Terms
and Conditions EVSG911.com
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OVERVIEW
This
website is operated by EVS Group Inc. Throughout the site, the terms “we”, “us”
and “our” refer to EVSG911.com. EVSG911.com.
offers this website, including all information, tools and services available
from this site to you, the user, conditioned upon your acceptance of all terms,
conditions, policies and notices stated here.
By
visiting our site and/ or purchasing something from us, you engage in our
“Service” and agree to be bound by the following terms and conditions (“Terms
of Service”, “Terms”), including those additional terms and conditions and
policies referenced herein and/or available by hyperlink. These Terms of
Service apply to all users of the site, including without limitation users who
are browsers, vendors, customers, merchants, and/ or contributors of content.
Please
read these Terms of Service carefully before accessing or using our website. By
accessing or using any part of the site, you agree to be bound by these Terms
of Service. If you do not agree to all the terms and conditions of this
agreement, then you may not access the website or use any services. If these
Terms of Service are considered an offer, acceptance is expressly limited to
these Terms of Service.
Any
new features or tools which are added to the current store shall also be
subject to the Terms of Service. You can review the most current version of the
Terms of Service at any time on this page. We reserve the right to update,
change or replace any part of these Terms of Service by posting updates and/or
changes to our website. It is your responsibility to check this page
periodically for changes. Your continued use of or access to the website
following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on 3dCart. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
IMPORTANT - WE NOW OFFER TEXT MESSAGING SERVICE. BY CALLING OR TEXTING OUR TOLL FREE NUMBER 855-387-4911, YOU THE CUSTOMER ARE GIVING US APPLIED CONCENT TO TEXT YOU BACK. IF YOU NO LONGER AGREE TO THIS TYPE OF CONMUNICATION, VIA TEXT MESSAGE, YOU THE CUSTOMER MAY OPT OUT AT ANY TIME BY REPLYING "STOP" TO ANY MESSAGE.
SECTION 1 - ONLINE STORE TERMS
By
agreeing to these Terms of Service, you represent that you are at least the age
of majority in your state or province of residence, or that you are the age of
majority in your state or province of residence and you have given us your
consent to allow any of your minor dependents to use this site.
You
may not use our products for any illegal or unauthorized purpose nor may you,
in the use of the Service, violate any laws in your jurisdiction (including but
not limited to copyright laws).
You
must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We
reserve the right to refuse service to anyone for any reason at any time.
You
understand that your content (not including credit card information), may be
transferred unencrypted and involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices. Credit card information is always encrypted during
transfer over networks.
You
agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of
the Service, use of the Service, or access to the Service or any contact on the
website through which the service is provided, without express written
permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND
TIMELINESS OF INFORMATION
We
are not responsible if information made available on this site is not accurate,
complete or current. The material on this site is provided for general
information only and should not be relied upon or used as the sole basis for
making decisions without consulting primary, more accurate, more complete or
more timely sources of information. Any reliance on the material on this site
is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4a - MODIFICATIONS TO THE
SERVICE AND PRICES
Prices
for our products are subject to change without notice.
We
reserve the right at any time to modify or discontinue the Service (or any part
or content thereof) without notice at any time.
We
shall not be liable to you or to any third-party for any modification, price
change, suspension or discontinuance of the Service.
Promotions cannot be retroactive.
SECTION 4b - REFUNDS
Our
policy lasts 5 days. If 6 days have gone by since your purchase, unfortunately
we can’t offer you a refund or exchange.
To be
eligible for a return, your item must be unused and in the same condition that
you received it. It must also be in the original packaging.
Several types of goods are exempt from being returned. Custom made products, special orders cannot be returned. We also do not accept products that are intimate or hazardous materials, or flammable liquids or gases.
RMA is required.
Please
fill out on our website a RMA request form and the reason for the request
before the sixth business day.
Additional
non-returnable items:
Gift
cards
Downloadable
software products
To
complete your return, we require a receipt or proof of purchase.
Important Note
Please
do not send your purchase back to the manufacturer, unless we have given you
the ok to do so.
