ONLINE SALES TERMS AND CONDITIONS (“TERMS”)

In these terms and conditions "we" and "us" and "WORX" means Positec Tool Corporation, its subsidiaries Positec USA, Inc. and RW Direct, Inc., and its related affiliated companies. "You" means you as the user of this Website or as a customer of WORX. By visiting this website or placing an order through this website ("Website"), you agree to the terms set forth below along with WORX's Privacy Policy. These Terms together with your Order Confirmation constitute the contract between us and you for your purchase of our products. No other terms and conditions shall apply. The contract cannot be changed unless WORX agrees to change it in writing or by email.

BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE IS TO CEASE USING THE WEBSITE. THESE TERMS ARE EFFECTIVE IMMEDIATELY.

Passwords and Security

If you register for an account on the Website, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. WORX employees will never ask you for your password. The information we obtain through your use of this Website, including your registration information, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms. You also agree to ensure that you sign out of your account at the end of each session on the Website. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time (in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms).

Return Policy

For any unopened product in its original, undamaged condition, you can return it to us along with the sales receipt within 30 days of the date you received the product. We will provide a refund of the purchase price, less any shipping and handling fees from the original order. You are responsible for the cost of shipping. To return a product, call 1-866-354-WORX (9679). More information on returns can be found on our 30 Day Guarantee page.

Additional WORX Product Terms

The purchase and use of WORX products is subject to additional terms and conditions found in our 3 Year Limited Warranty page.

Illustrations, figures and photos may vary slightly due to our program of continuous product improvements.

Pricing and Price Corrections & Promotions

WORX reserves the right to change prices for products displayed on the Website at any time, and to correct pricing errors that may inadvertently occur. Only one coupon code may be used per order. WORX may cancel coupon codes or promotions at any time.

Order Acceptance/Confirmation

WORX may, in its sole discretion, refuse or cancel any order and limit order quantity. WORX may also require additional qualifying information prior to accepting or processing any order. Once we receive your online order through the Website, we will provide you with an email Order Confirmation. Your receipt of such order confirmation, however, does not signify WORX's acceptance of your order, nor does it constitute confirmation of our offer to sell - this merely confirms that we received your order. WORX reserves the right at any time after receiving your order to accept or decline your order for any reason. If WORX cancels an order after you have already been billed, WORX will refund the billed amount. This Website does not process credit cards, or take other payment processing information. Payment processing is handled through third-party services. Your credit card will be pre-authorized for the total (or first payment) upon order, credit card is charged when the product is shipped.

WORX sells and ships products to end-user customers only. WORX reserves the right to refuse or cancel your order if we suspect you are purchasing products for resale. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the products you have purchased, you agree that we may, at our option, require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by any means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including reasonable attorneys'; fees and other legal expenses.

To prevent any unnecessary delays processing your order, please ensure that the billing address on your order matches the billing information on your credit card account. If you have recently moved, or are unsure whether you receive your credit card statement at your work or home address, please contact your card-issuing bank.

Shipping & Delivery

Worx ships items within the continental US, Alaska, Hawaii, Puerto Rico, Guam. Shipments can be made to P.O. Box addresses when shipping Smartpost and if the shipment is under 70lbs. Shipments can be made to United States territories. Shipments cannot be made to addresses outside of the United States. You may not export any products purchased through the Website. Additional shipping surcharges may be applicable on some orders based on the product selected and/or recipient’s location. The delivery date of your order
can be impacted by many events beyond WORX’s control once it leaves our facilities. For this reason, Worx cannot be held liable for any delays in scheduled deliveries.

Free shipping not available to customers in Alaska, Hawaii, Virgin Islands, Guam, Puerto Rico and US military addresses. All products over 1lb. shipping to non-contiguous states (Alaska, Hawaii, Virgin Islands, Guam, Puerto Rico and US military addresses) are required to be shipped by Express shipping. 56V Tools and 56V batteries cannot be shipped to Alaska, Hawaii, Virgin Islands, Guam and Puerto Rico. Ground or Home Delivery service on lithium battery products is not available at this time. Smartpost delivery can take longer than 7 days, and in some cases in excess of 2 weeks. Expedited shipping is not available on the purchase of any 56V tool or battery.

The Landroid model WG794 is not currently for sale in the State of California.

