Sports Merchandising Network
  
Advanced Search 
basket
basket
checkout
checkout
help
help
  You're new here! Welcome, please feel free to browse our store. Date: 05/09/2010 
Main Section - Terms And Conditions Of Use

There are our terms and conditions. Please read them with care.

Terms and Conditions



In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Customer", "You" and "Your" refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", "Ourselves", "We" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Customer and ourselves, or either the Customer or ourselves. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Statement
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual Customers. We constantly review our systems and data to ensure the best possible service to our Customers.

Confidentiality
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Customer records are regarded as confidential and therefore will not be divulged to any third party, other than our manufacturer/supplier(s) and if legally required to do so to the appropriate authorities. Customers have the right to request sight of, and copies of any and all Customer Records we keep, on the proviso that we are given reasonable notice of such a request. Customers are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Customer’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

Disclaimer Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
A. Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and

B. Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Payment
Cash or Personal Check, and all major Credit/Debit Cards are all acceptable methods of payment. Our Terms are payment in full at time of order. All goods remain the property of the Company until paid for in full. Returned checks will incur a $25 charge to cover banking fees and administrative costs. In an instance of a second Returned check, we reserve the right to terminate the order and, if agreed to, we shall insist on future cash transactions only. Consequently, all transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.

Returns Policy
A Return Merchandise Authorization (RMA) is required for any and all returns. Undamaged, unopened merchandise may be returned for credit against future orders. Damaged or defective merchandise must be reported and returned within seven days of receipt. Seasonal, holiday and championship merchandise is non-returnable. Any merchandise which becomes out dated due to changes in team/driver logos, numbers, colors, etc. is non-rerturnable, provided these changes occurred after delivery of the merchandise. All other merchandise returns may be subject to a 20 percent restocking fee, and must be in re-salable condition and any pricing labels or tags which may have been placed on the merchandise by the Customer must be removed prior to return. Any return still carrying any pricing labels or tags will be subject to an additional 5 percent handling fee. Customer is responsible for all shipping charges.

Availability and Backorders
The Company does not warrant that the merchandise from this site will be available at the time of order. The Company handles thousands of items representing hundreds of teams/drivers and supplied by dozens of manufacturers. While the Company stives to make delivery in a timely fashion, some itmes may be out of stock or on backorder and will ship immediately upon availability. Any merchandise which remains on backorder for more than 6 weeks, may be cancelled for credit against future orders, and, at the option of the Customer, reordered at a later date. By ordering through this website you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website. This Company’s logo is a trademark of this Company. The brand names, leagues, teams, drivers and organizations featured on this web site are trade marked by their respective owners and used for informational purposes. No affiliation, endorsement or challenge of ownership is implied or intended.

Communication
Please use the Contact Us link on this website to send us communications or queries regarding the site. Further communications may be sent to contact@sportsmerchandisingnetwork.com or the Company’s postal address, telephone or facsimile stated below.
Sports Merchandising Network, Inc., 2180 Satellite Blvd., Suite 400, Duluth, GA 30097, Telephone 678-804-8035, Facsimile 678-804-3591

Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General
The laws of Georgia shall govern these terms and conditions. By accessing this website and using our services/buying our products you consent to these terms and conditions and to the exclusive jurisdiction of Georgia Law in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site Customers’ Personally Identifiable Information, notification by e -mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

These terms and conditions form part of the Agreement between the Customer and ourselves. Your accessing of this website and/or placing an order indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected. © Sports Merchandising Network, Inc. All Rights Reserved

Solution Graphics
This site and all contents are ©2008 Sports Merchandising Network
Email: contact@sportsmerchandisingnetwork.com   Telephone: