PLEASE READ THESE TERMS AND CONDITIONS OF SALE VERY CAREFULLY.
THE TERMS AND CONDITIONS OF SALE ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.
BY ACCEPTING DELIVERY OF THE PRODUCTS AND SERVICES DESCRIBED IN TopDealzMart' INVOICE OR OTHER TopDealzMart DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE UNLESS CUSTOMER AND TopDealzMart HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.
Important Information About These Terms and Conditions of Sale
These terms and conditions of sale constitute a binding contract between Customer and TopDealzMart. Customer accepts these terms and conditions of sale by making a purchase, placing an order or otherwise shopping on 'TopDealzMart' Website (the "www.topdealzmart.com"). These terms and conditions of sale are subject to change without prior notice, except that the terms and conditions of sale posted on the Site at the time Customer initially places or modifies an order will govern the order in question.
These terms and conditions of sale constitute the entire agreement between Customer and TopDealzMart relating to the terms and conditions of sale of products and services on the Site. All sales are retail and not for resale. Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting TopDealzMart at the address provided below.
Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the terms and conditions of sale contained herein and in TopDealzMart's invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these terms and conditions of sale or any purchase order or invoice related thereto.
THESE TERMS AND CONDITIONS OF SALE AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF GEORGIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT IN FULTON COUNTY, GEORGIA AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN FULTON COUNTY, GEORGIA AND SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING.
Risk of Loss
If Customer provides TopDealzMart with Customer's carrier account number or selects a carrier other than a carrier that regularly ships for TopDealzMart, title to products and risk of loss or damage during shipment passes from TopDealzMart to Customer upon shipment from TopDealzMart's facility. For all other shipments, title to products and risk of loss or damage during shipment passes from TopDealzMart to Customer upon receipt by Customer. Title to software will remain with the applicable licensor(s). TopDealzMart retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.
If this transaction involves an export under the Export Administration Regulations, the commodities, technology and/or software sold or distributed under these terms and conditions of sale exported from the United States by TopDealzMart were exported in accordance with the Export Administration Regulations. Diversion, use, export or re-export contrary to United States law is prohibited. The commodities, technology and/or software sold or distributed under these terms and conditions of sale may not be exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan, North Korea or Syria or to entities and persons that are ineligible under United States law to receive United States commodities, technology and/or software. In addition, manufacturers' warranties for exported products may vary or may be null and void for products exported outside the United States.
Customer understands that TopDealzMart is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not TopDealzMart. In purchasing the products, Customer is relying on the manufacturer's specifications only and is not relying on any statements, specifications in brochures, photographs or other illustrations representing the products that may be provided by TopDealzMart. In connection with services, neither affiliates of TopDealzMart nor third party service providers are agents of TopDealzMart and TopDealzMart has no obligation or liability arising from any services performed by or any warranty, if any, made by, such service providers. TopDealzMart AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED BY THIRD PARTIES OR AFFILIATES OF TopDealzMart, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Pricing Information; Availability Disclaimer
All pricing is subject to change. TopDealzMart reserves the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, TopDealzMart cannot guarantee that it will be able to fulfill Customer's orders.
Limitation of Liability
NEITHER TopDealzMart NOR ITS AFFILIATES WILL BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. NEITHER TopDealzMart NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE OR THE PROVISION OF SERVICES BY THIRD PARTIES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES PROVIDED DIRECTLY BY TopDealzMart OR ITS AFFILIATES, NEITHER TopDealzMart NOR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM.
TopDealzMart will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.
Third Party Services
Customer acknowledges and agrees that, in some instances, TopDealzMart and their affiliates are resellers of services and are not the provider of those services. In those cases, the third party service provider is the only party responsible for providing services to Customer. In those cases, Customer will look solely to the third party service provider for any loss, claims or damages arising from or relating to the purchase or provision of such services. Customer hereby releases TopDealzMart and their affiliates from any and all claims arising from or relating to the purchase or provision of any such services by third party service providers. Services may be subject to tax. All amounts, including taxes, associated with third party services are being collected by TopDealzMart on behalf of Swamip LLC solely in the capacity as an independent sales agent.
Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to the products or services sold pursuant to these terms and conditions of sale, the interpretation or application of these terms and conditions of sale or the breach, termination or validity thereof, the relationships which result from these terms and conditions of sale (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto), or TopDealzMart's advertising and marketing (collectively, a "Claim") WILL BE RESOLVED, UPON THE ELECTION OF TopDealzMart, CUSTOMER OR THIRD PARTIES INVOLVED, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association, with offices in Tampa, FL. If arbitration is chosen by any party with respect to a Claim, neither TopDealzMart nor Customer will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties. Further, Customer will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these terms and conditions of sale, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. 1-16). The arbitration will take place in Tampa, FL. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to TopDealzMart arising out of sales hereunder will be exclusively litigated in court rather than through arbitration.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon TopDealzMart unless accepted (credit card transactions processed on the site DO NOT constitute acceptance of an order.) by TopDealzMart and we reserve the right to cancel any order for any reason. Terms of payment are within TopDealzMart' sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. TopDealzMart may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the lower of one and one-half percent (1 1/2%) per month or at the highest rate allowed by law. Customer is responsible for, and will indemnify and hold TopDealzMart harmless from, any applicable sales, use or other taxes associated with the order. Customer must claim any exemption from tax at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable tax is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of TopDealzMart' costs of collection, including court costs, filing fees and attorney's fees. All payments by Paypal or wire transfer must be completed within 24 hours of sale. If an order is not paid within the 24 hour window the order will become null and void.
Price Comparisons, "Original Price" and "Your Savings".
Price comparisons may be made throughout the site to indicate the relative savings amounts of our pricing. "Original Price" is the suggested retail price provided to us by our suppliers. We make no representation that a substantial number of these products have been sold or offered for sale at the original price. Actual retail prices in your area may be substantially different. Because we sell our merchandise over the internet on a national basis, it is not possible to know if our merchandise is sold at the original price in any particular location or at any particular time. "YOUR SAVINGS" reflects the difference between our price and the supplier provided original price shown on our sites. Because the original price may be different than the actual retail prices in your area, you may not actually realize a savings of this amount and may want to make an exact comparison for yourself by checking the prices of other internet or local retailers prior to making a purchase.
Consent to Collection, Use & Disclosure of Your Personal Information.
While TopDealzMart.COM takes reasonable steps to safeguard and to prevent unauthorized access to your personally identifiable information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information, including but not limited to your personally identifiable information. IN NO EVENT SHALL TopDealzMart.COM OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER COMPENSATORY, CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER TopDealzMart.COM WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
Consent To Our Communication With You By E-Mail.
By making a purchase through our Site, you grant permission for TopDealzMart.COM to contact you at your e-mail address. To opt-out of our marketing emails, use the following link to
Conditions of Sale and Payment Terms.
To purchase any goods and/or services on our Site, you must be at least eighteen (18) years of age or the applicable state age of majority or be the authorized representative of a corporation, limited liability company, partnership, or other legal entity. Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final ,subject to the Return Policy defined more in this website.
Ground Service is usually delivered within 7-10 business days after shipping from our warehouse. All orders require 3-5 business days for processing before shipping from our warehouse. Business days do not include holidays and weekends. TopDealzMart is not responsible for carrier delays.
2-Day Service is usually delivered 2 business days after shipping from our warehouse. All orders require 1-2 business days for processing before shipping from our warehouse. Business days do not include holidays and weekends. TopDealzMart is not responsible for carrier delays.
Returns Must Meet ALL Applicable Criteria
If your returned product does not match the return criteria below, or does not match the condition, description, or details of your RMA request, it will be rejected by our Returns Warehouse and returned to you. Consequently, your right to request an RMA will be nullified, any credit request will be denied, replacement orders will not be made, and you will be charged for all shipping fees incurred by TopDealzMart. By requesting an RMA and/or shipping a return in violation of this policy, you hereby agree to accept our shipment of the product back to you and to the payment of all shipping costs to and from our Returns Warehouse. Our arrangements with suppliers and manufacturers allow us no room to make exceptions.
All returns must include the following:
Original packaging (manufacturer's box, Styrofoam, plastic bags, etc.)
Original, intact UPC barcode and serial number (where applicable).
Do not cut out the UPC code until you have examined and tested the product to your satisfaction. Removal of the UPC code or serial voids any possibility of return regardless of RMA or credit request status.
