Fix-A-Latch Use of Website Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

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.

1. 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 Fix-A-Latch USA, LLC (hereafter “Fix-A-Latch”). Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Fix-A-Latch or purchasing Fix-A-Latch 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 Fix-A-Latch or to purchase Fix-A-Latch 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 Fix-A-Latch. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

2. TRADEMARKS: All trademarks, service marks and trade names of Fix-A-Latch used in the site are trademarks or registered trademarks of Fix-A-Latch.

3. 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, Fix-A-Latch disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Fix-A-Latch 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. Fix-A-Latch 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.

4. LIMITATION OF LIABILITY: THE EXCLUSIVE REMEDY TO WHICH FIX-A-LATCH MAY BE SUBJECTED BY REASON OF ANY BREACH OF WARRANTY OR IN CONNECTION WITH ANY GOODS SUPPLIED BY FIX-A-LATCH OR BY REASON OF ANY BREACH OF AGREEMENT WILL BE FOR DAMAGES, AND THE AMOUNT OF DAMAGE FOR WHICH FIX-A-LATCH WILL BE LIABLE WILL BE LIMITED IN ACCORDANCE WITH THE PROVISIONS HEREOF. FIX-A-LATCH’S LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES TO PURCHASER OR ANY OTHER PERSON RESULTING FROM ANY BREACH OF ANY WARRANTY BY WHICH FIX-A-LATCH MAY BE BOUND, FROM ANY DAMAGED OR DEFECTIVE GOODS SUPPLIED BY FIX-A-LATCH (REGARDLESS OF WHETHER ANY SAID DEFECT WILL BE DISCOVERABLE OR LATENT), FAILURE TO DELIVER, BREACH OF AGREEMENT OR ANY OTHER CAUSE WHATSOEVER, INCLUDING FIX-A-LATCH ’S NEGLIGENCE, WILL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE PARTICULAR PRODUCT WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED, OR AT THE ELECTION OF FIX-A-LATCH, THE REPAIR OR REPLACEMENT OF DEFECTIVE OR DAMAGED PRODUCTS. IN NO EVENT, INCLUDING A CLAIM OF NEGLIGENCE, WILL FIX-A-LATCH BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS DEFINED IN SECTION 2-175 OF THE UNIFORM COMMERCIAL CODE.

Without limitation to the foregoing, in no event will Fix-A-Latch be liable for the loss of use of the premises or facility of the purchaser or the end-user, whether partially or wholly due to defects in material and/or workmanship and/or design by Fix-A-Latch’s product, and in no event will Fix-A-Latch be liable for expenses necessary to remove or reinstall any product supplied by Fix-A-Latch or for any damage to other property resulting from such removal or installation.

5. TYPOGRAPHICAL ERRORS: In the event that a Fix-A-Latch product is mistakenly listed at an incorrect price, Fix-A-Latch reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Fix-A-Latch 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, Fix-A-Latch shall issue a credit to your credit card account in the amount of the incorrect price.

6. TERM; 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 Fix-A-Latch 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.

7. NOTICE: Fix-A-Latch 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 Fix-A-Latch.

8. MISCELANNEOUS: Your use of this site shall be governed in all respects by the laws of the state of North Carolina, 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 Fix-A-Latch products) shall be in the state or federal courts located in either Orange or Wake County, North Carolina. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Fix-A-Latch products) must be commenced within one (30) days after the claim or cause of action arises. Fix-A-Latch’s 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. Fix-A-Latch may assign its rights and duties under this Agreement to any party at any time without notice to you.

9. 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 Fix-A-Latch 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.

10. PARTICIPATION DISCLAIMER: Fix-A-Latch, Fix-A-Latch and Fix-A-Latch 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, Fix-A-Latch 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, Fix-A-Latch 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 Fix-A-Latch in its sole discretion.

11. INDEMNIFICATION:
You agree to indemnify, defend, and hold harmless Fix-A-Latch, its officers, directors, employees, agents, licensors and suppliers (collectively the “Product 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.

