Last Updated: September 1, 2020
Please read this document carefully. It contains very important information regarding your rights and obligations, including limitations and exclusions that might apply to you.
These Terms & Conditions (“Terms”) apply to the access and use of, or the purchase and sale of products and services through, canadyssportcenter.com (“Website”). By accessing or using this Website, or by placing an order for products and services available on this Website, you agree to be bound by and accept these Terms. If you do not agree to these Terms, you should not access or use this Website or obtain products and services from this Website. These Terms are subject to change by Canady’s Sport Center, Inc. (“Company” or “We” and also referred to as “Us” and “Our”) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Website, and you should review these Terms prior to accessing or using this Website or purchasing any product or services that are available through this Website. These Terms are an integral part of, and apply generally to the use of, our Website. You should also carefully review our Privacy Policy before placing an order for products or services through this Website.
Your use of this Website, and any content included therein, and any information provided to us by you, including user names and passwords, addresses, email addresses, phone numbers, or financial information (such as credit card numbers) transmitted in connection with this Website is limited to the contemplated functionality of the Website. In no event may this Website be used in a manner that:
The Company reserves the right, in its sole discretion, to terminate a User License, terminate any user’s participation in this Website, remove content, or assert legal action with response to content or use of this Website, that the Company reasonably believes is or might be in violation of these Terms, or the Company’s policies. The Company’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged or other payment method has been accepted. If your credit card has been charged, or other payment method has been accepted, and your order is cancelled you will receive a prompt refund credit to your original payment method. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity of any item ordered. In the unlikely event this has happened, we will credit your original payment method for any quantities not shipped. Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order upon request.
Terms of payment are within our sole discretion and, unless otherwise agreed upon by us in writing, payment must be received by us prior to our acceptance of an order. We accept payment by credit card, debit card, Canady’s Sport Center electronic Gift Card and PayPal for all purchases. You represent and warrant that
All payments must be in United States dollars. Current billing address and telephone contact information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. We retain a security interest in the products and proceeds thereof until the full purchase price therefore (including taxes and any additional charges) has been paid. Charges for shipping and handling will be made in accordance with our shipping policies in effect at the time of your order, as described below.
We offer a variety of shipping options to meet your shipping needs. We only use premium carriers with various deliver options available for many items. All shipping prices are reflected in United States dollars. No C.O.D. orders will be accepted. Please refer to our Shipping Policy for more details.
Most of the products and services available through our Website are covered under the manufacturer’s warranty, which is detailed in the product’s description. If applicable, manufacturer’s warranties apply from the date of shipment. You understand that we do not operate or control the products or services offered by the manufacturers participating on our Website, and you agree that under no circumstances will we be liable for any damages arising out of the failure of any manufacturer to fulfill its obligations to you under any warranty, repair, customer support or similar policies, covering products and services that you may purchase through our Website.
While we do not offer any warranties with respect to the products and services available through our Website, we are committed to working with you to ensure that every product under warranty performs to the manufacturer’s specifications. We offer a 30-day return policy on selected items based on the manufacturer’s return policies. Please refer to our Returns Policy for full details.
All return products MUST be 100% complete, contain ALL original boxes and packing materials, have original UPC codes on the manufacturer boxes, and contain all manuals, blank warranty and registration cards, and other accessories and documentation provided by the manufacturer. You are responsible for shipping charges on returned items; we will match your shipping method on your replacement or exchange item(s). You must insure the shipment or accept the risk of loss or damage during shipment. We strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
DEFECTIVE returns can be returned directly to us within 30 days from the invoice date for, at our discretion, credit, replacement, exchange or repair. Manufacturer restrictions do apply. Any item that is missing the UPC can ONLY be replaced with the same item. After 30 days, all manufacturer’s warranties apply and you should contact the appropriate warranty service provider identified in the product description and/or packaging.
NON-DEFECTIVE returns can only be accepted directly by us within 30 days from the invoice date for, at our discretion, credit or exchange.
Some manufacturers do not accept returns of certain items for exchange, replacement or credit FOR ANY REASON, and for this reason you should check the information provided with the description of the particular product. DEFECTIVE merchandise can be returned for REPAIR only to the manufacturer directly or to any authorized service center in your area. See the description of the particular product for warranty information as provided by the manufacturer.