Valid Return Merchandise Authorization number (RMA) printed on the shipping label.
The RMA number must not be written on the original manufacturer's packaging or box. Please write the RMA number on the label used to return the item. Items received with any writing on the original manufacturer's packaging or box will be refused and returned to you at your expense.
Original packing slip.
Do not mail or dispose of the packing slip until you have examined and tested the product to your satisfaction.
The return must be complete and include all accessories in like-new condition (transformers, antennas, remote controls, batteries, software disks, cables, chargers, etc.)
Manufacturer documentation (manuals, warranty cards, registration information, etc.)
Basic Return Policy
Unless otherwise stated below, you have 30 days from the date of your order delivery to obtain a valid RMA from our website. Once an RMA is issued you have 14 days to return the product to us. RMAs must be valid, unexpired, and issued for the product being returned. Only one RMA is issued per product. Once the RMA expires, you may no longer be eligible to return your product.
If you are ineligible for an RMA, please contact the manufacturer directly or check any applicable warranty you might have for other potential return opportunities. Note that we have no control over the policies of the manufacturer or other entities related to your product, and thus cannot guarantee their return policies.
Upon our acceptance of the merchandise in like-new condition, and in strict conformance with the basic criteria and basic returns policy listed above, the purchase price will be credited back to the purchaser for the original purchase in accordance with the payment method used for purchase. Please allow up to 14 days from shipment for your return to arrive at our Returns Warehouse.
Note: Delivery times vary based on shipper selected. Your return will be processed within 5-7 business days (excluding Saturdays, Sundays, and holidays) after receipt of the item.
The risk of loss for the product being returned shall be with the purchaser at all times during the shipment of such product to the returns center and with respect to any shipments from the returns center back to you.
There are a small number of custom order products that are not returnable to TopDealzMart under any circumstance which must be returned directly to the manufacturer for any warranty service. These products are clearly labeled as non-returnable in the product description.
Returned Items Refund Policy
Orders returned complete in New Condition with all packaging and item materials and manuals that can be resold as new are refunded. Shipping and processing charges apply. Restocking charges may apply on an item by item basis.
Orders returned missing some of the order items, but the portion returned is still re-sellable are partially refunded. Shipping and processing charges apply.
Orders returned in user damaged condition or without all items, packaging, item materials and manuals that cannot be resold are refused and returned to the purchaser. If a customer refuses delivery of the returned item, the item is disposed of by the shipping carrier, but the customer is still charged for that item and will not be entitled to a refund.
Orders returned with a DOA (defective on arrival) product in complete, New Condition, with all packaging and item materials and manuals, are refunded in full. This policy and any type of warranty, express or implied, will be nullified if the product is modified or if the chassis broken open, repaired or tampered with in any way.
TopDealzMart reserves the right to test the returned DOA product. If the condition of the product is misrepresented by the customer, then the normal return policy terms listed above apply.
We reserve the right to notify customers and cancel the sale for any reason. We shall not be held liable for any such cancellation and/or closure.
Returns and adjustments to methods of payment may take 10-14 business days after the return is authorized. Returned product must have an RMA number written on the shipping label.
All products must be returned with all original manufacturer boxes with the UPC code and packing materials, all manuals, blank warranty cards, accessories and any other documentation included with the original shipment. RMA approval is contingent upon, among other things, the products being 100% complete.
Customer is responsible for shipping charges to TopDealzMart' distribution center for all products being shipped for return, exchange or replacement. Products exchanged or replaced will be shipped by TopDealzMart to Customer, at TopDealzMart' expense, using the same shipping method as was used by Customer to ship the original products back to TopDealzMart.
Customer is responsible for all risk of loss and damage to products being shipped for return, exchange or replacement. TopDealzMart is not responsible for any loss or damage that occurs to products shipped for return, exchange, or replacement. Please fully insure return shipment in case of loss or damage. Please use a carrier that is able to provide you with proof of delivery such as UPS, Federal Express or Airborne Express. This is for your protection as well as to ensure quick action on your return.
Manufacturer Contact Information can be found using the following link.
When contacting the manufacturer, please be prepared to provide the following information:
- Date of purchase
- Serial number
- Manufacturer Part Number
If you have any questions about this Agreement, please contact us filling this Contact US form.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.