Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS WEBSITE. All users of this site agree that access to and use of this site
are subject to the following terms and conditions and other applicable law. If
you do not agree to these terms and conditions, please do not use this site.
This website, in its entirety, is the sole property of
tv-mart.com, and protected by U.S. and international copyright
laws. All trademarks and registered trademarks displayed on the website are the
trademarks of their respective owners, and are not intended to imply any
endorsement or affiliation between tv-mart.com and these companies.
tv-mart.com values you as a customer and your right to
privacy. Except as may be otherwise required by law, tv-mart.com will
exercise commercially reasonable efforts to ensure that your personal
information remains confidential and available only to DFH Group of the
Companies, and its employees, agents, and contractors. tv-mart.com will not
sell your personal information to third parties.
You will be charged the prices quoted for product(s) you have selected
for purchase at the time you submit your order at checkout. If tv-mart.com
is not able to ship the product(s) you have ordered for any reason, your order
will be shown as "CLOSED" in your order history on the web site and
you will be notified by tv-mart.com by e-mail to the address in your
account.
It is your responsibility to promptly notify your bank of any changes to
your billing information, or of any loss, theft, or unauthorized use of your
credit card number. You are responsible for updating your registration
information and your credit card information, as applicable.
The Terms and Conditions are the agreement between you and tv-mart.com.
By submitting each order at checkout, you confirm and affirm that you have
read, understood and agree to the Terms and Conditions.
1. Offer and Acceptance: By submitting a completed
order form, you offer to purchase, on and pursuant to these Terms and
Conditions and the order form, the groceries and other product(s)
(collectively, "Product") you select and submit to tv-mart.com
for purchase via the order form. Your offer may be accepted by tv-mart.com
by sending you an electronic confirmation that your order has been received and
accepted. It shall be in tv-mart.com discretion to accept or reject your
order. If tv-mart.com accepts your order, these Terms and Conditions and the
order form collectively constitute a legal agreement between tv-mart.com and
you governing your purchase of the Product from tv-mart.com over the online
shopping service.
2. Responsibilities: If tv-mart.com
accepts your order, tv-mart.com shall, in return for your payment, provide the
Product which you order through the online shopping service. The Product shall
be delivered to you by either a tv-mart.com employee or one of tv-mart.com’s
vendors to the delivery address you designate. Your payment for the Product and
Shipping & Handling, including sales taxes and assessments, is due upon
completion of your order online. tv-mart.com will charge the payment to the
credit card which you submit to tv-mart.com You authorize tv-mart.com to
make and collect such charge, and agree to make payment to tv-mart.com if tv-mart.com
cannot collect the charge for any reason. The total amounts you shall pay for
the Product per each order shall be the sums of the respective prices for the
items you select and submit via the order form, plus all applicable sales taxes
and Shipping & Handling charges, as reported to you as the
"TOTAL" in the order form.
3. Product Pricing and Shipping Charges: You will
be charged the prices quoted for Product you have selected for purchase at the
time you submit your order at checkout. Shipping charges may change based on
the type of service such as express, overnight shipment and delivery address.
However; you will be charged the shipping charges quoted at the time you submit
your order at checkout. All charges made on www.tv-mart.com will be processed by DFH Marketing Corp.
4. Typographical
Errors: In the
event that a www.tv-mart.com product is mistakenly listed at an incorrect
price, www.tv-mart.com reserves the right to refuse or cancel any orders
placed for product listed at the incorrect price. www.tv-mart.com reserves
the right to refuse or cancel any such orders 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 cancelled, www.tv-mart.com shall
issue a credit to your credit card account in the amount of the incorrect
price.
5. Communications: tv-mart.com shall
conclusively presume that online communications received from you through your
use of the online order form and registration process are accurate, complete,
and authorized by you as received by tv-mart.com. You agree not to contest
the validity and binding legal effect of those communications.
You are responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under your account
or password. If you are under 18, you may use the website only with a parent or
guardian.
