HornBlasters.com Terms, & Conditions
HornBlasters Satisfaction Guarantee
Hornblasters ("HornBlasters.com", "HornBlasters Inc.") is dedicated to ensuring you ("Customer") are 100% happy with your purchase. Most products are shipped with a refund/replacement guarantee period unless otherwise noted in the product listing. All merchandise unless otherwise indicated may be returned within 30 days from the shipment arrival date for a refund.
A Returned Merchandise Authorization (RMA) number is required for all returns. All returns are subject up to a 15% Restocking Fee. Customers are required to pay return shipping charges. Shipping charges are non-refundable. No refunds will be made after 30 days.
Additional deductions may be made to reflect the products current market value. These terms apply to all refunds. Customers must inform HornBlasters of any order discrepancy within 7 days from the invoice date so that we may investigate and resolve the situation accordingly.
All orders over $200 being shipped UPS, will require a signature for delivery!
HornBlasters will not cross-ship returned merchandise.
Physical Damage Policy:
Physical damage to any product purchased at HornBlasters.com will effectively void warranty coverage. Physical damage includes but is not limited to improper handling and/or any other type of damage sustained by irregular usage.
You can expect your order to be processed within approximately 24-48 hours, provided the items are in stock and there are no problems with payment verification. HornBlasters does not guarantee same day shipping. Orders are not processed on weekends and holidays.
By accepting delivery of any product delivered from HornBlasters, you agree to be bound by the terms and conditions listed below. You and HornBlasters.com agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and HornBlasters.com. 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. In addition, these terms and conditions are subject to change at any time, without prior written notice. Please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from HornBlasters
Your total cost for purchase of any product will include shipping and handling charges shown on the HornBlasters.com invoice.
Risk of Loss:
HornBlasters 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) -- excepting software-- and risk of loss passes to the Customer upon delivery to the carrier. HornBlasters reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow HornBlasters to sign appropriate documents on Customer’s behalf to permit HornBlasters to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. Customer agrees to be bound by any software license agreement once the seal on the package is broken. HornBlasters will advise Customer of estimated shipping dates, but HornBlasters 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.
HORNBLASTERS WARRANTY POLICY
All products sold "As-Is" or "With All Faults"
Hornblasters 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. Hornblasters makes no representation or expresses warranty concerning the product except those stated in this document. Hornblasters 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.
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 Hornblasters, assume the entire cost of all necessary servicing or repair.
Limitation of Liability
In all circumstances, Hornblasters maximum liability is limited to the purchase price of the products sold. Hornblasters 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. Hornblasters 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 Hornblasters has been made aware of the possibility of such claims or damages.
HornBlasters strives to ensure our Customers personal information is protected and is only used to provide the best shopping and customer service experience as possible. It is important to us that our customers be fully informed on what personal data is collected and how it is used.
WHAT DATA WE COLLECT:
Personal Data is any information that relates to an identified or identifiable individual. The Personal Data that you provide directly to us will be apparent from the context in which you provide the data. In particular:
- When you order or register an account with us we collect your full name, email address, phone number and account log-in credentials.
- When you fill out our online form to contact us, we collect your full name, email, country, and any other information you choose to include in your message.
- When you respond to HornBlasters emails or surveys we collect your email address, name and any other information you choose to include in the body of your email or responses.
- If you contact us by phone, we will collect the phone number you use to call HornBlasters. If you contact us by phone representing a business, we may collect additional information in order to verify your identity.
- If you are an Authorized Dealer, you will provide your contact details, such as name, postal address, telephone number, and email address. As part of your business relationship with us, we may also receive financial and personal information about you, such as your date of birth and government identifiers associated with you and your organization (such as your social security number, tax number, or Employer Identification Number).
- If you are a Customer, when you conduct transactions through our website, we will receive your transaction information. Depending on how the customer implements our services, we may receive this information directly from you or third parties. The information that we collect will include payment method information (such as credit or debit card number, or bank account information), purchase amount, date of purchase, and payment method. Different payment methods may require the collection of different categories of information.
- When we conduct fraud monitoring, prevention and detection activities, we may also receive Personal Data about you from our business partners, financial service providers, identity verification services, and publicly available sources (e.g., name, address, phone number, country), as necessary to confirm your identity and prevent fraud. Our fraud monitoring, detection and prevention services may use technology that helps us assess the risk associated with an attempted transaction that is enabled on HornBlasters.com or the application that collects information.
- You may also choose to submit information to us via other methods, including: (i) in response to marketing or other communications, (ii) through social media or online forums, (iii) through participation in an offer, program or promotion, (iv) in connection with an actual or potential business relationship with us, or (v) by giving us your business card or contact details at trade shows or other events.
- Browser and device data, such as IP address, device type, operating system and Internet browser type, screen resolution, operating system name and version, device manufacturer and model, language, plug-ins, add-ons and the language version of the site you are visiting;
- Usage data, such as time spent on HornBlasters.com, pages visited, links clicked, language preferences, and the pages that led or referred you to HornBlasters.com.
HOW DATA IS USED:
Our Products and Services
HornBlasters relies upon a number of legal grounds to ensure that our use of your Personal Data is compliant with applicable law. We use Personal Data to facilitate the business relationships we have with our customers, to comply with our financial regulatory and other legal obligations, and to pursue our legitimate business interests. We also use Personal Data to complete payment transactions and to provide payment-related services to our customers.
When an email address is requested, HornBlaster may also ask if the customer would like to receive emails in regards to promotions or events. These emails are entirely optional and you may opt-out via the unsubscribe link included in such emails or send your request to firstname.lastname@example.org. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages that are required to provide you with excellent customer services.
