Terms & Conditions

Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE VERY CAREFULLY.

By accessing or otherwise using this Web site ("Web site "), you agree to be bound by these terms and conditions of use.

Changes to the Terms and Conditions

SportsBarSupplies may change these terms and conditions of use at any time, without prior notice. If you access or use the Web site after SportsBarSupplies posts a change, you accept that change. If you do not accept the change, do not access or use the Web site. You should check these terms and conditions of use periodically.

Access and Use of the Web site

SportsBarSupplies grants you a limited license to access and use the Web site, including to display, copy, distribute and download its content, only for your personal, non-commercial use and provided that you do not modify the Web site, its content, or any copyright or other proprietary notices. This license terminates automatically if you breach any of these terms and conditions of use. Upon termination, you must immediately destroy all copies in your possession.

Unauthorized use of the Web site or any content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Restrictions on Use of the Web site

Except as expressly authorized above, you may not copy, modify, distribute, download, display, transfer, post, or transmit the Web site or its content in any form without SportsBarSupplies's prior written permission.

The following activities are also expressly prohibited without SportsBarSupplies's prior written permission: any non-personal or commercial use; use of any robot, spider, other automatic device, or manual process to monitor or copy the Web site or any of its content; "mirroring" the Web site or any content on any other server; collection or use of product listings, descriptions, or prices for a supplier of competitive or comparable products; and any action that imposes an unreasonable or disproportionately large load on the Web site or otherwise interferes with its functioning.

Posting and Transmitting to the Web site

Except for information that is subject to the SportsBarSupplies Privacy Policy, SportsBarSupplies will not treat information you post or transmit to the Web site as confidential or proprietary. By sending information to SportsBarSupplies through the Web site (by transmitting, posting, or otherwise), you agree that SportsBarSupplies may use that information in any way, for any purpose, including SportsBarSupplies's own commercial purposes, subject only to the SportsBarSupplies Privacy Policy.

You may not post or transmit any threatening, defamatory, sexually graphic, inflammatory, profane, or other inappropriate material. SportsBarSupplies reserves the right to edit or remove any post or transmission that, in its judgment, is not appropriate.

Accuracy of Information and Disclaimer of Warranty

SportsBarSupplies has made every effort to present the content on the Web site accurately, but additions, deletions and changes may occur. Content on the Web site is provided “as is”; neither SportsBarSupplies nor its representatives make any representation or warranty with respect to the content.

SportsBarSupplies and its representatives specifically disclaim, to the fullest extent permitted by law, any and all warranties, express or implied, relating to the Web site or its content, including but not limited to, implied warranties of merchantability, completeness, timeliness, correctness, noninfringement, or fitness for any particular purpose.

Limitation of Liability

Under no circumstances will SportsBarSupplies or its affiliates have any liability with respect to any claims or damages (whether direct or indirect, special, incidental, consequential or punitive) as a result of your access or use of (or inability to access or use) this Web site or its content, even if they have been advised of the possibility of such damages. You access and use this Web site at your own risk.

Links to this Web site

SportsBarSupplies grants you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Web site so long as the link does not portray SportsBarSupplies or its products or services in a false, misleading, derogatory, or offensive matter. You may not use the SportsBarSupplies logo, SportsBarSupplies trademark, or SportsBarSupplies's name or trademarks, or other proprietary graphic in the link without the prior written permission of SportsBarSupplies.

Links to Third Party Web sites

SportsBarSupplies does not review or control third party Web sites that link to or from the Web site, is not responsible for their content, and does not represent that their content is accurate or appropriate. Your use of such third party site is on your own initiative and at your own risk and may be subject to the other sites terms of use.

Ownership

The material provided on this Web site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyright in the content of the Web site is owned by SportsBarSupplies or others. Except for the limited rights granted above, all other rights are reserved.

All trademarks are the property of their respective owners. Some images are courtesy of manufacturers.

For Use in the United States

This Web site is controlled and operated by SportsBarSupplies from its offices within the United States . SportsBarSupplies does not represent that the Web site is appropriate or available for use elsewhere; access to the Web site from locations where its contents are illegal is not authorized. If you access this Web site from outside the United States , you do so on your own initiative and at your own risk.

Privacy

Please review the SportsBarSupplies Privacy Policy, which also governs your visit to this Web site.



TERMS AND CONDITIONS OF SALE

PLEASE READ THESE TERMS AND CONDITIONS OF SALE VERY CAREFULLY.

THE TERMS AND CONDITIONS OF SALE ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.

BY ACCEPTING DELIVERY OF THE PRODUCTS AND SERVICES DESCRIBED IN SportsBarSupplies’S INVOICE OR OTHER SportsBarSupplies DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE UNLESS CUSTOMER AND SportsBarSupplies HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.

