ONLINE SALES TERMS AND CONDITIONS (“TERMS”)
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
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.
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.
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 and 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 and Puerto Rico. 56V Tools and 56V batteries cannot be shipped to Alaska, Hawaii, Virgin Islands, Guam and Puerto Rico. Expedited shipping is not available on the purchase of any 56V tool or battery.
RW Direct, Inc. does not collect sales or use tax in every state. If tax is not collected on your order, your state (for example, CO, VT, LA, OK, SC, SD 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.
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:
(i) acknowledge that you have read and understand this agreement in its entirety;
(ii) represent that you are at least 18 years old and have the authority to enter into this agreement;
(iii) agree to be bound by and to perform the obligations of this agreement;
(iv) 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
(v) 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.