HOW WE DISCLOSE DATA:
HornBlasters does not sell or rent Personal Data to marketers or unaffiliated third parties.
We share your Personal Data with trusted entities, as outlined below:
- Service providers. We share Personal Data with a limited number of our service providers. We have service providers that provide services on our behalf, such as identity verification services, website hosting, data analysis, information technology and related infrastructure, customer service, email delivery, and auditing services. These service providers may need to access Personal Data to perform their services. We authorize such service providers to use or disclose the Personal Data only as necessary to perform services on our behalf or comply with legal requirements. We require such service providers to contractually commit to protecting the security and confidentiality of Personal Data they process on our behalf.
- Business partners. We share Personal Data with third-party business partners when this is necessary to provide our services to our customers. Examples of third parties to whom we may disclose Personal Data for this purpose are banks and payment method providers (such as credit card networks) when we provide payment processing services.
- Corporate Transactions. In the event that we enter into, or intend to enter into, a transaction that alters the structure of our business, such as a reorganization, merger, sale, joint venture, assignment, transfer, change of control, or other disposition of all or any portion of our business, assets or stock, we may share Personal Data with third parties for the purpose of facilitating and completing the transaction.
- Compliance and harm prevention. We share Personal Data as we believe necessary: (i) to comply with applicable law, or payment method rules; (ii) to enforce our contractual rights; (iii) to protect the rights, privacy, safety and property of HornBlasters, you or others; and (iv) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include authorities outside your country of residence.
Depending on your location and subject to applicable law, you may have the following rights concerning the Personal Data we control about you:
- The right to request confirmation of whether HornBlasters processes Personal Data relating to you, and if so, to request a copy of that Personal Data.
- The right to request that HornBlasters rectifies or updates your Personal Data that is inaccurate, incomplete or outdated.
- The right to request that HornBlasters erase your Personal Data in certain circumstances provided by law.
- The right to request that HornBlasters restrict the use of your Personal Data in certain circumstances, such as while HornBlasters considers another request that you have submitted (including a request that HornBlasters make an update to your Personal Data); and
- Where the processing of your Personal Data is based on your previously given consent, you have the right to withdraw your consent at any time. You may also have the right to object to the processing of your Personal Data on grounds relating to your particular situation.
In order to exercise your data protection rights, you may contact HornBlasters as described in the Contact Us section. We take each request seriously. We will comply with your request to the extent required by applicable law. We will not be able to respond to a request if we no longer hold your Personal Data. If you feel that you have not received a satisfactory response from us, you may consult with the data protection authority in your country.
For your protection, we may need to verify your identity before responding to your request, such as verifying that the email address from which you send the request matches your email address that we have on file. If we no longer need to process Personal Data about you to provide our services, we will not maintain, acquire or process additional information to identify you to respond to your request.
GENERAL TERMS AND CONDITIONS
An order is not binding upon HornBlastersuntil it is accepted; HornBlasters must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. The customer can make payment by credit card, or some other method prearranged with HornBlasters. 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.
Use of Product:
You agree to use any products purchased from HornBlasters safely and legally. You agree to abide by all safety precautions outlined on this page, on any printed materials related to the product, and in its documentation. You also agree to obey local, state, and federal laws relating to the use of our products.
Restrictions on the Sale of Specific Products:
When placing an order with HornBlasters for a restricted item, you are stating that you are authorized to make such a purchase and that you are in compliance with all local, state, and federal laws concerning the purchase and/or use of that product.
Governing Law and Jurisdiction:
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between HornBlasters and Customer shall be governed by the laws of the State of Florida, 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. HornBlasters and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Florida, Pasco County, to resolve any dispute between them related hereto, and the parties waive all rights to contest this exclusive jurisdiction and venue of such courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against HornBlasters that is more than one year after the date of the applicable invoice.
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 Florida law.
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.
These terms and conditions, together with HornBlasters.com’s invoice regarding the products ordered by Customer, are the complete and exclusive agreement between HornBlasters.com and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between HornBlasters.com 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.
HornBlasters 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 are 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, HornBlasters.com 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 HornBlasters are provided as resources to customers looking for additional information and/or professional opinion. HornBlasters does not assume responsibility for the claims and/or representations made on these or any other websites.
HornBlasters is not responsible for changes or variations in product specifications and/or physical appearance. In the interest of our customers, HornBlasters 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. HornBlasters 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, HornBlasters will not be held responsible for product revision changes.
Restrictions on the Sale of Specific Products:
Laws and codes regarding the use of emergency warning devices vary greatly within the United States. Some items are restricted in one jurisdiction and may not be in another. Selected products and color variations are restricted to law enforcement and emergency personnel only. When you place an order with HornBlasters for a restricted item you are stating that you are authorized to make such a purchase and that you are in compliance with all local, state, and federal laws concerning the purchase and/or use of that product.
Installation and Use:
It is assumed that the purchaser/installer is familiar with the safety, proper handling of tools, torque feels to brass air fittings and basic knowledge of intended applications. If you are not sure of installing the purchased product, please refer to a professional. HornBlasters is not liable for the improper installation, usage or any damages whatsoever by the consumer, installer or user. Check local noise abatement ordinances to avoid legal violations.
Use of Horns, Sirens, & Public Address:
Horns must be used safely and responsibly, at a distance of at least 100 feet from others. Proper hearing protection must be worn when using these products. Hearing loss or permanent damage may result from unsafe use. Never operate these products in a closed environment or close to pedestrians or others. It is the consumer’s responsibility to comply with local laws, noise ordinances, and D.O.T. sound levels laws.