Important Information About These Terms and Conditions of Sale

These terms and conditions of sale constitute a binding contract between Customer and SportsBarSupplies. Customer accepts these terms and conditions of sale by making a purchase, placing an order or otherwise shopping on SportsBarSupplies's Website (the "Site"). These terms and conditions of sale are subject to change without prior notice, except that the terms and conditions of sale posted on the Site at the time Customer initially places or modifies an order will govern the order in question.

These terms and conditions of sale constitute the entire agreement between Customer and SportsBarSupplies relating to the terms and conditions of sale of products and services on the Site. Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting SportsBarSupplies at the address provided below.

Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the terms and conditions of sale contained herein and in SportsBarSupplies's invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these terms and conditions of sale or any purchase order or invoice related thereto.

Governing Law

THESE TERMS AND CONDITIONS OF SALE AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF AS , WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT IN MONTGOMERY COUNTY, PENNSYLVANIA AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN MONTGOMERY COUNTY, PENNSYLVANIA AND SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING.

Title; Risk of Loss

If Customer provides SportsBarSupplies with Customer's carrier account number or selects a carrier other than a carrier that regularly ships for SportsBarSupplies, title to products and risk of loss or damage during shipment passes from SportsBarSupplies to Customer upon shipment from SportsBarSupplies's facility. For all other shipments, title to products and risk of loss or damage during shipment passes from SportsBarSupplies to Customer upon receipt by Customer. Title to software will remain with the applicable licensor(s). SportsBarSupplies retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.

Export Sales

If this transaction involves an export under the Export Administration Regulations, the commodities, technology and/or software sold or distributed under these terms and conditions of sale exported from the United States by SportsBarSupplies were exported in accordance with the Export Administration Regulations. Diversion, use, export or re-export contrary to United States law is prohibited. The commodities, technology and/or software sold or distributed under these terms and conditions of sale may not be exported or re-exported to Cuba , Iran , Iraq , Libya , Sudan , North Korea or Syria or to entities and persons that are ineligible under United States law to receive United States commodities, technology and/or software. In addition, manufacturers' warranties for exported products may vary or may be null and void for products exported outside the United States .

Warranties

Customer understands that SportsBarSupplies is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not SportsBarSupplies. In purchasing the products, Customer is relying on the manufacturer's specifications only and is not relying on any statements, specifications in brochures, photographs or other illustrations representing the products that may be provided by SportsBarSupplies. In connection with services, neither affiliates of SportsBarSupplies nor third party service providers are agents of SportsBarSupplies and SportsBarSupplies has no obligation or liability arising from any services performed by or any warranty, if any, made by, such service providers. SportsBarSupplies AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED BY THIRD PARTIES OR AFFILIATES OF SportsBarSupplies, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.

Internet Disclaimer

Internet connectivity requires access services from an Internet access provider. Contact your local access provider for details.

56K Disclaimer

56K modems are capable of 56Kbps downloads; however, current regulations limit download speed to 53Kbps.

Pricing Information; Availability Disclaimer

All pricing is subject to change. SportsBarSupplies reserves the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, SportsBarSupplies cannot guarantee that it will be able to fulfill Customer's orders.

Limitation of Liability

NEITHER SportsBarSupplies NOR ITS AFFILIATES WILL BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. NEITHER SportsBarSupplies NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE OR THE PROVISION OF SERVICES BY THIRD PARTIES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES PROVIDED DIRECTLY BY SportsBarSupplies OR ITS AFFILIATES, NEITHER SportsBarSupplies NOR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM.

SportsBarSupplies will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.

Third Party Services

Customer acknowledges and agrees that, in some instances, SportsBarSupplies, and their affiliates are resellers of services and are not the provider of those services. In those cases, the third party service provider is the only party responsible for providing services to Customer. In those cases, Customer will look solely to the third party service provider for any loss, claims or damages arising from or relating to the purchase or provision of such services. Customer hereby releases SportsBarSupplies and their affiliates from any and all claims arising from or relating to the purchase or provision of any such services by third party service providers. Services may be subject to tax.

Arbitration

Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to the products or services sold pursuant to these terms and conditions of sale, the interpretation or application of these terms and conditions of sale or the breach, termination or validity thereof, the relationships which result from these terms and conditions of sale (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto), or SportsBarSupplies's advertising and marketing (collectively, a “Claim”) WILL BE RESOLVED, UPON THE ELECTION OF SportsBarSupplies, CUSTOMER OR THIRD PARTIES INVOLVED, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association, with offices in Dallas, Texas . If arbitration is chosen by any party with respect to a Claim, neither SportsBarSupplies nor Customer will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties. Further, Customer will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these terms and conditions of sale, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place in Dallas, Texas . Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to SportsBarSupplies arising out of sales hereunder will be exclusively litigated in court rather than through arbitration.