If your order arrives in a damaged condition, save the merchandise AND the original box and packing it arrived in and file a claim with the carrier immediately.
Questions regarding our warranty and return policies should be addressed to us by using the contact information reflected on our Contact page.
All request for technical service and support with respect to the products and services available through this Website should be made directly to the manufacturer in accordance with their terms and conditions as set forth in the manual and relating information accompanying their products. Should you have any other questions or concerns, you should contact us using the contact information reflected on our Contact page. We will do our best to help you; however, we cannot guarantee that every problem will be resolved to your satisfaction.
Our responsibility for defects relating to the products and services available on our Website is limited to the procedures described in our return policy set forth below. ALL PRODUCTS AND SERVICES AVAILABLE ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES AVAILABLE ON THIS WEBSITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. IN NO EVENT SHALL CANADY’S SPORT CENTER, INC., OR ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, DIRECTORS, OFFICERS, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, OUR “AFFILIATES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR ITS CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS LIMIT OR DO NOT ALL THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OR PRODUCTS AND SERVICES. NO EMPLOYEE OR REPRESENTATIVE OF CANADY’S SPORT CENTER, INC. IS AUTHORIZED TO MODIFY THIS LIMITATION.
We are committed to protecting your privacy. To make your shopping experience more convenient, we gather information about you. We maintain the privacy of your information using security technologies and adhere to the policies that prevent unauthorized use of your personal information. Please refer to our Privacy Policy for more information.
This Website may contain links to third-party websites (“Other Sites”) that are not under our control. The Company makes no claim and accepts no responsibility regarding the quality, nature or reliability of the Other Sites that are accessible by hyperlinks from this Website. We provide these links to you as a convenience and the inclusion of any link does not imply endorsement by us of Other Sites or any association with the operators of such Other Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third-party sites.
We do our best to ensure that the information on this Website is complete, accurate and current. Despite our best efforts, however, information on this Website may occasionally be inaccurate, incomplete or out of date. All specifications, products, descriptions, and prices of products and services on this Website are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of the products available on this Website, including the applicable colors. However, the actual color you see will depend on your computer system, mobile or viewing device, and we cannot guarantee that your device will accurately display such colors. We do not warrant the accuracy or completeness of the information, content or materials provided on this Website. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our Website. All pricing for the products and services available on our Website is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
Although the descriptions of products and services that are posted on our Website are believed to be accurate, we are not responsible for any errors or typographical, pricing, product information, advertising or shipping errors.
In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed for products and services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged, or other payment method has been accepted. If your credit card has already been charged, or other payment method has been accepted, for the purchase and your order is cancelled, we will immediately issue a credit to your original payment method in the amount of the charge.
This Website and all of its materials, including, but not limited to, its software or HTML code, scripts, design elements, text, artwork, photographs, images, video, and audio (collectively, “Materials”), are protected by copyright laws and other U.S. and international laws and treaties and are property of Canady’s Sport Center, Inc. or its licensors. All Materials are provided through this Website as a service to its current and prospective visitors and may be use only for personal and informational purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in Canady’s Sport Center’s Materials is conveyed to you. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Website or any of its Materials without our prior written consent; you may not access or use this Website for any competitive or commercial purpose, nor may you permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. Any and all rights not expressly granted are reserved by Canady’s Sport Center, Inc. as applicable.
Any designs produced by us for you will remain our intellectual property and may not be used in any other form without our prior written consent. This includes, but is not limited to, our logo design and any products available on this Website that include our logo.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, pandemics, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
These Terms constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered Terms shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Website is in conflict or inconsistent with these Terms, these Terms shall take precedence.
This Website (excluding linked third-party websites) is controlled by us from our offices within the State of North Carolina, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of North Carolina, by accessing this Website both of us agree that the statutes and laws of the State of North Carolina, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this Website and the purchase of products and services available through this Website. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Wilmington, NC and the United States District Court for the Eastern District of North Carolina with respect to such matters.
Any cause of action brought by you against us or our Affiliates must be instituted within 1 (one) year after the cause of action arises or be deemed forever waived and barred.
We make no representation that the products and services available through our Website are appropriate or available for use in locations outside of the United States, and accessing them from territories where such products and services are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local
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