WEBSITE TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE. BY ACCESSING
THIS WEBSITE, CONTACTING US,
AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND
CONDITIONS.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS
REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US
OR ORDER FROM US. IF
YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
The
website is operated by: Carolina Service Group LP d/b/a
My Spa Guy Service & Repair.
Our contact details are as follows:
Carolina Service Group LP
1150 Hungryneck Blvd
Suite C-209
Mt
Pleasant SC 29464
888-697-7248
1. INTRODUCTION
1.1 You will be able to access most areas of this Website without
registering your details with us. Certain areas of this Website are only open to
you if you register.
1.2 We may revise these terms and conditions at any time
by updating this posting. You should check this Website from time to time to
review the then current terms and conditions, because they are binding on you.
Certain provisions of these terms and conditions may be superseded by expressly
designated legal notices or terms located on particular pages of this Website.
If you do not wish to accept any new terms and conditions after we have given
notice, you should not continue to use this Website.
2. ORDERING
FROM US
2.1 You are deemed to place an order with us by ordering
via our online checkout process. As part of our checkout process you will be
given the opportunity to check your order and to correct any errors. We will
send you an order acknowledgement, detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we change the order status to
pending. We will send you confirmation by email. Unless we have notified you
that we did not accept your order, it will ship within 24-48 hours. If you
request urgent processing, your item can ship as soon as 2 hours after
successful processing of your payment.
2.3 We may refuse to accept an order;
3. PRICING
3.1 Our prices do not include any Taxes
for any locale or state other than South Carolina; however, we are currently
working on accepting tax payments for all 50 states. You agree as the customer
to abide by your state laws and submit use tax as required by your state.
3.2
Where we charge separately for packing and insurance and other relevant charges,
the appropriate rates are set out in our specified pricing structure shown
elsewhere on this Website.
3.3 Our prices are reviewed monthly and the next
review will be on the 5th of each month.
4. CANCELLATION AND
RETURNS POLICY
4.1. If you wish to cancel your order:
4.2. You can return goods you have ordered from us for any reason; however, you must obtain an RMA # prior to return and submit a copy of the tracking information within 7 days of product receipt for a full refund or exchange credit. Shipping Costs are non-refundable and return shipping shall be the customers responsibility. Damage in transit must be documented at time of delivery.
4.3. Upon return receipt of the goods we will give you full credit of the
purchase price.
4.4. The rights to return the goods to us as referred to in clause 4.3 will not apply in the following circumstances:
The provisions of this clause do not affect your statutory rights.
5. LICENCE
5.1 You are permitted to print and
download extracts from this Website for your own use on the following basis:
5.2 Unless otherwise stated, the copyright and other intellectual property
rights in all material on this Website (including without limitation photographs
and graphical images) are owned by us or our licensors. For the purposes of
these terms and conditions, any use of extracts from this Website other than in
accordance with clause 5.1 above for any purpose is prohibited. If you breach
any of the terms in these terms and conditions, your permission to use this
Website automatically terminates and you must immediately destroy any downloaded
or printed extracts from this Website.
5.3 Subject to clause 5.1, no part of
this Website may be reproduced or stored in any other website or included in any
public or private electronic retrieval system or service without our prior
written permission.
5.4 Any rights not expressly granted in these terms are
reserved.
6. SERVICE ACCESS
6.1 While we endeavor
to ensure that this Website is normally available 24 hours a day, we will not be
liable if for any reason this Website is unavailable at any time or for any
period.
6.2 Access to this Website may be suspended temporarily and without
notice in the case of system failure, maintenance or repair or for reasons
beyond our control.
7. VISITOR MATERIAL AND CONDUCT
7.1 Other than personally identifiable information, which is covered under
the
Privacy Policy, any material you transmit or post to this Website will be
considered non-confidential and non-proprietary. We will have no obligations
with respect to such material. We and our nominees will be free to copy,
disclose, distribute, incorporate and otherwise use such material and all data,
images, sounds, text and other things embodied therein for any and all
commercial or non-commercial purposes.
7.2 You are prohibited from posting or
transmitting to or from this Website any material:
7.3 You may not misuse the Website (including, without limitation, by
hacking).
7.4 We will fully co-operate with any law enforcement
authorities or court order requesting or directing us to disclose the identity
or locate anyone posting any material in breach of clauses 7.2 or 7.3.
8.
LINKS TO AND FROM OTHER WEBSITES
8.1 Links to third
party websites on this Website are provided solely for your convenience. If you
use these links, you leave this Website. We have not reviewed all of these third
party websites and do not control and are not responsible for these websites or
their content or availability. We therefore do not endorse or make any
representations about them, or any material found there, or any results that may
be obtained from using them. If you decide to access any of the third party
websites linked to this Website, you do so entirely at your own risk.
8.2 If
you would like to link to this Website, you may only do so on the basis that you
link to, but do not replicate, the home page of this Website, and subject to the
following conditions:
8.3 You shall fully indemnify us for any loss or damage we or any of our
group companies may suffer or incur as a result of your breach of clause 8.2.
