TERMS AND CONDITIONS
The following terms and conditions (the "Agreement") apply to all purchases made from Internet Shops Inc or any of its affiliates.
The terms "we", "us" and "our" refer to Internet Shops Inc., its affiliates, and employees/agents thereof.
The terms "you", "your" and "yours" refer to the customer/purchaser who wishes to purchase any goods and/or services from us.
You and we agree that your order is an offer to purchase the products on the terms listed below which will become a contract when accepted by us via confirmation that specifically references your order or when we ship to you the products you ordered, whichever occurs earlier.
By submitting your order to purchase products and/or services from us, you agree to accept and be bound by this Agreement. You represent that you are at least eighteen (18) years of age and have the legal authority to
enter into this Agreement on behalf of yourself or any party you represent. This Agreement may not be altered, supplemented or amended by the use of any other document(s). Any such attempt will be null and void unless otherwise agreed to in a written agreement signed by both you and and us.
- Order and Payment Terms.
Your order for products and/or services is not valid until accepted by us. Your payment for products and/or services must be received in full before our acceptance of your order and our shipment of products and/or services to you. We accept valid Visa, MasterCard and Discover cards as payment.
We also accept money orders and personal checks. We do not accept cash or COD under any circumstances.
- Shipping, Handing and Delivery.
We currently ship to all 50 states located within the United States of America and to all United States Military Addresses around the world. We also ship to all United States Territories, and Canada.
Most orders will ship within 72 hours of acceptance of your order. Some orders may take longer based upon product availability. We will normally ship your products via UPS Ground. However, in our discretion, we may chose to ship your products via another reputable carrier.
Some larger orders may ship directly from the manufacturer in which case the manufacturer may ship your products via the shipper of its own choosing. However, most orders will ship from our warehouse located in Atlanta, Georgia.
You are responsible for paying all shipping and handling charges that apply. Please reference the chart located on our web site for applicable shipping and handling rates. PLEASE NOTE THAT SHIPMENTS TO ALASKA, HAWAII, AND THE UNITED STATES TERRITORIES, OVERSEAS US MILITARY ADDRESSES, AND CANADA WILL INCUR SLIGHTLY HIGHER RATES THAN THOSE POSTED ON OUR web site.
Due to a large volume of orders placed during major gift-giving holidays, delivery times may be delayed a few days. We will take all responsible steps to make certain that your order is delivered as promptly as possible.
- Title: Risk of Loss or Damage
Title and ownership passes from us to you upon shipment of your order from our facilities. You assume all risk of loss or damage to all products ordered during transit. In the event of product damage or loss during transit, it is your responsibility to file a claim with the carrier.
INTERNET SHOPS INC DOES NOT MANUFACTURE THE PRODUCTS AVAILABLE FOR SALE ON OUR web siteS. ACCORDINGLY, WE EXPRESSLY DISCLAIM ALL WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME ITEMS OVER TIME MAY CHANGE IN COLOR, SIZE, AND DESIGN AS IMPROVEMENTS OR RAW MATERIALS CHANGE. PRODUCT IMAGE COLORS ON OUR SITE MAY VARY FROM THE EXACT PHYSICAL ITEM COLOR DUE TO COMPUTER MONITOR VARIATIONS OR CHANGES IN RAW MATERIALS. WE DO NOT GUARANTEE EXACT COLOR MATCHES. THE ONLY WARRANTIES APPLICABLE TO THE PRODUCTS AND SERVICES AVAILABLE FOR SALE ON OUR web siteS ARE THOSE WARRANTIES PROVIDED BY
THE PARTICULAR MANUFACTURER OF EACH SUCH PRODUCT AND/OR SERVICE. PLEASE REFER ALL WARRANTY CLAIMS TO THE MANUFACTURER OF THE PRODUCT AND/OR
SERVICE YOU PURCHASED.
- Limitation of Liability and Indemnification.
Many of the products for sale on our web sites are designed for physical use. Use of such products involves inherent risks of injury. You acknowledge that you have considered and understand these risks.
We assume no responsibility or liability for any injuries sustained by you, or third parties, as a result of the use of products purchased from us. In the event that a party attempts to recover damages of any kind from us
as result of the use of a product and/or service purchased by you from us, you agree to indemnify us and hold us harmless for any such claims. You also agree to pay for all attorneys' fees incurred as a result of our having to defend such a claim.
- Governing Law: Choice of Venue.
You and we agree that this Agreement was entered into and executed within the State of Georgia. Accordingly, this Agreement shall be interpreted by the laws of the State of Georgia.
In the event that either you or we initiate legal action against the other as a result of a dispute arising out of, or related in any way to, your purchase of products and/or services from us, regardless of who initiated the legal action,
said legal action must be brought in the Courts of Cherokee County, Georgia - the location where the Agreement was entered into and executed by parties hereto.
- Legal Actions for Non-Payment.
In the event you fail or refuse to make payment for products and/or services purchased by you from us pursuant to the terms of this Agreement, you specifically agree to be subject to the jurisdiction and venue of the Courts of Cherokee County, Georgia, the location
where this Agreement was entered into and executed by the parties to this Agreement. If we are required to initiate legal action against you fro the recovery of payments owing from you to us for the purchase of products and/or services we have provided you pursuant to your order
of same, you agree to pay for all costs incurred as a result of your failure and/or refusal to tender payment including, but not limited to, court costs, reasonable attorneys' fees incurred in an attempt to recover monies owed and charge-back fees assessed by your refusal to make payment.
When charge-backs are executed after the merchandise has been delivered, you will be responsible for the original amount of the order, $20.00 Administration Fee, and you will be required to reimburse Internet Shops Inc the $35.00 charge-back fee and all collection fees incurred.
Nothing in this section shall be deemed to limit or restrict the provisions contained in Section 6 of this Agreement.
- Return Policy.
Prior authorization is required from us before any item may be returned. Click Here for details.
All items must be returned within Thirty (30) days from the date of shipment. All returned items must be UNUSED AND IN THE ORIGINAL PACKAGING in order for you to receive a refund. All refunds are based on returns made pursuant to the terms listed above shall be subject to a 10% restocking fee.
Golf nets are limited to a 15-day return policy due to the rough treatment inflicted on golf nets, no exceptions. (The 60-day exception at during the Christmas season does not apply to golf nets.)
In the event you are making a return due to an error on our part, you will receive a 100% refund and we will pay for costs associated with shipping the product back to our facilities so long as the product remains unopened in its original packaging.
Absolutely no returns will be accepted after 30 days of purchase, except during the Christmas Season, as indicated below.
During the Christmas season, if you order in November for early Christmas shopping, we allow you 60 days to return or exchange an item. This allows you time to shop early for Christmas and still have ample time to return or exchange your item during the allotted time.
We cannot accept returns on used golf clubs, open software, cassette tapes, compact discs, videos, DVDs, any special order merchandise, discounted or discontinued items.
If you wish to return a product purchased during a free shipping promotional special the normal shipping charge will be deducted from your refund for that product along with the 10% restocking fee.
Special Provisions for Bracelets
Bracelets purchased from us carry a sixty (60) day return policy. You may wear the Bracelet to see if it works! If it does not work for you, then you may return it within Sixty (60) days from the date of shipment. We will issue a credit to the card you used to purchase the Bracelet for the full amount of its purchase price less a $6.00 processing fee, and original shipping cost.
- Severability Clause.
In the event that any portion of this Agreement is held by a court of competent jurisdiction to be invalid or otherwise unenforceable, the remainder of this Agreement shall remain in full force and effect.