers may require that Etronics abide by manufacturer’s suggested and
minimum selling prices* . Etronics would be unable to provide you with the low
cost of the products sold on this site if Etronics were to comply with certain
manufacturer’s suggested and minimum selling prices. In those instances where
Etronics is not an authorized reseller of the products sold, these manufacturers
may decline to offer the manufacturers warranties that usually accompany the
product being purchased. These products may be purchased directly from the
manufacturers with such manufacturer’s warranties but may not be offered by such
manufacturers at the deeply discounted prices offered by Etronics. In such
instances where a manufacturer’s warranty may not be available, we make every
effort to provide you with such information prior to your completing your
purchase. Etronics cannot be responsible for the decision of a manufacturer not
to offer or abide by such warranties.
*For
example, Etronics does not adhere
to Pioneer, Yamaha, Denon or Acoustic
Research internet and MAP (Minimum
Advertised Price) pricing policies. Accordingly, Etronics is not authorized
by such retailers to sell their products
via the internet and cannot offer the
manufacturers warranties that usually accompany these products. Etronics does, however, continue to offer to its
customers new Pioneer, Yamaha, Denon and Acoustic Research
products at heavily discounted prices.
Return
Policies
Products purchased directly from Etronics by a customer may
be returned by customer in accordance with Etronics return policy in effect on
the date of the invoice to customer for the product being shipped. To view our
current return policy, click
here.
Indemnity
You agree to
indemnify, defend and hold harmless Etronics, its shareholders, directors,
officers, employees and agents from and against any and all liability, claims,
costs and expenses (including without limitation reasonable legal fees and
expenses), arising out of, resulting from, or in connection with, your use of
this site.
These Terms and Conditions May Change
Etronics
reserves the right to update or modify these terms of use at any time without
prior notice. Your use of the this site following any such change constitutes
your agreement to follow and be bound by the terms of use as modified. For this
reason, we encourage you to review these terms of use whenever you use this
site.
This Web Site is Owned and Operated by Etronics, Inc., 216 Maspeth
Ave, Brooklyn, NY 11211
Copyright
All of the content
included on this web site, including all the text, graphics, photographs,
graphs, sounds, data, images, audio and video clips available on this web site
("Content"), is the property of Etronics or its content suppliers and protected
by U.S. and international copyright laws. All software used to operate this site
is the property of Etronics and its partner software suppliers, and is protected
by U.S. and international copyright laws. The compilation, collection,
selection, arrangement, assembly, and coordination of all Content available on
this site is the exclusive property of Etronics and protected by U.S. and
international copyright laws. ©Copyright 2004 Etronics, Inc. ALL RIGHTS
RESERVED.
The content of this site, and the site as a whole, are
intended solely for personal, noncommercial use by the users of this site. All
the Content available on this site may only be used by you for your personal
shopping and data-gathering resources. You may make copies of selected portions
of the Content, provided that such copies are made only for your personal use
and only if you maintain any proprietary notices contained in such Content. Any
other use, including but not limited to, the reproduction, modification,
distribution, transmission, republication, display or performance of the Content
for any other purposes is strictly prohibited.
Color
Rendition
We have used our reasonable efforts to display as
accurately as possible the colors of the products shown on this site. However,
because the colors you see will depend on your monitor, we cannot guarantee that
your monitor’s display of any color will be accurate.
Correction of
Errors and Inaccuracies
The information on this site may contain
typographical errors or inaccuracies and may not be complete or current. We
therefore reserve the right to correct any errors, inaccuracies or omissions and
to change or update information at any time without prior notice (including
after you have submitted your order). All pictures are for illustration
purposes. Please note that such errors, inaccuracies or omissions may relate to
product description, product picture, pricing and availability. We apologize for
any inconvenience this may cause you.
ENFORCEMENT OF TERMS AND
CONDITIONS
BY ACCESSING AND USING THIS SITE, YOU AGREE THAT YOUR
ACCESS TO AND USE OF THIS SITE IS SUBJECT TO THESE TERMS OF USE, AS WELL AS ALL
APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE
OF NEW YORK, UNITED STATES OF AMERICA.
Trademarks
Applications for the issuance of a Federal Trademark for the names
“Etronics” and “Etronics.com” are pending with the United States Patent
Trademark Office. The marks, trademarks and servicemarks of Etronics may not be
used in connection with any third-party products or services or in any manner
that disparages or discredits Etronics. All other brands and names (including
third-party product names) are the property of their respective owners and may
be subject to copyright and/or trademark protection.
Disclaimer
INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS SITE,
INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS
IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ETRONICS
DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT
TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES
ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, ETRONICS
DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS
ACCURATE, COMPLETE OR CURRENT. PRICES ARE SUBJECT TO CHANGE. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
Errors & Omissions
In the event a product is listed at an incorrect price due to an
error, Etronics reserves the right to refuse or cancel any order placed for
products listed at the incorrect price. Etronics shall have the right to refuse
or cancel any such order whether or not the order has been confirmed and your
credit card charged. If your credit card has already been charged for the
purchase and your order is canceled, Etronics shall issue a credit refund to
your credit card account in the amount of the incorrect price and the product
order will be cancelled.
SITE POLICIES, MODIFICATION,
AND SEVERABILITY Please review our policies, all of which are posted
on this site, and familiarize yourself with our Conditions of Use. These
policies help to regulate our site and services and will help make each visit
you make to Etronics.com easy and hassle free. Etronics reserves the right to
make changes to our policies, Conditions of Use, or Web site in general, at any
point in time. If any of the conditions we have set forth in this site shall
become void or unenforceable for any reason, all other conditions will remain
intact, and the severable condition will not affect the validity or
enforceability of remaining conditions.
OUR ADDRESS
Etronics Copyright Agent 216 Maspeth Avenue Brooklyn, NY
11211
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