Terms and conditions of use

By placing an order on our website you agree to be fully bound by all terms and conditions stated herein.

You agree to use our website in good faith, and provide only honest and accurate information to us at all times. You agree to provide accurate and honest payment, shipping, and billing information for any order and/or correspondence. You agree to be liable for any damages resulting from inaccurate or erroneous information provided to us at any time, including but not limited to: payment, billing, and shipping. You agree that you are authorized to provide any payment, shipping, and billing information to us. For any payment, you agree that you are authorized to use the payment method being submitted, and that you are authorized to enter the delivery recipient entered as the authorized cardholder, or an authorized agent or third party of the cardholder. 

Contact

You agree to receive communications and updates via email, phone, and/or text message (if a mobile phone number is provided) for purposes of order processing, fulfillment, and verification purposes. You also agree to receive all such communications from the carrier or fulfillment provider for any order that is placed, for the purpose of delivery of the order, or other delivery related verification or associated processing. 

Shipping and Delivery

You agree to all of our shipping terms and policies stated here

Return Terms and Conditions

You agree to our return terms and conditions stated here

Cancellation Policy

You agree that once an order is submitted - it cannot be modified or canceled for any reason, even if immediate contact is given, and even if the status for the order shows as still being processed, or otherwise, not in "shipped" status. In limited instanced, we may be able to contact the fulfillment provider or carrier and request a chance for delivery, but this is not guaranteed. Any attempts to circumvent these terms, including, but not limited to "reversing" or "cancelling" payment with the card issuer or bank, threats to breach the terms of sale, "returning to sender" or sending any unauthorized return of the merchandise after delivery is made, shall constitute buyer fraud, and a penalty of $150 shall apply (see below for more details under "Buyer Fraud"). Such action also constitutes a criminal offense and may be reported to local and/or federal law enforcement, and to the card issuer or bank.

Damages Due

Information Provided: You agree to be liable for any damages, losses, or other expenses resulting from any inaccurate, erroneous, fraudulent, or invalid information provided to us for billing, shipping, payment, or any other information or correspondence.

Action or Inaction: in any case where any action or inaction by any customer resulting in losses or damages for our company, the customer shall be liable for any and all associated costs. This includes, but is not limited to: failure to retrieve a package that was attempted to be delivered, failure to receive a delivery, or have an authorized recipient available for delivery, taking any actions to cause harm to our company, or to defraud our company of any merchandise, providing incomplete or inaccurate information, providing inaccurate or false statements at any time. In any such instance the customer shall be liable for any associated losses, fees, and all other costs, including any time or investigation related costs. 

Product Details and Descriptions

We make every effort to provide the most accurate and up to date details, specifications and information for any item listed for sale. We may provide this information based on manufacturer's listed specifications, product data sheets, authorized dealer data specifications, or other sources. We are not responsible for any inaccuracies or incomplete information. All descriptions are provided as-is, without any guarantee as to the accuracy, completeness, or currentness. Any product condition details (such as refurbished, reconditioned, used, open box, etc.) shall be listed in the product description for any item listed for sale. The product condition is an additional product detail and may not be listed as an additional title extension on any invoice, checkout summary, or order history. For example, if an item is refurbished, it will state this in the product description, but the invoice may only show the product title, without any additional details.

Buyer Fraud

Any case of buyer fraud shall constitute a breach of these terms of sale, and shall be subject to a $150 penalty, plus any related costs. Buyer fraud shall include, but is not limited to:

Return Fraud - any unauthorized return sent, any attempt to circumvent the return terms and procedures - including the use of threats (such as leaving bad feedback, or initiating a chargeback (such actions are also a breach of the arbitration clause - see below) for the purpose of circumventing any of the applicable return terms and procedures agreed to at the time of sale. Example: a buyer receives an order and is not happy with it - the buyer then demands a refund (instead of the required return terms and policies applicable), or threatens to leave bad feedback or dispute the charge - this shall constitute buyer fraud and is subject to the $150 penalty and all related costs. Such action also constitutes a criminal offense, and may be report as such to federal or local law enforcement if needed. Another example of return fraud/buyer fraud would be where a buyer receives an order, then without receiving a valid Return Merchandise Authorization, which is required for all returns, and without following the required return procedures, then sends back merchandise, and demands credit, or a refund, or files a dispute with their card issuer stating credit is due. These actions described, again not only constitute buyer fraud and return fraud, but also constitute a criminal offense. 

