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Terms of service

WEBSITE TERMS AND CONDITIONS OF USE

By accessing this website, you are agreeing to be bound by this website's Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on 49er Communications Inc's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not: modify or copy the materials; use the materials for any commercial purpose, or any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on 49er Communications Inc's web site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by 49er Communications Inc at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on 49er Communications Inc's website are provided "as is". 49er Communications Inc makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, 49er Communications Inc does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall 49er Communications Inc or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on 49er Communications Inc's Internet site, even if 49er Communications Inc or a 49er Communications Inc authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on 49er Communications Inc's website could include technical, typographical, or photographic errors. 49er Communications Inc does not warrant that any of the materials on its website are accurate, complete, or current. 49er Communications Inc may make changes to the materials contained on its website at any time without notice. 49er Communications Inc does not, however, make any commitment to update the materials.

6. Links

49er Communications Inc has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by 49er Communications Inc of the site. Use of any such linked website is at the user's own risk.

7. Site Terms of Use Modifications

49er Communications Inc may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then-current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to 49er Communications Inc's website shall be governed by the laws of the State of CALIFORNIA without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site.

 

9. Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

 

Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes unless we obtain the consent of the individual concerned or as required by law. We will only retain personal information as long as necessary for the fulfillment of those purposes. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned. Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date. We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification. We will make readily available to customers information about our policies and practices relating to the management of personal information. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

TERMS OF SALE

Billing Information

In most cases, orders can be shipped immediately and there will be a one-time charge for the entire purchase value. Accounts who are given credit by 49er Communications to be paid within 20 or 30 days are held to payment terms on their invoice, all past due invoices will be charged 1.50 monthly/18% annually. Minimum finance charge .50 cents - When you place an order for items that we do not stock, those items become a "Special Order". 49er Communications requires 100% of the order value to be charged at the time of purchase for such items.

Timing of Shipment

All orders are processed within 3 business days of placing the order. Priority orders are processed the same business day or the next business day if placed after Noon PST. Most priority orders will go out UPS the very same day if placed before noon Pacific Standard Time. Orders resulting in a back order will be shipped complete once the back-ordered item(s) are received into the 49er Communications, Inc. Warehouse unless specified by the customer to ship partial and/or at the discretion of 49er Communications, Inc. Requests by the customer for partial shipment of a back ordered order are subject to additional freight charges.

Shipment / Delivery

Customers will receive an email notification of each shipment with tracking number(s) at the time of shipment. Any issues with delivery or items must be reported within 30 days from the date of shipment. 49er Communications is not responsible for misplaced or lost packages after delivery by the package carrier. Shipping cost is inclusive of the customer selected freight and 49er provided insurance for each order.

Cancellations

Because we attempt to keep our prices as low as possible for our customers cancellations of special order items (Items that are not stocked in the 49er Communications warehouse) that we place with manufacturers, will not be permitted once the order has shipped from the factory. This helps keep our costs lower because of a reduced need for item storage due to cancellations. In the event that your order has not shipped from the manufacturer and we are able to cancel the shipment, we may under special circumstances agree to let you cancel your order however there will be a 10% cancellation/processing fee deducted from any credit you receive.  The customer agrees to be bound by these terms.

Returns

We will accept returns in the event you just do not like the item(s) when they arrive. Returns will be accepted only if you notify us within 30 days of your items being delivered and will not be accepted without a return number being issued before the item is shipped back. A refund equal to the price or your order less a 25% restocking fee and less the cost of all shipping charges incurred to get the items to you will be credited to your account. Further, if you paid a discounted shipping rate, in some cases, through our website and/or over the phone, you will be responsible for the actual shipping cost and not the discounted rate in the event of a return. Returns will only be accepted and credits issued if the order is in the same new condition with no damage and in the original undamaged packaging when it arrives back at our warehouse. If an order is refused by the customer upon shipment with no damage, you, the customer, will be charged the 25% restocking fee and all shipping costs we incur to get the items to and from your shipping address. The customer is responsible for inspecting the order upon receipt and notifying the seller within 1 business day if products were damaged during shipping.

Warranties

Products sold through 49er Communications have all manufacturer warranties in place. For specific product warranties please contact 49er Communications with questions. To obtain warranty repair or replacement contact 49er Communications to obtain an RMA prior to shipping the item. The customer must return the equipment properly packaged and freight prepaid to the address listed on the RMA. The warrantor is not liable for inbound shipping costs. The equipment will be returned to the customer freight prepaid from the Warrantor only.

