AllStuffetc / CarStuffetc
Buyer’s
Agreement &
General Terms of Sale
THE
FOLLOWING DESCRIBES THE TERMS ON WHICH AllStuffetc© / CarStuffetc©
OFFERS ITEMS FOR PURCHASE OR BID
Effective 1/1/04
This agreement describes the terms and
conditions applicable to the bid or purchase of any and all items CarStuffetc markets and sells on all internet sites where CarStuffetc conducts business. This document is a binding
legal contract and is intended to protect the customer as well as CarStuffetc.
CarStuffetc may amend this buyer’s agreement at any time by
posting the amended terms on our company website located at www.carstuffetc.com. All amended
terms will automatically be effective one day after they are initially posted
on our company website, unless otherwise stated within our Buyers Agreement.
This agreement may not be amended for any reason, except in consensual writing
signed by both the customer and CarStuffetc. This
agreement is effective for all new bids or purchases.
Note all reference to AllStuffetc
or CarStuffetc are the same company.
- 100% Satisfaction
Guarantee.
CarStuffetc provide a 15-day inspection period
from the date of shipping in which the customer may notify CarStuffetc of any defects or shipping damages. We
offer a 100% Satisfaction Guarantee. If the customer is dissatisfied
with the product it may be returned if CarStuffetc
is notified within 15 days from date shipped. Exception, CarStuffetc will not accept any item for return or
refund that is a special order, or any item
that is deliberately damaged to avoid the restocking charge.
Shipping, handling, and insurance fees are not refundable. A
restocking fee of 15% will be applied on all return items unless a
defective item cannot be replaced or if an item is returned for credit on
an item of equal or greater value. No other warrantee or guarantee
is expressed or implied. The buyer shall bear the shipping cost and
liability of goods returned to us. CarStuffetc
will not accept any returns without an RMA number. To obtain a return
authorization number, contact us by the methods described under the
contact section of this agreement. All returned goods must have the RMA
number clearly visible on the outside of the package. The customer must
include a note inside the package with the RMA#, the contact information,
including item number and eBay user ID if applicable and a description of
request. A package that arrives without an RMA #
or that is returned to a location other than the address listed below can
be refused. If you breach this agreement or the terms of sale you may
forfeit your right to return any item. All packages must be
returned to the CarStuffetc home office
regardless of their shipping origin.
Return Address:
CarStuffetc
94 Woodland Ct.
Wetumpka, AL 36093
- Contact and
Communications.
Email is an easy and convenient
means in which to contact CarStuffetc. However,
it is often not a reliable means of communications and it should never be
assumed that any email the customer sends to CarStuffetc
has reached its intended destination, unless he/she receives a clear
response regarding each individual email that he/she has sent to CarStuffetc. Many emails that CarStuffetc sends or responds to are often rejected by
the host system for various reasons. Therefore, it is imperative that the
customer contact CarStuffetc by way the eBay
messaging system or telephone for all concerns or inquiries that require
immediate attention. Our company attempts to answer all email that we
receive with in 2 business days. CarStuffetc
normally does not answer email on weekends, holidays or after normal
business hours. If the customer does not get a response from CarStuffetc within 2 business days of his/her initial
contact attempt then he/she should assume that the email has failed. If a
customer’s inquiry is of a nature that needs immediate attention, or the
email has failed, he/she should promptly contact us by phone, U.S. Mail,
or other mail carrier. For any form of time sensitive request, such as but
not limited to, return authorization or refunds, we will extend the time
period by two days when email fails where the customer must contact us
phone or use snail mail. If you use U.S. Mail, or another carrier, the
postmarked date will be considered the contact date.
Our main email address is: sales@carstuffetc.com
Phone 334-567-3816. Monday - Friday from 10:00AM
to 4:30PM Central Time
Mailing Address:
CarStuffetc
94 Woodland Ct
Wetumpka, AL 36093
- Bidding and Buying.
Customers are obligated to complete the transaction with CarStuffetc if he/she purchases an item through one of
CarStuffetc fixed price formats or if they are
the highest bidder, as described below. If you the highest bidder at the
end of an auction (meeting the applicable minimum bid or reserve
requirements) and the bid is accepted by CarStuffetc, you are obligated to complete the
transaction with us. By bidding on an item you consent to be bound by this
agreement and the conditions of sale included in the item's description so
long as those conditions of sale are not in violation of the auction
company's rules or unlawful. Bids are not retractable excluding
exceptional circumstances including, but not limited to, a material change
in the products description after you bid, or a clear typographical error
is made.
