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.
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 www.WeatherBuffs.Com. The collective work includes works that are licensed to www.WeatherBuffs.Com. Copyright 2007, www.WeatherBuffs.Com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with www.WeatherBuffs.Com or purchasing www.WeatherBuffs.Com 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 www.WeatherBuffs.Com or to purchase www.WeatherBuffs.Com 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 www.WeatherBuffs.Com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of www.WeatherBuffs.Com used in the site are trademarks or registered trademarks of www.WeatherBuffs.Com
This site and the materials and products on this site are provided "as is" and warranties offered or described by WeatherBuffs.com, if any, are made only by the manufacturers. To the fullest extent permissible pursuant to applicable law, www.WeatherBuffs.Com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. www.WeatherBuffs.Com 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. www.WeatherBuffs.Com 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.
Limitation of Liability
www.WeatherBuffs.Com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if www.WeatherBuffs.Com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a www.WeatherBuffs.Com product is mistakenly listed at an incorrect price, www.WeatherBuffs.Com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. www.WeatherBuffs.Com 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, www.WeatherBuffs.Com shall issue a credit to your credit card account in the amount of the incorrect price.
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 www.WeatherBuffs.Com 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.
www.WeatherBuffs.Com 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 www.WeatherBuffs.Com.
Your use of this site shall be governed in all respects by the laws of the state of California, 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 www.WeatherBuffs.Com products) shall be in the state or federal courts located in Contra Costa County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of www.WeatherBuffs.Com products) must be commenced within one (1) year after the claim or cause of action arises. www.WeatherBuffs.Com'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. www.WeatherBuffs.Com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Selection of Preferred Carrier
Carrier for any offered delivery service in the USA or International may be selected by you and that selection preference, however, may be changed at our sole discretion given that the estimated time of delivery is similar to the one you chose and paid. If we choose to change from your selected preference, no additional moneys are due WeatherBuffs.com and no refunds in whole or part are due you. We reserve the right to make this unliateral decision for any reason, but the most common include remote delivery surcharges, recent delivery delays to a given area by a certain carrier, customs issues to a given area by a certain carrier, recent delivery failures to a given area by a certain carrier, faster delivery to a given area by a certain carrier and/or time of carrier pickup vs. time of package readiness for dispatch at our warehouse.
All international orders are by Air. No surface (boat) transport of any
item including Grandfather Clocks. At our sole discretion, we reserve
the right to refund your purchase and refuse to ship if remote
surcharges or unusually expensive rates and/or other fees, assessments
or surcharges apply. We will advise if this occurs, in writing.
Free Shipping or Free Freight are revocable offerings without exception or limitation. The orders that contain such may be canceled and fully refunded by WeatherBuffs.com without explanation, exception, liability or damages of any kind.
Approx 2-4 day Int'l Delivery is the estimate of all of the int'l services offered. Ground or Standard delivery in the USA, Canada or Protectorates or APO/FPO is estimated by the carriers at 5-7 days. Other air Expedited Service are generally estimated by the title of the service with the exception of USPS Express and Priority Mail which are 1-2 day and 2-3 day respectively, but not guaranteed by USPS. We make no claim, nor warranty for accomplishment of any estimated delivery time frame mentioned on this site for domestic or international shipments. In every instance where delivery time is referenced on this site, it is an estimate only.
No adjustment will me made for delivery delays affecting USA or Int'l deliveries due to circumstances of any kind or character that may occur once the package leaves our warehouse unless we are able to achieve concessions by the carrier. Amount of adjustment, if any, is at our sole discretion and is not subject to approval of any other party or entity of any kind or character. Because a claim will be involved in cases where we attempt to recoup all or a portion of the delivery charges in a failed or delayed delivery, please allow 4-6 weeks for processing of such refunds, if any occur at all.
Legality of Importing Items You Purchase from Us
We do not take responsibility for knowing whether this item is legal for you to import or use outside of the USA. It is your sole responsibility to know. If you do not know, contact your local government agency to determine before purchasing. Customs refusals are rare but can occur. Restocking fees apply to customs refusals and any other type of refusal. We ship all over the world and each country is different.
International addresses cannot be a PO Box. Address must be physical, street address including street number, street name, suite or apartment number (if applicable), city, province and postal code. Local phone number and email address are REQUIRED for international documentation.�
Duties, Fees, Taxes, VAT, Levies & Other Government Fees
Import taxes and duties, if any, are paid by you. We cover door-to-door freight to your address in this quote. We are not informed or knowledgeable of customs and/or import fees your country may impose. VAT, administrative fees, tariffs, levies or any other cost imposed upon you by your government's trade policies and/or fee structures are yours to bear.