There
are certain situations where only partial refunds are granted (if applicable)
Obvious
signs of use
Bag
has been opened
Any
item not in its original condition, is damaged or missing parts for reasons not
due to our error
Any
item that is returned more than 6 business days after delivery
Refunds
Once
your return is received and inspected, we will send you an email to notify you
that we have received your returned item. We will also notify you of the
approval or rejection of your refund within 14 days.
If
you are approved, then your refund will be processed, and a credit will
automatically be applied to your credit card or original method of payment,
within a seven business of days.
If you send an RMA request to us after the sixth day, all refunds will be applied as store credit to your account.
SECTION 4c - REFUNDS - STORE CREDIT
In
order to provide superior customer service, PSE911 will you to exchange your
order if you are not completely satisfied with any product for any reason (one
time), simply follow return the product to us. We will accept your return up to
6 days from the date of invoice (RMA REQUIRED); we will gladly exchange your
item for another item of equal or lesser or your purchase price, less shipping
cost. Original shipping charges are non-refundable.
If
the goods are faulty, we will meet our obligations under the applicable laws.
Whelen,
PowerArc, Soundoff Signal, Fed Sig, Feniex, Rontan, Code 3 are subject to
35-40% restocking/canceling fee. The above items are sent via Factory Direct.
Any special orders request are subject to a 50-60% cancellation and restocking
fee. However, if non-faulty accounts are cancelled within two business days,
the payment request can be made for a full refund/void transaction, will be
given.
All
returns for credit will be applied to your in-house user account or exchange is
subject to a restocking fee. The product must be returned unused, undamaged in
the original box with all parts, packing and instructions. Customers are
responsible for return shipping of the product to our warehouse.
Special
order items or items that have been altered, decorated, engraved, customized,
or otherwise embellished at the request of a customer cannot be returned unless
the return is related to our error.
All
returned items must be new, and unused (weather you powered it on for 1 minute
or longer it is considered used), and in their original packaging including all
original hardware and instructions. Any items showing wear, damage,
modification, or installation (which includes scratches, dings, dents, and cut
or stripped wires) will not receive a refund a full exchange, and your refund
will be pro-rated if there wear and tear shown.
The return/exchange policy is on the site and you agree to it when placing an order. We charge no fees for an exchange unless there are signs of wear shown with your item.
Late or missing refunds
If
you haven’t received a refund yet, first check your bank account again.
Then
contact your credit card company, it may take some time before your refund is
officially posted.
Next
contact your bank. There is often some processing time before a refund is
posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at [email protected]
Sale items
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
Exchanges
We
only replace items if they are defective or damaged. If you need to exchange it for the same item,
send us an email at [email protected] and send your item to: EVS
Group, 905 N. Trooper Rd, Rear Building, Eagleville Pennsylvania US 19403
Gifts
If
the item was marked as a gift when purchased and shipped directly to you,
you’ll receive a gift credit for the value of your return. Once the returned
item is received, a gift certificate will be mailed to you.
If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.
Shipping
To
return your product, you should mail your product to: EVS Group, 905 N. Trooper
Rd, Rear Building, Eagleville Pennsylvania US 19403
You
will be responsible for paying for your own shipping costs for returning your
item. Shipping costs are non-refundable. If you receive a refund, the cost of
return shipping will be deducted from your refund.
Depending
on where you live, the time it may take for your exchanged product to reach
you, may vary.
If you are shipping an item over $75, you should consider using a traceable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
SECTION 5 - PRODUCTS OR SERVICES (if
applicable)
Certain
products or services may be available exclusively online through the website. These
products or services may have limited quantities and are subject to return or
exchange only according to our Return Policy.
We
have made every effort to display as accurately as possible the colors and
images of our products that appear at the store. We cannot guarantee that your
computer monitor's display of any color will be accurate.
We
reserve the right, but are not obligated, to limit the sales of our products or
Services to any person, geographic region or jurisdiction. We may exercise this
right on a case-by-case basis. We reserve the right to limit the quantities of
any products or services that we offer. All descriptions of products or product
pricing are subject to change at any time without notice, at the sole
discretion of us. We reserve the right to discontinue any product at any time.
