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Privacy Policy & Terms of Use
 

Privacy Policy & Terms of Use


This site is hosted by Yahoo! Store. Yahoo! hosts the store pages, ordering system, and order data. Yahoo! automatically collects order information but may only use this information in the aggregate. If you accessed this store through Yahoo! Shopping, Yahoo! also automatically collects information about your shopping experience. Please see the Yahoo! Privacy Policy for more information about how Yahoo! uses this information.

Privacy
Earthtech Products, Inc. respects your privacy. We will not under any circumstances sell or release your information to anyone except as outlined in our privacy policy. All of the information obtained from our web site will be used for processing purposes only i.e. if we ship your order direct from the manufacturer or a distributor, known as "drop shipping". Besides order processing we may offer "limited use" of your information to our distributors or manufacturers for contact purposes only in the event of a product recall or safety recall. The only e-mails you will receive from Earthtech Products, Inc. are updates to any recent orders and/or returns, product reviews and other offers. You can easily unsubscribe from any future emails. Again, we will NEVER sell your information.

Security
Security is our number one priority. This site is hosted by Yahoo! One of the most trusted names on the internet. Yahoo! hosts the store pages, ordering system, and order data. All on-line transactions are sent through Yahoo's secure server and encrypted with 128-bit technology. This site is also tested and certified daily to pass the HACKER SAFE Security Scan. Shop with confidence!

Safe Shopping Guarantee
Fair Credit Billing Act: We guarantee that every online transaction you make will be 100% safe. This means you pay nothing if unauthorized charges are made to your card as a result of shopping at our online store. Under the Fair Credit Billing Act, your bank cannot hold you liable for more than $50.00 for fraudulent charges. If your bank does hold you liable for any of this $50.00, we will cover the entire liability for you, up to the full $50.00. We will only cover this liability if the unauthorized use of your credit card resulted through no fault of your own from purchases made while using our secure server. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.

Payment Methods
• Visa
• Mastercard
• Discover
• American Express
• Earthtech Products Gift Certificate
• Pre-paid company check, personal check, cashier's check or money order (Note: Pre-paid methods, including cashier's checks, take slightly longer to process because all payments must first clear with the bank due to the risk of fraudulent checks.)

Sales Tax
Sales tax is only required for orders shipping within our resident states of business. Therefore all orders shipping within New York will be charged applicable sales tax according to your area's tax rate.

Duty Tax
Orders shipped to PR will have a 6.6% duty tax applied and a $5.00 handling surcharge. PR orders will default to FedEx's International Economy shipping method and shoppers will be charged accordingly at checkout. FedEx only offers 2Day or overnight services to HI and AK. If you have selected FedEx Saver as your preferred shipping option and attempt to checkout, the shipping method will default to 2Day and you will subsequently be charged accordingly. Exact delivery times to PR cannot be guaranteed.

Product Testing
Earthtech Products, Inc., like other e-tailers, ships items in the condition they were received from the original manufacturer/distributor. Earthtech Products, Inc. does not conduct product testing before shipping any merchandise.

Change orders
You may request a change to your order provided the order has not already been charged to your account. Please email info@earthtechproducts.com to request a change to your order. Please note your sales order (SO) or customer number for better assistance.


Back orders
Any items that are unavailable will be placed on back order. You will be contacted of the back order status via email. We try to ship complete to keep shipping costs down. Additional shipping costs will be added to your order when split shipping.


Cancel orders
You may request than an order be cancelled provided the order has not already been processed and shipped. Simply email info@earthtechproducts.com to request an order cancellation. You will receive a credit for the full amount to your credit/debit card in approximately 1-2 business days. If you request to cancel an order that has already shipped it will treated as a return subject to our return policy. If you request to cancel an order that has already shipped under a free shipping offer you will be charged actual shipping charges incurred by Earthtech Products to ship your order.


Processing Time
You can expect your order to be processed within approximately one to two "business" days, provided the items are in stock and there are no problems with the payment verification. Earthtech Products, Inc. does not guarantee same day shipping. Earthtech Products does not guarantee delivery dates or times. All shipping lead times are estimates. Orders will not be processed on weekends and holidays. Earthtech Products, Inc.’s store hours are M-F, 9-5pm EST. Orders are processed during store hours. Orders with standard shipping depart usually with in 48 hours. Orders will be received by the consumer using standard shipping, within 7 – 10 business days. Excluding weekends, early closures and holidays.

