Terms & Conditions
ASAP-Aquarium.com Terms & Conditions
The purchasers of products and/or services from ASAP-Aquarium.com or any affiliate thereof (“ASAP-Aquarium.com”) are subject to the following terms and conditions. The term “Purchaser” shall mean the party placing an order with ASAP-Aquarium.com and identified as such in any document attached hereto (“attachment”), this document and all attachments are hereinafter referred to as “this Agreement”. The terms and conditions set forth in this agreement shall constitute the entire agreement between ASAP-Aquarium.com and Purchaser relating to the sale of the products (“Products”) and/or services (“Services”) described in any attachment, or in an subsequent purchase or sales order. No conflicting or final terms or conditions which may appear in any order or other document of Purchaser shall be of any force or effect unless accepted and agreed to in writing by an officer of ASAP-Aquarium.com.
The prices under this agreement are F.O.B. point of shipment and exclusive of all sales, use, excise or other taxes. The prices set forth shall be in effect until notice in writing from ASAP-Aquarium.com. ASAP-Aquarium.com reserves the right to adjust prices at its discretion with proper notice to Purchaser.
Purchaser shall pay all federal, state, municipal or other sales, use, excise or other taxes, assessments and charges assessed or levied against the products and/or services. Purchaser agrees to pay to ASAP-Aquarium.com on request any federal, state, municipal or other sales, use, excise or other taxes, assessments or charges payable by ASAP-Aquarium.com with respect to the products and/or services of the sale thereof.
Delivery will be F.O.B. point of shipment. Unless otherwise directed by Purchaser, ASAP-Aquarium.com will pre-pay the freight and bill Purchaser for shipping and handling charges as applicable unless otherwise stated. Purchaser assumes all risk of loss during delivery of the Products by ASAP-Aquarium.com to the carrier. In the absence of instructions to the contrary, ASAP-Aquarium.com, on behalf of the Purchaser, shall exercise its own discretion as to the method of shipment to be used and the selection of the carrier but shall not be deemed thereby to assume any liability in connection with the shipment nor shall the carrier thereby be deemed an agent of ASAP-Aquarium.com. No goods shall be returned for credit or replacement without prior RMA authorization by ASAP-Aquarium.com. All goods returned without such prior authorization will not be accepted by ASAP-Aquarium.com and will be returned to the purchaser freight collect.
Terms of Payment
Except as otherwise stated in any attachment, terms are net due upon purchase. Payment method will be credit card (Visa, MasterCard, American Express or Discover). Checks are accepted subject to collection and the date of collection shall be deemed the date of payment. Any check received from Buyer may be applied by Seller against any obligation owing from Buyer to Seller, regardless of any statement appearing on or referring to such check, without discharging Buyer's liability for any additional amounts owing from Buyer to Seller, and the acceptance by Seller of such check shall not constitute a waiver of Seller's right to pursue the collection of any remaining balance. Buyer shall pay interest on any invoice not paid when due from the due date to the date of payment at the rate of one and one-half (1–1/2%) percent per month or such lower rate as may be the maximum allowable by law. If Buyer fails to make payment when due, Seller may pursue any legal or equitable remedies, in which event Seller shall be entitled to reimbursement for costs of collection and reasonable attorneys fees. There shall be no time limit as to when Seller shall pursue any legal or equitable remedies. Reasonable annual costs of collection and attorney fees shall be defined as the greater of a maximum of $50,000, one hundred percent (100%) of compounded collection amount, or maximum allowable by law.
Disclaimer and Limitation of Liability
ASAP-Aquarium.com shall in no event be liable for damages, including but not limited to incidental or consequential damages, for injury to any property or to any person, by reason of the person's negligence or otherwise in connection with the safe, delivery, installation or use of the products and/or provision of services pursuant to this agreement, and purchaser shall indemnify and hold harmless ASAP-Aquarium.com against further liability. Without limiting the generality of the foregoing, ASAP-Aquarium.com shall in no event be liable for lost profits arising out of, or in connection with, this agreement. Neither ASAP-Aquarium.com nor purchaser shall be liable for delay in the performance of any of its obligations under this agreement arising out of causes beyond its control, including but not limited to acts of God, governmental action, fires, floods, epidemics, quarantines, strikes, embargoes, or severe weather.
General Provisions and Governing Law
This agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. Neither this agreement nor any variation or modification of this agreement or waiver of any of the terms or provisions hereof shall be deemed valid and binding upon ASAP-Aquarium.com unless in writing, signed by an officer of ASAP-Aquarium.com and delivered by ASAP-Aquarium.com to Purchaser. Failure by either party to enforce the terms hereof shall not be deemed a waiver of future enforcement of that or any other term. This agreement shall be construed and enforced in accordance with the procedural and substantive Laws of the State of California, United States of America (with the exception of the conflicts of laws provisions of such state), and both parties agree that the federal and state courts located in California shall have jurisdiction over any matter arising in connection with the agreement, and hereby submit to such jurisdiction, further, the parties agree that venue for any matter arising in connection with this shall properly lay in the County of Los Angeles, California.
Notices under this agreement shall be in writing and forwarded registered or certified mail, postage prepaid. Notices to ASAP-Aquarium.com shall be addressed to ASAP-Aquarium.com, 20058 Ventura Blvd. #168, Woodland Hills, California 91364. Notices to purchaser shall to be to the Purchaser's principal business address or at its address set forth on the face of this agreement.
Returns on unused, unopened products with the product and product packaging in new condition will be accepted up to 30 days after the customer receives delivery on an order. We do not take returns on lamps under any circumstances. The customer is responsible for paying the return shipping, and the original shipping charges will not be refunded. To accept a return on a product we must be able to sell the product again as a NEW PRODUCT.
Keep the Following in mind when returning a product:
- The packaging for the product returned to us must be in the same condition as when the product was received. You may open the package and inspect for any hidden damage before returning a product.
- Unless the product was sent to you in the retail packaging (which is very uncommon), the product must be returned in a shipping box (such as the shipping box the product was sent in).
- If you write the shipping address/return the address on the product box, or have a UPS, FedEx or USPS shipping sticker on the product box we can not accept a return on the product.
- If the product packaging has been damaged in transit when it was sent back to us, we can not accept a return.
- If a returned product is damaged in transit back to ASAP-Aquarium.com, we cannot provide a refund for the returned products. The customer is responsible for placing an insurance claim with the shipper. We will hold on to the damaged product for one month. You may open the package and inspect for any hidden damage before returning a product. If you do not report damage before returning a product we will assume the damage occurred on the return journey to our facility and we will not accept the return.
We do not refund the original shipping charges. If the order was shipped to the customer for free, we will deduct $6.99 from the refund to cover the original shipping charges (which in many cases was much more than $6.99). Free shipping is conditional on the customer keeping the product.
All products returned to us must be accompanied by a copy of the invoice, a note with the invoice #, or the invoice # written on the outside of the shipping box (but not the product box).
Please send returns to:
20058 Ventura Blvd. #168
Woodland Hills, CA 91364