Terms and conditions of sale and warranty
TERMS AND CONDITIONS OF SALE AND WARRANTY
- 1. Acceptance of Terms and Conditions. Enuresis Solutions, LLC's (Seller's) acceptance of all orders and/or purchase orders is expressly conditioned upon Buyer's consent to, either express or implied, these terms and conditions, and Seller will not accept, and expressly rejects, any other terms and conditions (whether written or oral) originating from Buyer that purport to modify, add to, or otherwise vary the terms and conditions stated herein. Buyer's acceptance of these terms and conditions shall be indicated by any of the foregoing: (a) Buyer's written acknowledgement or other act or expression of acceptance, (b) Buyer's offer to purchase products from Seller, or (c) Buyer's acceptance of shipment from Seller.
- Shipment/Title/Risk of Loss/Taxes. Title to the product shall pass to Buyer upon delivery of product to the common carrier or Buyer's representative at Seller's dock or any other location directed by Buyer. Product sent using U.S. Mail (USPS) and other carriers may be optionally insured by the buyer. All risk of loss, damage, theft or destruction to the product shall be borne by Buyer at F.O.B. shipping point. No such loss, damage, theft or destruction to the product, in whole or in part, shall impair the obligations of Buyer under this agreement, all of which shall continue in full force and effect. Seller shall not be liable for any shipping delays. The record of the carrier for delivery of the shipment to the buyer will be accepted as conclusive, regardless of any contrary claim by the Buyer. The carrier is not responsible for whatever may happen to the shipment after delivery. For all shipments, the carrier must certify and acknowledge non-delivery of the shipment to the Buyer through loss by the carrier or any other means, or that the shipment was damaged while in the carrier's possession, in order for insurance to pay for the loss of the shipment. Seller shall only fulfil obligations for replacing insured products once such insurance is received in the fully insured amount by the Seller. Buyer shall bear all applicable federal, state, municipal or other governmental tax, as well as any applicable import or customs duties, license fees and similar charges, however designated or levied on the sale of products (or delivery thereof) or measured by the purchase price paid for the products. We primarily use FedEx (Federal Express) or USPS (U.S. Postal Service) for new shipments, unless otherwise indicated. For warranty related return shipping, we usually use the U.S. Postal Service (USPS), but may use any other common carrier as may be convenient. For all international shipments (shipments to or from countries outside the United States (U.S.)), the customer will be responsible for all costs relating to shipping, taxes, duties and all such expenses in either and both directions for any purpose, including sales, returns and warranties.
- Shortages/Rejection of Delivery. All claims for shortages or rejection of delivery must be made by Buyer to Seller in writing within a period of forty-eight (48) hours from receipt of product and must state in reasonable detail the grounds there in. Unless such notice is given within the stated period of time, Buyer agrees that it shall be conclusively presumed that Buyer has fully inspected the product and acknowledged that NO shortage or grounds for rejection exists.
- Payment. Unless otherwise agreed in writing by Seller, all purchases are prepaid in full, including any shipping, handling and insurance charges, and all applicable taxes, duties or other payments which the Seller is expected to collect by Law.
- Warranty. Enuresis Solutions, LLC warrants its products against defective materials and workmanship for periods of one year or ninety (90) days from the date of purchase, barring abuse of the product(s). The actual length of the warranty for a particular product or item is provided in that product's listing. Any breach or breaking of any product, including its case or connectors, voids the warranty. Warranties do not apply to expendable items such as batteries. Enuresis Solutions, LLC warrants and supports its DryBuddy line of products and other products as sold by Enuresis Solutions, LLC (DryBuddy) and its authorized resellers to only the original Buyer and Recipient (Ship To).
If an item is found to be defective by the user while under warranty, the user must contact Customer Service at Enuresis Solutions, LLC. Please have available your proof of purchase (receipt) when you contact Enuresis Solutions. In order to determine if the item is truly defective, it may be necessary to talk to an Enuresis Solutions representative by telephone, and have a responsible adult present with the equipment for appropriate tests to be run at that time. Upon determining that the item is defective and still under warranty, a Return Authorization (RA) will be issued to the user by email. It is the user’s responsibility to ship the item, properly packaged to prevent damage during shipping, to Enuresis Solutions at the user’s cost within 14 (fourteen) days of the issue date of the RA. The RA and Enuresis Solution’s address can be cut from the received RA email and used as a shipping address label. Please enclose a copy of your purchase receipt and a copy of the RA email. Advanced replacements are not allowed or provided, as the returned item may prove not to be defective or may be repaired and returned to the user. The defective product must be received by Enuresis Solutions in proper condition before any repair or replacement action can be undertaken. For all international shipments (shipments to or from countries outside the United States (U.S.)), the customer will be responsible for all costs relating to shipping, taxes, duties and all such expenses in either and both directions for any purpose, including sales, returns and warranties.