12. THIRD-PARTY LINKS: In an attempt to provide increased value to our visitors, Fix-A-Latch may link to sites operated by third parties. However, even if the third party is affiliated with Fix-A-Latch, Fix-A-Latch has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Fix-A-Latch. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Fix-A-Latch 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).

Fix-A-Latch Terms and Conditions of Sale

1. CONTRACTS: The following terms and conditions shall be deemed included as part of any purchase from Fix-A-Latch USA, LLC (Fix-A-Latch):

2. ONLINE STORE PRICING. The prices advertised on this site are for Fix-A-Latch orders only. All prices are listed in U.S. dollars. Prices and the availability of items are subject to change without notice. Errors will be corrected when discovered. Despite our best efforts, some of the products listed on this website may be incorrectly priced. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent an Order Receipt or a Shipping Confirmation email to the email address you used to create a Fix-A-Latch account or to place your order.

3. SHIPPING AND HANDLING. The shipping and handling charge is intended to compensate Fix-A-Latch for the cost of handling your order, packaging the product(s) you have purchased, and delivering it/them to you or to the recipient you designate. Prior to submitting your payment information, you will have the opportunity to review the applicable shipping and handling charge. The Fix-A-Latch online store ships merchandise to street addresses within the 50 United States and the District of Columbia only. The Fix-A-Latch online store only accepts billing and shipping addresses in the 50 United States and the District of Columbia. We do not allow address changes after an order has been confirmed.

4. TAXES: The amount of any excise, sales, purchase, use, transaction or similar tax imposed or assessed under any effective statute with reference to products sold by Fix-A-Latch will be added to the purchase price. List prices and discounts are subject to change without prior notice.

5. WARRANTY: Fix-A-Latch warrants its products only against defects in materials and workmanship for a period of 30 days from the date of Fix-A-Latch’s shipment when its products are used for the service recommended. Fix-A-Latch’s liability and its customer’s exclusive remedy under this warranty or any warranty, expressed or implied, is expressly limited to refund of the purchase price, repair or replacement at Fix-A-Latch’s option, during said period, upon proof of the defect satisfactory to Fix-A-Latch, and upon the purchaser’s returning the product to Fix-A-Latch after securing return goods authorization for the defective material to the place designated by Fix-A-Latch. There are no warranties other than those contained in this agreement, and neither any representation or affirmation made, nor any drawing or sample shown, will be deemed to create any warranty or standard of performance. In the event that any Fix-A-Latch product is modified at any place other than the point of original manufacture, this warranty is null and void. THE WARRANTY SET FORTH IN THIS PARAGRAPH IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES WITH RESPECT TO QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

6. NOTICE OF CLAIM: Immediately upon receipt of the goods, purchaser shall inspect same. Any claim for shortage must be made within 10 days of receipt. All complaints, including claims for alleged defective goods, must be made within 15 days after the purchaser learns of the facts upon which such claim is based. All claims not made in writing and received by Fix-A-Latch within the specified time period will be deemed waived.

7. LIMITATION OF LIABILITY: THE EXCLUSIVE REMEDY TO WHICH FIX-A-LATCH MAY BE SUBJECTED BY REASON OF ANY BREACH OF WARRANTY OR IN CONNECTION WITH ANY GOODS SUPPLIED BY FIX-A-LATCH OR BY REASON OF ANY BREACH OF AGREEMENT WILL BE FOR DAMAGES, AND THE AMOUNT OF DAMAGE FOR WHICH FIX-A-LATCH WILL BE LIABLE WILL BE LIMITED IN ACCORDANCE WITH THE PROVISIONS HEREOF. FIX-A-LATCH’S LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES TO PURCHASER OR ANY OTHER PERSON RESULTING FROM ANY BREACH OF ANY WARRANTY BY WHICH FIX-A-LATCH MAY BE BOUND, FROM ANY DAMAGED OR DEFECTIVE GOODS SUPPLIED BY FIX-A-LATCH (REGARDLESS OF WHETHER ANY SAID DEFECT WILL BE DISCOVERABLE OR LATENT), FAILURE TO DELIVER, BREACH OF AGREEMENT OR ANY OTHER CAUSE WHATSOEVER, INCLUDING FIX-A-LATCH ’S NEGLIGENCE, WILL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE PARTICULAR PRODUCT WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED, OR AT THE ELECTION OF FIX-A-LATCH, THE REPAIR OR REPLACEMENT OF DEFECTIVE OR DAMAGED PRODUCTS. IN NO EVENT, INCLUDING A CLAIM OF NEGLIGENCE, WILL FIX-A-LATCH BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS DEFINED IN SECTION 2-175 OF THE UNIFORM COMMERCIAL CODE.

