USER AGREEMENT CONTRACT
This is a contract between you and this Company. Sometimes Company is referred to as "we", "us" or "our". Please note we do not provide warranties. This contract also limits our liability.
Use and or purchases from this website, and/or any affiliated or associated website, constitutes agreement to the following Policies, which are subject to change without notice.
If a policy is not provided, it will be determined at the discretion of management. Any questions about this Contract should be addressed before use or purchase of any item from this site. These policies also apply to any telephone orders.
II. Returns & Exchanges & Refunds
III. Other Terms And Conditions
A. Delivery Timelines.
1. Items are generally shipped within 24-48 business hours of payment. That is not a guarantee, but merely a general rule we try to follow.
2. Customer acknowledges that dates and times may vary due to carrier shipping practices, strikes, delivery location, time of season, weather, quantity of units ordered, and the particular title(s) on the order.
3. Therefore, there is no refund if Customer pays for a certain type of shipping speed (e.g., First Class Mail) and we ship via that method (e.g., First Class Mail), albeit even if well beyond Company's stated 24-48 business hours goal. However, there will be a refund if a customer selects Priority Mail and we ship Media Mail. In these rare instances, the amount of the refund will be the difference between the 2 types of services.
4. Customer agrees that products may be delivered in separate shipments.
5.
Transit times vary but the general ballpark are as follows:
Media Mail: 4-6 weeks from the moment you place your paid order.
First Class: 3-9 days
More information about these types of services can be found at
www.usps.com.
Priority Mail: 2-6 days
Express Mail: 1 day (certain areas are limited to 2 days by the carrier)
6. Tracking numbers are generally utilized; not always, but most of the time. When it is utilized, the # will be emailed to you, the customer, via an automated process. Since the process is automated, we strongly encourage buyers to review their junk/spam folder to see if the automated email was re-rerouted into these folders.
B. Shipping/Transit Mishaps
1. Customer acknowledges and understands that Insurance is available for purchase to cover any shipping mishap from damage to theft and/or loss. Should Customer refuse to purchase the Insurance option, Customer assumes ALL LIABILITY.
2. All packages are FOB Shipper's Premises.
3. Customer agrees that Customer chooses the carrier, and once Company places the order into the shipper's hands (e.g., USPS, UPS, Fed Ex, etc.), that Company has NO CONTROL over the delivery process and therefore agrees that Company shall NOT be held liable for any damages or loss. In short, if a package arrives late or damaged, it is not the responsibility of Company.
C. Shipping Destinations
1. Company reserves the right to ship any item to the "BILL TO" address provided by Customer without notice to the Customer.
2. If a Customer errs in providing the correct "Ship To" information, this Company will NOT accept responsibility and will NOT reship another package and no refund shall be given. If the package is returned to the Company intact, the Company will re-foward the item to the Customer's corrected address, but only after a new flat shipping and handling fee of not less then $15 has been paid. The Company may lower or increase this flat fee at its discretion and with or without notice.
D. Shipping Returns.
1. Returns By The Shipping Carrier.
(a) If the package is returned damaged by the Carrier, the Company will replace the item(s) for the Customer at no charge ONLY if insurance was purchased for that order. If no insurance was purchased, the Company will not replace the item(s) nor provide any refund.
(b) If the package is returned as "undeliverable" by the Carrier, the Company will attempt to contact Customer regarding his/her address. If the error is a result of information provided by Customer, Customer agrees that Company can charge his/her credit card on file $15.00 for the redelivery (more if the nature of the redelivery requires additional fees to the Carrier).
2. Returns By The Customer.
(a) Customer agrees that ALL merchandise that is returned to Company MUST have an RMA # (Return of Materials Authorization). RMAs are provided in written format only, along with an address in which the Customer should ship to, and this information is typically transmitted to the Customer via email. The RMA # must be written on the outside of the package in an obvious way. If an Item is returned without an RMA #, it shall be refused by the Company and may or may not be returned to the sender.
(b) Since Company does not accept returns without an RMA, an item that is nonetheless shipped back to Company without an RMA may or may not be returned to Customer (regardless of whether Company receives, accepts or refuses the item). Customer agrees that Company is not liable for this, and will not seek any refund as a result.
(c) If Company does accept a return without an RMA due to mistake or other cause, it will most likely be thrown in the trash and NO refunds will be provided.
(d) If Company actually returns a package to Customer, that it received without an RMA, Customer agrees that Company may charge his/her credit card on file for the cost of returning items without RMA numbers, and such charge shall be NO LESS then $25.00. No notice will be provided beforehand.