The replacement product will be shipped to a U.S. address only by USPS First Class Mail or equivalent carrier service. Any other mode of shipment or shipping to an address outside the U.S. will require additional shipping fees to be paid by the Buyer. These fees will typically be charged by sending a PayPal payment request to the Buyer. Upon acknowledgement of payment, the product will be shipped.
These warranties are void if the equipment provided is subject to physical abuse, physical breakage, improper electrical current/voltage, misuse, neglect, improper maintenance, operation under abnormal conditions that are detrimental to the equipment (such as extreme temperatures or dirty conditions, fire, water, breakage, acts of God), damage caused by improper installation, or by unauthorized persons attempting to repair or do technical service work with the items.
- Returns and Refunds. Unused products in their original packaging and in resalable (new) condition may be returned within twenty days of their invoice date. Due to health and safety concerns, products cannot be returned for refund unless they are new and unused. Products sent as replacements for defective items cannot be considered new for refund purposes. For returns and refunds, appropriate verifications and certifications of the items being new and unused will be required. Returns for refund must be requested within twenty days of the invoice date. Refunds can only be provided for the complete new and unused set of items ordered, with no partial refunds. All items must be properly and safely packaged and shipped at the user's cost to Enuresis Solutions within 14 (fourteen) days of the return RA being issued. Some charges will be applied. Only the cost of the product(s) purchased will be considered for refund. Other charges, such as shipping, insurance, duties, etc. will not be refunded. If free shipping was offered and provided, this outbound shipping and related costs will be deducted from any refund. Conditions for refunds can be obtained by sending an email to service@DryBuddy.com .
Returns created by the customers’ refusing delivery of their order and having the carrier return the order to us will have to pay for the return shipment and any extra charges (such as Customs Clearing charges, if applicable). This is the same as the original shipping charge, and may have additional charges if applicable. and will be deducted from any refund due.
For all returns for a refund or otherwise there will be 20% (twenty percent) restocking charge.
This Returns Policy supersedes the policies of any and all parties and organizations except when it may be in direct conflict with specific Federal or State of Georgia laws in the U.S.A.
- Limitation of Liability. Enuresis Solutions, LLC is not responsible for any loss of functionality due to the system or products breaking down or while the system or its parts are being repaired or replaced by Enuresis Solutions, LLC. These warranties also do not provide for any equipment to be loaned to you while your equipment is being repaired or replaced. This warranty is not transferable and applies only to the original purchaser (or person to whom the product was originally shipped).
The warranty and remedy provided above are exclusive and in lieu of all other express warranties and, unless stated herein, any statements or representations made by other persons or firms are void. The duration of any implied warranties of merchantability or fitness for a particular purpose on the products provided to Buyer by Enuresis Solutions, LLC shall be limited to the duration of the express warranty set forth above. Except as set forth in this warranty, Enuresis Solutions, LLC will not be liable for any loss, inconvenience, or damage, including direct, special, incidental, or consequential damages, resulting from the use, misuse, or inability to use Enuresis Solutions, LLC provided products, whether resulting from breach of warranty or any other legal theory. For any and all reasons, the maximum liability incurred by Enuresis Solutions, LLC shall not exceed the value paid for the express purchase of the product(s) purchased by the Buyer, and shall not include any ancillary costs such as shipping.
- Errors and Omissions. Under exceptional conditions, information which is erroneous may be provided unintentionally. This may relate to descriptive or pricing information, which can occur due to human or computer errors or other inexplicable reasons. In some instances these errors may be obvious as they are substantially outside any reasonable terms or conditions as stated herein or relative to any published information provided by Seller. This erroneous information will be corrected as soon as it is brought to the Seller's attention. Such erroneous information shall not be binding on the Seller, which can correct such information, and will not be responsible for any consequences of such errors.
