Terms & Conditions
THIS AGREEMENT GOVERNS YOUR USE OF THIS WEBSITE AND PURCHASE OF PRODUCTS FROM LP GEAR. READ IT CAREFULLY. BY USING THIS WEBSITE AND/OR ORDERING PRODUCT(S) YOU ARE AGREEING TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS PLEASE DO NOT USE THIS SITE.
"Product" shall mean parts, accessories and instructions including but not limited to related documentation sold by LP Gear.
"Content" shall mean all content on the LP Gear website including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material.
Order Acceptance by LP Gear and Acceptance of This Agreement by Customer
All orders placed by Customer with LP Gear shall be subject to acceptance or cancellation by LP Gear at anytime. By placing an order with LP Gear hereby designated as the Seller, Customer acknowledges that he/she has read the policies, is aware of and fully accepts these terms and conditions.
For all products, Seller reserves the right to adjust prices at anytime prior to or after an order due to errors, omissions, unavailability, out of stock, out of inventory or changing market conditions. If you order a product that was incorrectly priced, we will cancel your order and credit you for any charges. In the event that we inadvertently ship an order based on a pricing error, we will issue a revised invoice to you for the correct price and contact you to obtain your authorization for the additional charge, or assist you with return of the product. If the pricing error results in an overcharge to you, LP Gear will credit your account for the amount overcharged. Product descriptions, pricing, features, specification sheets and advertisements are prepared in advance and may not reflect latest accurate information.
Also, LP Gear may sometimes indicate a "0" price value for a product. It is a placeholder for out-of-stock or the price is subject to determination requiring relevant information to be supplied by the customer.
Products Updates, Revisions and Availability
LP Gear continually updates and revises products. Products are subject to availability. Seller does not guarantee product availability and may revise, discontinue or refuse to sell any product(s) at any time at its sole discretion. Variations from what is shipped and what is described in marketing materials (product descriptions, ads, catalogs, specification sheets, documentations, etc.) are possible and can occur.
The terms of payment are determined at LP Gear's sole discretion. LP Gear accepts MasterCard, Visa, American Express, Discover, Paypal, Checks, Money Order, Bank Drafts and Wire Transfers. The terms of payment must be agreed upon prior to acceptance of an order by LP Gear. Seller will usually charge credit cards prior to shipment.
The Seller's payment terms are subject to change without notice at seller's sole discretion.
Prices do not include any sales, local or other similar taxes. All such taxes shall be the liability of and shall be paid for by Customer.
Shipping and Handling
Product prices do not include shipping and handling. Seller will use its discretion in selecting a reputable carrier and appropriate means of shipment. Risk of loss or damage to Products in transit is Customer's. In the event of Product damage or loss during transit, it is the responsibility of Customer to file a claim with the carrier.
LP Gear makes no warranties except those expressly stated by the manufacturer in their warranty cards included with specific products. LP GEAR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURCHASE.
Transactions are processed in United States Dollars (US$). Foreign exchange differences and fees that may occur when a customer uses a foreign currency method of payment are the sole liability of the customer.
Limitation of Liability
A PARTY'S LIABILITY SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS SALE, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE. NEITHER PARTY SHALL HAVE ANY LIABILITY TO THE OTHER FOR INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
We can cancel and void an order for a customer as long as it has not yet been invoiced or shipped. Please provide the following information when you request for an order cancellation:
- Order number
- Order date
- Customer name and address
If the order has been invoiced or shipped, obtain the tracking number(s) for the order(s) you do not want and call the shipping carrier to refuse those shipments. If unable to do so, you can also refuse the shipment at the time of delivery. You will be refunded when those items are returned to, received and inspected by LP Gear. S&H is not refundable and a restocking fee may apply.
Prior to returning any item, Customer must obtain a Return Merchandise Authorization (RMA) number. No returns, of any type, will be accepted without a RMA number. Please provide the following information when you request for a RMA number:
- Copy of Sales Receipt
- Nature of problem (reason for return)
- Course of action sought on the merchandise to be returned
- The RMA number must appear on top of the box or on return shipping label. A RMA number is valid for fifteen (15) days from issue date.
- Items for return must be sent to:
- LP Gear
3024 Via Venezia
Henderson, NV 89052
- LP Gear
- Special Ordered items are purchased by the customer under NO REFUND, NO EXCHANGE policy. Item description will state 'Special Order' on the sales receipt or invoice.
- Cross shipments are considered as new order and are charged at the full price of the product and a non-refundable shipping and handling charge.
