Terms and Conditions
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.
Copyright
The entire content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States
and other copyright laws, and is the property of Nomad Lacrosse Distributors LLC. The
collective work includes works that are licensed to Nomad Lacrosse Distributors LLC.
Copyright 2010, Nomad Lacrosse Distributors LLC ALL RIGHTS RESERVED. Permission is granted
to electronically copy and print hard copy portions of this site for the sole
purpose of placing an order with Nomad Lacrosse Distributors LLC or purchasing
Nomad Lacrosse Distributors LLC products. You may display and, subject to any expressly
stated restrictions or limitations relating to specific material, download or
print portions of the material from the different areas of the site solely for
your own non-commercial use, or to place an order with Nomad Lacrosse Distributors LLC or
to purchase Nomad Lacrosse Distributors LLC products. Any other use, including but not
limited to the reproduction, distribution, display or transmission of the
content of this site is strictly prohibited, unless authorized by
Nomad Lacrosse Distributors LLC. You further agree not to change or delete any proprietary
notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Nomad Lacrosse Distributors LLC used in
the site are trademarks or registered trademarks of Nomad Lacrosse Distributors LLC. All
other trademarks that appear on this website are the property of their
respective owners and are used solely to refer to those companies’ goods and
services.
Warranty Disclaimer
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, Nomad Lacrosse Distributors LLC
disclaims all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose and
non-infringement. Nomad Lacrosse Distributors LLC does not represent or warrant that the
functions contained in the site will be uninterrupted or error-free, that the
defects will be corrected, or that this site or the server that makes the site
available are free of viruses or other harmful components. Nomad Lacrosse Distributors LLC
does not make any warrantees or representations regarding the use of the
materials in this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do not permit
limitations or exclusions on warranties, so the above limitations may not apply
to you.
Returns and Exchange
All
returns must be pre-approved with an RMA #. Return shipping costs are the
responsibility of the purchaser unless otherwise agreed to prior. All returns
must be submitted in original packaging and original condition . Please check size and color prior to checkout.
Returns
and Exchanges of Merchandise At LacrosseBallStore a division of Nomad Lacrosse
Distributors LLC we strive hard to keep inventory available for our customers
and hope that you are always completely satisfied. If there is a problem with a
purchase please contact us for a return authorization number. Please return the
product with all original packing and packaging. Most products may be returned
for a refund, store credit or exchange within 7 days of the date of original
delivery to you provided that the products are returned in their original
condition. Return Shipping costs are the responsibility of the buyer. After 7
days, these items must be returned to the manufacturer. Most electronic items
can NOT be returned for a refund, store credit or exchange. These items are
under factory warranty. All returns/replacements of these items will be handled
by the manufacturers. Some examples of these items are electronic scoreboards,
megaphones, stopwatches, etc. All goals and replacement nets are not returnable
or exchangeable. All sales are final.. Pre-Approved returns to
LacrosseBallStore are subject to a 25% restocking fee at the discretion of LacrosseBallStore..
Limitation of Liability
Nomad Lacrosse Distributors LLC shall not be liable for any special or consequential
damages that result from the use of, or the inability to use, the materials on
this site or the performance of the products, even if Nomad Lacrosse Distributors LLC has
been advised of the possibility of such damages. Applicable law may not allow
the limitation of exclusion of liability or incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Nomad Lacrosse Distributors LLC product is mistakenly listed at an
incorrect price, Nomad Lacrosse Distributors LLC reserves the right to refuse or cancel any
orders placed for product listed at the incorrect price. Nomad Lacrosse Distributors LLC
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,
Nomad Lacrosse Distributors LLC shall issue a credit to your credit card account in the
amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Nomad Lacrosse Distributors LLC
without notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice
Nomad Lacrosse Distributors LLC may deliver notice to you by means of e-mail, a general
notice on the site, or by other reliable method to the address you have
provided to Nomad Lacrosse Distributors LLC.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the
state of New Jersey, U.S.A., without regard to choice of law provisions, and
not by the 1980 U.N. Convention on contracts for the international sale of
goods. You agree that jurisdiction over and venue in any legal proceeding
directly or indirectly arising out of or relating to this site (including but
not limited to the purchase of Nomad Lacrosse Distributors LLC products) shall be in the
state or federal courts located in Monmouth County, New Jersey Any cause of
action or claim you may have with respect to the site (including but not
limited to the purchase of Nomad Lacrosse Distributors LLC products) must be commenced
within one (1) year after the claim or cause of action arises.
