Terms of Use

Welcome to the EcoGear FX website (the “Site”). EcoGear FX, Inc. (“EcoGear”) provides services to you subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”). In addition, when you use any of our services (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change this Site and these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES THAT YOU HAVE READ AND AGREE TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT. YOU ALSO AGREE TO BE BOUND BY ALL THE BELOW TERMS AND CONDITIONS AND TO COMPLY WITH ALL APPLICABLE STORE POLICIES, INCLUDING TERMS OF SERVICE, SHIPPING CONDITIONS AND CUSTOMER PAYMENT AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

USE OF SITE

You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.

You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

Content provided on this site is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition or to ensure that you are well enough for physical activities. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect our opinions. Product representations expressed on this Site of products that are not manufactured by EcoGear are that of the vendor and are not made by us.

We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.

REVIEWS & COMMENTS

Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as nonconfidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.

In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false e mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.

INTELLECTUAL PROPERTY

All text, graphics, button icons, images, audio clips, and software (collectively, “Content”), belongs exclusively to EcoGear, or its affiliates, or is being used by EcoGear under license. The collection, arrangement, and assembly of all Content on this Site (the “Compilation”) belongs exclusively to EcoGear or its affiliates. All software used on this Site (the “Software”) is the property of EcoGear, its affiliates or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. ECOGEAR FX (& design), the ECOGEAR FX R (& design), and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of EcoGear, its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.

PRIVACY POLICY

Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices. Read our Privacy Policy.

RISK OF LOSS; USE OF ACCOUNT

The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier. If you use an EcoGear account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. EcoGear does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the EcoGear services only with involvement of a parent or guardian. EcoGear reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

TERMINATION & EFFECT OF TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

INTERNATIONAL ACCESS

This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.

DISCLAIMER AND LIMITATION OF LIABILITY

EXCEPT AS OTHERWISE SET FORTH ON THIS SITE, INCLUDING WITHOUT LIMITATION THE PRODUCT DESCRIPTIONS OF SPECIFIC PRODUCTS, THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN “AS IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.

TYPOGRAPHICAL ERRORS

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have 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 canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

LINKS

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.

COPYRIGHT COMPLAINTS

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement located at the bottom of this page.

REMEDIES

You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.

No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.

No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.

APPLICABLE LAW

This site is created and controlled by us in the State of California, USA. As such, the laws of the State of California will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.

DISPUTES

Any dispute relating in any way to your visit to the website or to the products you purchase from us shall be submitted to confidential arbitration in San Francisco, California, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever banned.

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

SERVERABILITY

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us and our affiliates and its affiliates that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

OUR ADDRESS

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:

EcoGear FX
7108 Katella Ave.
Unit 418
Stanton, CA 90680-2803

Terms and Conditions

RETURNS
EcoGear FX offers a 30 Day return policy on all its orders. EcoGear FX will not accept any return that is over 30 days from the point of purchase. All returns MUST be issued a RMA (Return Merchandise Authorization) to be considered a legitimate return. All requests for RMA’s must be submitted via email or online. The customer must reference their order number in the email.

The customer is responsible for all shipping charges for returning the items. All items returned must be unused and in 100% re-sellable condition. Once the items are returned and verified to be in good condition, we will refund the cost of the product to the customer’s credit card that was used to place the order. The customer will only be refunded for the price of the products returned unopened and in 100% re-sellable condition. EcoGear FX’s policy is to not refund the cost of shipping to the customer.

All returns MUST have the issued RMA number written clearly on the outside of every package. EcoGear FX will not accept returns on any special ordered products or custom built products.

Any returns that do not follow the EcoGear FX terms for returns are considered an unauthorized return. The customer understands that it is EcoGear FX decision to process the return and customer refund. There is no guarantee that we will process the return if the correct procedures were not followed. The customer will be responsible for any additional shipping fees if EcoGear FX has to reship the customer’s package(s).

