Terms of Sale
Definitions:
For the purposes of this document, the abbreviation "DIY" will mean "Do it yourself".
Terms Of Sale And Use:
Please read this entire agreement. By purchasing any product manufactured or supplied by Stimkits via website, online store or any other source you unconditionally agree to ALL of the following statements, terms and conditions. If you do not agree, please do not use this website or purchase any product manufactured, supplied or sold by Stimkits, or it's authorized agents or resellers.
Ordering:
We accept most major credit and debit cards for payment. All transactions must clear the authorization process and funds must be deposited in our financial institution before any shipment of product(s) will take place. Because of the nature of these products and state statutes regarding hygienic consideration all sales are final. NO EXCEPTIONS.
Sales Tax-US Shipments:
When required by law Stimkits will collect Federal, State and/or Local sales, use, excise, and any other taxes that apply to a Customer's shipment. These taxes are in addition to the purchase price and shipping cost of the products. Customer will remit the required tax at checkout.
Shipping:
Your privacy is important to us. Your order is shipped discreetly in plain packaging with the only name, "Order Fulfillment Center" and the return address of our fulfillment center. We do not list our physical street address because we are located in an industrial facility that is not zoned for retail sales. We are only a production facility and because of municipal zoning restrictions we are not set up for and can not legally do retail sales. Our physical location is zoned "light industrial" as such we are prohibited by local ordinance from doing any kind of retail or "walk-in" sales.
We attempt to process orders within 1-2 business days after the funds have cleared our bank. Once we ship your order, we will send you an email with the tracking information. You can also check on your order status by logging into your account. All domestic orders will be shipped via USPS Priority Mail and all international orders will be shipped via USPS International Priority Mail. Delays in shipping can be caused by bad weather or other disasters. If your package does not arrive according to the shippers' estimate because of natural disasters anywhere along the shipping route, including (but not limited to) meteors, aliens, terrorism, incursions by beings from other dimensions, or any other reason the postal service may try to blame it on, we are not liable to refund any shipping fees. All shipping fees collected at the time of the purchase are passed on to the shipper. Once your order leaves our facility it is out of our control. If you encounter any issues or problems during the shipping process it is the responsibility of the shipper to make any adjustments or refunds.
International Shipping:
For customs purposes the buyer is considered to be the importer and as such is responsible for any and all VAT, tariff's, duties, additional taxes, handling fees, brokerage charges, customs clearance charges, port fees, etc., as required by your country for importing consumer goods. All international shipping services are eligible for these fees. There is no way for Stimkits (the shipper) to predict your country's fees and customs habits. Therefore you should be prepared to pay full VAT on the full declared value of your order as well as any customs, duties or other fees your country's customs and postal systems may charge. It is not the responsibility of Stimkits to pay these charges. If you do not pay the required brokerage fees, VAT, tariff, duty, taxes, handling fees, customs clearance charges, etc., Stimkits is not responsible. The required customs forms will be included in the shipping documentation with your order and will accurately describe the contents and cost of your order. Stimkits will not lower the value, mark orders as samples or gifts or engage in any other act to artificially reduce the value of your shipment so as to decieve your customs officials or reduce your liability. Our shipping system is fully automated, we can not and will not falsify customs documents.
International Compliance:
It is the total responsibility of the buyer to be certain that whatever products are purchased from Stimkits are in full compliance with all rules and regulations in effect within the buyers particular country or jurisdiction. No refunds of any kind will be issued to the buyer if the shipment is seized by customs or denied entry into your country by reason of any non-compliance issues. We have no inclination to initiate an international incident with your customs officials. So, if your shipment denied entry by customs, your customs officials will be instructed to dispose of the item(s) in accordance with their standard procedures. If you require additional information, contact the local customs office of your country or jurisdiction.
Export Control:
Stimkits is committed to compliance with all U.S. Export Regulations and Laws. Stimkits will not sell or ship to countries embargoed by the U.S. Treasury Office of Foreign Asset Control (OFAC). Customer agrees to comply with all such laws, regulations and orders. Customer further acknowledges that it shall not directly or indirectly export any products sold through Stimkits to any country to which such export or transmission is restricted or prohibited. Customer acknowledges its responsibility to obtain any license to export, re-export or import any product(s) purchased from Stimkits as may be required under their jurisdiction.
Conflict Minerals, Child/Slave Labor:
Stimkits will not knowingly purchase raw or processed materials containing conflict minerals nor will Stimkits knowingly purchase raw or processed materials or partially or fully completed products manufactured utilizing child or slave labor.
Statements and Advice:
Technical support is offered free of charge and is available on a limited basis and only via email exchange. If statements, opinions, or advice, technical or otherwise are offered or given to a Customer, such statements, opinions, or advice will be deemed to be given only as an accommodation to the Customer and having absolutely no value of any kind whatsoever. It is entirely upon the responsibility of the Customer to determine the usefulness and/or validity of such statements, opinions, or advice for their own particular situation. Stimkits shall assume no liability or responsibility for the content or the use of such statements, opinions, or advice. Stimkits support is provided only via email exchange and is therefore is extremely limited in scope which prevents Stimkits from the direct participation in the actual use of such statements, opinions, or advice. If a particular product, manufacturer, company or service is referenced, it is not to be considered as a recommendation or endorsement of any particular product, manufacturer, company or service.