Nomad Lacrosse Distributors LLC's failure to insist upon or enforce strict performance of
any provision of these terms and conditions shall not be construed as a waiver
of any provision or right. Neither the course of conduct between the parties
nor trade practice shall act to modify any of these terms and conditions.
Nomad Lacrosse Distributors LLC may assign its rights and duties under this Agreement to
any party at any time without notice to you.
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 Nomad Lacrosse Distributors LLC 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.
Participation Disclaimer
Nomad Lacrosse Distributors LLC 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, Nomad Lacrosse Distributors LLC 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,
Nomad Lacrosse Distributors LLC 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 Nomad Lacrosse Distributors LLC in its sole discretion.
Advertising
It is our firm intention to have every advertised item in stock. Occasionally,
however, an advertised item may be unavailable for purchase because of
unforeseen difficulties. We have done our best to ensure all information is
accurate and up to date. Errors and omissions occasionally occur and are
subject to correction. Pricing and item availability may vary
Indemnification
You agree to indemnify, defend, and hold harmless Nomad Lacrosse Distributors LLC, 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.
SafeBrowsing
Your use of and browsing in the website
are at your risk. While we take reasonable steps to attempt to guard
against viruses, some risk of virus transmission is unavoidable in any use of
the internet. You should obtain and use your own virus protection
software and keep it up to date. We assume no responsibility or liability for
any viruses that may infect your computer equipment on account of your use of
the website.
Third-Party Links
In an attempt to provide increased value to our visitors, Nomad Lacrosse Distributors LLC
may link to sites operated by third parties. However, even if the third party
is affiliated with Nomad Lacrosse Distributors LLC, Nomad Lacrosse Distributors LLC has no control over
these linked sites, all of which have separate privacy and data collection
practices, independent of Nomad Lacrosse Distributors LLC. These linked sites are only for
your convenience and therefore you access them at your own risk. Nonetheless,
Nomad Lacrosse Distributors LLC 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).
Delivery:
Most deliveries are made Monday thru
Friday between the hours of 8AM and 5 PM, EST excluding holidays. A
Saturday delivery option is available for additional fees.( Does not apply online,must call in order)
Damaged Items & Claims:
All products are fully inspected and
are in perfect condition before being shipped out. When the
merchandise is received, we ask that you inspect the outside of the cartons for
any shipping damage. In the event there is noticeable damage to the
cartons or packaging, we ask that this is noted on the freight bill as “Damaged
Cartons. Subject to inspection”. Do not send back the merchandise.
If you find there is damage to the product, contact us within 24 hours of
receipt and we will either repair or replace the merchandise.
No claims will be honored for packages unopened and inspected past 30 days of receipt.
For missing parts etc. please contact
us by phone at 732-431-2255 (Service Dept.) or email within 7 days of receipt
for replacement parts.
Claims: Apparel
All blank apparel orders shipped to third party screen printers and or any embellishment to garments which results in damage to the product after purchase are the sole responsibility of the buyer. The buyer agrees to indemnify the LacrosseBallStore.com and its parent Nomad Lacrosse Distributors LLC from any and all damages.
All custom garments by LacrosseBallStore.com is warranted against defect and will result in the replacement and or credit towards the purchase.
Any claims for shortages delivered to third party(screen printer)will not be approved.
Pricing:
If there is a pricing error on our web
site, we will contact you with the correct price before processing your
order. Prices are subject to change at any time.
Free shipping option applies to Continental US only. All other locations will be contacted for additional freight prior to shipping.
Discontinued Items:
On occasion, items will be discontinued
without notice. In this case we will contact you with a replacement or
similar product. At this time the order can be canceled without penalty.
Out of stock/Back order items:
In some cases items will be backordered
and out of stock. You will be notified with estimated delivery time. We
cannot give out exact delivery dates since we are waiting for these products
from the factories. In some cases this can take up to 8 weeks. In this instance
you will be given the opportunity to modify your order to a product in stock.