- Payment.
The customer agrees to pay CarStuffetc in full
for sold items and the applicable shipping and handling fees within seven
days of the closing of an auction or sale date. Accounts that are more
than seven days past due may be considered a breach of this
agreement. It is the buyer’s responsibility to get his/her payment
to CarStuffetc correctly. CarStuffetc
will send an email when the customer’s payment is posted. The customer
should not assume that his/her payment has reached us until he/she
receives valid conformation. If a customer does not receive a conformation
by email in the expected time, please contact us. If paying by
electronic means such as Paypal or credit card,
we will only be able to ship to the verified billing address on file with
that company. Also if paying by credit card you may be required to
provide a FAX copy of your photo ID and credit card. Payments by
check are held 10 days to clear our bank before shipping. Please make checks or money orders payable to
Alex Wilcox and include your eBay user ID and item number with your
payment (when applicable).
- Over payment.
Sending the proper payment is the buyer’s responsibility. In the event the
buyer over pays through no fault of CarStuffetc,
we will first attempt to apply the over payment to any unpaid balances
that may be due. If no other balances are due we will refund the over
payment as follows; If payment was made by electronic means such as credit
card, we will credit the amount of the over payment less any fees
that CarStuffetc is charged by the processor and
an additional $2.00 handling fee. If the over payment was made by
check or money order, we will issue a check for the full amount of
the over payment less a $2.00 handling fee.
- Pictures
appearance, perception, and glare.
CarStuffetc attempts to display pictures that
represent the most typical specimen of our merchandise. Our pictures
are taken from different angles and distances in order to show the optimal
view and are not to scale. Due to the many different sizes of monitors and
their possible display resolutions, it is not possible to accurately
determine the size of any object in any picture. CarStuffetc
specifies the sizes, weights, and dimensions for most of our products when
applicable. Customers should rely on the written text in the description
to judge the correct size of any product. It is also difficult to display
the exact color of an item due to variations in computer monitors.
- Feedback all sales /
eBay.
CarStuffetc takes its customers’ feedback and
ratings very serious. For this reason we have made a substantial
investment in our reputation. Therefore, we make every reasonable effort
to satisfy each customer within the terms of this buyer’s agreement and CarStuffetc’s other terms and regulations. We have a
100% Satisfaction Guarantee and we also guarantee safe delivery of all
packages. Because we offer such considerations the customer must contact
us as described in the "Contact and Communications" section of
this agreement and give us an opportunity to satisfy your complaint before
leaving any negative or damaging feedback's or ratings in any public
forum. You forfeit any right to leave feedback if you fail to pay us in
full or breach this agreement. There can be serious repercussions for
disclosing or publishing false or inappropriate negative feedback's or ratings.
Inappropriate negative feedback includes, but is not limited to;
criticism as a result of any action we are entitled to do by law; negative
feedback regarding the terms of this agreement, or the user agreement of
the auction company where the item was purchased, and any claim that can
not be proven. In such cases of inappropriate feedback we can seek
damages both actual and punitive as well as attorney fees in addition to
having the feedback removed. There is no other restriction in this agreement
to prevent anyone from leaving negative feedback or rating after the
transaction is final as long as the claim can be substantiated.
- EBay’s User's
Agreement.
If you are making your purchase through EBay. You agree to abide by the
EBay’s user's agreement. If you violate EBay’s User's Agreement in
any way related to your transaction with CarStuffetc,
you are also in violation of this agreement.
- Liability Limit.
CarStuffetc is not responsible for the use or
misuse of any of our products. Our maximum liability will not be greater
than the actual amount paid for the item, plus the normal shipping and
handling fees.
- Errors and
omissions.
In the event of a material error
or omission in the description of any item the buyer may cancel the
transaction and is entitled to a 100% refund of the amount paid for the
item plus any shipping and handling paid to CarStuffetc.
The buyer will also be entitled to free priority mail shipping on their
next purchase. If an error occurs in the starting bid price of any auction
item, we may cancel the auction before or after the auction closes with
out remedy to the buyer other than a complete refund of any money paid.
The buyer is not entitled to any other remedy other than described here.