In cases where the customer was shipped incorrect merchandise, defective merchandise or damage due to shipping, EcoGear FX may require the items to be shipped back. In these cases, EcoGear FX will arrange a shipper call tag. The shipper will make 3 attempts to pick up the merchandise. The customer is responsible to be available for the delivery driver to pick up the packages. If the shipper fails to pick up the call tag package(s), the responsibility will fall on the customer to ship back the incorrect, defective or damaged product to EcoGear FX. The shipper call tag will be issued for the address that the product was originally shipped to. If the correct pickup address differs from the original shipping address, the customer must give the new address at the time that they email EcoGear FX about the incorrect, defective or damaged product. Once the call tag has been issued, if any changes need to be made to the pickup information, the customer will be responsible for any additional shipper fees. EcoGear FX will only issue one set of 3 call tag pickup attempts.

In some cases where incorrect merchandise, defective merchandise or damaged due to shipping; EcoGear FX may require an image of the product issue or error. In most cases this is how a claim will happen. If EcoGear FX requests an image of the product issue or error, it responsibility falls on the customer to provide one. If the customer cannot provide one, a replacement item or refund may not be able to be processed.

REFUNDS
Refunds are issued once the damaged, returned or defective merchandise has been returned and inspected. It is not the policy of EcoGear FX to refund orders until they have been received at our returns facility. For the customer to be issued a refund, they must follow all the rules listed under “Returns”.
Some banks take 5-10 business days to post credits to accounts. Please allow this amount of time before contacting EcoGear FX and inquiring about the status of your refund. EcoGear FX will email you a receipt for the refund within 72 business hours of receipt of the returned merchandise.

ORDER CANCELLATIONS
EcoGear FX will only accept an order cancellation within 24 hours of placing the order. All order cancellation requests must be made via email. The customer must reference their order number in the email. We will respond to your request within 24 business hours. All order cancellations are subject to a 15% cancellation fee. Orders cannot be canceled after being processed, shipped and have left our facility.

DEFECTIVE / DAMAGED MERCHANDISE
EcoGear FX will replace any damaged or defective merchandise sent to the customer. The customer is responsible to inspect the merchandise received and respond to EcoGear FX 5 calendar days of receipt of the order.

All damaged and defective replacement requests must be made via email. The customer must reference their order number in the email and clearly list the products and type of damage or defectiveness. We will respond to your request within 24 business hours.

The customer may be responsible to repackage the damaged or defective merchandise. The customer may be emailed a UPS Label to ship the damaged product back to EcoGear FX.

In cases where the customer was shipped incorrect merchandise, defective merchandise or damage due to shipping, EcoGear FX may require the items to be shipped back. In these cases, EcoGear FX will arrange a shipper call tag. The shipper will make 3 attempts to pick up the merchandise. The customer is responsible to be available for the delivery driver to pick up the packages. If the shipper fails to pick up the call tag package(s), the responsibility will fall on the customer to ship back the incorrect, defective or damaged product to EcoGear FX. The shipper call tag will be issued for the address that the product was originally shipped to. If the correct pickup address differs from the original shipping address, the customer must give the new address at the time that they email EcoGear FX about the incorrect, defective or damaged product. Once the call tag has been issued, if any changes need to be made to the pickup information, the customer will be responsible for any additional shipper fees. EcoGear FX will only issue one set of 3 call tag pickup attempts.

In some cases where incorrect merchandise, defective merchandise or damaged due to shipping; EcoGear FX may require an image of the product issue or error. In most cases this is how a claim will happen. If EcoGear FX requests an image of the product issue or error, it responsibility falls on the customer to provide one. If the customer cannot provide one, a replacement item or refund may not be able to be processed.

In the event of defective or damaged merchandise, EcoGear FX reserves the right to replace said product with an item of equal or greater value.

