Privacy Policy
We respect your privacy! Any and all the information collected on this site will be kept strictly confidential. We will not trade, sell or share your personal information without your consent, unless required by law or as disclosed to you when the information is collected. Any information you provide will be held with the utmost care and will not be used in ways that you have not consented to. If you have any questions, please feel free to call or email us.
By using this website, you signify your acceptance of this Privacy Statement, and you adhere to the Terms and Conditions posted below on the website.
TERMS & CONDITIONS
version. September 24, 2009
1. AGREEMENT
Welcome to the Sante Marine Propeller web site!!
By using this Site, you agree to be bound by, and to comply with, these Terms and Conditions unless you offer different terms that are accepted in writing by our Sante Marine Propeller. You also agree to comply with any guidelines or rules posted on the Site regarding any Product or Service. All such guidelines and rules posted are hereby incorporated by reference into these Terms and Conditions. If you are dissatisfied with the Site, its content or Terms or Conditions or other legal notices, you agree that your sole and exclusive remedy is to discontinue using this Site.
PLEASE NOTE: We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms and Conditions at any time. Unless otherwise indicated, amendments will become effective immediately. Please review these Terms and Conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms and Conditions and the reasonableness of these standards for notice of changes, whether or not you actually reviewed them. For your information, this page was last updated as of the date at the top of these terms and conditions.
Please read these terms carefully because they contain legal obligations.
2. COMMUNICATIONS
When you visit Sante Marine Propeller, purchase products or services through the Site, or contact our customer service department, you are communicating with us electronically. We will also communicate with you via email or by posting notices on and updates to the Site. By using the Site, you hereby agree that all agreements, notices, disclosures and other communications that we provide.
3. ELIGIBILITY
By entering any information on this Site, you represent and warrant that you: (i) are at least 18 years of age or are using the site under the supervision of a Guardian; (ii) are using your actual identity; (iii) have provided only true, accurate, current and complete information; (iv) any billing address and phone number You provide will be the address and phone number Your credit card bank has on file for you; (v) will maintain and promptly update the information that you provide to keep it true, accurate, current and complete; and (vi) are not using the Site for any improper purpose. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site.
4. CONFIRMING, CANCELING & CHANGING YOUR ORDERS AND/OR MEMBERSHIP
For orders that have already been shipped, you can confirm the date and method of shipment, an estimated date of arrival, and a tracking number, only if applicable. As long as your order or merchandise from Sante Marine Propeller has not yet entered the shipping process, you can change the details via e-mail. Sante Marine Propeller will not provide reimbursement for shipping and handling charges once the order has entered the shipping process.
5. ORDER AND PAYMENT TERMS
You agree that your placement of any Order and/or membership in any programs offered by Sante Marine Propeller on the Site is sufficient to satisfy the Statute of Frauds, and no further writing is required. Terms of payment are within Sante Marine Propeller's sole discretion, and unless otherwise agreed in writing, payment must be received by Sante Marine Propeller prior to acceptance of an order and/or Membership. Sante Marine Propeller may accept payment via Paypal.
Orders are not binding until the order and/or Membership is accepted by Sante Marine Propeller and Sante Marine Propeller may cancel or limit an order any time after it has been placed in its sole discretion. Sante Marine Propeller expressly conditions its acceptance of Your order and/or Membership on Your agreement to these Terms and Conditions Site Terms.
6. SHIPPING
Unless otherwise noted, Sante Marine Propeller will make best efforts to ship merchandise within 7 to 10 days of the receipt of a properly completed order, but this is only an estimate. You understand that product availability may be limited and particular products may not be available for immediate delivery. Sante Marine Propeller shall not be liable for any loss, damage, cost or expense related to any delay in shipment or delivery. Title to any product and risk of loss passes from Sante Marine Propeller to You upon shipment from Sante Marine Propeller's facility.
