THE FOLLOWING TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEB SITE AS WELL AS ALL TRANSACTIONS CONDUCTED THRUGH THE SITE.
All notices from ABC SPORTS STORE to you may be posted on our web site and will be deemed delivered within (30) days after posting. Notices from you to ABC SPORTS STORE shall be made either by email, sent to the address we provide on our web site, or first class mail to our address at: ABC SPORTS STORE 166 copley drive, Taunton, MA 02780
Delivery shall have been deemed to have made by you to ABC SPORTS STORE five days after the date sent.
All content appearing in this web site is the property of:
ABC SPORTS STORE
TERMS & CONDITIONS FOR PRODUCT ORDERS
The following terms & conditions apply to any Product orders placed on our Website:
By using this Website you agree to comply with, and be bound by, these Terms.
ORDER ACCEPTANCE AND CANCELLATION
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not you have been charged. If you been charged and your order is canceled, you will receive a prompt refund credit to your account.
Once an order has been placed, it cannot be cancelled unless we notify you that the shipment is delayed for more than five business days beyond our original ship date estimate. In this case, we will do our best to cancel the order if requested.
All prices indicated for products sold on abcsportsstore.com are in U.S. dollars. Prices are NOT inclusive of any taxes or duties that may be incurred by buyers outside the United States.
PAYMENT TERMS, SHIPPING FEES, AND TAXES / DUTIES
Terms of payment for each order are as follows (unless otherwise indicated when you place your order):
Payment can be made by using major credit and debit cards, through PayPal. We accept payment for all purchases through third-party payment processors. You agree to be bound by and accept the terms and conditions of those processors. Further, you represent and warrant that: (i) the credit card information you supply to us, our vendors, and our affiliates is true, correct, and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
All payments must be in United States dollars. Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.
ORDER DELIVERY AND SHIPPING POLICY
Abc sports store, indicates the estimated ship date for each product available for purchase during a sales event. The posted ship date may vary from item to item. In some cases, Product may be shipped directly by the manufacturer, or by a 3rd party distributor. Delivery dates posted on the Website are our best estimates of the actual ship date; however we cannot guarantee that the merchandise will be available or ship on the anticipated date. Please note that shipping charges will be incurred for each shipment, or as otherwise indicated at order checkout. The posted shipping time frame is contingent upon payment clearance through PayPal.
We offer a variety of shipping options to meet your shipping needs. Please check the shipping options at checkout for specific delivery options and fees. All shipping fees are quoted in United States dollars. No C.O.D. orders can be accepted.
Items with a (set shipping price, only ship to USA lower 48 States). If you are interested in one of this Items, leave us a massege on the CONTACT FORM, we will work it out as quikly as possible. Most Items ship by UPS or USPS. Note that there are restrictions on some products, and some products cannot be shipped to international destinations.
These shipping terms, including the terms set forth in our Shipping Guidelines, are accepted by you by placing an order with us.
Abcsportsstore.com returns or exchanges may vary depending on the item (s) purchased, you must first contact us with the purchase number and reason for the return or exchange, note that some items can not be returned, used items can not be returned, unless they are defected and are covered by the Manufacture. All wooden bats can not be returned, unless specified.
If a physical good you purchase arrives damaged or broken, we will make best efforts to replace the item for you. Sometimes that might not be possible, for instance if inventory for a given product is sold out. All Products are sold “AS IS” and without any express or implied warranty. Our sole obligation for any damaged or defective merchandise is replacement or refund of the damaged or defective merchandise at our discretion , credit or exchanges are subject to inspection upon arrival. Note that in some cases there may be a restocking fee of 15% to as much as 25%.
Please contact us within 48 hours of delivery and apply for a RMA (Return Merchandise Authorization) code. Once provided with the RMA code, the item(s) must be received by Abc sports store, or 3rd party, within 7-10 days of the date of your return request. The item is your responsibility until it reaches us. For your own protection, we recommend that you send the parcel using a delivery service that insures you for the value of the goods. The cost of returning the item to us is your responsibility. The replacement item(s) will be shipped to you as soon as we receive your return package. If no replacement is available, we will issue a credit to the account used to originally purchase the items(s), less any shipping charges incurred.
GENERAL TERMS AND CONDITIONS
The following terms and conditions apply to all us of our Website, including but not limited to Product orders.
NO WARRANTIES ABOUT USERS OR THEIR SERVICES
We strive to provide our clients the best available information. However, we do not monitor or verify the accuracy of the information supplied by Product suppliers or Website users, and assume no responsibility for the accuracy or completeness of the Product information.
LINKS AND ADVERTISEMENTS
Abcsportstore may feature on our Website, in its newsletters, or in its e-mail communications to you links to third-party web Websites or services. These may appear in the form of text links, advertisements, banners, buttons, integrated gift services, digital gift certificates, or otherwise. THE GOODS AND SERVICES AVAILABLE THROUGH THESE LINKS ARE OFFERED BY INDEPENDENT COMPANIES, WHICH ARE NOT AFFILIATED IN ANY WAY WITH Us. ABC Sports Store MAKES NO REPRESENTATIONS AS TO THE QUALITY, FITNESS, WORKMANSHIP, VALUE, APPROPRIATENESS, OR RELIABILITY OF THE MERCHANDISE AVAILABLE OR THE SOLVENCY OR FINANCIAL VIABILITY OF ANY ADVERTISER. ABCSportsStore WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY ABCSportsStore ADVERTISER OR ANY OTHER WEB Website OR SERVICE LINKED FROM OR TO OUR Website. USERS ARE ADVISED TO USE DISCRETION IN SELECTING COMPANIES TO DO BUSINESS WITH ONLINE.