Resellers
We do currently have a reseller discount program available at this time. Please email us at info@earthtechproducts.com with all company information i.e.: company name, address, contact person, company phone number, and the products that you are interested in.

Product listings
Earthtech Products, Inc. strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labeled with an incorrect price due to some typographical, informational, technical or other error, Earthtech Products, Inc. shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from Earthtech Products, Inc. are provided as resources to customers looking for additional information and/or professional opinion. Earthtech Products, Inc. does not assume responsibility for the claims and/or representations made on these or any other websites.

Product Revisions
Earthtech Products, Inc. is not responsible for changes or variations in product specifications and/or physical appearance. In the interest of our customers, Earthtech Products, Inc. puts forth its best efforts to ensure that all product information is up-to-date and factual. Unfortunately there are varying determinates which, although infrequent, could cause the information on our website to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. Earthtech Products Inc. relies on the manufacturer to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. Consequently, Earthtech Products, Inc. will not be held responsible for product revision changes.

Earthtech Products, Inc. Purchase Agreement
By accepting delivery of any product delivered from Earthtech Products, Inc. ("Earthtech Products, Inc."), you ("Customer") agree to be bound by the terms and conditions listed below. You and Earthtech Products, Inc. agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and Earthtech Products, Inc. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. Price, specifications and terms of offers are subject to change without notice. Earthtech Products, Inc. not responsible for typographical and/or photographical errors. Retail products are accompanied by the original manufacturer warranty. Earthtech Products, Inc. does not offer any technical support or sales advice. Customer pays return shipping charges for all RMA services. Earthtech Products, Inc. reserves the right to refuse service to anyone. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from Earthtech Products, Inc. 1. EARTHTECH PRODUCTS, INC. SATISFACTION GUARANTEE Earthtech Products, Inc. offers our customers a 30-day satisfaction guarantee on all purchases unless otherwise indicated in product details.

To take advantage of Earthtech Products, Inc.’s satisfaction guarantee, the customer must comply with the Product Return Procedure detailed below. Any breach of Earthtech Products, Inc.’s Return Policy Procedure will result in the loss of Earthtech Products, Inc.'s refund/replacement guarantee. Furthermore, all return shipments not in compliance with these instructions will be rejected.

Product Return Policy & Procedure
• Earthtech Products, Inc. offers our customers a 30-day satisfaction guarantee refund on all purchases for purchase price less shipping fees. All merchandise unless otherwise indicated may be returned within 30 days from the original invoice date ( Date Delivered ) for a refund valued at purchase price less shipping fees. Customers must inform Earthtech Products, Inc. of any discrepancy within 30 days from the delivered date so that we may investigate and resolve the situation accordingly. A return authorization number is required for all returns. Earthtech Products, Inc. will not accept returns without prior authorization and a RMA number. Once issued, RMA numbers are valid for 10 days within which return products must be received by Earthtech Products, Inc.. RMA numbers will not be extended or reissued. These terms apply to all returns. Most products are shipped with a replacement guarantee unless otherwise noted in the product listing. To return a product in compliance with Earthtech Products, Inc.'s satisfaction guarantee, you must obtain a Return Merchandise Authorization ("RMA") number within the 30 day guarantee return period for the product (described above). All RMA requests must be filed online. Earthtech Products, Inc. will not accept returns without prior authorization and a RMA number. Customer should prominently display the RMA number(s) on the shipping label of boxes containing the returned product. Any damages incurred through shipping must be reported immediately, within 24 hours of receipt. Be sure to inspect all packages for damage before signing for the package. If damage is visible, reject the shipment, be sure the driver notes the damage and contact Earthtech Products as soon as possible. We will file a damage claim with the shipper and ship a replacement as soon as possible. If a product is received with manufacturer defects please contact Earthtech Products as soon as possible so we can contact the manufacturer. A replacement will be shipped to you under the respective manufacturers’ policy

• Customer is solely responsible for shipping any returned product to Earthtech Products, Inc. Customer agrees to use only reputable carriers capable of providing proof of delivery and insurance for the entire value of the shipment. Customer agrees to bear all shipping and insurance charges and all risk of loss for the return product during shipment. Customer agrees that all returned products will be 100% complete, unused in re-saleable condition, and will include the original undamaged packaging material, manuals, blank warranty cards, and other accessories provided by the manufacturer. If any component of the returned product is missing, or if the product has been used Earthtech Products, Inc. Return Procedure will be breached and Earthtech Products, Inc. may in its sole and absolute discretion reject the entire return or choose to impose additional charges against the customer for replacement of the missing component(s). If you return an order that has shipped to you under a free shipping offer you will be charged actual shipping charges incurred by Earthtech Products to ship your order. Earthtech Products, Inc. will not refund to Customer the original shipping charges.

