2. Electronic Communications: When you visit and purchase on this site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail 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.
3. Copyright and Trademarks: All content included on this site, such as text, graphics, logos, button icons, images, audio and video clips, data compilations, and software, is the property of Company or its affiliates. Except as expressly provided in this Terms and Conditions, no part of the site and no content may be reproduced, recorded, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way, without prior express written consent.
Color Shield and Bricson are trademarks of Company and its affiliate. All custom graphics, icons, logos and service names are trademarks or service marks of Company or its affiliates. All other trademarks or service marks are property of their respective owners. The use of any Company’s or its affiliates’ trademark or service mark without express written consent is strictly prohibited.
4. Conditions of Sale and Payment Terms: To purchase any goods and/or services on our site, you must be at least eighteen (18) years of age and be a natural person. Prior to the purchase of any goods or services on our site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) security codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization.
5. Methods of Payment: All payments must be made by VISA, MasterCard, American Express, or Discover credit cards, each of which may be removed by Company at its sole discretion. Unless expressly set forth on the Company site, we do not accept any other payment form. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms and Conditions to determine your rights and liabilities as a cardholder. You, and not Company, are responsible for paying any unauthorized amounts billed to your credit card by a third party. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Company of any discrepancies within thirty (30) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Company does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Company or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales or use tax. Company shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California and any other states or localities that it deems are required.
6. Order Acceptance Policy: Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Company reserves the right at any time after receipt of your order to accept or decline your order for any reason. Your order will be deemed accepted by Company upon shipment of products. This means that the risk of loss and title for such items pass to you upon delivery to the carrier. We may require additional information or verifications before accepting any order.
7. Return Policy: Company guarantees that all of our products are of the highest quality and will be shipped in their best condition. However, if you are not satisfied with your purchase, Company offers a thirty (30) day exchange or refund policy to those purchased at www.colorshield.net only. Items should be returned in their original package along with the original receipt. All returns require an RMA (Return Merchandise Authorization) number and you are responsible for the delivery and shipping cost. Company will not be responsible for packages lost in shipment. To return a product, please contact Customer Service via e-mail at customerservice@colorshield.net. Please include order number, product number, your mailing address and contact information, reason for return and a copy of your receipt. You will receive a response e-mail instructing you how to proceed. You may also contact Customer Service for return inquiries and requests at 714-333-6424 between 9 a.m. and 5 p.m. Pacific Standard Time, Monday through Friday. Your refund or replacement will be processed after we receive, inspect, and verify your return. We will process your refund or replacement within one to two weeks of delivery to our return center. Please check return tracking to know the date we received your item. We will notify you via email with the details of your refund or replacement order as soon as it has been fully processed.
If your returned product does not match all applicable criteria listed above, it will be rejected and returned back to you at your cost. Consequently, your RMA will be nullified, any credit request will be denied, and replacement orders will not be made.
8. Indemnification: You agree to indemnify and hold harmless Company, officers, directors, employees, and affiliates from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of this Terms and Conditions, or your violation of any law, regulation or third-party right.
9. Product Warranty and Disclaimer of Warranties: COMPANY WARRANTS THAT THE PRODUCTS WILL BE FREE FROM MATERIAL AND WORKMANSHIP DEFECTS. EXCEPT AS EXPRESSLY SET FORTH ON OUR SITE, COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COMPANY’S PRODUCTS OR SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE OR THAT THE SITE’S SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. THE SITE, PRODUCTS, SERVICES, CONTENT, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS."
10. Limitation of Liability: COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER OF ANY KIND RESULTING FROM THE USE OF THE SITE OR THE USE OF ANY PRODUCTS OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT HEREIN. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS AND CONDITIONS OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT COMPANY SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO COMPANY BY YOU (“END USER”).
11. General: No delay or failure to take action under this Terms and Conditions shall constitute any waiver by Company of any provision of this Terms and Conditions. If any provision of this Terms and Conditions is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible and severable in the event such provision is completely unenforceable and the remaining provisions of this Terms and Conditions will continue in full force and effect. This Terms and Conditions will bind and inure to the benefit of Company's permitted successors and assigns. Any claim under these Terms and Conditions must be brought within one (1) year after the cause of action arises.
12. Applicable Laws: This Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts located in Orange County, in the State of California. This Terms and Conditions is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Terms and Conditions shall be null and void. Company may freely assign this Terms and Conditions without consent or notice. This Terms and Conditions constitutes the complete agreement between Company and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
13. Changes in Terms and Conditions: Company reserves the right to amend, modify, and revise this Terms and Conditions in its sole discretion. Once these changes are posted to the colorshield.net site, these revised terms and conditions will be in effect. It is your responsibility to check this Terms and Conditions each time before using the site.
14. Contacting Us: Company encourages you to contact us if you have any questions or concerns that were not addressed in this Terms and Conditions. Also, we would like to hear from you with any questions, comments, or suggestions that you may have. Please email us at customerservice@colorshield.net with any questions, comments, or suggestions that you may have.
Effective Date: July 5, 2011
Revised Date: Sep. 1, 2011