There may be circumstances where access to this Website is provided by a link located at another website. Neither Abcsportsstore nor its affiliates makes any representations or give any warranties with respect to any information contained in or at these other Websites and neither Abcsportsstore nor its affiliates shall be liable for any damages or injury arising from the content of these other Websites. Neither Abc sports store nor its affiliates endorses the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, that provide a link to this Website.
We may enable users to post comments or other content on the Website (“User Content”). By posting User Content on the Website, you indicate that you own all the User Content and/or have full rights to use it in connection with our service.
With respect to User Content you upload, you hereby grant Abcsportstore, a perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate and publicly display such User Content (in whole or in part) as necessary to maintain the Website and deliver and perform the Services you elect to use. Without limiting the foregoing, you grant Abc sports store the right to use your User Content in the course of performing testing, training and/or archiving of our and our affiliates’ systems, and in the course of evaluating, enhancing and improving our Services (provided that we will not disclose any confidential personally identifiable information about you in performing these functions).
You acknowledge that we may or may not pre-screen User Content, but that Abcsportsstore and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, edit, modify, refuse, or move any User Content that is available via our services. Without limiting the foregoing, Abcsportsstore and its designees will have the right to remove or refuse to transmit any Content that violates these Terms or is otherwise objectionable.
You also acknowledge and agree that Abcsportsstore may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Abcsportsstore, its users and the public.
The technical processing and transmission of our services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Website, our services and software we use may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Abcsportsstore and/or content providers who provide content to us. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on our services, in whole or in part, is strictly prohibited.
THIRD PARTY MATERIALS
ABCSportsStore does not control User Content or other materials posted by vendors, affiliates, advertisers or other third parties and, as such, does not guarantee the accuracy, integrity or quality of such materials. Under no circumstances will Abcsportsstore be liable in any way for any such materials, including, but not limited to, any errors or omissions in any materials, or any loss or damage of any kind incurred as a result of the use of any materials posted, emailed, transmitted or otherwise made available via the Website.
WARRANTY RESTRICTION; LIMITATION OF LIABILITY
THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT. THE MATERIALS AVAILABLE ON THE WEBSITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.
NEITHER ABCSPORTSSTORE NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE WEBSITE OR THE SERVICES, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE WEBSITE, EVEN IF ABCSPORTSSTORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT ABCSPORTSSTORE AND ITS AFFILIATES’ AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID PURSUANT THIS AGREEMENT.
NEITHER ABCSPORTSSTORE NOR ITS AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE Website. YOU AGREE TO HOLD HARMLESS ABCSPORTSSTORE AND ITS AFFILIATES AND PARTIES WITH WHOM ABCSPORTSSTORE HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS WEBSITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE Website.
Neither Abcsportsstore nor its affiliates make any representation that Materials on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws.
You hereby indemnify, defend and hold harmless Abcsportsstore and its affiliates, and all officers, directors, owners, agents, content providers, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service. You agree to cooperate as fully as reasonably required in defense of any such claim. Abcsportsstore reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
ENFORCEMENT BY SHOPTOKO
In the event Abcsportsstore determines, in its sole discretion, that you have violated these Terms, Abcsportsstore will have the right to immediately terminate your account (with or without refund), refuse membership, block your use of the Website and/or pursue any other remedies available to it under applicable law.
This Agreement, and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of the State of Massachusetts. Any dispute arising between you and Abcsportsstore will be submitted to binding arbitration in Massachusetts in accordance with the American Arbitration Association’s standard rules then in effect for arbitration of commercial disputes.
UPDATES TO TERMS
Abcsportsstore shall have the right to revise these Terms at any time by updating this posting. By using this Website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms to which you are bound.
We respect the privacy of our users. Our policies with regard to personally identifiable information we collect from you, what information third parties affiliated with Abcsportsstore collect from you and how that information is used are governed by Our description .
All of the Material available on the Website is copyright © 2012, ABCSPORTSSTORE. or used under license.
These Terms constitute the entire agreement between you and Abcsportsstore governing your use of the Website and our Services, superseding any prior agreements between you and Abcsportsstore. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Abcsportsstore products or services, or products or services offered by Abcsportsstore affiliates, or participate in any contests or promotions.
(i) statement that you have identified material on our services which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable); (ii) a description of the copyrighted work that you claim has been infringed, which should include the type of work and any relevant further details (such as the title and date of publication, as applicable); (iii) the country or countries to which your copyright applies; (iv) a description of the way in which the copyright material has been infringed; (v) a description of where the material that you claim is infringing is located on the Website or on our services (including a URL and/or screen shot if applicable); (vi) your address, telephone number, and email address so that we may get in contact with you; (vii) the contact details that you would like us to provide to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint; (viii) a statement by you that you have a good faith belief that the disputed use of the copyright work is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law; (ix) a statement by you, made under penalty of perjury, that the above information in the Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf and (x) an electronic or physical signature (which may be a scanned copy) of the copyright owner.
Once you have completed the Notice, having included all of the information set out above, please send it to: email@example.com ...