RW Direct, Inc. does not collect sales or use tax in every state. If tax is not collected on your order, your state (AL,CO,KY,LA,OK,PA,RI,SC,SD,TN,WA and others) may require that you file a sales and use tax return at the end of the year reporting all taxable purchases that were not taxed and pay the taxes associated with those purchases. Your purchase is not exempt from state sales or use tax merely because it is made over the Internet or by telephone.

Product Availability and Limitations

Given the popularity and/or supply considerations for some of our products, WORX reserves the right to limit the number of products available for purchase, and reserves the right to change quantities available for purchase at any time, even after you place an order. Furthermore, there may be occasions when WORX confirms your order but subsequently learns that it cannot supply the ordered product. In the event WORX cannot supply a product you ordered, we will cancel the order and refund your purchase price in full.

Limitations of Liability, Disclaimers, & Indemnification

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of this Website shall be limited to
the amount you paid us for products purchased on the Website during the 12-month period before the act giving rise to the liability. You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys' fees that may arise from your use or misuse of this Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

IN NO EVENT SHALL WORX OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE. FURTHERMORE, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY ASSISTANCE (SUCH AS CREDIT CARD PROCESSORS) IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, THE PROCESSING OF ORDERS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT OF THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE.

WORX HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Governing Law

This Website (excluding any third party websites) is controlled by us from our offices located in North Carolina, and the statutes and laws of the state of North Carolina shall be controlling, without regard to the conflicts of laws principles thereof. With respect to all matters arising under these Terms, you agree to and hereby submit to the exclusive personal jurisdiction and venue of the federal and state courts of the state of North Carolina having competent subject matter jurisdiction.

BY USING THIS WEBSITE, YOU:

acknowledge that you have read and understand this agreement in its entirety;
represent that you are at least 18 years old and have the authority to enter into this agreement;
agree to be bound by and to perform the obligations of this agreement;
agree that WORX may charge your credit card account for the purchase price of the products, including related shipping and handling fees, and applicable taxes we are obligated to collect from you (if any) under this agreement; and
represent that all information provided by you to WORX is true and accurate to the best of your knowledge.

It is strongly recommended that you print a copy of this agreement for your records at this time.

Mobile Terms & Conditions

WORX offers its customers mobile alerts for possible product alerts, marketing, promotions, and cart reminders by SMS message (the "SMS Service"). By participating in the SMS Service, you are agreeing to these Terms and to the WORX Privacy Policy.

Signing Up and Opting-In to the Service

Enrollment in the SMS Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the SMS Service will start, you will need to agree to these Terms. WORX reserves the right to stop offering the SMS Service at any time with or without notice.

By opting into the SMS Service, you:

Authorize WORX to use auto dialer or non-auto dialed technology to send text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
Acknowledge that you do not have to agree to receive messages as a condition of purchase or your use of our Website.
Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please contact our Solution Center at 866-354-9679. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need:
- (i) a device (such as a computer or mobile phone) with Internet access
- (ii) and either a printer or storage space on such device.
For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Content You May Receive

Once you affirm your choice to opt-in to the SMS Service, your message frequency may vary. You may receive an alert when instances occur such as:

Sale promotions
Event information
Product launch announcements
Cart reminders
Back in stock alerts
Price drop alerts
Low inventory alerts

Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the SMS Service.

Supported carriers include AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The SMS Service may not be available on all wireless carriers. WORX may add or remove any wireless carrier from the Service at any time without notice. WORX and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

To Stop the SMS Service

To stop receiving text messages from WORX text the word STOP to 28266 any time or reply STOP to any of the text messages you have received from Worx. For SMS Services operated through a different number, text STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a texted request to clarify the text message program to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that WORX and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from WORX through any other programs you have joined until you separately unsubscribe from those programs. These Terms still will apply if you withdraw the consent mentioned above or opt out of the SMS Service.

Questions on the SMS Service

You can text HELP to 28266 or in response to any of the text messages you have received from WORX for help at any time. This will provide you a link to the terms and conditions along with a phone number to call for assistance. You can also reach a Solution Center Team Member at 866-354-9679.

Mobile Phone Number Change

In the event that you change or deactivate your mobile phone number associated with the SMS Service, you agree to notify Worx by visiting our Contact page.

Terms and Conditions Version [7/02/2021]