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TERMS AND CONDITIONS OF SALE
BY
PLACING AN ORDER TO PURCHASE BY TELEPHONE EMAIL OR
THROUGH
WWW.SPYCHEST.COM OR ANY AFFILIATED OR ASSOCIATED
SITE YOU EXPRESSLY ACKNOWLEDGE THAT YOU ARE ENTERING
A CONTRACT FOR THE PURCHASE AND SALE OF GOODS. YOU
EXPRESSLY ACKNOWLEDGE THAT SAID CONTRACT FOR THE
PURCHASE AND SALE OF GOODS SHALL BE IN ACCORDANCE
WITH AND GOVERNED BY THE FOLLOWING TERMS AND
CONDITIONS OF USE, INCLUDING CHOICE OF FORUM AND
WARRANTY LIMITATIONS AS MAY BE PROVIDED FOR HEREIN.
As used
herein, “you,” “your” and “yours” refers to you as
the purchaser of goods and “we,” “us” and “ours”
refers to Spy Chest Inc. and its affiliated,
associated and subsidiary companies, entities and
organizations.
ORDERING LIMITATIONS
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We
reserve the right to cancel or refuse any order
at any time for any reason.
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Audio
equipped hidden cameras are only available to
law enforcement and local, state and federal
government agencies ONLY. We reserve the right
to request verifiable proof that the purchasing
party is one authorized herein.
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Questions about our products or their use or
compatibility should be made in writing to
sales@spytechs.com prior to purchase.
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HOLIDAY SCHEDULE
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Offices will be closed in
observance of the New Year
Holiday.
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No orders will be shipped
Wednesday 12/31/08 or Thursday
01/01/09
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Orders may be submitted online
during this time, however they
will not be processed or shipped
until Friday 01/02/09
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Happy New Year
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INTERNATIONAL ORDERS
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Automated Online ordering is only available for
orders requesting a shipping address within the
United States of America. We reserve the right
to cancel any order placed via the automated
online system which requests delivery of product
outside of the United States of America.
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All orders requesting shipment outside of the
United States of America should be submitted via
online
international request form or detailed
e-mail to
global@spytechs.com.
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Orders accepted for delivery outside of the
United States of America will not ship until
advance payment is received via a verified wire
transfer.
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Orders shipped to all other countries are
potentially subject to Duties, Value Added
Taxes, and brokerage fees. These fees are
collected by the delivery agent and we have no
control over these added expenses. We will not
alter Shipping Labels, Customs Documents,
Invoices or any other documentation in an effort
to avoid these fees.
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You
acknowledge that power requirements and video
formatting may vary for countries other than the
United States of America and that we are not
responsible for ensuring compatibility of
equipment purchased with external systems
regardless of the intended destination country.
SHIPPING POLICY
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We do
business as (DBA) THE FARM WAGON. For
your privacy, THE FARM WAGON will appear
on the return label of all packages.
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Orders must be received by 12:00 noon, Central
Standard Time Monday through Friday to qualify
for same day shipping.
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Orders placed on a Friday prior to 12:00 noon
and requesting overnight delivery will not be
delivered until the following Monday, provided
that Monday is not a legal holiday.
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Orders placed on Friday prior to 12:00 noon and
requesting second day delivery will not be
delivered until the following Tuesday, provided
that Tuesday is not a legal holiday.
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All
deliveries require a signature. (Packages can
NOT be left unattended.)
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Packages may be shipped to physical addresses or
to a Post Office Box provided that the shipping
address is also the address listed with your
credit card provider. We can only ship to the
billing address of the card holder or to an
alternate address on file with the credit card
provider. You can put an alternate address on
file with your credit card provider by calling
the 800 number listed on your credit card.
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Orders shipping to Post Office Boxes will be
shipped via United States Postal Service. As
follows:
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Ground: Standard United States Mail.
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2nd Day Air: United States Priority Mail.
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Next Day Air: United States Express Mail.
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Orders shipping via United States Postal Service
may be delayed up to one business day prior to
shipping.
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We
are not responsible for delays in shipping
occasioned by factors beyond our control
including, but not limited to; inclement
weather, security or other governmental delay,
natural disasters and terrorist threats or acts.
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Refunds due to shipping delays attributable to
us and not a factor beyond our control shall be
made as follows:
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Next Day Service delayed one day: refund
will be made in the amount of the difference
between Next Day Service and Second Day
service.