By registration and placing an order online, you are
consenting to receive e-mails from tv-mart.com regarding your order and its
shipment. Additionally, you are consenting to receive commercial e-mails from
DFH Group of the Companies. If you do not wish to receive commercial emails
from DFH Group of the Companies, you should so indicate when you set up your
account information at www.tv-mart.com.
6. Shopper Registration: You agree to complete the
initial registration process according to tv-mart.com requirements stated on
the website, and to provide tv-mart.com with accurate, complete and updated
information as required for the initial registration process, including, but
not limited to, your legal name, billing and delivery addresses, e-mail address
and telephone number. You must provide tv-mart.com with an accurate and
complete credit card number, its security code and expiration date at the time
of submitting your online purchase order. You represent and warrant to tv-mart.com
that your use of any credit card that is authorized and legal. Also, the
billing address of your credit card is as same as your shipping address.
7. Shopper information changes: It is your
responsibility to promptly notify your credit card issuer of any changes to
your billing information or loss, theft, or unauthorized use of your credit
card number. You are responsible for updating your account information and your
credit card information, as applicable.
8. Delivery: Either a tv-mart.com employee or
one of tv-mart.com’s vendors shall ship the Product to you via delivery
carrier such as FedEx, DHL or UPS at a single delivery location you designate
that is within the delivery zone authorized by tv-mart.com. All items
purchased from www.tv-mart.com are
made pursuant to a shipment contract. If there is any shipping error, tv-mart.com
will offer reasonable assistance in the correction of that error.
If your package arrives damaged, it is best to REFUSE the
delivery from the carrier. If you accept the package make sure to note the
damage on the delivery carrier's delivery record in order for tv-mart.com to
file a damage claim. Save the merchandise and the original box and packing it
arrived in and notify tv-mart.com immediately to arrange for an inspection
and a pick up of damaged Product. If you do not notify tv-mart.com of a
damaged Product within the first 7 days of arrival, our regular return policy
will override any claim of damage, and will fall under all current manufacturer
restrictions.
9. Undelivered Product Policy: Although tv-mart.com
believes that it will have sufficient inventory to fill your orders, it is
possible that certain Product may be unavailable, from time to time. In the
event an item you have ordered is temporarily unavailable, tv-mart.com will
attempt to notify you, fill the remainder of your order and issue a credit to
your credit card in an amount equal to the value of undelivered Product plus
applicable sales taxes.
10. tv-mart.com Customer Satisfaction Guarantee:
If you are not satisfied with any Product for any reason or if the Product is
defective or damaged or you receive an incorrect Product, you should call
1-877-473-5526 or e-mail to sales@tv-mart.com
within 7 days of arrival. tv-mart.com will, at your option, either replace
the Product with the same or substantially similar Product by causing the
replacement to be delivered to you within a reasonable time, or issue a credit
to your credit card in an amount equal to the value of the Product, plus
applicable sales tax, after receiving of returned Product by tv-mart.com. You should expect to receive credit within four weeks after
returning a Product to tv-mart.com. However, in
many cases you will receive the credit more quickly. This time period includes
the transit time to receive your return and the time it takes your credit card
issuer to process our refund request. We'll notify you via e-mail of your
refund once we have received and processed the returned Product.
11. Return Policy: In order to return
any Product, please call 1-877-473-5526 or e-mail your return request to sales@tv-mart.com to get a Return
Merchandise Authorization (RMA) number for your returning Product. No returns
of any type will be accepted without an RMA number. For faster service, please
have the following information on hand when calling tv-mart.com for an RMA
number; Customer Name, Order Number, Shipping Address, Product Name, Credit
Card Number and Nature of the Problem.
Shipping charges that you paid for the Product you purchased
is nonrefundable unless the return is a result of our
error. You are also responsible for shipping charges on returned
Product. tv-mart.com strongly recommends you fully insure your return
shipment in case it is lost or damaged and you use a carrier that can provide
you with proof of delivery for your protection.
