Terms and Conditions, Eversale.com (Eversale LLC)
Welcome to Eversale.com (Eversale LLC), who provide website features to you subject to the following conditions. If you visit or shop at Eversale.com, you accept these conditions. All orders are bound by the following terms. Please read them carefully. In addition, when you use any current or future Eversale.com (Eversale LLC) service or business (e.g., Your account, Gift Cards, Vouchers) you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.
Please review our Privacy Notice, which also governs your visit to Eversale.com, to understand our practices.
RISK OF LOSS
All items purchased from Eversale.com 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. We will provide tracking numbers for all shipments and confirmation by the courier of delivery is the only accepted mechnism to conclude the transaction.
EverSale.com (Eversale LLC) shall not be liable for any special, indirect, incidental, or consequential damages, including without limitation, lost revenues or lost profits, which may result from the loss or damage during delivery, or use of these materials. We also reserve the right to replace/change the products from the ones shown on the site without prior notice, and to alter the special offers or prices at any time.
We provide the information in this web site solely for informational purposes. Clinical judgment and common sense may obviate certain information in these notes at varying times and circumstances. Specific medical advice will not be provided, and we urge you to consult with a qualified health care professional to discuss both the advantages and risks of using these products and for answers to your personal questions.
This site has been made as secure as possible. However, "security" is relative and an ever-changing landscape, and therefore always fraught with danger. While every attempt is made at keeping tight security, no guarantees are made or implied by EverSale.com (Eversale LLC)
The installation of electrical products, especially outdoor and marine lighting, should only be carried out by a competent person in accordance with the manufacturer’s instructions and local and federal permits and code. Eversale will not be held responsible for failure of products due to installations not in accordance with these instructions, an improper environment, installation not in accordance with relevant regulations, improper wiring practice, misuse, negligent storage or accidental damage.
Eversale.com attempts to be as accurate as possible. However, Eversale.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Eversale.com itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.
With respect to items sold by Eversale.com, 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 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.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE EVERSALE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY EVERSALE.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. EVERSALE.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EVERSALE.COM DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EVERSALE.COM DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM EVERSALE.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EVERSALE.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
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.
By visiting Eversale.com, you agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Eversale.com.
Any dispute relating in any way to your visit to Eversale.com or to products or services sold or distributed by Eversale.com or through Eversale.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Pinellas County, Florida, and you consent to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to Eversale.com. 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.
Any order received by Noon Eastern Standard Time, Monday through Friday, should ship by the next day. Holidays are exceptions. All orders will be shipped "Ground" or the most economical way at our discretion unless you choose another method such as Next Day Air, 2nd Day, etc. If special shipping is chosen we will do our best to get the item out the same day but our cut-off time is 12:00 noon EST. We will try to accommodate the shipment time. For example, an order placed Thursday night for "Next Day Air" shipping will be shipped on Friday (if in stock) but not received by the customer until Monday. If Saturday delivery is desired you must choose the Saturday delivery option because Saturdays and Sundays are not considered business days.
If items are damaged or lost during shipping, and if you selected to pay for insurance, then the customer will receive a replacement product straightaway. Customers are required to report damage within 7 days of receipt. If Insured, our shipping provider may inspect them. The customer will be asked to keep the damaged items and original boxes for 7 business days for the inspection of our shipping provider. If a return is authorized, we will provide the method and shipping to return to us.
Within 30 days of purchase, the customer may return the product. If the reason for the return is by no fault of our company, a 20% restocking fee subject to a minimum of $50.00, plus outbound and return shipping fees, will be deducted from your refund.
All returns must be approved by our shipping department before the return will be accepted. Email us (firstname.lastname@example.org
) or call us at 727-489-8334 for a Return Authorization.
Sales Tax Policy
Eversale charges Sales tax in Fl, at a rate of 7%
Paying for Your Order
You may pay for your orders with PayPal, Google Checkout, major credit cards issued in the United States of America. Currently, we accept Visa®, MasterCard®, and Discover® Card. Checks may be used but need to be cleared in full before shipment.
Generally, credit and debit card are not charged until we either ship the item(s) to you. However, we may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. When paying for a preorder with a debit card you will be charged at the time you place your preorder. Please contact your credit card issuer for more information. If you ordered a special delivery item, you will be charged once a delivery time is confirmed. All orders need to be paid in full before delivery. Any order than requires pre-ordering due to large quantities (you will be informed if this applies), must be paid 50% at the time of ordering, and the balance on delivery
BASIC PRODUCT WARRANTY
ALL WARRANTY IS PROVIDED BY THE ORIGINAL MANUFACTUER OF THE GOODS, and is a 12-month warranty unless otherwise stated. Goods warranted as free from material defect and workmanship. Eversale will act as a mediator of the warranty process and assist you in receiving remediation if the provisions below are fully met. Eversale will contact the original manufacturer on your behalf to seek remediation. Under no circumstances is Eversale liable for any part of the warranty, and in good faith is acting as mediator only and not provider of any additional warranty above those provided by the manufacturer.
The warranty coverage begins at time of shipment, or installation completion if eversale is providing the installation service. This coverage is extended to the original purchaser and is not transferable. Eversale warranty liability is limited to the replacement and/or repairs of only such quality of goods determined defective by Eversale. Replacement and/or repairs of Goods do not extend the original warranty time period.
There are no warranties which entered beyond the description on the face hereof, nor are there warranties of fitness for a particular purpose or merchantability applicable to the Goods.
This manufacturer’s warranty does not cover improper or poor installation. In no event shall the Eversale or the manufacturer be liable or responsible for any loss or damage, direct, indirect or consequential, except as expressly set forth herein. This limited warranty is made in lieu of all warranties, expressed or implied, and is void if the Goods have been subject to abuse, improper installation and/or care. This warranty gives you specific legal rights, and you may also have other rights that vary from state or province.
TO MAKE A WARRANTY CLAIM
If any product specified above fails to conform to the warranty during the scheduled period. Purchaser may obtain replacement products and/or services by contacting the installing dealer or by contacting Eversale Service +1 (727) 489 8334. To expedite all warranty claims you must have the original proof of purchase invoice from the installing dealer.