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Terms and Conditions PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to
and use of this site are subject to the following terms and conditions and other
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use this site. Copyright The entire content included in this site, including but
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Permission is granted to electronically copy and print hard copy portions of
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download or print portions of the material from the different areas of the site
solely for your own non-commercial use, or to place an order with
summersetbiminitops.com or to purchase summersetbiminitops.com products. Any other use,
including but not limited to the reproduction, distribution, display or
transmission of the content of this site is strictly prohibited, unless
authorized by summersetbiminitops.com. You further agree not to change or delete any
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Trademarks All trademarks, service marks and trade names of summersetbiminitops.com
used in the site are trademarks or registered trademarks of summersetbiminitops.com
Warranty Disclaimer This site and the materials and products on this site are
provided "as is" and without warranties of any kind, whether express or implied.
To the fullest extent permissible pursuant to applicable law, summersetbiminitops.com
disclaims all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose and
non-infringement. summersetbiminitops.com does not represent or warrant that the
functions contained in the site will be uninterrupted or error-free, that the
defects will be corrected, or that this site or the server that makes the site
available are free of viruses or other harmful components. summersetbiminitops.com
does not make any warrantees or representations regarding the use of the
materials in this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do not permit
limitations or exclusions on warranties, so the above limitations may not apply
to you. Limitation of Liability summersetbiminitops.com shall not be liable for any
special or consequential damages that result from the use of, or the inability
to use, the materials on this site or the performance of the products, even if
summersetbiminitops.com has been advised of the possibility of such damages.
Applicable law may not allow the limitation of exclusion of liability or
incidental or consequential damages, so the above limitation or exclusion may
not apply to you. Typographical Errors In the event that a summersetbiminitops.com
product is mistakenly listed at an incorrect price, summersetbiminitops.com reserves
the right to refuse or cancel any orders placed for product listed at the
incorrect price. summersetbiminitops.com reserves the right to refuse or cancel any
such orders whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase and your
order is cancelled, summersetbiminitops.com shall issue a credit to your credit card
account in the amount of the incorrect price. Term; Termination 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 summersetbiminitops.com without notice at any time, for any
reason.
The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of
Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice summersetbiminitops.com may deliver notice to you by means of e-mail, a general
notice on the site, or by other reliable method to the address you have provided
to summersetbiminitops.com. Miscellaneous Your use of this site shall be governed in
all respects by the laws of the state of California, U.S.A., without regard to
choice of law provisions, and not by the 1980 U.N. Convention on contracts for
the international sale of goods. You agree that jurisdiction over and venue in
any legal proceeding directly or indirectly arising out of or relating to this
site (including but not limited to the purchase of summersetbiminitops.com products)
shall be in the state or federal courts located in Los Angeles County,
California. Any cause of action or claim you may have with respect to the site
(including but not limited to the purchase of summersetbiminitops.com products) must
be commenced within one (1) year after the claim or cause of action arises.
summersetbiminitops.com'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.
summersetbiminitops.com may assign its rights and duties under this Agreement to any
party at any time without notice to you. Use of Site Harassment in any manner or
form on the site, including via e-mail, chat, or by use of obscene or abusive
language, is strictly forbidden. Impersonation of others, including a
summersetbiminitops.com or other licensed employee, host, or representative, as well
as other members or visitors on the site is prohibited. You may not upload to,
distribute, or otherwise publish through the site any content which is libelous,
defamatory, obscene, threatening, invasive of privacy or publicity rights,
abusive, illegal, or otherwise objectionable which may constitute or encourage a
criminal offense, violate the rights of any party or which may otherwise give
rise to liability or violate any law. You may not upload commercial content on
the site or use the site to solicit others to join or become members of any
other commercial online service or other organization.
Participation Disclaimer summersetbiminitops.com does not and cannot review all
communications and materials posted to or created by users accessing the site,
and is not in any manner responsible for the content of these communications and
materials. You acknowledge that by providing you with the ability to view and
distribute user-generated content on the site, summersetbiminitops.com is merely
acting as a passive conduit for such distribution and is not undertaking any
obligation or liability relating to any contents or activities on the site.
However, summersetbiminitops.com reserves the right to block or remove communications
or materials that it determines to be (a) abusive, defamatory, or obscene, (b)
fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark
or; other intellectual property right of another or (d) offensive or otherwise
unacceptable to summersetbiminitops.com in its sole discretion. Indemnification You
agree to indemnify, defend, and hold harmless summersetbiminitops.com, its officers,
directors, employees, agents, licensors and suppliers (collectively the "Service
Providers") 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. Third-Party Links In an attempt to provide increased value to
our visitors, summersetbiminitops.com may link to sites operated by third parties.