Any offer for any product or service made on this site is void where
prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND
ACCOUNT INFORMATION
We
reserve the right to refuse any order you place with us. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household or
per order. These restrictions may include orders placed by or under the same
customer account, the same credit card, and/or orders that use the same billing
and/or shipping address. In the event that we make a change to or cancel an
order, we may attempt to notify you by contacting the e-mail and/or billing
address/phone number provided at the time the order was made. We reserve the
right to limit or prohibit orders that, in our sole judgment, appear to be
placed by dealers, resellers or distributors.
You
agree to provide current, complete and accurate purchase and account
information for all purchases made at our store. You agree to promptly update
your account and other information, including your email address and credit
card numbers and expiration dates, so that we can complete your transactions
and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We
may provide you with access to third-party tools over which we neither monitor
nor has any control or input.
You
acknowledge and agree that we provide access to such tools are ”as is” and “as
available” without any warranties, representations or conditions of any kind
and without any endorsement. We shall have no liability whatsoever arising from
or relating to your use of optional third-party tools.
Any
use by you of optional tools offered through the site is entirely at your own
risk and discretion and you should ensure that you are familiar with and
approve of the terms on which tools are provided by the relevant third-party
provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain
content, products and services available via our Service may include materials
from third-parties.
Third-party
links on this site may direct you to third-party websites that are not
affiliated with us. We are not responsible for examining or evaluating the
content or accuracy and we do not warrant and will not have any liability or
responsibility for any third-party materials or websites, or for any other
materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND
OTHER SUBMISSIONS
If,
at our request, you send certain specific submissions (for example contest
entries) or without a request from us you send creative ideas, suggestions,
proposals, plans, or other materials, whether online, by email, by postal mail,
or otherwise (collectively, 'comments'), you agree that we may, at any time,
without restriction, edit, copy, publish, distribute, translate and otherwise
use in any medium any comments that you forward to us. We are and shall be
under no obligation (1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any comments.
We
may, but have no obligation to, monitor, edit or remove content that we
determine in our sole discretion are unlawful, offensive, threatening,
libelous, defamatory, pornographic, obscene or otherwise objectionable or
violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND
OMISSIONS
Occasionally
there may be information on our site or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to product
descriptions, pricing, promotions, offers, product shipping charges, transit
times and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or cancel orders
if any information in the Service or on any related website is inaccurate at
any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES;
LIMITATION OF LIABILITY
We do
not guarantee, represent or warrant that your use of our service will be
uninterrupted, timely, secure or error-free.
We do
not warrant that the results that may be obtained from the use of the service
will be accurate or reliable.
You
agree that from time to time we may remove the service for indefinite periods
of time or cancel the service at any time, without notice to you.
You
expressly agree that your use of, or inability to use, the service is at your
sole risk. The service and all products and services delivered to you through
the service are (except as expressly stated by us) provided 'as is' and 'as
available' for your use, without any representation, warranties or conditions
of any kind, either express or implied, including all implied warranties or
conditions of merchantability, merchantable quality, fitness for a particular
purpose, durability, title, and non-infringement.
In no case shall EVSG911.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless EVSG911.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The
obligations and liabilities of the parties incurred prior to the termination
date shall survive the termination of this agreement for all purposes.
These
Terms of Service are effective unless and until terminated by either you or us.
You may terminate these Terms of Service at any time by notifying us that you
no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The
failure of us to exercise or enforce any right or provision of these Terms of
Service shall not constitute a waiver of such right or provision.
These
Terms of Service and any policies or operating rules posted by us on this site
or in respect to The Service constitutes the entire agreement and understanding
between you and us and govern your use of the Service, superseding any prior or
contemporaneous agreements, communications and proposals, whether oral or
written, between you and us (including, but not limited to, any prior versions
of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of EVS Group/PSE911.COM Eagleville Pennsylvania US 19403.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You
can review the most current version of the Terms of Service at any time at this
page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions
about the Terms of Service should be sent to us at [email protected]