9. REGISTRATION
9.1 To register with
you must be over eighteen years of age.
9.2 Each registration is for a single
user only. We do not permit you to share your user name and password with any
other person nor with multiple users on a network.
9.3 Responsibility for the
security of any passwords issued rests with you and if you know or suspect that
someone else knows your password, you should contact us immediately.
9.4 We
may suspend or cancel your registration immediately at our reasonable discretion
or if you breach any of your obligations under these terms and conditions.
10. DISCLAIMER
10.1 While we endeavor to ensure that
the information on this Website is correct, we do not warrant the accuracy and
completeness of the material on this Website. We may make changes to the
material on this Website, or to the products and prices described in it, at any
time without notice. The material on this Website may be out of date, and we
make no commitment to update such material.
10.2 The material on this
Website is provided as is without any conditions, warranties or other terms of
any kind. Accordingly, to the maximum extent permitted by law, we provide you
with this Website on the basis that we exclude all representations, warranties,
conditions and other terms (including, without limitation, the conditions
implied by law of satisfactory quality, fitness for purpose and the use of
reasonable care and skill) which but for these terms and conditions might have
effect in relation to this Website.
11. LIABILITY
11.1 We, any other party (whether or not involved in creating, producing,
maintaining or delivering this Website), and any of our group companies and the
officers, directors, employees, shareholders or agents of any of them, exclude
all liability and responsibility for any amount or kind of loss or damage that
may result to you or a third party (including without limitation, any direct,
indirect, punitive or consequential loss or damages, or any loss of income,
profits, goodwill, data, contracts, use of money, or loss or damages arising
from or connected in any way to business interruption, and whether in tort
(including without limitation negligence), contract or otherwise) in connection
with this Website in any way or in connection with the use, inability to use or
the results of use of this Website, any websites linked to this Website or the
material on such websites, including but not limited to loss or damage due to
viruses that may infect your computer equipment, software, data or other
property on account of your access to, use of, or browsing this Website or your
downloading of any material from this Website or any websites linked to this
Website.
11.2 Nothing in these terms and conditions shall exclude or limit
our liability for
11.3 If your use of material on this Website results in the need for
servicing, repair or correction of equipment, software or data, you assume all
costs thereof.
11.4 You agree to indemnify us fully, defend and hold us, and
our officers, directors, employees and agents, harmless from and against all
claims, liability, damages, losses, costs (including reasonable legal fees)
arising out of any breach of the terms and conditions by you, or your use of
this Website, or the use by any other person using your registration details.
12. DISPUTES, GOVERNING LAW AND JURISDICTION
12.1
These terms and conditions shall be governed by and construed in accordance with
South Carolina law.
12.2 We do not warrant that materials/items for sale on
the Website are appropriate or available for use outside the United States. It
is prohibited to access the Website from territories where its contents are
illegal or unlawful. If you access this Website from locations outside the
United States, you do so at your own risk and you are responsible for compliance
with local laws.
12.3 By utilizing our services you agree and bind your self
to this agreement the same as if you signed your name hereon. In the event of
any dispute, claim, question, or disagreement arising from or relating to our
services or the breach thereof, the parties hereto shall use their best efforts
to settle the dispute, claim, question, or disagreement. To this effect, they
shall consult and negotiate with each other in good faith and, recognizing their
mutual interests, attempt to reach a just and equitable solution satisfactory to
both parties. If they do not reach such solution within a period of 10 days,
then, upon notice by either party to the other, all disputes, claims, questions,
or differences shall be finally settled by arbitration administered by the
American Arbitration Association in accordance with the provisions of its
Commercial Arbitration Rules. If a dispute arises out of or relates to this
agreement, or the breach thereof, and if the dispute cannot be settled through
negotiation, the parties agree first to try in good faith to settle the dispute
by mediation administered by the American Arbitration Association under its
Commercial Mediation Procedures before resorting to arbitration, or some other
dispute resolution procedure. Any controversy or claim arising from or relating
to this agreement or the breach thereof shall be settled by arbitration
administered by the American Arbitration Association or any other national
arbitration association recognized by the courts - under its [applicable]
Procedures for Disputes, and judgment on the award rendered by the arbitrator(s)
may be entered in any court having jurisdiction thereof
13.
MISCELLANEOUS
13.1 You may not assign, sub-license or otherwise
transfer any of your rights under these terms and conditions
13.2 If any
provision of these terms and conditions is found by any court of competent
jurisdiction to be invalid, the invalidity of that provision will not affect the
validity of the remaining provisions which shall continue to have full force and
effect.
13.3 Only the parties to these terms and conditions may seek to
enforce them.
CONTACT
All comments, inqueries
and requests relating to our terms and conditions are welcomed and should be
addressed to
Carolina Service Group 1150 Hungryneck
Blvd., Suite C - 209, Mt. Pleasant SC 29464.
LEGAL AGREEMENT AND DISPUTE
RESOLUTION PROCESS FOR ALL DISPUTES