PRODUCT WARRANTIES
Damaged or defective merchandise will be replaced with product of equal or greater value. For items with manufacturers warranties, the customer is responsible for registering their product and/or provide proof of purchase.

SHIPPING CONDITIONS
The customer will be responsible for any shipping fees assessed by the carrier after the product has shipped. The customer must notify us of any shipping address changes via email. Address changes are not guaranteed. A sales representative will contact you about making arrangements to pay the shipping fee. If your order was placed online, the card used to place the order will be charged the additional shipping charges.

It is the customer’s responsibility to be available for receipt of shipments. Generally, shippers will make three attempts to deliver a package before holding it at the local terminal for pickup. In most instances, they will hold the package for five days before sending it back to EcoGear FX as undeliverable. All undeliverable shipments are subject to a 25% restocking fee. The customer will be responsible for any additional shipping charges to reship the product out that was returned as undeliverable.

All refused shipments are subject to a 25% restocking fee and the customer is responsible for all shipping fees.

When your order ships, a tracking information email will be sent to the email on file.  Shipping tracking information is not guaranteed to be correct.

The customer understands that they will be responsible for any shipping charges due to shipping damage if they do not report the damage to EcoGear FX within 72 business hours. The customer must contact us and list in detail the order number, and type(s) of damage.

EcoGear FX is not responsible for any delays in shipments and increased transit times. Transit dates and times are provided by the shipper and are not guaranteed by EcoGear FX. Delivery dates and times may be increased during seasonal peak times, weather conditions, natural or man-made disasters and acts of God. Under no circumstance are these delays grounds for an order being cancelled with EcoGear FX.

FREIGHT SHIPMENT CONDITIONS
Freight shipments are subject to all the above conditions under “Shipping Conditions”.

All freight shipments are shipped via a common freight carrier. All shipments are shipped dock-to-dock unless otherwise requested. If any special services are required, the customer must inform EcoGear FX at the time of placing the order or be subject to additional freight fees. Special services such as lift gate service, inside delivery, residential freight shipments or appointments necessary may be an additional cost to the customer after checkout. The customer understands that any additional services that are required after the product has shipped are completely the responsibility of the customer to pay.

The customer understands that they must also be able to receive the shipment when it’s delivered. Freight companies charge a minimum of $125.00 fee if they are required to attempt a re-delivery if the shipment was unable to be received and no one was there the receive the order. If the customer cannot receive the shipment for over 1 day, freight companies charge $50.00 per day to store each pallet that was unable to be delivered. The customer understands that they are responsible to pay any of these additional fees if they do not abide by the rules listed herein.

SHIPPING TO A DISASTER ZONE
The customer understands that EcoGear FX will not be held responsible for any shipping delays when shipping into a known disaster zone. By placing an order, the customer agrees that they have contacted the shipper and are aware of any delays that might incur do to events in the destination region.

COLLECT FREIGHT SHIPMENTS
EcoGear FX does offer freight collect shipping on the customers UPS or FedEx accounts. The order must qualify for this condition and it is up to the discretion of EcoGear FX to allow the order to be shipped collect. A Freight Collect Authorization Form must be filled out and on file with EcoGear FX for any freight collect shipments. Any requests must be made via email.

EcoGear FX will call and verify that the customer’s UPS or FedEx account number is active and current. If the account fails to show active or current, or if there has been fraudulent transactions on the account, EcoGear FX will not ship collect on the account.

All collect freight shipments are subject to a $5.50 handling fee per box shipped and a $40.00 handling fee per pallet if the shipment was sent via common freight carrier.
The customer understands that they will be financially responsible for any freight carrier chargebacks due to the customer failing to authorize the shipment or failing to pay the freight carrier. The customer must fill out and return the collect freight authorization form prior to the shipment leaving our location.

All freight collect shipments are subject to out handling charges below. Handling charges will be charged to the same credit card used in placing your order or for purchase order shipments, the customer will be billed for any associated handling charges. The customer understands they are responsible to pay all associated handling charges.

