Updated Terms of Sale
WE APPRECIATE YOUR OVERWHELMING SUPPORT! SHIPPING IS CURRENTLY DELAYED 2-3 WEEKS DUE TO NATIONWIDE TRANSIT DELAYS. WE APOLOGIZE FOR THE INCONVENIENCE AND ARE WORKING OVERTIME TO GET YOUR ORDER TO YOU AS SOON AS POSSIBLE.
TERMS OF SALE
1. Application. These Consumer Terms of Sale (“Terms”) apply to all consumer purchases from THE HDTV SPOT and products, services or support (“Product”) in the United States.
2. Orders, Acceptance and Cancellation. As soon as an order is placed, it is immediately dispatched to our warehouse for fulfillment. As we incur irreversible fees during this process, any order cancelled before shipment will be subject to a 10% cancellation fee.
Cancellation requests after the order has been shipped will be subject to a restocking fee plus our shipping costs. This includes deliveries that are refused or undeliverable. Returned product must be undamaged in its original condition or a refund may be denied. If you suspect the television was damaged in transit, please open the box and inspect it with the delivery driver present. Not doing so will invalidate shipping damage claims.
THE HDTV SPOT reserves the right at any time, even after we send you a confirmation email, to decline or cancel your order or to limit order quantities for any reason, including errors or suspected fraud.
3. Pricing and Availability. Prices and promotions are subject to change. THE HDTV SPOT strives to communicate accurate pricing and product information, but errors may occur. In the unlikely event that an error impacts your order, or a Product ordered is no longer available, we will either contact you for instructions or cancel your order.
4. Products. All products offered are open box items. Most are new products with broken seals. Some may have been refurbished by the manufacturer. We test and inspect every item, so some may show signs of being handled.
5. Taxes and Fees. Unless you provide THE HDTV SPOT with a valid and correct tax exemption certificate, you are responsible for sales and other taxes associated with your order.
6. Shipping. Product title passes to you when the Product ships. You are responsible for inspecting the package(s) upon delivery and must note any visible damage on the proof of delivery (POD) or other delivery receipt the carrier asks you to sign. THE HDTV SPOT is not responsible for any visible shipping damages not noted on the delivery receipt.
7. All Sales are Final. Since our products are heavily discounted open box items, all sales are final. Orders that are undeliverable or refused will be charged a restocking fee to recuperate our shipping or delivery costs.
8. Damaged During Shipping. TV must be unboxed and inspected in the presence of the driver to qualify for damage claims. If your order was damaged in transit by the shipping company, please document and photograph damage to the product and the shipping box and packing material.
If you need to exchange it for the same item, please place a new order for a replacement while we process the shipping damage claim. Claims may take 1-2 weeks to process. Due to the high value nature of TVs, we cannot ship a second TV without prior approval.
Shipping damage must be noted at the time of receipt on your delivery confirmation. The order must be returned in its original box or packaging with all included accessories or the value of these items may be deducted from your claim. Warranty sticker and serial number tags must match or the claim will be void. Please photograph and document all damage (TV, box, packing) and email our team at firstname.lastname@example.org
Damage claim must be processed and approved before refunds are issued. Depending on where you live, the time it may take for your exchanged product to reach you, may vary. Refunds to credit card transactions are subject to processing times by our processor.
9. Receiving Warranty or Service Support. IT IS YOUR RESPONSIBILITY TO BACK UP ALL EXISTING DATA, SOFTWARE AND PROGRAMS BEFORE RECEIVING SERVICES OR SUPPORT (INCLUDING TELEPHONE SUPPORT). THE HDTV SPOT AND/OR YOUR THIRD-PARTY SERVICE PROVIDER WILL HAVE NO LIABILITY FOR LOSS OR RECOVERY OF DATA OR PROGRAMS, OR FOR LOSS OF USE OF SYSTEM(S) ARISING OUT OF THE SERVICES OR SUPPORT OR ANY ACT OR OMISSION, INCLUDING NEGLIGENCE, BY THE HDTV SPOT OR YOUR-THIRD-PARTY SERVICE PROVIDER. Parts used in repairing or servicing Product(s) may be new, equivalent-to-new, or reconditioned.
10. Telephone Communications. Telephone communications with us, our agents or independent contractors may be monitored and/or recorded. You expressly consent, on behalf of yourself and other users of your phone number, to such monitoring or recording. By providing us with a phone number (including mobile) as your contact number, you expressly authorize us to contact you on that number via text message or telephone, including via prerecorded or auto-dialed calls. This consent is for non-telemarketing calls only.
11. Limitation of Liability. In no event will THE HDTV SPOT be liable for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if THE HDTV SPOT has been advised of the possibility of such damages. YOU AGREE THAT THE HDTV SPOT’S LIABILITY IN ANY DISPUTE WILL BE CAPPED AT THE TOTAL AMOUNT YOU PAID FOR THE ORDER OR PRODUCT AT ISSUE. Some states do not allow limitation of certain damages, so these limitations may not apply to you. If you are a New Jersey resident, this provision will not apply to claims for damages caused by THE HDTV SPOT’s intentional, reckless or grossly negligent conduct.
12. Governing Law. THESE TERMS AND ANY DISPUTE BETWEEN YOU AND THE HDTV SPOT WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAW.