Effective Date: July, 2010
Who We Are: We are Search Gear International, Inc. "SGI", ("we", "us", "our") and our headquarters are located at 7868 Silverton Ave Suite C, San Diego, California 92126; our telephone number (customer service) is 1-800-474-2612. See the “Contact Us” section of our site for further contact information, including how to contact us by email. We are a corporation formed under California State law.
Hours of Operation: Search Gear offices are open from 9:00am to 4:00pm, Pacific time, Monday through Friday and closed weekends and major holidays. Web site orders received after 12pm local time will be processed the next business day. Please call us if your delivery need is urgent.
Payment, Credit for Refunds & Pricing: Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any amounts described on the Site) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. We will not charge your payment card until the item ships. Pre-authorizations conducted at our option.
Shipping & Handling: When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the Site on the date your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Generally, shipping is by standard ground delivery. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Customs processing delays cannot be forecast. Any international customs duty or destination tax is your responsibility. Any shipping times shown on the Site are business-day estimates only (for standard U.S. (continental) ground shipping) - actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export. Free Shipping offer for orders over $100 is for standard U.S. (continental) ground shipping and does not apply to over-sized/weight items or International orders. Flat rate shipping for orders under $100.00 is for standard U.S. (continental) ground shipping only and does not apply to over-sized/weight items or International orders. Offer also does not apply to formal Quotes.
Pricing and Availability: All prices are shown in U.S. dollars, and are valid and effective only for products and services ordered and shipped within the United States; taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
Out-of-Stock Items; Backorders: If the color or size you want is not available or in stock, it will not be available for ordering. Please call us for availability or check back later. Sometimes we will not know in advance that product is unavailable, so you may be able to place items in your Shopping Cart but may be notified after placing your order that an item(s) are unavailable. If you are interested in back-ordering a product, please contact us. Unfulfilled back-orders will be canceled at the end of 90 days. Lowest cost shipping will apply to back-ordered shipments.
Return and Exchanges: Search Gear has a 100% Satisfaction Guarantee and purchases may be returned (if in original condition and packaging). Certain items due to the nature of the sale may not be returned (e.g., some of our sale, close out, used or one-of-a kind items) and will be identified as such. If you believe a product is defective, please call us for return instructions. The return process must be started within 90 days of purchase. Special or large quantity orders may incur a restocking fee.
If a payment mechanism other than a credit or debit card was used to pay the original price, or if the purchase was part of a special offer that is not in effect when the return is made, we may give you a merchandise credit. After we have received your valid return, we will provide one of the following within a reasonable time: an exchange of merchandise for the item returned, a non-transferable merchandise credit, a non-transferable gift certificate or gift card, a credit to the payment card used to pay for the product, a check, or another remedy that we determine in good faith is appropriate in the circumstances. If you do not comply with any of the above conditions, we reserve the right to refuse the return or exchange, or to impose different or additional conditions, including (without limitation) basing our response on the current sales price.
Accuracy: From time to time there might be information on the Site that is outdated or contains errors, inaccuracies, or omissions (collectively, "Inaccuracy"), including but not limited to descriptions of events, locations, products and services, pricing, product availability and tracking or other information. Also note that although we have tried to accurately to display colors of products, the colors you see may depend on specifications and settings of your computer and it's display and might not accurately depict the actual color of the product. We reserve the right to correct any Inaccuracy even if you have placed an order; we also reserve the right to refuse or cancel any orders whether or not the order has been confirmed and your payment card charged. If your card has already been charged and your order is canceled, we will promptly issue an adjustment to your card account. We apologize for any inconvenience this may cause you.
Even if there is no Inaccuracy, the product descriptions and all other information are intended only to be indicative. No information is intended to be a guaranty or warranty, including (but not limited to) about what is right for you, and you agree not to rely on any information and to do your own research and analysis as well. No information provided on the Site is a substitute for qualified instruction or personal experience. SGI assumes no liability for the use of or reliance on information – it is your responsibility to have the proper knowledge, experience and training to properly use the products we sell.
Limitation of Liability and Exclusive Remedy: You agree that your sole, aggregate remedy for any cause of action of any nature (including without limitation, tort) relating to any aspect of business with SGI or the use of its site, shall be, at our option: (1) repair, substitution, replacement or correction of all or part of the content, act or item giving rise to damages incurred in reasonable reliance and not excluded above; or (2) the amount of damages not excluded above that you actually incur in reasonable reliance, which amount shall not exceed the amount (if any) you actually paid for the content, act or item causing said damages. The damage exclusions and limitations of liability in these terms shall apply even if any remedy fails of its essential purpose
Applicable Law and Exclusive Forum: If you choose to access this Site, you do so at your own risk and are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of U.S. export laws and regulations. You agree that the Entire Agreement, all performances and all claims of every nature (including without limitation, contract, tort and strict liability) relating to any aspect of this Site or any product or service obtained in any connection with it, shall be governed by the laws of the State of Californian, U.S.A. without regard to its conflict of law provisions and without regard to where performance is made. You agree that any disputes shall be heard exclusively in the appropriate forum in California. You also consent to jurisdiction in a state or federal court sitting in San Diego County, California and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by California or federal law.
Notice About Trademarks: There are SGI trademarks, product names and logos on the Site, and also many marks, names and logos owned by third parties – and all of that is the property of the respective owner. You may not use any of the trademarks displayed on this Site or any Content. All rights are reserved.