PRODUCT CHANGES
Product descriptions, pictures and specifications are an approximate and are for general guidance only as some products are constantly being updated. EcoGear FX does its best to keep up with all the changes to descriptions, product colors, etc. Pictures are a general display for the listed product and EcoGear FX does not guarantee that you will receive the exact product that is pictured. EcoGear FX is not responsible for any color changes to products or minor text discrepancies that do not lower the value of the product.

ORDER FULFILLMENT
EcoGear FX prides itself with fast turnaround times on orders. During high peak times and seasonal peaks, our lead times may slow down a little due to the high volume of orders received. All orders will be filled in the order received. EcoGear FX does not guarantee any lead time on fulfillment.

On larger orders the lead times may increase if the order includes custom kits, large amounts of back orders or kits that require items to be shipped to our facility to be assembled. The customer may request a specific lead time. EcoGear FX does not guarantee any lead time on fulfillment and all lead times are an approximate estimate.

BACK ORDERS
EcoGear FX strives to keep all products in stock at all times. At times though, there may be items that are not currently in stock. If your order contains an item that is on back order, you will be shipped all the products that EcoGear FX currently has in stock. Once all the backordered items have come in, the customer will then receive a second shipment with the full remainder of products that were on backorder.

DISCONTINUED ITEMS
In the event where a customer orders a higher quantity of an item we have in stock, and we cannot fulfill the remainder of the order due to the item being discontinued, EcoGear FX will refund the amount for the number of items it was unable to fulfill. EcoGear FX will also refund the percentage of tax and shipping based on the number of items that we were unable to fulfill.

CUSTOMER PRODUCT RESPONSIBILITY
By placing an order with EcoGear FX, the customer assumes the responsibility to have or to gain the knowledge of how to use the product. It is the customer’s responsibility to follow any instructions, manuals or procedures for said product. EcoGear FX is not responsible for any product malfunctions, damage to self or property made by any product ordered.

CUSTOMER PAYMENT AGREEMENT
Acceptable forms of payment include Visa and MasterCard. Company check is allowed for wholesale orders. It is the customer’s responsibility to make sure they have sufficient funds on the credit card used for purchase prior to the placement of the order. The customer is responsible the keep track of their purchase and check the bank statement for correct charges. EcoGear FX will make attempts to rerun any declined credit cards for 30 days after the date of purchase. The customer may be responsible for any processing fees associated with the attempts to gain funds for goods purchased on a declined credit card. Reprocessing fees run $10.00 for every attempt to charge a declined credit card.

In the event that the customer initiates a credit transaction chargeback that results in a debit to our account, the customer understands that EcoGear FX will attempt to recollect funds from the original form of payment plus a $35.00 chargeback processing fee. In the event that funds are unable to be retrieved, the customer understands that all documentation and charges will be issued to a debt collection agency. In addition, any uncollected transactions will be reported to Experian, Trans-Union and Equifax credit agencies.

It is the customer’s responsibility to make sure they have sufficient funds within their bank account to cover any checks written to EcoGear FX. The customer understands that they will be responsible to pay any funds owed on returned checks marked as NSF (Non-Sufficient Funds) from the bank plus a $50.00 returned check fee. In the event that the customer refuses to make restorations of payment or is unreachable, the customer understands that all documentation and charges will be issued to a debt collection agency. In addition, any uncollected transactions will be reported to Experian, Trans-Union and Equifax credit agencies.

OVERSIZED / OVERWEIGHT ITEMS
Some of the items that EcoGear FX sells might be considered either oversized or overweight by UPS’s shipping standards. Any single item that is over 74lbs. or combined length and girth exceeds 84 inches is considered an oversized / overweight item by UPS. EcoGear FX is set up to charge extra costs to cover the associated costs with shipping these items. This may result in more than one shipping charge at checkout. This is not an error, but how the system calculates the correct costs of shipping.