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Next Day Service delayed two or more days:
refund will be made in the amount of the
difference between Next Day Service and
Ground service.
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Second Day Service delayed one or more days:
refund will be made in the amount of the
difference between Second Day Service and
Ground Service.
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You
acknowledge that the remedy detailed in item 18
shall be your sole and exclusive remedy for any
shipping delay. We shall not be liable for any
incidental or consequential damages resulting
from a delay in shipping. In no case shall you
be entitled to recover damages in excess of the
amount paid for shipping fees regardless of the
cause or duration of the delay.
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Express Shipping will not be refunded if
delivery is not possible because a receiver is
not available when delivery is attempted.
PRIVACY POLICY
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Your
privacy is very important to us. We will not
rent, sell or otherwise disclose your personal
information to third parties for their marketing
purposes.
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We
will cooperate with local, state and federal
government agencies in response to verified
requests relating to investigations of criminal
or otherwise illegal activities. You acknowledge
this cooperation and authorize us to disclose
your name, address, telephone number, e-mail
address and any other information obtained
during this purchase and sale transaction. You
further agree to hold us harmless from any and
all damages resulting from disclosure in
response to a verified request from law
enforcement or other government agency.
PAYMENT AND INVOLUNTARY CANCELLATION
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We do
business as (DBA) THE FARM WAGON. For
your privacy, THE FARM WAGON will appear
as the billing entity on your credit card
statement if payment is made by credit card.
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If an
item is out of stock, A refund will be issued
upon request.
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Orders cancelled by us prior to shipping,
including orders cancelled pursuant to item 26,
are subject to a 25% fee for cancellation
processing and restocking. For pre-shipment
cancellation at your request and order
cancellation after shipment has been made, see
RETURNS AND VOLUNTARY CANCELLATION below.
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An
accurate billing address is required. We reserve
the right to cross-reference this address with
the credit card issuer if paying by credit card
and may cancel any order if the address on file
with the issuer does not match the address
provided by you.
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If
we, in our sole and absolute discretion, deem an
order to be of high value or high fraud risk, we
may require a manual imprint of your credit card
and an original signature. If so required, we
will make arrangements for the imprint and
signature.
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Your
credit card may be declined for a number of
reasons. Some of the most common reasons for
card rejection are:
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Insufficient credit at the time the
transaction is attempted.
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Incorrect account number.
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Incorrect expiration date.
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Incorrect Card Code Verification (CCV)
Number.
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Incorrect address or zip code provided and
processed through the Address Verification
System (AVS).
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Credit card provider does not participate in
electronic CCV or AVS.
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Credit Card issuer is a not a Financial
Institute within the United States.
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Payment may be made by Paypal during the secure
online checkout process.
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If
you make payment by Paypal, your account may
reflect a payment to “Spy Chest Inc.” or “The
Farm Wagon.”, or "S.C.I."
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We do
not accept Cash on Delivery (COD) orders, or
personal checks.
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Orders may be made by Money Order or Cashiers
check and will ship to the address provided on
the ship to portion of the order form.
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Orders may be made by Company Check and will
ship to the address printed on the check. Orders
made by Company Check will be held for 15
working days or until funds have cleared.
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You
will be charged a returned check fee of the
greater of $25.00, 5% of the total order or the
actual cost, including attorney fees, of
securing payment if your check is returned by
the bank for any reason, including insufficient
funds.
RETURNS AND VOLUNTARY CANCELLATION
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All sales are final. All of our products are
special order products and are not subject to
voluntary order cancellation once the order has
been placed. In our sole and absolute discretion
we may allow for the cancellation of certain
orders prior to shipment at your request,
provided always however, that such authorized
cancellations will be subject to a cancellation
and restocking fee of 25% of the order amount.
In the
event that an order is returned as authorized or
unauthorized, a restocking fee of 25% of the
product cost and the shipping charges will NOT
be returned. Additional shipping expenses
incurred during the return process will also be
withheld from any return.
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Due
to the nature of our product line, some items
may be used once and no longer needed. For this
reason, All sales are final and
non-defective returns will not be accepted after
the product has shipped.
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Defective merchandise may be returned to us and
will either be repaired or replaced in our sole
and absolute discretion. No funds will be
returned.
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Prior
to returning a defective product, prior
authorization must be obtained from us. Returns
made without prior approval will not be
accepted.