Orders; Payment Terms; Interest; Taxes

Orders are not binding upon SportsBarSupplies until accepted by SportsBarSupplies. Terms of payment are within SportsBarSupplies's sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. SportsBarSupplies may invoice parts of an order separately. Customer is responsible for, and will indemnify and hold SportsBarSupplies harmless from, any applicable sales, use or other taxes associated with the order. Customer must claim any exemption from tax at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable tax is based on the location to which the order is purchased. In the event of a payment default, Customer will be responsible for all of SportsBarSupplies's costs of collection, including court costs, filing fees and attorney's fees.

Return Privileges

Please note, each manufacturer has a unique return policy regarding shipping charges and restocking fees. If the specific return information is not present with the item you are interested in please contact us before purchasing.

 

Please contact SportsBarSupplies Customer Relations at customerrelations@SportsBarSupplies, 24 hours a day, 7 days a week to obtain a Return Merchandise Authorization (RMA) before shipping product back to SportsBarSupplies. SportsBarSupplies will ensure a speedy return and supply you the proper return address. This will expedite and help ensure the proper action or credit upon processing.

In order to expedite a return, please have the following information on hand when requesting an RMA number. Order number, reason for return, action to take (replacement/repair/return/credit) and whether the box has been opened or is manufacturer sealed.

Please return all products 100% complete including all original manufacturer boxes with the UPC code and packing materials, all manuals, blank warranty cards, accessories and any other documentation included with the original shipment. RMA approval is contingent upon, among other things, the products being 100% complete.

Customer is responsible for shipping charges to SportsBarSupplies's distribution center for all products being shipped for return, exchange or replacement. Products replaced will be shipped by SportsBarSupplies to Customer, at SportsBarSupplies's expense, using the same shipping method as was used by Customer to ship the original products back to SportsBarSupplies.

Customer is responsible for all risk of loss and damage to products being shipped for return, exchange or replacement. Please fully insure return shipment in case of loss or damage. Please use a carrier that is able to provide you with proof of delivery such as UPS, Federal Express or Airborne Express. This is for your protection as well as to ensure quick action on your return.

Return privileges vary by manufacturer. Please contact SportsBarSupplies customerrelations@SportsBarSupplies for details. Thank you for your past and future business with SportsBarSupplies.

Failure to return a product within the applicable return period will be deemed to be an acceptance of the product.

You have the right to return product within a 30 day period following receipt.

Shipping and Delivery

We make every possible effort to ship your product as soon as possible. In most cases, within 3 days. Shipping times do vary by product and manufacturer. Most products will ship within 7 days of your order. You may check the status of your order at any point by logging onto the website using the username and password you created. If you have any questions please feel free to send an email to sales@SportsBarSupplies and we will respond as soon as possible.

Order Cancellation

We make every possible effort to ship your product as soon as possible. In most cases, within 3 days. Shipping times do vary by product and manufacturer. Most products will ship within 7 days of your order. If you wish to cancel your order prior to shipment you may send an email to info@SportsBarSupplies or call our toll free number. Please note, your order is not officially cancelled until you receive a cancellation confirmation via email. If you send an email and do not receive a cancellation notice within 48 hours please call. In most cases we will need to contact the factory to confirm the item has not yet shipped before we can cancel your order. This may take up to 48 hours. If your order has been shipped or in transit we cannot cancel your order. You may return the item upon receipt. Please see our return policy for details.

Damaged Products

If Customer receives damaged products, please refuse the products upon original delivery attempt. If damaged products are accepted from the carrier, such damage should be noted on the carrier delivery record. Please save the product and the original box and packaging and notify SportsBarSupplies immediately to arrange for a carrier inspection and a pick up of damaged products. Please notify SportsBarSupplies Customer Relations at customerrelations@SportsBarSupplies of damaged products WITHIN THE FIRST 10 DAYS of receipt. Timely receipt of this information is necessary for SportsBarSupplies to file a damage claim.

Color Disclaimer

Please note, colors may vary depending on monitor resolution. SportsBarSupplies is not responsible for color variations. If necessary, please contact SportsBarSupplies regarding specific colors and finishes of specific items and sample requests if available.

Officially Licensed Merchandise Disclaimer

We attempt to keep all images and product details up to date as much as possible. All officially licensed merchandise logo design changes an/or updates are between the licensee and licensor. Surge Retail Group is a retailer and is not involved in the manufacturing of the item or the licensing agreement. From time to time logo changes and/or updates are implemented without our knowledge. As this design change and/or update is a legally binding contract between the licensee and licensor, which affects all retailers and distribution of the item, Surge Retail Group is not responsible if any such items are received with logo design modifications and/or updates.

Check Payment Policy

SportsBarSupplies now accepts checks and money orders. Please note, no orders will be processed or shipped until checks and/or money orders are received. We do not offer COD orders.

A Digiphy Store
SportsBar Supplies © 2017