7. RETURNS, REFUNDS AND EXCHANGES CONDITIONS
If you need to return any product(s) purchased from Sante Marine Propeller then you must FIRST obtain a Return Merchandise Authorization (RMA) number by contacting customer service at santemarine@sbcglobal.net. Please allow up to 7 business days to process your return from the time it reaches our Returns Department. All credit requests will be completed within 7 business days, but please note that it may take your credit card bank up to 30 days to apply your credit. Please note that we have no control over how long the credit card company takes to credit the refund to your account after we submit the data to them, but we do whatever we can to expedite the process. Unless specifically requested and authorized by us, refunds will be issued in the same manner as payment was received.
8. TERMS OF LIMITED WARRANTY
Sante Marine Propeller will allow exchanges or returns up to 30 days after date of shipment due to malfunction or defect. After 30 days, please refer to manufacturer's warranty, if any.
9. DISCLAIMER OF WARRANTIES
OUR WARRANTIES ONLY COVER DEFECTS ARISING UNDER NORMAL USE AND DO NOT INCLUDE MALFUNCTIONS OR FAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, WATER DAMAGE, USAGE NOT IN ACCORDANCE WITH PRODUCT INSTRUCTIONS OR ACTS OF NATURE OR THIRD PARTIES.
EXCEPT AS EXPRESSLY PROVIDED HEREIN WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO (i) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT; (ii) WARRANTIES AS TO THE OPERATION OF SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED OR OFFERED THEREON; (iii) WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iv) WARRANTIES AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE OR THAT THE CONTENT PROVIDED ON THE SITE IS APPLICABLE TO, OR APPROPRIATE FOR USE IN, LOCATIONS OUTSIDE OF THE UNITED STATES; OR (v) THAT THE SITE, ITS SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF REDCLAY MASTIFFS ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.
ANY PRODUCTS PURCHASED, MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR PRINTERS OR OTHER HARDWARE THAT RESULTS FROM YOUR USE OF THIS SITE, OUR PRODUCTS OR OPENING ANY EMAIL SENT BY US. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. EXCEPT AS EXPRESSLY STATED HEREIN WE MAKE NO WARRANTY THAT: (i) ANY PRODUCT OR SERVICE WILL MEET YOUR REQUIREMENTS; (ii) ANY PRODUCT OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY PRODUCT OR SERVICE WILL BE ACCURATE OR RELIABLE: (iv) THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ANY PRODUCT OR SERVICE WILL MEET YOUR EXPECTATIONS; OR (v) ANY DEFECTS WILL BE CORRECTED.
10. PRODUCT DESCRIPTION, TYPOGRAPHICAL ERRORS, THIRD PARTY SITES
Sante Marine Propeller attempts to be as accurate as possible with our product descriptions. However, Sante Marine Propeller does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered is not as described, your sole remedy is to return it in unused condition. PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THIS SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on this Site does not imply that the product or service is presently available. All orders of products or services are subject to prevailing law, including, as appropriate, export and import regulations and boycotting restrictions, if any, imposed by governing bodies having jurisdiction over such orders, products or services.
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Sante Marine Propeller shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price 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, Sante Marine Propeller shall issue a credit to your credit card account in the amount of the incorrect price.
The Sante Marine Propeller is not responsible for the content of any sites that may be linked to or from this Site. These links are provided for your convenience only and you access them at your own risk. Any other web site accessed from this Site is independent from Sante Marine Propeller, and Sante Marine Propeller has no control over the content of that other web site. In addition, a link to any other web site does not imply that Sante Marine Propeller endorses or accepts any responsibility for the content or use of such other web site. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Sante Marine Propeller of that third party or of any product or service provided by a third party.
11. MODIFICATIONS TO SERVICE
We may modify, suspend or discontinue any Product, Service or Promotion in our sole discretion without prior notice. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the email address you gave us when you placed the order.
12. USER CONDUCT
Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site (or any linked site) will not be permitted. You agree not to access or attempt to access the non-public areas of the Site or any other user's password-protected information or impersonate any person or entity or otherwise falsely state or misrepresent your affiliation with a person or entity. Your agree that your data, content, and any information provided or used on Site, as well as your use of our Site, Products and Services will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights (collectively "Rights") of any party, including the Rights of third-parties; or contain or promote any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct.
