Term and Conditions - Ginger Industries

Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS SITE YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 21 YEARS OF AGE, AND THAT THE USE OF OUR PRODUCTS IS LEGAL FOR USE IN THE JURISDICTION IN WHICH YOU RECEIVE ANY AND ALL PRODUCTS. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Ginger Industries. The collective work includes works that are licensed to Ginger Industries. Copyright 2014, Ginger Industries ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Ginger Industries or purchasing Ginger Industries products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Ginger Industries or to purchase Ginger Industries products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Ginger Industries. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of Ginger Industries used in the site are trademarks or registered trademarks of Ginger Industries.

Warranty Disclaimer

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Ginger Industries disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Ginger Industries does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Ginger Industries does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Order Acceptance Policy

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. Ginger Industries reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.

Shipping

All Products are shipped via USPS, UPS, FedEx or DHL. All shipping times given in the shopping cart are not guaranteed by Ginger Industries or USPS, UPS, FedEx or DHL. They are ESTIMATED figures. Ginger Industries will not be held liable for shipments that take longer than quoted. As always we will strive to ship all orders the same day they are placed, but we cannot control weather and/or the shipping companies. For a multiple product order, we will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for all products at time of purchase. You will only be charged for shipping at the rate quoted to you on your purchase receipt if an order is split into multiple shipments.

Domestic Shipping: Orders with Free shipping will be sent by the best method. Domestic USPS Express Mail is 1-2 business days for delivery and does not guarantee Overnight delivery. Note: All orders will be shipped requiring an adult signature upon delivery.

International Shipping: At Ginger Industries we ship packages world wide. Keep in mind we are unaware of your local laws and you, the customer, assumes all shipping risk. All international mail is shipped via USPS or UPS Worldwide Express. Customs seizing your product is beyond our control and you assume all risks of importing products not permitted in your country. Once the package leaves our hands there is nothing we can do from that point. If you select USPS, once the order hits LA, New York or Miami, we lose tracking on it as it is on the way to your local postal service. You will see your package after it clears customs and sometimes your local postal service will assign a new tracking number. If you have any questions about your package it best to contact your local postal service and they will be able to help you out. For whatever product you order, your customs form will be labeled as such. We will not stretch the truth or under declare values on any packages. Note: Customers are responsible for all customs and duty fees when importing products into their country. Packages generally arrive in the approximate delivery times posted for your shipping method, but be aware that customs delays can delay this process by up to 20 days.

Returns, Exchanges, and Warranty Period

Return Period Policy: Ginger Industries offers a 14-day return policy for any unopened, unused product (unless otherwise specified in either the product description or in this document) from date of purchase. Some items could be subject to a 20% restocking fee, levied at the discretion and judgment of Ginger Industries.
Batteries: Due to the nature of this consumable product, no returns are allowed unless the product is defective upon receipt.
Boxer Policy: All Boxer Products (Fully Assembled, DIY Kits and Custom Printed Units) are all considered Special Orders / Custom items and are non-cancellable, non-returnable and non-exchangeable. All fully assembled units have a 12-month warranty against manufacturers defects to the original purchaser only and are non-transferable. Ginger Industries will repair or replace: all wiring and contacts, chipset, LiPo battery (where applicable), 510 and connection, and all labor costs at no charge. The Boxer Enclosure itself, cracked screens, and damages caused by accident or abuse are NOT covered under the Boxer Warranty. We will however replace these items at a cost with no charge labor to swap them out. Shipping charges (back and forth) are the purchasers responsibility. The DIY Kits only have the warranty on the chip directly with the chips manufacturer (ie., Evolv, YiHi). Please read the stated lead times on each units product page and note your selected shipping option does not speed up your processing time, but is only the estimated time in transit once your order ships.
Boxer Care extended warranty: Must be purchased within 30-days of the covered unit. Warranty is non-transferable. Ginger Industries will repair or replace: all wiring and contacts, chipset, LiPo battery (where applicable), 510 and connection, and all labor costs at no charge. The Boxer Enclosure itself, cracked screens, and damages caused by accident or abuse are NOT covered under the Boxer Care Extended Warranty. We will however replace these items at a cost with no charge labor to swap them out. Shipping charges (back and forth) are the purchasers responsibility. If for whatever reason a model or part becomes discontinued or no longer available from the manufacturer a like unit will be substituted.
Refund Policy: Ginger Industries will not accept refunds for any product that has already shipped. Any cancelled order prior to shipping is subject to a 10% processing fee to cover credit card processing charges incurred.
Exchange Policy: Parts will not be shipped until the original part is returned to and evaluated by Ginger Industries. Shipping for any exchanged product(s) is at the customer’s expense. Any product received for exchange that is deemed still functional, not sold by Ginger Industries, out of warranty, or damaged through misuse will be sent back to customer without exchange.
Special Orders / Custom Items: Ginger Industries will not accept cancellations or refunds for any product that is a special order or custom item.
Warranty Period: While some of the products purchased from Ginger Industries can be subject to manufacturer warranties, Ginger Industries has sole discretion as to whether or not to honor returns and/or exchanges for said product(s). If deemed valid, Ginger Industries will endeavor to provide you with a suitable replacement for your defective product (a suitable replacement is defined as a product of the same brand and type, without regard to color, style, and/or other accouterments).
Always contact us at info@gingerindustries.com before sending any product back for warranty/exchange consideration. A return merchandise authorization (RMA) will be emailed and MUST be included along with your return or no credit or consideration can be given.

Limitation of Liability/Purchase Policy

Ginger Industries shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Ginger Industries has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. By purchasing products from Ginger Industries you certify and agree that you are at least 21 years of age (or of the legal age for use in your area), and that products purchased from Ginger Industries are to be solely used by persons of at least 21 years of age (or of the legal age for use in your area). You further agree and understand that no claims, either positive or negative, are implied or expressed by Ginger Industries of a medicinal or therapeutic nature. Ginger Industries cannot and will not be held liable for misuse of any products sold, nor any personal and/or property damage, illness, injury or financial loss caused by the use of any/all products (or the inability to use therof), purchased from Ginger Industries. You understand that products sold by Ginger Industries have not been reviewed by the FDA and are not intended to treat, diagnose, prevent and/or cure any disease. Any opinions and/or comments posted by visitors or customers are solely the opinion of those visitors/customers and do not represent the opinion of Ginger Industries.

Typographical Errors

In the event that a Ginger Industries product is mistakenly listed at an incorrect price, Ginger Industries reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Ginger Industries reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Ginger Industries shall issue a credit to your credit card account in the amount of the incorrect price.

Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Ginger Industries without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination

Notice

Ginger Industries may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Ginger Industries.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Ginger Industries products) shall be in the state or federal courts located in Palm Beach County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Ginger Industries products) must be commenced within one (1) year after the claim or cause of action arises. Ginger Industries failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Ginger Industries may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Ginger Industries or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Ginger Industries does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Ginger Industries is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Ginger Industries reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Ginger Industries in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Ginger Industries, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, Ginger Industries may link to sites operated by third parties. However, even if the third party is affiliated with Ginger Industries, Ginger Industries has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Ginger Industries. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Ginger Industries seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

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