Returns & Restocking Fees, if applicable
- No restocking fee on regular, non-promotion based purchases (items without free shipping or other incentives like free gifts)
- 10% or $9.95, whichever is more, if FREE Shipping or Discounted
Shipping has been applied to your purchase of a USA or Protectorates
destined small package (non-freight).
- 20% + $300 if FREE Shipping or Discounted
Shipping has been applied to your purchase of a USA or Protectorates
destined freight package.
- 35% + $350 restocking fee for International Freight.
- 20% restocking fee for all International Small Package Returns.
If you receive product that does not function, we will replace the "Dead on Arrival" (DOA) product or have the manufacturer replace it free of charge. In the event that you choose to return the product instead, rebuffing our offer to replace free of charge, you must pay return shipping and the product must be returned in "like new" re-sellable condition with a note written and enclosed by you that states that you could not get the unit to operate properly on its arrival. If, upon testing, we find the unit to be faulty, we will refund you the amount of the product only and not the outbound shipping, nor will we waive any restocking fee for free or discounted shipments because you rebuffed our offer of free replacement. If we find the unit to be in good working order and re-sellable, restocking fee applies.You must, for any return, acquire a Return Merchandise Authorization Number (RMA #) from us. Any items returned without this RMA # clearly written on the OUTSIDE of the package of any returned item will be discarded and no refund of any amount will be due. If you simply "refuse" delivery of an item, upon its return without an RMA #, it too shall be discarded and no refund of any amount will be due. Even if the package has been destroyed by the carrier and you can see the item is damaged, DO NOT refuse delivery as the carrier will want to examine the package to honor a claim. If you refuse a damaged package and the carrier refuses the insurance claim because you did not keep it for examination, NO REFUND will be due to you at all.
If you decide that an item is too large, too small, or undesirable for your use in any way, you are welcomed to return the item, given that it is returned in its original packaging and that the item and its packaging are complete and in like new condition including instruction manuals. If the item(s) need to be cleaned, reorganized, or repackaged (including exterior packaging of the item), deductions will be made by WeatherBuffs.com at the sole discretion of WeatherBuffs.com as your refund is calculated and issued.
All refunds will go "back the way they came" as credits to the method of payment you chose at purchase. After 90 days, however, the only cash refunds we will make will be via PayPal. We will not issue checks, nor shall we send cash in the mail, nor shall we acquire Cashiers Checks, Bank Drafts or any other type of refund method other than PayPal. If you do not have a PayPal account, you will need to establish one to reclaim refunds made that can no longer be credited to your credit card. All Wire Transfers are refunded through PayPal only. We will not "re-Wire" the money. For international transactions, all payments made are made in USD and all refunds will be made in USD. No compensation shall be due by WeatherBuffs.com if the exchange rate is different (plus or minus) at the time of refund versus the time of payment. Refunds made via PayPal for wires or credit card purchases after 90 days are subject to prevailing PayPal fees on your side of the transaction. We will not make compensatory adjustments for these fees, which are usually nominal.
We reserve the right to refuse service to anyone, including but not necessarily limited to cancellation and refund of non-shipped orders without exception, limitation, liability or penalty.
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 www.WeatherBuffs.Com 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.
The use of any coupon code on this site is subject to the review and subsequent authorization of WeatherBuffs.com. Its seeming acceptance or rejection by the automated shopping cart is but a tentative confirmation which is subject to review by WeatherBuffs.com. Although a completed purchase invoice and receipt may be automatically generated and delivered to the customer, apparently confirming a certain coupon discount, the order is subject to modification or rejection and refund by WeatherBuffs.com at the sole discretion and judgment of WeatherBuffs.com. In the event of such use, WeatherBuffs.com will notify customer of his/her options to complete or cancel the affected order(s).
www.WeatherBuffs.Com 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, www.WeatherBuffs.Com 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, www.WeatherBuffs.Com 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 www.WeatherBuffs.Com in its sole discretion.
You agree to indemnify, defend, and hold harmless www.WeatherBuffs.Com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service 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.
In an attempt to provide increased value to our visitors, www.WeatherBuffs.Com may link to sites operated by third parties. However, even if the third party is affiliated with www.WeatherBuffs.Com, www.WeatherBuffs.Com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of www.WeatherBuffs.Com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, www.WeatherBuffs.Com 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).