Any wholesale, resale, trade or volume orders over $2000 in value or more than 10 items are not eligible for return & are covered by manufacturer warranty if applicable.

International Checkout Returns
All orders placed through International Checkout are final with the exception of items that have manufacturer defects. Please contact International Checkout at cs@internationalcheckout.com to see if your item is covered under a Manufacturer Warranty.

Physical Damage Policy
Physical damage to any product purchased at Earthtechproducts.com will effectively void our Return Policy & Warranty Coverage provided by manufacturer. Physical damage includes but is not limited to improper handling and/or any other type of damage sustained by irregular usage.



2. WARRANTIES;
ALL PRODUCTS SOLD "AS-IS" OR "WITH ALL FAULTS" EARTHTECH PRODUCTS, INC. IS A DISTRIBUTOR ONLY. PRODUCTS SOLD BY EARTHTECH PRODUCTS, INC. ARE NOT MANUFACTURED BY EARTHTECH PRODUCTS, INC. THE PRODUCTS MAY, HOWEVER, BE COVERED BY EACH MANUFACTURER'S WARRANTY, SERVICE, AND SUPPORT POLICY (IF PRESENT). EARTHTECH PRODUCTS, INC. ASSIGNS AND PASSES THROUGH TO THE CUSTOMER ANY WARRANTY OF THE MANUFACTURER, AND CUSTOMER ACKNOWLEDGES THAT IT SHALL HAVE RECOURSE ONLY UNDER SUCH WARRANTIES AND ONLY AS AGAINST THE MANUFACTURER OF THE PRODUCTS. EARTHTECH PRODUCTS, INC. MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. EARTHTECH PRODUCTS, INC. DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.

ALL ITEMS SOLD THROUGH EARTHTECH PRODUCTS, INC. ARE SOLD "AS-IS" OR "WITH ALL FAULTS." THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS WITH THE BUYER. SHOULD ANY OF THESE ITEMS PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT THE MANUFACTURER, DISTRIBUTOR, OR EARTHTECH PRODUCTS, INC., ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.

3. YEAR 2000 POLICY Customer's only recourse for any "Year 2000" issue is against the applicable manufacturer under its manufacturer warranty. Please contact the manufacturer to determine warranty coverage for "Year 2000" compliance problems. EarthTech Products, Inc. DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO "YEAR 2000" COMPLIANCE OF ANY PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARICULAR PURPOSE.

4. LIMITATION OF LIABILITY IN ALL CIRCUMSTANCES EARTHTECH PRODUCTS, INC.’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. EARTHTECH PRODUCTS, INC. SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. EARTHTECH PRODUCTS, INC. SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT EARTHTECH PRODUCTS, INC. HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

5. GENERAL TERMS AND CONDITIONS Payment Terms; Orders: An order is not binding upon Earthtech Products, Inc. until it is accepted; Earthtech Products, Inc. must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other method prearranged with Earthtech Products, Inc. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

Shipping Charges
Your total cost for purchase of any product will include shipping and handling charges shown on the Earthtech Products, Inc. invoice.

Title; Risk of Loss
Earthtech Products, Inc. will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) and risk of loss passes to the Customer upon delivery to the carrier. Earthtech Products, Inc. reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow Earthtech Products, Inc. to sign appropriate documents on Customer's behalf to permit Earthtech Products, Inc. to protect its purchase money security interest. Earthtech Products, Inc. will advise Customer of estimated shipping dates, but Earthtech Products, Inc. will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.

Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Earthtech Products, Inc. and Customer shall be governed by the laws of the State of New York, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Earthtech Products, Inc. and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of New York, Nassau County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Earthtech Products, Inc. that is more than one year after the date of the applicable invoice. Severability If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable New York law.

Waiver
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

Entire Agreement
These terms and conditions, together with Earthtech Products, Inc.'s invoice regarding the products ordered by Customer, are the complete and exclusive agreement between Earthtech Products, Inc. and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Earthtech Products, Inc. and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.

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