Warranty Statement, DIY Kits Manufactured By Stimkits:
Because the electronic kits sold by Stimkits consist only of raw unassembled individual parts which by themselves can perform no function whatsoever and because Stimkits has no actual control over the knowledge or technical skills required of the original purchaser to successfully assemble said Kit, or that any other party the original purchaser may engage as having the knowledge or technical skills required to successfully assemble said Kit, the only warranty that is provided by Stimkitsis that the individual parts provided in said Kit are of the correct type and quantity required to complete the construction of said Kit. Stimkits only responsibility shall be to the original purchaser for a period of seven (7) calendar days from the date of delivery. In that time Stimkits will at no charge and at it's option, send a replacement for any required part(s) listed on the published inventory list for the particular purchased kit but not included in the kit. Please contact support@stimkits.com regarding missing parts issues.
Warranty Statement, Non-Kit Products Manufactured By Stimkits:
Stimkits will repair any Non-Kit (assembled) product manufactured by Stimkits at no charge. Our only ask is that the customer cover the shipping costs to and from our facility. Upon completion of repair Stimkits will provide the customer a payable invoice for the return shipping via email. We must receive payment confirmation before any repair return will be shipped. Prior to shipping your item for repair please contact us at support@stimkits.com for a Return Authorization form to include with your repair item.
Warranty Statement, Products Not Manufactured By Stimkits:
Products that are not manufactured by Stimkits but are sold by Stimkits are sold "as is" and "as available" and without any warranty whatsoever extended by Stimkits. Such products may or may not be covered by an original manufacturer's warranty and passed through to you. Please contact support@stimkits.com to confirm any product warranty prior to purchase.
Disclaimer Of Liability:
The laws and limitations imposed on technology by government agencies is constantly changing. Therefore, some products offered for sale may be inconsistent with current laws or regulations in your jurisdiction. Your safety is your own responsibility including the possession of the proper tools, knowledge of the tools, and skill in the use of the tools and safety gear needed to assemble an electronic kit and also in the determination as to whether or not you possess adequate technical knowledge to assemble said electronic kit. Assembly manuals may only offer basic instructions and may not fully describe all possible techniques to complete a construction step. Kits, projects, devices, software, hardware or any other product that may be offered for sale via the Stimkits website and/or online store(s) are not intended for anyone under the legal age of majority in your jurisdiction. Use of kits, projects, products, assembly instructions or suggestions via any communication with Stimkits is done so at your own risk. Stimkits disclaims any and all liability for any alleged damage, injury, or expense in connection with the use of it's products. It is the total responsibility of the buyer, assembler, owner and user to make sure that any and all activities have the full informed consent of all person(s) involved. If you choose to use or modify any product manufactured or sold by Stimkits in the design or construction of your own second or third party device, Stimkits will not be held liable for your safety, design, function, certification or any lack thereof.
TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, EXCEPT FOR THE EXPRESS LIMITED WARRANTIES AND CONDITIONS SET FORTH ABOVE, ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND STIMKITS AND ITS SUPPLIERS MAKE NO WARRANTIES UNDER THIS AGREEMENT, EXPRESS, IMPLIED, OR STATUTORY, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE UNDER OR IN CONNECTION WITH THE PRODUCTS. STIMKITS DOES NOT WARRANT THAT ANY PRODUCT(S) AND/OR CONTENT WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR THAT THEY WILL BE SECURE OR VIRUS-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY STIMKITS, ITS AGENTS OR OTHER REPRESENTATIVES OR EMPLOYEES SHALL IN ANY WAY INCREASE THE SCOPE OF STIMKITS' WARRANTIES UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FORGOING, STIMKITS AND ITS SUPPLIERS DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO ANY THIRD PARTY INTELLECTUAL PROPERTY, TECHNOLOGY OR INFORMATION PROVIDED AS PART OF THE PRODUCT OR DOCUMENTATION. THE BUYER AND/OR ASSEMBLER AND/OR USER ASSUMES ALL RISK ASSOCIATED WITH THE CONSTRUCTION AND USE OF THESE PRODUCTS AND FOR THE RESULTS EXPECTED AND/OR OBTAINED. IN NO EVENT DOES STIMKITS ASSUME ANY LIABILITY FOR ANY DAMAGES WHICH THE BUYER AND/OR USER MAY CLAIM TO HAVE SUSTAINED BY REASON OF THE FAILURE OF SAID PRODUCT(S)TO PERFORM TO THEIR SATISFACTION OR BY REASON OF MISUSE OR BY REASON OF MALFUNCTION OF SAID PRODUCT(S). THE BUYER AND/OR ASSEMBLER AND/OR USER WAIVES THE BENEFIT OF ANY RULE THAT DISCLAIMER OF WARRANTY SHALL BE CONSTRUED LIBERALLY AGAINST THE BUYER AND AGREES THAT THE DISCLAIMERS HEREIN ABOVE SHALL BE CONSTRUED LIBERALLY AGAINST THE SELLER. IN NO EVENT SHALL ANY CLAIM MADE AGAINST THE MANUFACTURER AND/OR SELLER EXCEED THE PURCHASE PRICE OF THE ITEM. ALL PRODUCTS SOLD BY STIMKITS ARE SOLD AS A NOVELTY ITEM ONLY. EXCEPT AS ABOVE SPECIFIED NO OTHER WARRANTIES EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE ARE GIVEN AS TO THE MERCHANTABILITY OF SAID PRODUCTS AND NO OTHER WARRANTIES EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE ARE GIVEN THAT ANY PRODUCT SOLD BY STIMKITS IS FIT FOR ANY PURPOSE WHATSOEVER.
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