However, even if the third party is affiliated with summersetbiminitops.com,
summersetbiminitops.com has no control over these linked sites, all of which have
separate privacy and data collection practices, independent of
summersetbiminitops.com. These linked sites are only for your convenience and
therefore you access them at your own risk. Nonetheless, summersetbiminitops.com seeks
to protect the integrity of its web site and the links placed upon it and
therefore requests any feedback on not only its own site, but for sites it links
to as well (including if a specific link does not work). Ordering &
Shipping: Our products usually arrive to you within 20 business days depending
on your geographical location. *If a product is on back order, you will be
informed either by phone or e-mail. Our products are shipped by UPS ground
service only. Universal covers usually ship next business day. Semi Custom,
Custom boat covers and Bimini Tops are made to order and will ship within 10
business days.
Order Process: Once you have selected the items you want to purchase and you
are ready to place your order; we offer a four-step ordering process: Step 1:
Shopping Basket The shopping basket contains all the items you selected while
shopping. During this step, you can add, delete, and change item quantities.
Step 2: Shipping & Billing You are asked to provide your billing address as
well as the shipping address for any gift recipients. Step 3: Review Order Your
order will be sorted by shipping address for your review. You can make changes
or go ahead and place your order. Be aware that if you do not provide an e-mail
address, you will not receive a copy of the invoice or a tracking number. Your
e-mail is not used for any marketing. Step 4: Order Confirmation A final
confirmation summary of your order appears along with the contact information
for Customer Service in case you need assistance. Tracking & Billing: Your
credit card will be billed at the time your order enters the order process in
our office, or is sent to a vendor for factory-direct shipment. Please allow
7-10 business days for tracking status to be available. You will be emailed a
tracking number when your order is shipped. Please check your Inbox, Spam and
Junk folder. You may call or e-mail customer service to check shipping status.
Shipping: You should expect to receive delivery within 20 business days in the
48 contiguous states unless otherwise noted. Please remember weekends and
holidays for shipping purposes. Some months may be very busy and it may take a
little longer to get out your order. We will do everything in our power to get
it out as fast as we can. Please allow one day for processing your order
paperwork. All boat covers and bimini tops will ship within 10 business days
unless informed otherwise. Cancelling an Order: To cancel your order, you must
contact us by phone. Please have the “bill to” name and/or order number ready.
There will be a 10% cancellation fee for paperwork and credit card fees if we
are able to stop the shipment. Orders that are already in the shipping system
cannot usually be cancelled although we will make every attempt to do so at your
request. The cancellation process is costly to us, so once an order has been
sent to our shipping department, or transmitted to a vendor for shipment, there
will be a restocking fee of 25% of your total order if we are able to cancel
your order. *If a product is on back order, you may exchange for another product
or cancel your order for a full refund. Returns: If returning an item, please
contact us via phone or e-mail regarding why. A RGA # and return address must be
given to you within 30 days from the date you received the item. The RGA # must
be written on the outside of the box or the shipment back to us will be rejected
at the warehouse. Please note that if there is no defect in the item, you will
have to pay for the shipping cost along with a 25% restocking fee.
Customer service will need the original credit card number and expiration
date for all returns. We do not keep credit card information on file. *If you
return a product without a RGA #, it will be refused. If the cover does not fit
properly, here are a few reasons why: aftermarket products, not measuring your
boat properly, choosing the wrong model/year. Always measure your boat before
you purchase a cover. Within 30 days of receipt of your order, you may exchange
your non-custom or non-special order product for another, provided that your
product is still in first quality condition. You will have to pay for all
shipping cost along with being SUBJECT TO A 25% RESTOCKING FEE. Your replacement
will be shipped after we receive and inspect your returned product. If you need
your replacement immediately, you may consider placing a new order. An RGA #
will be issued so that you may return your product. Warranties: Defective under
warranty or item incorrect upon receipt: a call tag will be sent for an exchange
for the same item.
We will make every effort to get you the correct product. NO REFUNDS OR
EXCHANGES FOR A DIFFERENT ITEM IF THERE IS A WARRANTY ISSUE. Warranties that
fall outside of our 30 day policy will be repaired or replaced (at our
discretion) FREE OF CHARGE provided that the customer prepays freight to and
from our factory. For all warranty issues, detailed pictures are required.
E-mail all pictures to the e-mail address given to you. Please include the “bill
to” name, date and product you ordered. The warranty process could take up to 3
weeks. Boat Cover Pro's Co. cannot accept any packages freight collect or COD.
All packages must be shipped prepaid. Returns must be inspected before final
decisions are made on credits. All credit card purchases that qualify for a
refund will be credited to the same credit card account that was charged in the
original purchase. Please allow 2-3 weeks for processing. We do not keep credit
card information on file. When You Receive Your Order: Do not refuse delivery
for minor damage to the package. If a package is damaged, check the contents for
damage before refusing delivery. If damage appears to be minor, and only a few
items need to be replaced, we recommend accepting the shipment (or at least any
undamaged packages) after making note of damages on delivery receipt. Doing this
will speed up the replacement process in many cases because parts can be shipped
sooner and faster delivery methods can be used.
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