- No longer available
or out of stock items.
In the rare event that any item
is temporarily out of stock we may delay shipment of up to ten business
days. If an item is unavailable for more than ten business days, or
becomes lost, damaged, or any reason that prevents us from delivering the
item, the buyer upon request is entitled to a 100% refund of all money
paid for the item and shipping plus the buyer will be entitled to free
standard shipping on the next purchase. The buyer is not entitled to
any other remedy other than described here.
- Payments by Credit
Card (PayPal).
CarStuffetc will accept credit cards for payment
as cash through PayPal only. In order to reduce credit card fraud, we
reserve the right to require identification of card holder. In some
cases we may require a FAX copy of your credit card and Drivers license.
We will require FAX copies if your shipping address is other than your
verified billing address. We reserve the right to decline any credit
card that doesn't meet our internal policies. The buyer agrees not
to process any charge backs for any charge that the buyer had
authorized. CarStuffetc will credit your
credit card for any items returned for refund or any items lost in
shipping that comply with the terms of this agreement. If this
provision is breached and a charge back is processed in violation of
this agreement, CarStuffetc may charge your card
for the amount of the charge back, all bank fees, and charge back
fees.
- Electronic Payment,
Paypal, and Bid
Pay.
We will accept these forms of payment as cash. We reserve the right to
decline any electronic payment that doesn't meet our internal
policies. Most electronic payment companies restrict us to ship only
to the verified address on file with that company. In these cases
we may refuse to ship to any other address. The buyer agrees not to
process any charge backs for any payment that the buyer had
authorized. CarStuffetc will credit the
account from which the payment was sent for any items returned for
refund or any items lost in shipping that comply with the terms of this
agreement.
- Foreign Checks
and Money Orders.
We do not accept checks and money orders that are not drawn on a US bank in
US dollars. Exception for Canadian Postal money orders that are in
US dollars. If we receive a foreign check or money order, we may at
our discretion notify the sender and request a new form of payment or we
may deposit the item in our bank and add a $15.00 processing fee to your
account which must be paid before the item is shipped.
- Breach.
Without limiting other remedies, we may immediately issue a warning; we
may terminate your transaction and refuse to provide any services to you;
you may forfeit any and all rights for an exchange or refund for any
reason including items lost in the mail and any undelivered goods:
(a) if you breach this Agreement or the documents it incorporates by
reference; (b) if you fail to pay in full within 7 days of the close
of the auction or purchase date for all items; or (c) if you
damage CarStuffetc by leaving harmful or
negative comments that are false or unsubstantiated in any public forum of
any Internet auction or on-line store; or (d) You fail to contact us by
the methods described in the "Contact and Communications"
section of this document and give us an opportunity to correct the problem
before leaving harmful or negative comments that are in any public forum
of any Internet auction or on line store.
- Litigation.
Any legal controversy or legal clam arising out of or relating to this Agreement,
our services or products shall be resolved in the jurisdiction of CarStuffetc's home office in Elmore County, Alabama.
By making a purchase with CarStuffetc, buyer
agrees to submit to the jurisdiction of Elmore County, Alabama,
and specifically waives any defense of lack of personal jurisdiction. CarStuffetc further sets the sum of $1000.00 as
liquidated damages for breach of this agreement as set out in paragraphs
7, 8 and 15, above, a reasonable attorney's fee, and the sum of $500.00 as
liquidated damages for breach of this agreement regarding charge backs as
set out in paragraphs 12 and 13 above. In the event the court rules
against CarStuffetc, we will pay the judgment
within 30 days unless an appeal is filed. In the event the court rules in
favor of CarStuffetc, we may charge the judgment
to the customer's credit card on file unless appeal is filed and appeal
bond posted. Access to CarStuffetc through the
Internet shall not be construed as CarStuffetc’s
purposeful availment of the privileges or
benefits of doing business in any state or legal jurisdiction other than
the State of Alabama.
This Agreement shall be governed by and construed in accordance with the
laws of the State of Alabama,
without regard to its conflicts or choice of laws principles. In any legal
action arising out of or relating to this Agreement, our services or
products, the Elmore County Court, State of Alabama, shall have sole and
exclusive jurisdiction and venue, over such action, or if that court lacks
subject matter jurisdiction, the United States District Court for the
Middle District of Alabama, shall have sole and exclusive jurisdiction and
venue over such action.