Application Errors

We strive to make certain that our online applications run smoothly and error-free, but cannot guarantee that there will never be an error. In the event of an order containing an error including, but not limited to item pricing, shipping cost, and/or taxes we reserve the right to correct the error with the customer's consent or cancel the order.

Order Accuracy

It is the responsibility of the customer to ensure the accuracy of any order before clicking the confirm order button. By accepting these "Terms of Sale" you are certifying that you have read the order confirmation page and agree that all prices, fees, taxes, and any applicable discounts have been accurately applied to the order. 

The customer is responsible for inspecting the order upon receipt and notifying the seller within 1 business day if incorrect products were shipped. The risk of loss and title for all merchandise ordered on this site passes to the customer when the merchandise is delivered to the shipping carrier.

Government Customers

"Gov" pricing that you receive as a Government account from 49er Communications is pricing that has been reduced based upon your status as a Federal or State employee. You must have a government-issued e-mail address in order to qualify for such pricing. This pricing is lower than published GSA prices in some cases and higher in others. We do not have a GSA contract or imply in any way that this reduction is GSA. We are an authorized GSA dealer for specific items and can discuss this pricing with you over the phone.

Sales Tax

49er Communications, Inc. collects California Sales Tax from all customers with the exception of Federal or Tax Exempt entities: You (the purchaser) are liable for the additional percentage above and beyond the 7.5% California Sales Tax Rate if you live in an area where district taxes are required. For more information: HTTPS://WWW.BOE.CA.GOV/ADS/NEWS06.HTM

 

PRIVACY POLICY

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

 

Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes unless we obtain the consent of the individual concerned or as required by law. We will only retain personal information as long as necessary for the fulfillment of those purposes. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned. Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date. We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification. We will make readily available to customers information about our policies and practices relating to the management of personal information. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

 

Returns & Exchanges

Our Policy

If your product is defective or damaged in transit, you may submit a return/exchange, within 30 days of delivery, for a full refund or equal valued 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. Gift cards are ineligible for return. If you are returning an item because it is damaged or defective or you did not receive the product ordered, we will provide a prepaid return label. We cannot accept returns for orders damaged or missing in transit via a mail forwarder.

All products must be returned unused, unopened (product seals), and in their original packaging otherwise, we may not be able to accept them. Returns that are used, damaged, or altered in any way are not eligible for return and may be sent back to the customer. If you have used a product and are not completely satisfied, please contact us and one of our specialists will work with you to find a product that is tailored to you. Product samples are not eligible for return.

Returning Your Purchase

After reading through our above Return Policy, please send us a request by filling out an RMA request at the bottom of this page. In your request, please fill in all required fields and be as descriptive as possible of any issues. We will then provide you with an RMA which contains further instructions as to how to ship back.

Return items must be postmarked within 30 days of the date the order was delivered to you, otherwise, they may not be eligible for return.

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. 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, usually within 10 business days.

Refunds

Your refund will be credited to the original payment method or as 49er Communications store credit. A 25% restocking fee may be applied for straight returns, see terms and conditions for complete policy.

All orders that have been sent to a destination within the US or Canada, will have their sales taxes refunded. Customs duties and sales taxes from orders placed outside of the US or Canada are non-refundable. These fees may be recovered by contacting your local customs bureau.

Please note that refunds can take up to 10 business days to show up on your account as a result of varying processing times of payment providers.

Exchanges

If you would like to just exchange a product for a different product all shipping costs fall to the customer. One to One exchanges do not incur any restocking fees. Products are eligible for exchange within 30 days of purchase.

 

Shipping Info

Shipping Costs & Delivery Times

Orders must be placed by 2 pm PST to start processing on the same day, most orders will be shipped within 1-2 business days of receiving the order. Delivery times are based on orders placed between Monday – Friday. Shipping cost is inclusive of the customer-selected freight and 49er provided insurance for each order.

We offer shipping options through UPS online through the website. If you need shipping via a different carrier, i.e. USPS, FedEx, etc., please give us a call for custom shipment options at 800-552-0707..

Expedited orders placed before 2 pm will ship the same day as long as all items are in stock. If there is a backorder an email will be sent out with an estimated date of shipment

Business Days & Holidays

All orders ship Monday - Friday, excluding federal holidays within the United States.

Packages do not ship from our distribution center on the following holidays:

  • New Year's Day
  • President's Day
  • Memorial Day
  • 4th of July
  • Labor Day
  • Thanksgiving
  • Christmas

Tracking Orders

Tracking and order information will be sent via email when your order is ready to be shipped.

For more information or questions, please email cs@49er.cc