(e) Delivery Refusal. Customer agrees that if s/he refuses to accept delivery of a package, that s/he will not seek a refund. Company will NOT provide refunds where Customer has refused delivery. The proper method is to accept delivery and request an RMA # in writing.
E. Tracking and Delivery
1. Generally, all packages that are shipped by Company have a tracking method provided by the Carrier that typically do not require a signature. Therefore, Customer agrees there are no refunds for claims of "non-receipt" where credible evidence establishes an actual delivery (NOTE: Delivery, not receipt). For example, Company mails you an item with delivery tracking and the US Post Office shows "delivery" (NOTE: not receipt, but simply delivery). Customer nonetheless claims non-receipt. In these very very rare cases, if Customer wants a redelivery or refund, the burden will be upon Customer to submit evidence to Company that the US Post Office erred and there was indeed no delivery. At a minimum, this evidence must be:
(a) Letter from the Postmaster (or Carrier if an alternative shipper was used) on their letterhead stating that the online tracking information showing delivery is outright false;
(b) If shipment was by USPS, a completed PS Form
(c) Sworn and notarized statement from Customer that s/he did not receive the package
(d) Company reserves the right to require additional documentation or evidence.
2. If an item shows as in transit via a tracking method, but still has not arrived after 90 days, it will be deemed "lost" by the carrier. It will be replaced at no charge if insurance is taken out on the package.
3. Non-Receipt. Customer agrees that she/he will wait at a minimum 34 days from the date of the order before filing any dispute/claim/inquiry for non-receipt - that includes with a credit card company, PayPal, Better Business Bureau, etc.. This is simply because packages may get lost in transit, fulfillment delayed, etc., and this provides Company the time to research and resolve any issue. (Customers that paid for express overnight packages need only wait 7 days). Customer further agrees that if she/he breaches this provision, Company may, at its sole discretion, charge Customer's credit card no less then $75.00, without notice to customer, which represents the legal fees and administrative burden of having to defend against such premature filing. If Company has no credit card on file, the Customer agrees to make payment via PayPal. If Customer still refuses, Company may sue to obtain payment, but then the amount will be the amount set in Para III, H below (Liquidated Damages).
4. If Customer disputes Company charge with the Credit Card company on the basis of non-recognition of charge or "fraudulent transaction", but the charge is then shown to be valid (as established by Company), Company shall charge Customer no less than $75.00, without notice to customer.
II. RETURNS, EXCHANGES AND REFUNDS
A. ALL SALES FINAL - NO REFUNDS OR RETURNS.
1. Because DVDs can be easily copied, and questions of quality are so subjective, all DVD sales are considered final and no refunds or rebates or credits shall be given. In other words, we do not want individuals purchasing DVDs, copying them, and then returning the DVDs for their money back.
2. Quality issues. Customer agrees there are no refunds for video and/or audio quality concerns/issues. Company does not want to engage in discussions that the "quality" is a 7 and not an 8, or a 6 and not a 7, or a 3 and not a 9. However, if there is a technical glitch or error, we will replace the offending disc.
3. Technical issues. On rare occasions, a disc may be defective due to a technical issue during manufacture. Testing is done to eliminate this possibility, but it still may occur. In these instances, Company will replace the offending disc at no charge. The following are NOT considered "defects" (this list is by example and not meant to be exhaustive):
(a) DVD Player issues
(b) DVD player compatibility issues
(c) Mishandling by the user
(d) User does not like the movie, the previews, the translation in the subtitles, etc.
(e) User is upset with Company and no longer wants the items
(f) Non-receipt of an item where valid delivery confirmation or tracking methods or other credible evidence establish delivery (or in transit), or Customer has provided false or an incorrect "SHIP TO" address.
(g) Scratches on disc(s). DVDs may become dislodged during shipment. We therefore always encourage buyers to take advantage of insurance on their order(s).
4. Compatibility. DVDs are designed to work on as many DVD players as possible. However, as with any DVD, it is not possible to create a disc that is compatible with every machine. If you experience technical difficulties, please try the disc in an alternative DVD player. You can also try cleaning the DVD. To clean, use a soft cloth and wipe in straight lines from the center of the disc to the edge. Company may, at its discretion, offer compatibility testing for $29.50. This amount is reimbursable if it is determined to be a technical issue and not a compatibility issue.