The customer understands that they are responsible for the entire amount of shipping. The customer will only be charged for the actual shipping costs that EcoGear FX is charged by the carrier. The customer’s form of payment that was used to place the order will be charged the amount of the difference. If the form of payment is declined or unusable, a representative from EcoGear FX will contact the customer to make other arrangements for payment. The customer’s order will be held until arrangements for payment have been made.

HANDLING CHARGES
EcoGear FX prides itself on packaging our items for shipping. Most products are packed in boxes with packing material on each side. We want your shipment to get to you without any issues and damage. Because we take the extra step in packing your order, there are handling charges that are associated with your shipment. The website factors all handling charges into the cost of shipping your items. Handling charges can range from $2.50 per order to $25.00 per pallet. Handling charges vary based on what the customer is ordering.

CUSTOM PRODUCTS AND ORDERS
EcoGear FX does accept custom orders and all custom orders require a deposit at the time of order. In most cases, the deposit required will be 50% down but the amount is subject to EcoGear FX s’ decision. All deposits are NON-REFUNDABLE.

EcoGear FX will not accept returns on custom products or orders. The customer understands that once they have placed the order, they cannot cancel the order.

Because of the nature of custom orders, they do not fall under the normal lead times listed under “Order Fulfillment”. General lead times on custom orders run between 4-6 weeks but depend completely on the quantities ordered. Many custom orders are manufactured and shipped from China or other overseas factories.

WILL CALLS / STORE PICKUPS
EcoGear FX does allow for will calls. The customer will be notified of when the order will be ready for pickup. The customer has 15 days from the notification to pick up the order. Failure to do so may result in a 1.5% storage fee every month after the initial 15 days. Any will call that has not been picked up 60 days from the date of notification is subject to being cancelled and being charged a 25% restocking fee.

REQUESTS FOR QUOTES
EcoGear FX can provide you with a quote for volume pricing. All quotes expire 30 days from the date it was issued. Prices and specifications are subject to change without notice.

All requests should contain the following information:
1. Customer Information
2. Complete Shipping Address
3. Item Numbers and Descriptions
4. Desired Quantities
5. Requested Shipping Method
6. Preferred Form of Response

PURCHASE ORDERS
EcoGear FX does accept purchase orders as a form of placing an order. It is the customer’s responsibility to make sure that all information, product names, prices and product codes are correct prior to placing the purchase order. All purchase orders that are accepted to receive payment terms must abide by the rules listed under “Payment Terms”.

Not all purchase orders will be automatically accepted for payment terms. Due to lack of credit information, years of operation or lack of customer purchase history; you may be required to send a form of payment prior to the order shipping. In such cases, a representative from EcoGear FX will contact the purchasing department listed on the purchase order to make other arrangements for payment.

Purchase Orders cannot be cancelled without the approval of EcoGear FX management. The customer understands that by placing a purchase order with EcoGear FX, they are guaranteeing the purchase and payment of said listed goods. The customer also understands that they are responsible to make all payments in a timely fashion.

PAYMENT TERMS
EcoGear FX does offer net payment terms on purchase orders. It is the discretion of EcoGear FX on what customers qualify for net payment terms. The customer may be required to fill out a credit application and list of references before being approved for credit terms. Some banks require a fee for releasing companies’ credit information. It is EcoGear FXs’ policy to not pay for credit application bank processing fees.

Payment not received by the due date listed on the invoice will result in an additional charge of 1.5% per month. In addition, the customer is responsible for any costs of collection including reasonable attorney’s fees incurred in the collection process.

The customer will be notified when the items ordered are ready to be shipped. Once notified, the invoice will be due and payable within the payment terms indicated. If the customer causes delay in shipping after notification, invoice will remain due and payable in full within the payment terms indicated on the invoice.