- Governing Law/Venue. The laws of the State of Georgia shall govern any disputes that may arise with respect to the DryBuddy System, its warranty, or any relevant matter. Any action regarding DryBuddy and the respective rights granted to the user or Enuresis Solutions, LLC shall be brought in Chatham County, Georgia or, in the event of diversity of citizenship and country of residence, the United States District Court for the Southern District of Georgia. Both parties expressly waive a trial by jury. You explicitly agree that if any judgment is obtained against you, even though by default on your part, that this judgment will apply and can be executed in the State of your residence or location.
- Entire Agreement/Modification. The parties intend this agreement to be the complete statement of the terms of their agreement. This agreement replaces and supersedes any prior agreements between them with respect to the subject matter hereof. No course of prior dealing or usage of trade shall be relevant to amend or interpret this agreement. This agreement may not be changed modified or amended except by an instrument in writing signed by Seller.
These Terms and Conditions of Sales and Service supersede the policies of any and all parties and organizations extraneous to Enuresis Solutions, LLC except when it may be in direct conflict with specific Federal or State of Georgia laws in the U.S.A.
We understand that making purchases online involves a great deal of trust on your part. We take this trust very seriously, and make it our highest priority to ensure the security and confidentiality of the personal information you provide to us. Please read the following policy to learn about our privacy practices. By visiting our website, www.DryBuddy.com, you are accepting the practices described herein.
- What information we collect from you
- How we use your information
- With whom we share your information
- How you can access your information
- How we protect your information
- External links
- How you can contact us
What information we collect from you: In General: We receive and store any information you enter on our Web site or give us in any other way. This includes information that can identify you ("personal information"), including your first and last name, telephone number, postal and e-mail addresses, and, in some cases, billing information (such as credit card number, cardholder name, and expiration date). You can choose not to provide information to us, but in general some information about you is required in order for you to purchase products; participate in a survey; ask us a question; or initiate other transactions on our site.
How we use your information: DryBuddy.com uses sensitive billing information (such as cardholder name, credit card number, and expiration date) for the purpose of completing purchases or any other financial transactions with you on our site. We use other information about you for the following general purposes: to provide you with the services you request; to manage your account; to communicate with you in general; to respond to your questions and comments; to measure interest in and improve our services and Web site; to notify you about special offers and services that may be of interest to you; to otherwise customize your experience with DryBuddy.com; to solicit information from you, including through surveys; to resolve disputes, collect fees, or troubleshoot problems; to prevent potentially prohibited or illegal activities; to enforce our Terms and Conditions of Sale and Warranty; and as otherwise described to you at the point of collection.
With whom we share your information: DryBuddy.com may share your information with third-party vendors who provide services or functions on our behalf, including credit card processing, business analytics, customer service, marketing, distribution of surveys or sweepstakes programs, and fraud prevention. These companies have access to personal information needed to perform their functions but are not permitted to share or use the information for any other purpose.
We also may share your information:
- In response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us.
- When we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of DryBuddy.com, our customers, or others; and in connection with our Terms and Conditions of Sale and Warranty and other agreements.
- In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
Other than as set out above, you will be notified when personal information about you will be shared with third parties, and you will have an opportunity to choose not to have us share such information.
How you can access your information: You can access your information at the Log In page on DryBuddy.com, where you can view, update, or change your personal information.
You can close your DryBuddy.com account by contacting us via phone. We will send you an e-mail confirming your request to close your account to the e-mail address contained in your member profile. Please note that after you close an account, you will not be able to sign in or access any of your personal information. However, you can open a new account at any time. Please also note that we may retain certain information associated with your account for analytical purposes as well as for recordkeeping and warranty integrity.
How we protect your information: We want you to feel confident about using DryBuddy.com to purchase or use DryBuddy products, so we are committed to protecting the information we collect. While no Web site can guarantee security, we have implemented appropriate administrative, technical, and physical security procedures to help protect the personal information you provide to us. For example, only authorized employees are permitted to access personal information, and they only may do so for permitted business functions. In addition, we use encryption when transmitting your sensitive personal information (as relevant) between your system and ours, and we employ firewalls and intrusion detection systems to help prevent unauthorized persons from gaining access to your information.