TERMS & CONDITIONS FOR ONLINE SALES
Last Modified: May 3, 2023
Terms and Conditions for Online Sales
- Acceptance of These Terms
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH MARINE CO. SYSTEMS, LLC OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions ("Terms") apply to the purchase and sale of products and services through https://www.wave.link/ (the "Website"). These Terms are subject to change by Marine Co. Systems, LLC ("Company," "we," or "us") without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any Products or Services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
- Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between the Company and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by contacting us via mechanisms detailed in Sec. 18. Information or Complaints.
- Prices and Payment Terms
All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept most major credit cards and most electronic payment services for all purchases. You represent and warrant that (i) the payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your payment company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
- Shipments, Delivery, Title and Risk of Loss
All orders are processed within a reasonable period of time, subject to supply chain availability, after receiving your order confirmation email. You will receive another notification when your order has shipped. Potential delays can occur due to a high volume of orders or postal service issues that are outside our control.
We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- Returns and Refunds
Except for any products designated on the Site as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of delivery and provided such products are returned in their original condition. To return products, you must contact us via email at email@example.com to obtain a Return Merchandise Authorization ("RMA") number before shipping your product. No returns of any type will be accepted without an RMA number.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
Please inspect your order upon receipt and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.
Notwithstanding the above, if the merchandise is being shipped into the European Union, you have the right to cancel or return your order within 14 days, for any reason and without a justification. As above, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.
Refunds are processed within approximately 30 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. If more than 45 business days have passed since we’ve approved your return, please contact us at firstname.lastname@example.org.
WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS WEBSITE AS NON-RETURNABLE.
- Limited Warranty
This Limited Warranty gives you specific legal rights and you may also have other rights, which vary from state to state. This Limited Warranty can also be found in our Terms of Service and End User License Agreement and in the documentation we provide with the products.
THIS LIMITED WARRANTY APPLIES TO WAVELINK HUB AND REPLACES ALL OTHER WARRANTIES AND CONDITIONS, EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF APPLICABLE LAW PROHIBITS THE COMPANY FROM LEGALLY DISCLAIMING STATUTORY OR IMPLIED WARRANTIES, THEN TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, SUCH WARRANTIES WILL ONLY LAST FOR ONE (1) YEAR FROM THE DATE OF PURCHASE OF THE PRODUCT.
For a period of one (1) year from the date of purchase of the Product, we will repair or replace, at our discretion, any malfunctioning part or component of the Product that is defective, at no cost to you. This Limited Warranty is only valid for the original consumer purchaser and is not transferable or assignable by you (except as required by applicable law). We may use new or refurbished parts or components to make any necessary repairs or replacements. If the specific part or component is no longer available, we may replace it with a similar part or component that has similar features, functions, and quality, at our discretion.
This Limited Warranty will not apply if the Product is damaged due to misuse, abuse, failure to follow instructions or specifications, negligence, acts of God (such as lightning, flood, tornado, earthquake, or hurricane), or other events beyond our control. Consumable parts, including batteries, are also not covered. Any unauthorized service or modification of the Product will void this Limited Warranty entirely.
Who May Use This Warranty?
This limited warranty extends only to the original purchaser of products and services from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
What Does This Warranty Cover?
This limited warranty covers during the Warranty Period defects in materials and workmanship in products purchased from the Site.
What Does This Warranty Not Cover?
This limited warranty does not cover any damages due to:
- improper use;
- failure to follow the product instructions or to perform any preventive maintenance;
- combination or use with any products, materials, processes, systems, or other matter not provided or authorized in writing by the Company;
- unauthorized repair;
- normal wear and tear; or
- external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
What is the Period of Coverage?
This limited warranty starts on the date of your purchase and lasts for one (1) year (the "Warranty Period"). The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
What Are Your Remedies Under This Warranty?
With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products.
How Do You Obtain Warranty Service?
If you need to make use of the Limited Warranty for the Product, please contact us at email@example.com or https://wave.link/pages/contact-us. You should be prepared to describe the Product that requires service, explain the issue, and provide proof of purchase. We will provide instructions on how to return your existing Product. If a Product is excluded from this Limited Warranty, you are responsible for arranging and paying for shipping to return the Product to us, as well as the shipping costs for us to return the serviced or replacement Product back to you. Claims under this Limited Warranty must be submitted to us before the end of the Limited Warranty period specified in this section. Time is of the essence. Please allow up to fifteen (15) business days for your Limited Warranty request to be processed.
- Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, LOSS OF REVENUE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES IN ANY AMOUNT THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
YOU USE AND RELY UPON THE PRODUCTS AND SERVICES AT YOUR OWN RISK.
THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
THE COMPANY IS NOT RESPONSIBLE FOR ANY INTERRUPTIONS OR DELAYS TO ITS PRODUCTS AND SERVICES CAUSED BY FORCE MAJEURE OR OTHER EVENTS OUTSIDE OF ITS CONTROL. THESE EVENTS INCLUDE, BUT ARE NOT LIMITED TO, WAR, FIRE, FLOOD, EXTREME WEATHER, ACCIDENTS, EXPLOSIONS, ACTS OF TERRORISM, GOVERNMENTAL ORDERS, REGULATIONS, RESTRICTIONS OR PRIORITIES, STRIKES, LOCKOUTS OR OTHER LABOR TROUBLES OR DISRUPTIONS, CYBER EVENTS, CIVIL DISORDER, NATURAL DISASTERS (INCLUDING, WITHOUT LIMITATION, FIRES, FLOODS, EARTHQUAKES, AND SEVERE WEATHER), PUBLIC HEALTH EPIDEMICS, DESTRUCTION OF NETWORK FACILITIES OR TRANSPORTATION INFRASTRUCTURE, OR ANY OTHER CAUSE BEYOND THE ABSOLUTE CONTROL OF THE COMPANY FOR THE DURATION OF AN INTERRUPTION.
The informal dispute resolution procedure detailed in Sec. 13. Governing Law, Jurisdiction, and Arbitration is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
- Goods Not for Resale or Export
You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products or services from the Site for your own use only, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, "Export Regulations").
- Intellectual Property Use and Ownership
You acknowledge and agree that all uses on this Site of the terms "sell," "sale," "resell," "resale," "purchase," "price" and the like mean the purchase or sale of a license. Each product and service marketed on this Site is made available solely for license, not sale, to you and other prospective customers under the terms, conditions, and restrictions of the license agreement.
You will comply with all terms and conditions of the specific license agreement for any product or service you obtain through this Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products and services.
You will not cause, induce or permit others' noncompliance with the terms and conditions of any of these product and service license agreements.
The Company and its licensor(s) are and will remain the sole and exclusive owners of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patent, trademarks, and other intellectual property rights, subject only to the limited license granted under the product's or service's license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services.
- Force Majeure
Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") reasonable control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): war, fire, flood, extreme weather, accidents, explosions, acts of terrorism, governmental orders, regulations, restrictions or priorities, strikes, lockouts or other labor troubles or disruptions, cyber events, civil disorder, natural disasters (including, without limitation, fires, floods, earthquakes, and severe weather), public health epidemics, destruction of network facilities or transportation infrastructure, or any other cause beyond the absolute control of the Impacted Party for the duration of an interruption.
The Impacted Party shall give notice within 5 business days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of 30 consecutive days following written notice given by it under this Section, the either party may thereafter terminate this Agreement upon 10 business days' written notice.
- Governing Law, Jurisdiction, and Arbitration
The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of Alabama, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. You agree to exclusive jurisdiction of the federal and state courts located in Jefferson County, Alabama, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.
Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and the Company, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that the Company and you are each waiving the right to trial by a jury. Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge.
YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
The parties agree that any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, as amended by this Agreement. The AAA Consumer Arbitration Rules: https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by either party that an in-person hearing is appropriate. Any in-person appearances shall be held at a location that is reasonably convenient to both parties, with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the AAA or the arbitrator shall make such determination. The arbitrator's decision shall follow the terms of this Agreement and shall be final and binding. The arbitrator shall have the authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement shall preclude either party from bringing issues to the attention of federal, state or local agencies, and, if the law allows, seeking relief against the other party.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
- Waiver and Severability
No failure or delay by you or by the Company to exercise any right or power under this Agreement shall constitute a waiver of that right or power. Additionally, the partial exercise of any right or power does not prevent further exercise of that right or any other right under this Agreement. If there is a conflict between the terms of this Agreement and any other applicable purchase or agreement terms, this Agreement will take precedence.
- No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
- Entire Agreement
- Information or Complaints
If you have a question or complaint regarding the Services, please contact us:
- Via email: firstname.lastname@example.org.
- Or through the “Contact Us” tab on our Website: https://wave.link/pages/contact-us.