Refunds:
Refunds for canceled or returned orders
can only be credited back to the same credit card used to make the purchase. In
the event that the original credit card is no longer valid, we will mail a
check to the billing address from the original order. Please note it may
take up to 30 days for the refund to post to your credit card statement.
Warranty Information
Most of the products we sell include a
warranty directly from the company that manufactures the product.
Safe Browsing:
Your
use of and browsing in the website are at your risk. While we take
reasonable steps to attempt to guard against viruses, some risk of virus
transmission is unavoidable in any use of the internet. You should obtain
and use your own virus protection software and keep it up to date. We assume no
responsibility or liability for any viruses that may infect your computer
equipment on account of your use of the website.
Terms of Sale:
All
orders are subject to acceptance or rejection by us.
Warranty & Warranty Disclaimers
All
goods are warranted by their respective manufacturers, and we pass these
manufacturer warranties on to you. A copy of the written manufacturer
warranty will be included with your order if it is the manufacturer’s policy to
do so, and may be obtained from us at any time upon request.
LACROSSEBALLSTORE.COM
A DIVISION OF NOMAD LACROSSE DISTRIBUTORS LLC MAKES NO WARRANTIES OF ANY KIND
WITH RESPECT TO THE GOODS IT SELLS. ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED.
SOME STATES OR OTHER
JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE
DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY
FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Layaway
Layaway Terms and Conditions
1. Simply select
Layaway as your form of payment at the time of checkout. By doing so, you are
agreeing to the Layaway Terms and Conditions. Be sure to fill out the Billing
and Shipping information, and please include a phone number that we will be
able to reach you at during the hours of 9:00 a.m. and 5:00 p.m. EST (a mobile
number is typically best although not required). A representative will contact
you on the following business day to take your first payment and to schedule
your remaining payments.
2. All plan payments after the initial deposit will be made on either the
15th or 30th of the month (payments will be processed on the next business day
where the 15th or 30th fall on a weekend or holiday). The standard plan is 1/3
down, 1/3 in 30 days, and the remaining 1/3 in 60 days. These dates and percentages
may be altered during the initial call with our representative.
3. There is no maximum or minimum amount for Layaway orders, and there
are no fees to use the Layaway option as long as your Layaway plan is completed
in the agreed upon time-frame. There will be a cancellation fee if your Layaway
plan is not completed within 30 days of the term originally agreed upon (see #4
below). Any order may be cancelled within 14 calendar days of the original
order date without any cancellation fee. Cancellation must be requested in
writing via email, fax or traditional mail.
Cancellations should be sent to:
sales@lacrosseballstore.com or Lacrosse Ball Store ATTN: Layaway 62 Jackson
Street, Suite 2 Freehold, NJ 07728
4. The cancellation fee is 10% of the purchase
price or twenty-five dollars ($25.00), whichever is greater. * Cancellation
fees, where applicable, will be deducted from any payments already received.
Any remaining credit will be given as a refund in the manner in which the
payments were received.
5. If an installment becomes 30 days past due, the cancellation fee will be
applied immediately, the Layaway will be cancelled, and any remaining credit
will be refunded in the manner in which the payments were received.
6. The price of the items on the date the Layaway begins is the amount
the Layaway order will be billed at, whether the items go on special or
increase in price at a later date.
7. We do not accept any new Layaway's between December 1 and December 31 of
each year.
8. Once your order is received, a representative of the Lacrosse Ball Store
will contact you to arrange the initial payment and to schedule the additional
payments (either party may cancel the Layaway at this time for any reason
without penalty to either party). The representative will send you an email
confirming the payment arrangements. You must respond to this email with your
name and the words “I accept the terms of the below Layaway”.
9. The Lacrosse Ball Store Return/Exchange policy is the same for Layaway as it
is for all other forms of payment.
10. No items will be shipped until all payments have been received and payments
have cleared. This includes all applicable sales tax and shipping costs.
11. All shipping costs are the sole responsibility of buyer including returns.
* Except where prohibited by law.
|
