Terms of Service
Last updated: Apr 11, 2024 4:00 PM
Please read this Terms of Service ("Terms of Service") carefully before using the website (the "Website") operated by EMC Shocks LLC, a(n) Limited Liability Company formed in Florida, United States ("us," "we," "our") as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms of Service. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.
By accessing or using the Website, you agree to be bound by these Terms of Service. If you disagree with any part of the Terms of Service, then you do not have our consent to access or use the Website.
Offers and pricing
We offer goods on this Website. The price of these goods are listed on the Website. This price does not include taxes or other fees that you may be charged.
Purchases
When you make a purchase on the Website, you will be using a third party payment processor, Paysafe, that will collect your payment information and process your payment. We are not responsible for the collection, use, sharing or security of your billing information by Paysafe. The following payment method(s) are accepted by the third party payment processor: Paypal, Google Pay, Apple Pay, American Express, MasterCard, and Visa.
You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.
Cancellation policy
We offer cancellations on purchases made of the goods offered on our Website. We offer cancellations only prior to manufacturing. You may cancel your order by contacting us. You will not be charged a cancellation fee if you cancel your purchase in accordance with the above requirements. We will issue you a refund of the full purchase price that you paid if you cancel your purchase.
We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will not provide you with any notice prior to cancelling your purchase. We will issue you a refund of the full purchase price that you paid if we cancel your purchase.
As the goods are personalised and custom-made for the customer at the time of ordering, EMC Shocks will refuse returns and refunds after manufacturing of the goods.
Warranty on purchases
We offer the following warranties on purchases of goods:
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Goods will be of satisfactory quality;
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Goods will be fit for a particular purpose;
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Goods will match the description.
This warranty shall apply for 2 years from the date of the purchase.
Except as stated above, no other warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to the goods displayed or sold on this Website
Governing law, severability, dispute resolution and venue
These Terms of service shall be governed and construed in accordance with the laws of the state of Florida, United States, without regard to its conflict of laws provisions. These Terms of service shall not be governed by the United Nations convention on contracts for the sale of international goods, the Uniform Commercial Code, nor Incoterms.
Our failure to enforce any right or provision of these Terms of service will not be considered a waiver of that right or provision. If any provision of these Terms of service is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of service will remain in effect. These Terms of service constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.
Any controversy or claim arising out of or relating to these Terms of service including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Broward County, Florida.
You and EMC Shocks LLC agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.
Changes to Terms of Service
We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service.