The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.
- Legal Notice
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All notices from Parker and Sons to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to Parker and Sons shall be made either by e-mail, sent to the address we provide on our Web site, or first class mail to our address at:
3636 East Anne Street, Suite A
Phoenix AZ 85040
USA
Delivery shall be deemed to have been made by You to Parker and Sons five (5) days after the date sent.
- Copyright
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All content appearing on this Web site is the property of:
Parker and Sons
3636 East Anne Street, Suite A
Phoenix AZ 85040
USA
Copyright © 2009-2012 Parker and Sons. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2009-2012 Parker and Sons. All rights reserved.
- Trademarks
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All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Parker and Sons. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Parker and Sons or any third party, except as expressly granted herein.
- Use Of Site
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This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Parker and Sons and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Parker and Sons believes that customer conduct violates applicable law or is harmful to the interests of Parker and Sons and its subsidiaries.
- Privacy Policy
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Parker and Sons use of personal information that you may submit to Parker and Sons through this Web site is governed by the Parker and Sons Privacy Policy.
- Consumer Agreement
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01. INTRODUCTION
Buyer agrees to the terms and conditions outlined in this Online Contract (“Contract”) with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.
02. SETUP AND PAYMENT
Buyer represents and warrants that (1) the credit card information supplied is true, correct and complete and (2) charges incurred by the Buyer will be honoured by the Buyer’s credit card company and (3) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer’s password. Buyer agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this Contract or unauthorised use of this password. Company does not protect Buyer from unauthorised use of Buyer’s password.
03. COPYRIGHT
The content, organisation, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (included but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.
04. EDITING, DELETING, AND MODIFICATION
Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.
05. RIGHT TO REFUSE
Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.
06. INDEMNIFICATION
Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to a Buyer’s violation of this Contract or use of the Site.
07. NON-TRANSFERABLE
Buyer’s right to use the Service is not transferable and is subject to any limits established by Company or by Buyer’s credit card company.
08. DISCLAIMER
THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUES MAY APPLY REGARDING LIMITATION OF LIABILITY.
09. REFUND POLICY
If a product purchased is defective or not to Buyer’s satisfaction, Buyer can return the product in its original condition (at their own cost) within seven (7) days of receipt to the following address: 3636 E Anne St, Phoenix AZ 85040. In such event, Company shall provide Buyer a credit for other purchases from the Site (less shipping and handling charges incurred). This Section 9 sets forth Buyer’s sole and exclusive right to refund.
10. USE OF INFORMATION
Company reserves the right, and Buyer authorises Company, to the use and assignment of all information regarding Buyer’s use of the Site and all information provided by Buyer, subject to applicable law.
11. GOVERNING LAW
This Contract shall be treated as though it were executed and performed in Arizona and shall be governed by and construed in accordance with the laws of Arizona (without regard to conflict of law principles). Any cause of action of Buyer with respect to the Site must be instituted within one month after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.
12. LITIGATION
All legal proceedings arising out of or in connection with this Contract shall be brought solely in Arizona and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.
13. ACKNOWLEDGMENT
This Agreement represents the entire understanding between you and us regarding your relationship to Online and supersedes any prior statements or representations.
14. ESA Agreement
Please review the ESA Agreement for details and agreement information.
- Shipping & Delivery
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At this time, Parker and Sons ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. Additionally, Parker and Sons ships merchandise to Canada and Mexico, but not to other international locations. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier.
- Sales Tax
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Parker and Sons charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped.
- Store Hours
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Customer service is available as defined on the Contact Us page of this Web site.