- Restocking Processing Fee: For belts and all other merchandise, a 15% restocking fee will be charged if returned new and unused within 20 days. For cartridges and styli, a 30% restocking fee, based on the original purchase price or current purchase price whichever is lower, will be charged if returned as new and unused within 20 days. Shipping and Handling is not part of the purchase price and is not refundable. MINIMUM RETURN RESTOCKING PROCESSING FEE FOR ANY REFUND OR CREDIT IS $10.00 No refund will be issued after 20 days or if the product is returned damaged, abused, used or incomplete.
- Defective Return: Defective return will be for repair or replacement only, at Seller's sole discretion; otherwise a request for refund will be subject to applicable restocking fee stated above. All defective merchandise must be returned in its entirety including packing material, manuals and all other accessories within twenty (20) days of the invoice date. As in returning a defective product to a local store where the customer incurs the time and gas to return the product for replacement, the cost of shipping and handling to return the product is at the customer's expense.
- All returned merchandise is inspected and tested. If the returned merchandise upon inspection is determined to be defective it will be repaired or replaced at the Seller's discretion. If the returned merchandise upon inspection is determined to have been damaged due to end-user error, mishandling, misuse, abuse or NOT to be defective it will be returned to the customer at the customer's expense.
- All shipping and insurance charges on all returns must be prepaid by the customer and are not refundable. NO COD'S WILL BE ACCEPTED.
- All returns for credit or exchange must be done within twenty (20) days of the invoice date.
- All returns for credit must be in resalable, new and unused condition, include original packing material, manuals and all other accessories provided upon original delivery.
- All returns received new and unused for refund on belts and other equipment will be at eighty five percent (85%) of the original purchase price or eighty five percent (85%) of current market price, whichever is lower. All returns received new and unused for refund on cartridges and styli will be at seventy percent (70%) of the original purchase price or seventy percent (70%) of current offered price, whichever is lower. Shipping and Handling is not part of the purchase price and is not refundable. THE MINIMUM RETURN RESTOCKING PROCESSING FEE FOR ANY REFUND OR CREDIT IS $10.00
- Packages refused at the time of delivery will be considered a return and is subject to the previously stated restocking processing fee.
- Customer agrees to read product descriptions linked to product heading and models. All product-related and product description questions including compatibility to existing set-up must be initiated and resolved prior to the order placement by Customer.
Security & Privacy
LP Gear respects the privacy and confidentiality of Customer infomation and takes great care in maintaining the security of personal information and in preventing unauthorized access through the appropriate technology and internal procedures. However, Seller does not guarantee that unauthorized access will never occur.
THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND LP GEAR arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, LP Gear's advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEVADA USA, WITHOUT REGARD TO CONFLICTS OF LAW, WITHOUT REGARD TO CHOICE OF LAW PROVISIONS AND NOT BY THE 1908 U.N. CONVENTION ON CONTRACTS FOR INTERNATIONAL SALE OF GOODS.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND LP GEAR arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), LP Gear's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com, or via telephone at 1-800-474-2371). In the event of any inconsistency or conflict between NAF Code of Procedure and this Agreement, this Agreement shall prevail. The arbitration will be limited solely to the dispute or controversy between customer and LP Gear. NEITHER CUSTOMER NOR LP GEAR SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The individual (non-class) nature of this dispute provision goes to the essence of the parties' arbitration agreement, and if found unenforceable, the entire arbitration provision shall not be enforced. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Each party shall pay for its own costs and attorneys' fees, if any. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405.
Any cause of action or claim Customer may have with respect to the site (including but not limited to the purchase of LP Gear products) must be commenced within one (1) year after the claim or cause of action arises. LP Gear'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. LP Gear may assign its rights and duties under this Agreement to any party at any time without notice to you.
All content on the LP Gear website including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material is protected by copyright, trademark, patent or other proprietary rights. All Content is copyrighted as a collective work under the U.S. and international copyright laws.
The LP Gear logo and other trademarks in the site are the property of their respective owners and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
By using the LP Gear website, Customer agrees that except for purchase and personal information, any information, materials, suggestions, ideas or comments you send is not confidential. By submitting any solicited or unsolicited information to LP Gear, Customer grants an irrevocable and unrestricted license to modify, reproduce, display, transmit and use for any purpose whatsoever permitted by law.
LP Gear may deliver notice to Customer by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to LP Gear.
Customer agrees to indemnify, defend, and hold harmless LP Gear, its officers, directors, employees, agents, licensors and suppliers 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.
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 LP Gear without notice at any time, for any reason. The provisions relating to Proprietary Rights, Limitation of Liability, and Indemnification shall survive any termination.