Terms & Conditions
TERMS AND CONDITIONS OF USE
Welcome to the Elite Custom Machine online store. We are pleased to provide you
with the goods and services described in this site subject to the following
conditions. If you visit or shop at this site, you accept these conditions.
Please read them carefully. In addition, when you use any current or future
options on this site, you also will be subject to the guidelines and conditions
applicable to such service or business.
PRIVACY AND ELECTRONIC COMMUNICATION
To understand our practices, please review our Privacy Notice, which also
governs your visit to this site. When you visit this site or send emails to us,
you are communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with you by email or
by posting notices on this site. You agree that all agreements, notices,
disclosures, and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing.
LICENSE AND SITE ACCESS
We grant you a limited license to access and make personal use of this site and
not to download (other than page caching) or modify any portion of it, except
with our express written consent. This license does not include any resale or
commercial use of this site or its contents; any collection and use of any
product listings, descriptions, or prices; any derivative use of this site or
its contents; any downloading or copying of account information for the benefit
of another merchant; or any use of data mining, robots, or similar data
gathering and extraction tools. This site or any portion of this site may not
be reproduced, duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without our express written consent. You
may not frame or utilize framing techniques to enclose any of our trademarks,
logos, or other proprietary information (including images, text, page layout,
or form) without express written consent. You may not use any meta tags or any
other "hidden text" utilizing our name or trademarks without our the express
written consent. Any unauthorized use terminates the permission or license
granted by us. You are granted a limited, revocable, and nonexclusive right to
create a hyperlink to the Home page of this site so long as the link does not
portray us, our dealers, or our products or services in a false, misleading,
derogatory, or otherwise offensive matter. You may not use any of our logos or
other proprietary graphic or trademark as part of the link our without express
written permission.
YOUR ACCOUNT
If you use this site, 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. This site does/may sell products for children, but it
sells them to adults, who can purchase with a credit card. If you are under 18,
you may use this site only with involvement of a parent or guardian. We, our
dealers and our affiliates reserve the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in their sole discretion.
RISK OF LOSS
All items purchased from this site are made pursuant to a shipment contract.
This means that the risk of loss and title for such items pass to you upon our
delivery to the carrier.
PRODUCT DESCRIPTIONS
We and our dealers attempt to be as accurate as possible. However, we do not
warrant that product descriptions or other content of this site is accurate,
complete, reliable, current, or error-free. If a product offered by us is not
as described, your sole remedy is to return it in unused condition.
PRICING
With respect to items sold by us, we cannot confirm the price of an item until you
order. Despite our best efforts, a small number of the items in our catalog may
be mispriced. If we discover a mispricing, we will do one of the following:
- If an item's correct price is lower than our stated
price, we will charge the lower amount and ship you the item.
- If an item's correct price is higher than our stated
price, we will, at our discretion, either contact you for instructions
before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies
only to products sold and shipped by us and/or our dealers.
CANCELLATIONS
Once production has begun on custom built/special orders or
we begin to order parts to complete an order the order cannot be cancelled.
SHIPPING
Your shopping cart reflects an estimated shipping cost, based on the shipping
method you chose. This cost assumes all items in your cart are going to a
single address within the contiguous United States. Some items may require
special handling due to their size and/or weight, which will result in an
additional charge. When we process your order we will make any necessary
adjustments in shipping costs and notify you of changes via email. Rates are
subject to change without notice.
RETURNS
You may return most new, unopened items which were not special orders/custom
built products within 30 days of delivery for a full refund. Items should be
returned in their original packaging. We'll also pay the return shipping costs
if the return is a result of our error (if you received an incorrect or
defective item, etc.). All returns will be subject to a 25% restocking fee.
Special order items cannot be returned. We will not accept returns on
merchandise that was opened, used, attempted to install, is missing the serial number or UPC, or
returned more then 30 days after delivery. If you would like to make a return
or exchange, you must contact us by phone or email and receive an RMA number
before returning your items. Items returned to us without notification will not
be eligible for a refund or exchange.
DISCLAIMER OF WARRANTIES AND
LIMITATION OF LIABILITY
THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. NEITHER WE NOR OUR DEALERS MAKES ANY REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY
APPLICABLE LAW, WE AND OUR DEALERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE, ITS
SERVERS, OR EMAIL SENT FROM US, OUR DEALERS, OR AFFILIATES FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. WE, OUR DEALERS, AND AFFILIATES WILL NOT BE LIABLE
FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT
NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL
DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY
TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
SITE POLICIES, MODIFICATION, AND
SEVERABILITY
Please review our other policies posted on this site. We reserve the right to
make changes to our site, policies, and these Conditions of Use at any time. If
any of these conditions shall be deemed invalid, void, or for any reason
unenforceable, that condition shall be deemed severable and shall not affect
the validity and enforceability of any remaining condition.