5. Regardless of WHATEVER the issue is, there are no refunds, exchanges, replacements, after 10 days. In short, Customer needs to communicate his/her respective issue within 10 days from date of delivery, or the matter will be considered waived and closed.
B. Cancellation of Order. There is NO right of cancellation of any order once placed on the website by Customer. Any cancellation will be at the sole discretion of Company. If Company does allow a cancellation, Company may charge a "cancellation fee" of 35% of the order total, or $25, whichever is greater.
III. OTHER TERMS AND CONDITIONS
A. Minor defects, issues, errors.
1. Company will NOT provide refunds where there is an appropriate solution for minor "errors" or the error is insignificant to the entire purchase as a whole.
(a) A good example of this involves multi-volume sets. We will provide replacement or substitute DVDs where in a multi-volume set, there may be duplicate discs. For instance, a 2 volume set made up of 4 DVDs. If each case has Disc #1 & 2 and there is no disc # 3 & 4. In this example, we will send the Customer a new Disc #3 & 4 to properly complete the series at no charge. This is considered a minor error that is easily fixed.
(b) If a casing is broken during shipment, there will be no replacement since it costs only about 25 cents to buy a new one. The exception: Customer purchased insurance.
(c) A complete series is purchased and it is later found that certain episodes may be missing or omitted. There will be no refunds, in any amount, for the omission of 3 or less episodes. For 4 or more missing episodes, Company will either (a) provide a pro-rated refund based on the cost per episode or (b) obtain the missing episodes.
(d) There will be no refunds or discounts for the omission or issues with opening/closing credits of any show.
2. Company reserves the right to have Customer return any and all DVDs to us for verification BEFORE providing any solution. An RMA # will be issued in these cases.
B. Business days are generally defined as Monday through Friday, except for certain holidays (federal, state and company).
C. If a matter needs to go to litigation, jurisdiction (personal and subject matter) will be in the Commonwealth of Massachusetts. Therefore Customer should expect to be in a Court not in his/her home state. Customer agrees to that jurisdiction, regardless of where the buyer then resides. Any litigation under this agreement shall be resolved in the trial courts of the Commonwealth Of Massachusetts.
D. Reselling
E. Change without notice. Users should check these terms and conditions periodically. By using the Site after we post changes to these Terms and Conditions, you agree to accept those changes, whether or not you actually reviewed them.
F. Terms Not Covered Herein. If a policy and/or Term(s) and/or Condition(s) is not provided elsewhere in this Contract, it will be determined at the discretion of management.
G. Credit Card Disputes. In addition to any other rights, remedies, amounts contained herein, Customer also agrees that Company may charge/debit Customers card no less than $75, without notice, for any credit card dispute filed by Customer, for which Company deems to be violative of any term of this contract. This charge will be regardless of the outcome of such credit card dispute AND does not represent an exclusive remedy by Company, as it may pursue other rights and remedies whether contained herein or not.
H. Liquidated Damages. In the event Company files suit (including small claims court) against Customer to obtain payment and/or otherwise enforce the terms of this Agreement, Customer agrees that he or she will pay damages to Company, in the amount of $1,500.00. The parties agree that this amount represents fair compensation to Company for the actual costs of the merchandise, plus delays in payment, plus human effort by Company staff in obtaining payment (through various collection letters, submissions to credit card companies or money transfer agents), plus other impact to Company (e.g., discount rate).
I. The UltramanStuff.com ("Company") website and any subwebs (the "Site") are currently provided free–of–charge to users who agree to abide by the terms and conditions of this site. Company reserves the right to change the nature of this relationship at any time, and to revise these guidelines and Terms and Conditions from time to time as Company sees fit. Users who violate the terms of this Agreement will have their access canceled and they may permanently be banned from using the Site and any interactive services.
J. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any information displayed on this Site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Company or such third party that may own the trademark or copyright of information displayed on this Site.
K. If any provision of this Contract is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Contract shall remain in full force and effect.
L. In the event of litigation relating to the subject matter of this Agreement, the Customer shall reimburse Company for all reasonable attorney fees and costs resulting therefrom.
M. The failure by Company to require performance of any provision shall not affect that party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Contract constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
N. Limitation of Liability. NEITHER THE COMPANY, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE ARE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE, EVEN IF COMPANY (OR ANY THIRD PARTY POSTING INFORMATION ON THIS SITE) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY (OR THE TOTAL LIABILITY OF ANY THIRD PARTY PROVIDING INFORMATION ON THIS SITE) TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (US$1.00).