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Authorized Returns will be inspected and
repaired, replaced or rejected within 30 days of
return.
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Returns may be rejected and returned to you
without repair or replacement if the item is
physically damaged by you or missing parts which
were present when the item was originally
shipped to you.
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Discontinued, discounted and special bundled
items are sold as-is and are not returnable.
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Questions about our products or their use or
compatibility should be made in writing to
sales@spytechs.com prior to
purchase.
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You
are responsible for any return postage,
tracking, and insurance for merchandise sent
back to us.
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Merchandise that is lost, damaged or misplaced
while in transit is your responsibility. We
expressly reject liability for loss or damage to
merchandise while in transit to us. You are
advised to purchase a tracking number and
sufficient insurance when returning items to us.
MERCHANDISE DAMAGED UPON DELIVERY
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You
are responsible for inspecting merchandise upon
delivery.
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Any
damage which you believe was a result of
shipping must be reported to us, in writing,
within three days of acceptance of the shipment.
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Failure to notify us, in writing, within three
days of damage caused by shipment prevents us
from making a claim to the carrier and shall be
a full and absolute waiver of any right you may
have for return, repair or exchange.
LIMITED WARRANTY
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This
Limited Warranty is extended to the original
purchaser only and is non-transferable.
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In
the event of a defect, these are your exclusive
remedies and we will not be liable for any
incidental or consequential damages for a breach
of any express or implied warranty
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We
guarantee all of our products to be free of
defects in workmanship and materials for a
period of one year beginning on the date of
purchase, unless otherwise stated.
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Custom built or modified products shall be
covered by this Limited Warranty for a period of
60 days only.
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You
are responsible for paying return shipping on
all products returned for warranty work or
inspection.
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We
will replace or repair, at our sole and absolute
discretion, any product returned to us within
the warranty period and found to be defective in
workmanship or materials.
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Evidence that you have tampered with or altered
the product in any way shall forever void this
Limited Warranty and relieve us of liability
hereunder.
LEGAL LIABILITY AND COMPLIANCE WITH APPLICABLE LAW
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We
strive to sell only legal products to legal
purchasers. We are not responsible for any
purchase or use of our merchandise which is in
violation of any applicable law or regulation.
We are not responsible to you or any third party
for any direct, indirect, special, incidental or
consequential damages, arising out of use,
misuse or inability to use any of our products.
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It is
your responsibility to ascertain and comply with
all applicable local, state, and federal laws
applicable to the purchase or use of our
merchandise in your jurisdiction.
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You
are advised to contact an attorney licensed to
practice law within your jurisdiction if you are
unsure of the applicability of any law to the
product you are purchasing or its intended use
within your jurisdiction.
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By
placing an order, you represent that you are of
legal age to purchase the product being
purchased in your jurisdiction and that you will
use the product only in a lawful manner.
FORUM, CHOICE OF LAW, JURY TRIAL WAIVER, ATTORNEY
FEES & SEVERABILITY
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We
are headquartered in Okaloosa County, Florida,
U.S.A.
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Your
contract for purchase is with Spy Chest Inc., a
Florida Corporation.
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By
entering into an agreement to purchase
merchandise from us, you expressly agree that
any claim or controversy arising out of, or
relating to, said purchase shall be governed by
the laws of the United States of America and of
the State of Florida.
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You
further agree that venue is most appropriate in
the courts of Okaloosa County, Florida, and you
agree to bring or defend any cause of action
relating to or arising out of your purchase in
the courts of Okaloosa County, Florida.
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You
expressly waive any right you may have to venue
in any jurisdiction other than Okaloosa County,
Florida.
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YOU
EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO A
TRIAL BY JURY AND AGREE TO SUBMIT ANY CLAIM OR
CONTROVERSY ARISING OUT OF OR RELATING TO YOUR
PURCHASE TO A JUDGE FOR FINAL DECISION.
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If a
dispute or litigation arise and we are found to
be the prevailing party, you agree to pay all of
our reasonable costs and attorney fees
associated with the litigation or dispute.
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If a
court of competent jurisdiction should determine
for any reason that any provision of these Terms
and Conditions is invalid, the invalid provision
shall be fully severable and the remaining Terms
and Conditions shall continue to be of full
force and effect.
BY
PLACING AN ORDER, YOU EXPRESSLY AGREE TO BE BOUND BY
ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. |