Our return policies by product groups are;
DFH TV Products: Returns are allowed within 30 days
of receipt. Exchange is available for a defective, damaged or incorrectly
shipped Product. Returned Products must be received by tv-mart.com within 7
days of the RMA issue date. There will be a minimum $40.00 restocking fee for
return of a complete system order.
Language Learning Sets & Books: Returns are
allowed within 7 days of receipt. Exchange is available for defective, damaged
or incorrectly shipped Products. Returned Products must be received by tv-mart.com within 7 days of the RMA issue date.
Electronics and Home Products: Returns are allowed within 30 days of
receipt. Exchange is available for defective, damaged or incorrectly shipped
Products. Returned Products must be received by tv-mart.com within 7 days of
the RMA issue date. All products should be returned in its original packaging
and all accessories. Returns without RMA will be rejected. There will be 20% restocking
fee for returned Electronics and Home Products.
Health & Beauty Products: Returns are allowed
within 7 days of receipt. Exchange is available for the defective, damaged or
incorrectly shipped Products. Returned Products must be received by tv-mart.com within 7 days of the RMA issue date.
Music CDs and Books: No returns are allowed. Exchange
is available for defective, damaged or incorrectly shipped Products. Returned
Products must be received by tv-mart.com within 7 days of the RMA issue date.
Movie (DVD or VCD): No returns are allowed. Exchange
is available for defective, damaged or incorrectly shipped Products. Returned
Products must be received by tv-mart.com within 7 days of the RMA issue date.
Gifts: Returns are allowed within 7 days of receipt.
Exchange is available for defective, damaged or incorrectly shipped Product.
Returned Products must be received by tv-mart.com within 7 days of the RMA
issue date
The Product and its packaging must be returned in its entirety,
including all original boxes and packing materials, including original UPC
codes on the manufacturer boxes, contain all manuals, blank warranty cards
coupons and other accessories and documentation provided by tv-mart.com
and/or the manufacturer. Otherwise, there will be 20% restocking fee and/or a
charge for damaged or broken item(s). You should send your returned Product to
the address given by tv-mart.com when the RMA is issued. Do not forget to
write RMA number on your package.
You should expect to receive your
refund within four weeks after a returned Product is received by tv-mart.com.
However; in many cases you will receive a refund more
quickly. This time period includes the transit time to receive your return and
the time it takes your credit card issuer to process our refund request. We'll
notify you via e-mail of your refund once we've received and processed the
returned item.
12. Product Information: tv-mart.com
will attempt to update Product information as and when changes come to the
attention of tv-mart.com. However, tv-mart.com is not responsible for any
inaccuracy or misstatement of any such information. You should read the Product
information upon delivery or contact the product manufacturer.
13. Disclaimer of warranty: tv-mart.com online
shopping services are provided on as "AS IS", "AS
AVAILABLE" basis, and tv-mart.com does not provide any assurances of
the availability or usability by you of the online shopping services. tv-mart.com
makes no representations or warranties, whatsoever, as to the substance, or the
accuracy or sufficiency thereof, of any Product information listed on the web
site. tv-mart.com MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, AS TO THE PRODUCTS SOLD, THE ONLINE SHOPPING SERVICES, DELIVERIES, OR
OTHERWISE.
14. Use of
Site: Harassment
in any manner or form on the site, including via e-mail, chat, or by use of
obscene or abusive language, is strictly forbidden. Impersonation of others,
including a www.tv-mart.com or other licensed employee, host, or
representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any
content which is libelous, defamatory, obscene, threatening, invasive of
privacy or publicity rights, abusive, illegal, or otherwise objectionable which
may constitute or encourage a criminal offense, violate the rights of any party
or which may otherwise give rise to liability or violate any law. You may not
upload commercial content on the site or use the site to solicit others to join
or become members of any other commercial online service or other organization.
15.