Without limitation to the foregoing, in no event will Fix-A-Latch be liable for the loss of use of the premises or facility of the purchaser or the end-user, whether partially or wholly due to defects in material and/or workmanship and/or design by Fix-A-Latch’s product, and in no event will Fix-A-Latch be liable for expenses necessary to remove or reinstall any product supplied by Fix-A-Latch or for any damage to other property resulting from such removal or installation.

8. CLERICAL ERRORS: Fix-A-Latch reserves the right to correct clerical or stenographic errors or omissions in prices, acknowledgements, or other documents.

9. CHANGE OF DESIGN: Fix-A-Latch reserves the right to change or modify product design or construction without prior notice, and without incurring any obligation to make such changes or modifications on products previously or subsequently sold.

10. OUR GUARANTEE. If you are not fully satisfied with any of our products within 10 days, we will refund your money upon return.

11. ENTIRE AGREEMENT. These Terms and Conditions contain our entire agreement relating to the transaction covered by these Terms. These Terms may not be waived, changed, modified, extended or discharged orally but only by agreement in writing and signed by the authorized representative of the party against whom enforcement of any such waiver, change, modification, extension or discharge is sought.

Fix-A-Latch Privacy Policy

1. YOUR PRIVACY. Fix-A-Latch is committed to respecting your privacy. In general, you can visit the Fix-A-Latch website without revealing any information about yourself. We do, however, collect information regarding visitors to our Web site. Some information is required in order to process orders, for example. We analyze this data for trends and statistics to help us provide you with a better service.

2. PRIVACY POLICY. To process your order, we require your name, billing address, phone number, email address and credit card information. We use this information to process your order and, if any questions should arise, to contact you about your order. If we need to contact you, we will contact you via email first. If unsuccessful (or time is critical), we will try to contact you by phone.

Any information provided by you will be used for Fix-A-Latch purposes only. However, Fix-A-Latch may need to provide your name and delivery address to third parties that are involved in the processing of your order (for example, the financial institution that issued your credit card or the courier that delivers your order).

Your information will not be shared with individuals or other companies (such as direct mail organizations or other third parties) unless required by law.

There are times when we may request information from you, such as your, name, address and e-mail address. When additional information is requested, we will try to let you know at the time of collection how we intend to use the personal information you provide, such as respond to your inquiry, accept an order, conduct a survey or allow you
to access specific information such as account information, etc. We do our best to maintain the accuracy of any personal information you do supply to us.

3. COOKIE INFORMATION. Cookies are small bits of text used by a browser to store information on your computer’s hard drive. Each cookie can only be read by the web server that originally issued it. Cookies cannot profile your system or collect information from your hard drive. Most On-Line retailers use cookies. Fix-A-Latch does may use Cookies to let us know you are a prior customer and thus negating the need for you to re-enter certain information every time you shop at the site. We do not use cookies to store credit card numbers, address information or any other personal information.

Fix-A-Latch Shipping Policy

Please be assured that your items will ship out within three business days of purchase. Our objective is to use the most cost effective carrier for your order. We generally use the U.S. Postal Service (USPS) but reserve the right to use United Parcel Service (UPS) or FedEx.