| Terms & Conditions of Use
Thank you for shopping at this Scottie's Canvas &
Marine Outfitters, Inc. ("Scottie's") web site ("Site").
Your activities and acquisitions at the Site are governed by:
(a) the Shop Terms & Conditions which are set forth below,
and (b) the conditions, notices and consents that are provided
or obtained in connection with the Site (collectively, "Agreement").
As used in the Agreement "you" are an individual acting on
your own behalf, or "you" are an agent of a person or entity that
has authorized you to act on that person’s or entity’s behalf.
By using the Site or by placing an order through it, you agree
as follows:
TABLE OF CONTENTS
- Privacy, Security and Your Obligation
For Use of Your Information.
- WARRANTIES & WARRANTY DISCLAIMER
REGARDING ITEMS YOU ACQUIRE.
- NOTICE OF ABILITY TO OBTAIN COPY
OF LIMITED WARRANTIES.
- EXCLUSIVE REMEDY; DAMAGE EXCLUSIONS
& LIMITATIONS.
- License to Use the Site.
- Your Representations & Warranties.
- Electronic Communications; Notices.
- Submission of Comments; Ideas and
Other Information.
- Promotions.
- Order Availability, Shipping &
Cancellation.
- Payment & Pricing; Credit for
Refunds.
- Correction of Errors
- Changes to Shop Terms & Conditions.
- Miscellaneous; Entire Agreement.
- Privacy, Security and Your
Obligation For Use of Your Information.
Our Privacy Policy is a part of this Agreement and its terms
are incorporated by this reference. Please read it now (by clicking
on "Privacy Policy"). The
policy explains how certain information about you may be used.
You acknowledge and agree that Scottie's may exchange, use and
store information about you and your orders in accordance with
our Privacy Policy.
If an order is placed through the Site with your information,
we will assume that you have either placed the order yourself
or have provided information to or received it from someone
who is authorized to place the order. Subject to applicable
law, you agree that we may make that assumption and that you
will be obligated for that order. So please protect and guard
access to your computer, your personal information and card
number.
Back to top
- WARRANTIES & WARRANTY
DISCLAIMER REGARDING ITEMS YOU ACQUIRE.
Scottie's does provide warranties for certain software and other
items, but only if a warranty labeled "Limited Warranty" is
delivered with the item. Any Limited Warranty will be found
or referenced in the product documentation. Not all products
come with a warranty. For example, Scottie's does not provide
any warranties with free or bundled items. Any Limited Warranty
does not include any statements made on packaging or in manuals
and other documentation - you agree that those are provided
and will be accepted by you for informational or instructional
purposes only and not as warranties. UNLESS YOU ARE PROVIDED
A LIMITED WARRANTY THAT APPLIES TO THE PARTICULAR ITEM you have
obtained, ALL ITEMS ARE SUPPLIED AS IS AND WITH ALL FAULTS,
to the full extent allowed by applicable law. ALSO, SCOTTIE'S
DOES NOT PROVIDE ANY WARRANTY OF TITLE, OR ANY WARRANTY AGAINST
INTERFERENCE WITH YOUR ENJOYMENT OF THE ITEM OR AGAINST INFRINGEMENT.
Back to top
- NOTICE OF ABILITY TO OBTAIN
COPY OF LIMITED WARRANTIES.
For items that come with a Limited Warranty, you may obtain
a free copy of the Limited Warranty by contacting Customer Service
for more information at: (800) 780-8677.
Back to top
- EXCLUSIVE REMEDY; DAMAGE
EXCLUSIONS & LIMITATIONS Regarding Scottie's Products.
Unless a Scottie's license or other Scottie's contract provides
for different remedies, damages or limits, your exclusive remedy
against Scottie's for any breach of warranty or contract under
this Agreement including without limitation, the Privacy Policy,
is limited to repair, replacement or refund with respect to
the item in question, at Scottie's option and subject to applicable
law. EXCEPT FOR DAMAGES THAT ARE REQUIRED BY LAW TO BE PAID,
YOU WILL ONLY BE ENTITLED TO THE DIRECT DAMAGES THAT YOU ACTUALLY
INCUR IN REASONABLE RELIANCE, UP TO THE AMOUNT OF A REFUND OF
THE PRICE (PLUS SALES TAX) THAT YOU PAID FOR THE ITEM. YOU WILL
NOT BE ENTITLED TO ANY INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES,
INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR
CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION,
FOR PERSONAL INJURY, FOR LOSS OF PRIVACY FOR FAILURE TO MEET
ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR
NEGLIGENCE OR NEGLIGENT MISREPRESENTATION, AND FOR ANY OTHER
PECUNIARY OR OTHER LOSS WHATSOEVER, EVEN IN THE EVENT OF THE
FAULT OF SCOTTIE'S (OR ANY SUPPLIER), OF TORT (INCLUDING NEGLIGENCE),
STRICT OR PRODUCT LIABILITY, BREACH OF CONTRACT OR BREACH OF
WARRANTY, AND EVEN IF SCOTTIE'S OR ANY SUPPLIER HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS
REGARDING DAMAGES WILL APPLY EVEN IF ANY REMEDY FAILS.
Back to top
- License to Use the Site.
We hereby grant you the right to view and use the Site solely
for the purpose of shopping in accordance with the Agreement.
You may download and print copies of these Shop Terms &
Conditions, and of screens from this Site for the purpose of
retaining records of your transactions at the Site. Subject
to applicable law, Scottie's reserves the right to suspend or
deny, in its sole discretion, your access to all or any portion
of the Site with or without notice.
Back to top
- Your Representations &
Warranties.
