Enviro Safety Products Terms Of Service
Welcome to www.envirosafetyproducts.com, a web site operated by Enviro Safety Products. Enviro Safety Products. provides their services to you subject to the following conditions.
All content included on this site and within our catalog, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Enviro Safety Products. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site and within our catalog is the exclusive property of Enviro Safety Products. and protected by U.S. and international copyright laws. All software used on this site is the property of Enviro Safety Products. or its software suppliers and protected by United States and international copyright laws.
ENVIRO SAFETY PRODUCTS is a registered trademark of Enviro Safety Products. in the United States and other countries. ENVIRO SAFETY PRODUCTS., THE ENVIRO SAFETY PRODUCTS LOGO, WWW.ENVIROSAFETYPRODUCTS.COM, the Enviro Safety Products catalog and other marks indicated on our site are trademarks of Enviro Safety Products. or its subsidiaries, in the United States and other countries. THE ENVIRO SAFETY PRODUCTS LOGO and other Enviro Safety Products. graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Enviro Safety Products. or its subsidiaries. Enviro Safety Products. trademarks and trade dress may not be used in connection with any product or service that is not Enviro Safety Products. in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Enviro Safety Products. All other trademarks not owned by Enviro Safety Products. or its subsidiaries that appear on this site and within our catalog are the property of their respective owners, who are not affiliated with, connected to, or sponsored by Enviro Safety Products. or its subsidiaries.
LICENSE AND SITE ACCESS
Enviro Safety Products. grants you a limited license to access and make personal use of this site, but not to download (other than page caching) or modify the site or any portion of it, except with express written consent of Enviro Safety Products. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. No part of the Enviro Safety Products. web site may be reproduced, duplicated, copied, sold, resold, visited, stored in or introduced into a retrieval system, or transmitted, in any form, or by any means (electronic, mechanical, photocopying, recording, or otherwise), or otherwise exploited for any commercial or non-commercial purpose without express written consent of Enviro Safety Products.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Enviro Safety Products. and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Enviro Safety Products. name or trademarks without the express written consent of Enviro Safety Products. Any unauthorized use terminates the permission or license granted by Enviro Safety Products. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Enviro Safety Products. so long as the link does not portray Enviro Safety Products., its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Enviro Safety Products. logo or other proprietary graphic or trademark as part of the link without express written permission.
“All currency exchanged is in US Dollar”
Enviro Safety Products. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may send and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin the content's identity.
RISK OF LOSS
All items purchased from Enviro Safety Products. are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Enviro Safety Products. attempts to be as accurate as possible. However, Enviro Safety Products. does not warrant that product descriptions, prices, photographs or other content of this site or our catalog is accurate, complete, reliable, current, or error-free. Enviro Safety Products. is not responsible for typographical errors, manufacturer delays in delivery or changes to products. All product descriptions, case assortments, variations, prices and ship dates are subject to change and availability without notice. We reserve the right to limit the quantity of items sold. We reserve the right to refuse any sale. If a product offered by Enviro Safety Products. itself is not as described, your sole remedy is to return in unused condition.
DISCLAIMER OF WARRANTIES
THIS SITE IS PROVIDED BY ENVIRO SAFETY PRODUCTS. ON AN "AS IS" AND "AS AVAILABLE" BASIS. ENVIRO SAFETY PRODUCTS. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ENVIRO SAFETY PRODUCTS. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ENVIRO SAFETY PRODUCTS. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM ENVIRO SAFETY PRODUCTS. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ENVIRO SAFETY PRODUCTS. DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ENVIRO SAFETY PRODUCTS. MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME, WITHOUT PRIOR NOTICE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITY
Enviro Safety Products. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL ECONOMIC DAMAGES. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO CLAIMS FOR PERSONAL INJURY OR CONSUMER FRAUD.
AGREEMENT TO ARBITRATE DISPUTES
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. ARBITRATION IS A WAIVER OF THE RIGHT TO BRING SUIT IN COURT.
THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE: You and Enviro Safety Products. agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Enviro Safety Products. Intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Enviro Safety Products. may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION:
Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Thus, you agree that you are waiving your right to sue or go to court to secure relief, and instead agree to the arbitration process as stated in this provision. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate , the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at https://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Enviro Safety Products must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office.
(3) Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Enviro Safety Products. will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Enviro Safety Products. will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States County where you live or work, Los Angeles, California, or any other location we mutually agree to, subject to California law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR:
The arbitrator will decide the rights and liabilities, if any, of you and Enviro Safety Products., and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Enviro Safety Products. The arbitrator's decision may be entered as a judgment in a court of competent jurisdiction.
NO CLASS ACTIONS:
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Enviro Safety Products. in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND ENVIRO SAFETY PRODUCTS. WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Enviro Safety Products. at [email protected] and providing the requested information as follows: (1)Your Name;
(3) Your Address;
(4) Your Phone Number;
(5) and clear statement that you wish to opt out of this
CHOICE OF LAW/FORUM SELECTION.
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a state court of competent jurisdiction located in California or federal court of competent jurisdiction in the District Court of California.
As a highly valued customer, your satisfaction is very important to us. If you are not 100% satisfied with your purchase and wish to resolve your issue as quickly and easily as possible. Simply call us, and we will be happy to help. The following are some general policies we follow to resolve the various situations:
Sometimes the item may become damaged in transit. Please let us know what is damaged, in as much detail as possible, so that we can determine the next step.
Incorrect Item Delivery:
Sometimes the wrong item is shipped. Please let us know what you received in as much detail as possible (item number, product name, quantity). Please also let us know if you would like to return the incorrect item and have the item you originally purchased sent to you or if you would like to keep the incorrect item and add it on to your original order.
Custom Products/Made To Order:
We are not able to return Custom Products back to the manufacturer; however, please let us know why you are dissatisfied with your purchase and we will try to correct the situation. Logo'd products are not returnable.
General Dissatisfaction (Missing Parts):
Please let us know in as much detail as possible why you are not satisfied with your order and we will try to correct the situation to the best of our ability.
Restock Fee Policy
Products must be received IN ORIGINAL PACKAGING, and a 20% restocking fee may apply when applicable
Discontinued Items Policy
We Do Not Accept Returns of items that are discontinued
All unopened products purchased at Enviro Safety Products can be returned within 30 days of your receipt provided you have an authorized return merchandise number from our customer support department.
Shipping fees and special handling fees are non-refundable. Orders that are not charged for shipping are subject to original shipping cost of delivery. The refunded amount will be issued to the same form of payment originally used for the purchase. For orders placed in error, the cost and responsibility to ship the product back to Enviro Safety Products shall be that of the customers.
First: Return Merchandise Authorization
You will need a Return Merchandise Authorization (RMA) number from Enviro Safety Products. Shipping the item back without an RMA number from Enviro Safety Products may delay your refund. To obtain an RMA number, simply call us, and we'll provide an RMA number to you.
Second: Ship To Information
We will give you the ship-to address for your return. If you return the item without receiving the shipping information from Enviro Safety Products, it may delay your refund.
Third: Boxing the Item
The item you are returning must be shipped back in its original box. Please do not write the RMA number on the box, doing so will disqualify you from receiving a credit. The RMA number can only be written on the shipping label.
Fourth: Shipping the Item
We highly recommend that you ship the item back using UPS or FedEx. The ability to track your package in transit is vital for you to ensure that it does not become lost and that it reaches its destination. Unfortunately, if the item never reaches the warehouse, we cannot issue you a credit.
In general, it takes approximately 10 business days for the warehouse to receive the item you have shipped to them and to see a refund on your credit card statement. It is Enviro Safety Products' policy to issue the refund to the same credit card with which the order was placed.
Returns and exchanges are not accepted for the following items: perishable items, first aid kits and kit refills, training videos & discs, logo items and made-to-order items. You can reach customer support at 1.800.637.6606 or email directly to Returns Support.