Participation Disclaimer: www.tv-mart.com
does not and cannot review all communications and materials posted to or
created by users accessing the site, and is not in any manner responsible for
the content of these communications and materials. You acknowledge that by
providing you with the ability to view and distribute user-generated content on
the site, www.tv-mart.com is merely acting as a passive conduit for such
distribution and is not undertaking any obligation or liability relating to any
contents or activities on the site. However, www.tv-mart.com reserves the
right to block or remove communications or materials that it determines to be
(a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading,
(c) in violation of a copyright, trademark or; other intellectual property
right of another or (d) offensive or otherwise unacceptable to
www.tv-mart.com in its sole discretion.
16. Indemnification:
You agree to indemnify, defend, and hold harmless www.tv-mart.com,
its officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees, resulting
from any violation of these terms and conditions or any activity related to
your account (including negligent or wrongful conduct) by you or any other
person accessing the site using your Internet account.
17. Third-Party Links:
In an attempt to provide increased value to our visitors,
www.tv-mart.com may link to sites operated by third parties. However, even
if the third party is affiliated with www.tv-mart.com, www.tv-mart.com
has no control over these linked sites, all of which have separate privacy and
data collection practices, independent of www.tv-mart.com. These linked
sites are only for your convenience and therefore you access them at your own
risk. Nonetheless, www.tv-mart.com seeks to protect the integrity of its web
site and the links placed upon it and therefore requests any feedback on not
only its own site, but for sites it links to as well (including if a specific
link does not work).
18. Limitation of liability: tv-mart.com shall
not be liable to you for any interception of online communications, software or
hardware problems (including, without limitation, viruses, loss of data, or
compatibility conflicts), unauthorized use of your credit card, or other
consequence beyond the reasonable control of tv-mart.com. Any liability of tv-mart.com,
its employees, affiliates, or agents, to you for damages, losses and causes of
action, whether in contract, tort, or otherwise, either jointly or severally,
shall be strictly limited to the aggregate dollar amount paid by you to tv-mart.com
in the twelve (12) months (or, if less, such shorter period of your use of the
online shopping service) immediately prior to the claimed injury or damage.
19. Confidentiality: tv-mart.com values you as a
customer and your right to privacy. Except as may be otherwise required by law,
tv-mart.com will exercise commercially reasonable efforts to ensure that
your credit card information remains confidential and is available only to
personnel who have a need to know such information in connection with providing
you with tv-mart.com online shopping services or otherwise for tv-mart.com
general business purposes and will not sell your name, address or similar
personal information to third parties or permit the use of such information
outside the scope of the tv-mart.com online shopping service or tv-mart.com
general business purposes. tv-mart.com may, and reserves the right to, use
and disclose internally within DFH Group of the Companies any aggregated
information, including information you provide to tv-mart.com, regarding tv-mart.com
customers and usage of the online shopping service, for any purpose.
20. Applicable Law: These Terms and Conditions and
the order form, collectively constituting the sole and entire agreement between
you and tv-mart.com regarding the online shopping services, are governed by
laws of the State of California without regard to conflict of laws rules.
21. Changes to Terms and Conditions: tv-mart.com
reserves the right to, from time to time, with or without notice to you, in tv-mart.com
sole discretion; amend the Terms and Conditions for use and purchases regarding
the online shopping services. Any amendments by tv-mart.com will be
effective only as to orders you place subsequent to tv-mart.com revisions of
these Terms and Conditions on the web site to reflect the amendments. It is
your responsibility to review the Terms and Conditions prior to submitting each
order and tv-mart.com has no responsibility to notify you of any changes
prior to effectiveness of the changes or otherwise.
22. Terms and Conditions Govern: These Terms and
Conditions, as amended from time to time, shall be the sole terms of the
agreement between you and tv-mart.com regarding your online purchases. All
statements otherwise made on the web site are intended only for your
convenience and do not form and are not included in the terms for your
purchase.
23. Taxes: You are responsible for all applicable
sales taxes. To the extent applicable sales taxes are not collected at the time
of sale, you agree to promptly remit sales taxes either tv-mart.com, or to
the proper jurisdiction or authority.
24. tv-mart.com Right to Refuse Service: tv-mart.com,
in its sole discretion, reserves the right to refuse service to anyone, with or
without cause or reason.
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