Once customer is notified that goods are ready to be shipped, customer must make provisions for the receipt of goods within 10 days of notification. If delivery is delayed by customer beyond 10 days from notification, customer will be charged storage fees in the amount of 1.5% per month of the invoice amount of any undelivered goods.

DEPOSITS
All deposits are NON-REFUNDABLE.

Custom orders and special ordered items require a deposit upon placing the order. The customer understands that by either sending a purchase order or signing a quote, they are committing to placing the order for the goods listed and understand that once they have placed the order, it cannot be canceled.

A deposit will only be returned if EcoGear FX is unable to fulfill the order due to discontinued items. The customer understands that deposits will not be returned if the approximate delivery lead times are extended or delayed due to reasons out of EcoGear FXs’ control.

DISCOUNT CODES
EcoGear FX does offer promotions from time to time that do include, but are not limited to, discount codes. It is the customer’s responsibility to make sure they have entered the discount code correctly upon checkout. If the code was entered incorrectly, it is the customers’ responsibility to fix it before final checkout.

It is up to the discretion of EcoGear FX to adjust you order after check out due to customer error when either forgetting to enter a discount code or incorrectly entering it upon checkout. There is no guarantee that EcoGear FX will adjust the total of a transaction after the card has been charged if customer error was involved.

INTELLECTUAL PROPERTY (Trademarks & Copyrights)
EcoGear FX is intellectual property of EcoGear FX, Inc. Use of EcoGear FX, Inc. trademarks as displayed on this site or on any company material without prior written authorization from EcoGear FX, Inc is a violation of EcoGear FX, Inc. trademark protection. EcoGear FX, Inc. will pursue any persons which have used this intellectual property without written permission and will prosecute to the fullest extent of the law.

Unless otherwise specified, all materials appearing on this site, including the text, page design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement are the property of EcoGear FX, Inc. The use of any of trademarks without written consent is strictly prohibited. All other trademarks or service marks are property of their respective owners.

CUSTOMER AGREEMENT / LIMITATION OF LIABILITY
EcoGear FX reserves the right to change our Terms and Conditions at any time by posting the changes on www.ecogearfx.com. Any changes made are effective immediately upon posting to the website. Any future use to this website constitutes the customer’s agreement to all updated terms and conditions. All orders placed on www.ecogearfx.com or through EcoGear FX directly are subject to all terms and conditions listed within this page.

The purchaser agrees to pay the total purchase price as advertised and/or specified on our website, on all our invoices. All invoices are due and payable as clearly stated on the invoice payment terms section. The purchaser understands that they are liable for any fines, interest, penalties, reasonable attorney fees, collection fees, taxes or other expenses incurred by EcoGear FX as a result or failure to pay agreed upon terms, declined credit cards, credit card charge backs, NSF (Not Sufficient Funds) bank checks and any other forms of payment that are declined or refused in any way. The purchaser agrees to pay interest on your outstanding balance due at a rate of 1.5% interest per month (18% annually) for every day where payment is past due. The purchaser further agrees to pay a $50.00 processing fee for any returned NSF bank check or cancelled bank check.

All parties using this website for informational purposes or the purpose of placing an order agree to be legally bound by all our stated policies, procedures, terms and conditions in its entirely. EcoGear FX reserves the right to cancel any order at its discretion. EcoGear FX reserves the right to restrict any parties from ordering from this website if we have reason to believe you have not complied with any of the terms and conditions herein listed. EcoGear FX reserves the right to refuse to accept any order due to suspicion of fraud or illegal activity. In addition, we reserve the right to cancel any order or part of an order, or to refuse service to anyone for any reason.

Under no circumstances shall EcoGear FX, Inc. or any other party involved in the creation, production or distribution of this store be liable for any direct, indirect, incidental or consequential damages for loss of profits, good will, use, data, information or other intangible losses that result from the use or inability of use of this store, the cost of procurement of substitute goods and services received or transactions entered into through or from the service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party on this site/store; or any other matter relating to the service. You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through the site/store.