You represent and warrant for the benefit of Scottie's that:
(a) you are at least 18 years of age; (b) you possess the legal
right and ability to enter into this Agreement and make the
credit card charge on your own behalf or on behalf of any person
for whom you are acting as agent and/or that you are authorized
to use the information required to purchase from the Site; and
(c) all information that you submit to us is true, accurate
and current.
Back to top
- Electronic Communications; Notices.
Shopping at the Site is conducted electronically and you agree
that we can communicate with you electronically. For example,
we may send you email asking about your experience with Scottie's,
email notices and other disclosures about your orders, and if
you forget or lose your order information, you agree that we
may supply it by email to your computer. However, since email
delivery is not infallible, you also agree to contact Scottie's
for order information such as order status or shipping delays.
You agree to keep all records relating to your order, including,
where possible, printing a copy of your order confirmation page.
To the extent allowed by law, you agree that the above replaces
and satisfies any law that provides for different methods or
timing for your receipt of notices relating to your transaction.
Scottie's also reserves the right to deliver notices and disclosures
by other means such as postal mail, and to receive notices in
writing when that method is specified elsewhere in this Agreement.
Back to top
- Submission of Comments;
Ideas and Other Information.
Any comments or information that you provide to Scottie's, for
example feedback or ideas in response to a customer survey regarding
the Site, suggestions, ideas, concepts, or other information
(collectively, the "Submissions"), shall be deemed, and shall
remain, the property of Scottie's. None of the Submissions shall
be subject to any obligation of confidence on the part of Scottie's,
and Scottie's shall not be liable for any use or disclosure
(including publication in any medium) of any Submissions. Without
limitation of the foregoing, Scottie's shall exclusively own
all now known or hereafter existing rights to the Submissions
of every kind and nature and shall be entitled to unrestricted
use of the Submissions for any purpose, commercial or otherwise,
without compensation to the provider of the Submissions.
Back to top
- Promotions.
No promotion (e.g., special price discount) is offered by Scottie's
unless the promotion explicitly so states. You agree that offers
from non-Scottie's companies on the Site are solely liable for
their promotions and that Scottie's is not liable. You also
agree to comply with all terms of a promotion. Note: some promotions
will be subject to quantity and other restrictions, including
without limitation, time limits that could expire during your
visit to the Site. Scottie's reserves the right to withdraw
or refuse to honor any promotion that has been altered or modified
– other than by Scottie's.
Back to top
- Order Availability, Shipping
& Cancellation.
All items ordered from Scottie's are subject to availability.
We reserve the right to reject any and all orders. Subject to
applicable law, Scottie's reserves the right to deliver items
acquired as part of your order at different times in the event
that they are not available for shipment at the same time. Scottie's
also reserves the right to limit the quantity of any items that
may be obtained by you through this Site.
All orders placed through this Site are shipment contracts,
not destination contracts. If you would like your item(s) delivered
at a particular location, you will be responsible for the shipping
charges. Shipping and handling charges may or may not reflect
actual costs and may be amended by Scottie's from time to time.
You may cancel all or any part of your order before you submit
the order. You may not cancel after shipment, but may return
any item that qualifies for return under any applicable return
policy.
Back to top
- Payment; Credit for Refunds
& Pricing.
All prices on this site are in U.S. dollars. All prices and
availability of products are subject to change without notice.
Though we strive to have the web site display the most accurate
price, errors do happen, and Scottie's Canvas reserves the
right to charge our normal price if a web site pricing error
occurs. In the event that actual pricing is different from
prices listed on this site, we will contact you with the correct
information and await confirmation from you before processing
your order.
Taxes may be adjusted from the amount shown on the billing screens.
Several factors may cause this, such as variances between processor
programs and changes in tax rates.
Only valid credit cards acceptable to Scottie's may be used
for orders placed with Remote Cart, and all refunds will be
credited to the same card. By submitting your order for processing,
you authorize us to charge your order (including taxes, shipping,
handling and any amounts described on the Site before order
submission) to your card. If your card cannot be verified,
is invalid, or is not otherwise acceptable, your order may
be suspended or cancelled automatically. You agree to use
current information at all times and that we may submit charges
for processing even if your card has expired. You must resolve
any problem before proceeding with your order.
Back to to
- Correction of Errors
Scottie's Canvas has made every effort to make
sure the information on this site is correct. However, in the
event that any information on this site, including price information,
is incorrect, Scottie's Canvas & Marine Outfitters, Inc.
assumes no liability for damages incurred directly or indirectly
as a result of incomplete or incorrect information. If you do
find any information that is incorrect, please e-mail us so
the error can be corrected.
We do reserve the right to correct any errors or inaccuracies
and change or update information at any time without prior notice.
Back to to
- Changes to our
Terms & Conditions.
This Site is like a store: every time a customer enters a store
the customer is bound by the rules in effect on the date of
the customer's visit. Similarly, at this Site, you are bound
by the version of this Agreement that is in effect on the date
of your visit or order. The terms of this Agreement may change
from time to time so please review it.
Back to top
- Miscellaneous;
Entire Agreement.
If any part of this Agreement is determined to be invalid or
unenforceable, then the invalid or unenforceable provision will
be deemed superseded by a valid, enforceable provision that
most closely matches the intent of the original provision, and
the remainder of the Agreement shall continue in effect. The
Agreement (including any related consents or agreements that
you provide during your visit to the Site) together with any
license or agreement with Scottie's delivered in connection
with any item acquired via the Site, constitutes the entire
agreement between you and Scottie's with respect to the Site
and that item, and supersedes all other (prior or contemporaneous)
communications and proposals, whether electronic, oral or written,
between you and Scottie's regarding the Site and/or any order
you place through it.
Back to top
|
