WHEN YOU SUBMIT AN ORDER TO PUMPTOYS YOU ARE ENTERING INTO A LEGAL AGREEMENT AND ACCEPT THE FOLLOWING TERMS OF SALE. (Last updated January 5, 2023)
In consideration for PSTech LLC/PumpToys (hereinafter referred to as PST) accepting your order, you agree to the following legal conditions:
Your purchase is subject to our Warranty, Disclaimer and Return Policy which by this reference is an included part of this TOS agreement. By agreeing to these conditions, you are accepting full responsibility for your use and possession of any product, service or information provided by PST, and releasing PST/PumpToys Et al from any liability for personal injury of any kind arising out of this purchase or use of products, and limiting your recourse to the value of the merchandise purchased as per the terms of warranty. You are affirming that you have read and agree to the entire Warranty, Disclaimer and Return Policy.
When placing your order, you agree that entering your name in the check-out process as the cardholder constitutes your legal electronic signature and confirmation of your intent to make payment with the card or system presented at the point of sale, and is as binding in the transaction as if it were your hand-written signature, and is your agreement accepting the TOS terms. At this point the merchandise you have purchased becomes your property, and PST is your agent, responsible for packing the merchandise securely and delivering the package to the carrier promptly, and if a track-able service is used, monitor the delivery process. If the order is placed with GSD insurance, PST will also be responsible for assuring safe delivery to your order address, in keeping with the terms of GSD Coverage.
You agree that our total obligation is to ship the merchandise you have ordered to the address you have provided, with the service class you have selected. You agree that the carrier for the service class you specify is your agent, authorized to pick up and transport your merchandise. You agree that the fulfillment point is the street or box address you provide. You agree that the point of delivery indicated by you as the shipping address is the final point of delivery and not that of a freight forwarding or international courier service. You agree that delivery to that address, confirmed and documented by USPS tracking information or other carrier documentation as appropriate, constitutes delivery to you personally just as if placed in your hands, and thereby constitutes fulfillment of the order. Once so delivered, no claim of loss is permitted, and you agree that you will make no such representation or claim or any false claim to the payment service or the delivering carrier.
You agree to abide by the current terms of Visa, Mastercard, PayPal or the payment service you have chosen as appropriate to your purchase. These terms may vary with your location and changes made from time to time by the service providers.
Should action by you for any reason, accident or otherwise, cause PST to incur an unjustified or unwarranted merchant chargeback when in fact your merchandise has been shipped and received or reflects delivered status, you agree to make compensation to PumpToys in the amount of $45.00 per chargeback instance.
You agree that if any conflict exists between the terms of the Payment Service used in your transaction and the terms in this Terms Of Sale document that no provision made by the terms of the Payment Service provider or declaration by said provider shall invalidate any provision or condition of this TOS agreement, and that the terms herein will take precedence and constitute the binding conditions of your purchase and payment.