- General.
This Agreement shall be governed in all respects by the laws of the State
of Alabama as such laws are applied to
agreements entered into and to be performed entirely within Alabama between Alabama residents. We do not guarantee
continuous, uninterrupted, or secure access to our services, and operation
of our site may be interfered with by numerous factors outside of our
control. If any provision of this Agreement is held to be invalid or not
enforceable, such provision shall be struck and the remaining provisions
shall be enforced. You agree that this Agreement and all incorporated
agreements may be automatically assigned by CarStuffetc,
in our sole discretion, to a third party in the event of a merger or
acquisition. Headings are for reference purposes only and in no way
define, limit, construe, or describe the scope, or extent of such section.
Our failure to act with respect to a breach by you or others does not
waive our right to act with respect to subsequent or similar breaches by
others.
- Reserve the
right To Restrict Access or cancel auction.
We reserve the right to restrict access to any of our Internet sites and
auctions. We have the right to block or other wise refuse
service to any one that has breached this agreement. If we send
notice in any form or we add any name to a blocked bidder list on any
site, the Buyer is considered banned from any further transaction with CarStuffetc regardless of any alias used. We reserve
the right to cancel any and all bids and cancel any auction before it
closes for any reason.
- Shipping and
Shipping Rates.
Auction items can be combined from our eBay store at the same time for
additional savings. It is the responsibility of the buyer to
combine the items and calculate the correct shipping when the discount is
specified in the listing. The buyer may also contact us to have us
send an invoice for combined auction and eBay store items for a shipping
discount. However, items must be combined before payment is
made. Once payment is submitted we can no longer combine items for a
shipping discount. After each auction closes, we will send you an
automated notice from eBay / PayPal. By following the instruction in
the eBay check out, you will be able to combine multiple auctions when the
shipping discount is specified or a quote has been previously
provided. We can not ship FedEx or UPS to any US Post box. If
you do select FedEx or UPS with a US Post Box address, your item will be
shipped by the equivalent USPO means. For all foreign shipments the buyer
is responsible for any and all taxes and tariffs and they are usually
collected COD by the carrier. If you require tracking or proof of
delivery then you must select the appropriate shipping option for your
preferred carrier or that of the methods offered in the listing.
Delivery confirmation is provided standard for 1st class mail or
Priority. All shipments over $100.00 or any item paid by
electronic means must be shipped with tracking. For
international packages where tracking is required, Global Express Mail or
Registered Air Mail may be used.
- Lost
Shipment Policy.
CarStuffetc will insure all shipments.
Shipments within the USA
are insured 100%. Shipment out side the USA may not be insured for the
full amount, they will only be insured to the maximum amount allowed by
the carrier. In some case it is as low as $40.00. To claim a lost
shipment for US Mail inside the USA you must notify us no
sooner then 20 days and no latter then 40 days past the shipping
date. For lost mail out side the USA you must notify us no
sooner then 45 days and no later then 90 days past the shipping
date. Some foreign countries may hold packages up to 6 weeks to
clear customs. For packages shipped US Express Mail, UPS or by
Federal Express, you must notify us of a lost package no sooner then 3
days and no later then 10 days past the shipping date. In addition to
notifying us you must complete a "U.S. Postal Lost Mail Claim
Form" (PS1000) which can be obtained at any U.S. Post Office or by
request we can attempt to mail one to you. We will replace the items lost
upon receipt of the properly completed PS1000. For any item that
can not be replaced a 100% refund will be issued.
- Refund
Policy.
All returned items must be in original condition with all of the original
packing materials, parts, & documentation. The normal processing
time for refunds is 7 days for PayPal, and 15 days for all payments mailed
in. Please be patient as we process your refund. If this
processing time presents a hardship for you, please contact us and we will
attempt to expedite your refund. There is a 15% restocking fee on
all items returned for refund. We will waive the restocking fee if
credit is applied towards any item of equal or greater value.
Shipping, handling, and insurance are not refundable.
- Harassing communication
CarStuffetc expects every customer to treat our staff with
common courtesy and respect. We operate in the State of Alabama where
harassing communication is a misdemeanor crime. Therefore if we
receive any type of harassing communication such as profanity, vulgar
language, obscenities, or threats of violence, we may refuse to provide
any further service to you and reject any further communications from you.
Last revised on 1/1/04