We may elect to electronically monitor areas of the Site and may disclose any content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, sponsors, providers, licensors, or merchants.
13. ACCOUNT MAINTENANCE
User accepts full responsibility for (i) keeping his or her account password confidential and secured, (ii) restricting access to such User's computer; and (iii) keeping the e-mail address associated with that account current. User accepts full responsibility for all activities that occur within such User's account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. Sante Marine Propeller will not be responsible for any loss or damage arising from your failure to comply with your responsibilities and obligations under these Terms and Conditions.
We reserve the right to delete or change any username or password at any time and for any reason. We may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason at all. You are personally liable for any orders that you place or charges that you incur prior to termination.
14. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY SET FORTH HEREIN OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING THE SITE OR RELATED PRODUCTS OR SERVICES (COLLECTIVELY THE "COMPANY UMBRELLA") SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR USE OR INABILITY TO USE THE SITE OR OUR PRODUCTS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE (INCLUDING ANY DAMAGE TO A PRINTER FROM USE OF OUR PRODUCTS); (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (v) OR ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT OR OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING or (vi) ANY OTHER MATTER RELATING TO THE SITE HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN NO EVENT SHALL OUR TOTAL LIABILTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO COMPANY OR $35.00 (WHICHEVER IS GREATER).
THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15. INDEMNITY
By using the Site web sites you agree to indemnify Sante Marine Propeller and the Sante Marine Propeller Umbrella and hold them harmless from any and all claims and expenses, including (without limitation) attorney's fees, arising from your use of the Site web sites, your use of the Products and Services, or your submission of ideas and/or related materials to Sante Marine Propeller or from any person's use of any ID, membership or password you maintain with any portion of the Site, regardless of whether such use is authorized by you.
16. PLACE OF PERFORMANCE
You understand and agree that Sante Marine Propeller does business only in the State of Ohio. Sante Marine Propeller does not own or operate any facilities outside of Ohio. References to any Sante Marine Propeller product or service do not constitute an offer to sell or supply that product or service, nor does it mean that the product or service is available in all jurisdictions. Those who choose to access this site from locations outside Ohio do so on their own initiative and are responsible for compliance with all applicable local laws.
17. DISPUTE RESOLUTION
This Agreement will be governed by and construed in accordance with the laws of the State of Ohio, as it is applied to agreements entered into and performed therein, and excluding (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. Any action brought to enforce this Agreement or matters related to the Site will be brought in either the State or Federal Courts in Cuyahoga County, Ohio and You hereby consent to jurisdiction and venue in Cuyahoga County, Ohio for such purpose, waive the personal service of any process upon them and agree that service may be effected by overnight mail (using a commercially recognized service) or by U.S. mail with delivery receipt to the address you provided to Sante Marine Propeller). Notwithstanding anything contained in this Agreement to the contrary, Sante Marine Propeller shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce Sante Marine Propeller's rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.
18. SEVERABILITY, NON-WAIVER AND MERGER.
If any provision of these Terms and Conditions is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between Sante Marine Propeller's representatives and you with respect to the subject matter hereof, including any terms and conditions on any of customer's documents or purchase orders. ANY ADDITIONAL, DIFFERENT OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY CUSTOMER AT ANY TIME ARE HEREBY OBJECTED TO BY REDCLAY MASTIFFS, AND ANY SUCH DOCUMENT SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON REDCLAY MASTIFFS.
19. NO JOINT VENTURE, NO DEROGATION OF RIGHTS.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sante Marine Propeller as a result of these Terms and Conditions or your use of the Site. Our performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained herein is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.
20. ASSIGNMENT.
Customer may not assign its rights or obligations hereunder without the express prior written consent of Sante Marine Propeller. This agreement shall be binding upon the heirs, successors and assigns of the parties hereto.