Dispute and Chargeback Fees

Filing a dispute in any form except binding arbitration as stated in the arbitration clause in this sales contract, is a breach of the arbitration clause and of this agreement. This includes any dispute or chargeback filed with the bank or card issuer for the payment related to the transaction. The buyer agrees to pay us a $200 fee for any chargeback or dispute filed. This fee is separate from any other fees due for breach of the arbitration clause, or other damages or fees due. This fee shall be paid regardless of the outcome of any dispute or claim filed. This fee shall cover the time, resources and related expenses needed to investigate and provide correspondence for the claim or dispute, which was made in violation of the arbitration clause and of the general terms of sale agreement. The buyer agrees that we shall be able to use a collections agency to recover this fee and any related costs. We also have the right to utilize a civil recovery action to recover this fee and any related costs. This clause shall not apply to any case where a card is wrongfully used without permission (for example: a stolen card used) to place an unauthorized transaction on our website. For any failed delivery, or other order problem where incomplete or damaged merchandise is received, the buyer must allow us to resolve the problem by issuing a replacement shipment, or replacing the damaged merchandise, in accordance with our return policy and terms where applicable, which is required under this agreement.

Arbitration

You agree to be bound by the following arbitration agreement - you agree to use binding arbitration in the State of New York as the sole forum, and sole method for any dispute, claim, or complaint arising from any transaction or interaction with us. This means that you may not file any complaint, dispute, or claim in any form - including, but not limited to: any chargeback or payment dispute with your bank, or card issuer, any negative review or complaint made in any public forum, or to any third party, any complaint made to any third party entity, such as the BBB, or any third party in any form. You agree that for any such use of arbitration you shall first allow us 60 days from the date of delivery, or the date of any event giving rise to any dispute, complaint, or claim - to resolve the matter directly - prior to utilizing binding arbitration. YOU AGREE TO PAY A PENALTY OF $150 FOR ANY BREACH OF THIS ARBITRATION CLAUSE. You agree that we may use a collections agency, wage garnishment, or any other legal method or remedy to collect this penalty, including contacting you, your employer, associates, friends and family directly for the purpose of collecting these fees, in accordance with all Federal and local laws. 

Costs - the costs for arbitration are to be paid equally by both parties, regardless of the outcome of the arbitration (for example if one party wins the arbitration, the costs associated with the arbitration are still split equally). 

Requirements - arbitration must take place in New York State, within 90 days of notice to commence arbitration, in a location agreed upon by both parties, and with a neutral arbitrator. Both parties agree to be bound by the decision of the neutral arbitrator and to pay all associated costs split equally by each side. 

Breach

You agree to be liable for any and all related costs, damages, and fees for any breach of any of the terms of this agreement. You agree that these fees shall be a minimum of $150 per breach, and will be calculated on a rolling basis, with the maximum amount of interest that may be legally added to this total, if the fees remain unpaid for over 30 days. You agree that we may use a collections agency, wage garnishment, or any other legal method or remedy to collect this penalty, including contacting you, your employer, associates, friends and family directly for the purpose of collecting these fees, in accordance with all Federal and local laws. To protect our company from potential harm and/or losses, we reserve the right to enforce any provision contained in this agreement, in anticipation of a breach, if we receive any notice or correspondence in any form, threatening to breach any of the terms contained in this agreement, including any notice, correspondence, or information of any potential breach or likelihood thereof, or if we determine in our sole discretion, after reviewing all facts, information, correspondence, and details, that any transaction and/or customer poses a high risk of harm and/or loss to our company. For any anticipatory breach, we may transfer the order total plus any additional applicable fees, to a collections agency, or other civil recovery action, and/or collect any applicable fees listed for any specific breaches of the sales contract, and/or arbitration clause. 

Collections

We reserve the right to use a collections agency, civil recovery/claim, or any other legal means to collect any fees, damages, or other sums which may be due, due to a breach of this sales contract, or for any other balance due, that is related to any transaction made. We also reserve the right to report any balance due, to the major credit bureaus (Equifax, Experian, and Transunion).

Indemnification

You agree to indemnify, defend and hold us and any affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to a any violation of this contract or use of the site.

These terms are subject to change without notice. For more information on these terms you may email info@firstdealoutlet.com