GENERAL TERMS AND CONDITIONS OF SALE AND USE OF WYS WEBSITE.
Please read Water Yacht Solutions, Inc. (“WYS”) General Terms and Conditions of Use and the Terms and Conditions of Sale of this website ("Website") carefully.
Sales of Dometic™ Products:
a) WYS, and not Dometic Marine, is making the sale to the customer.
b) The terms and conditions directly and indirectly applying to returns, refunds and exchanges by customer are those of WYS, and not Dometic Marine
Orders may only be placed on this Website by individual consumers and corporations purchasing goods other than for resale. Any resale or distribution of WYS products purchased on this Website is strictly prohibited, unless is expressly authorized by WYS.
WYS may amend this Agreement at any time immediately upon revision hereof and posting same as revised. You are solely responsible for reading this Agreement each time you visit and use this Website, and your continued use of this Website after any such amendment shall be deemed to express your agreement with this Agreement as then amended.
General Terms and Conditions of Use of WYS website
This Website is owned and operated by WYS WYS's principal place of business is located at the following address: 8060 W 23rd Ave Bay #3 Hialeah, Fl 33016.
You agree and consent to WYS sending you information, by any media and at any address of yours that you have provided to WYS, concerning any WYS product promotion, advertisements, marketing information or other customer related materials. All communication to you by email will include an option for you to cancel, unsubscribe and withdraw your consent at any time.
Security and Personal Data
This Website is only intended for adults and is not intended for children.
All material on this Website (including but not limited to drawings, designs, illustrations, photographs, sound tracks, videos, written text, logos, trademarks, etc.) are deemed to be the exclusive property of WYS. You may not reproduce, by any means or process (except as expressly provided herein), totally or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such material contained on this Website.
Any WYS trademark, and all other WYS related marks and logos, whether or not registered, displayed on this Website, as well as the domain name "www.wateryachtsolutions.com”, are and will remain the exclusive property of WYS. Any reproduction, distribution, transmission, modification or WYS and/or use of these trademarks for any purpose without prior, express written agreement is prohibited.
You may not remove any copyright, trademark or other proprietary notice contained on this Website or any content contained therein. You may make a single copy of web pages published on this Website for your own private, personal and non-commercial use, provided that any copy of such web pages shall retain all copyright and other proprietary notices contained therein.
Limitation of Liability
IN CONNECTION WITH YOUR VIEWING AND USE OF THIS WEBSITE, EXCEPT FOR ANY COMMERCIAL TRANSACTIONS THAT MAY BE UNDERTAKEN IN CONNECTION WITH THIS WEBSITE, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT WYS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, HARM, LIABILITY, LOSS, COST, EXPENSE, OR INJURY SUFFERED IN ANY CONNECTION WITH THIS WEBSITE WHATSOEVER, INCLUDING AS A RESULT OF USING, ACCESSING, COPYING, OR DOWNLOADING ANY PART OF THIS WEBSITE'S CONTENT. IN NO EVENT SHALL WYS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER IT ARISES, WHETHER FOR BREACH OF CONTRACT, OR IN TORT, NEGLIGENCE, EQUITY, OR OTHERWISE EVEN IF WYS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE TO HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM AGAINST WYS FOR LOST DATA, RE-RUN TIME, DATA CORRUPTION, BREACH OF SECURITY COMMUNICATION INTERCEPTION, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM ANY USE OF THIS WEBSITE.
WYS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY VISIT, USE OR DETRIMENTAL RELIANCE THAT YOU MAY PLACE ON THIS WEBSITE.
You agree and accept that WYS denies, and is excluded from, any harm, loss, damages or other liability associated with any unauthorized third party conduct concerning this Website, including any cyber-attack, Website availability (denial of service attack), or hacking of this Website, regardless of whether or not same arises where any personal information/credit card information may be accessed, sabotaged, viewed, copied, stolen, transmitted out or otherwise interfered with.
Disclaimer of Warranty
You accept and agree that WYS does not guarantee or represent that:
this Website is free from malware, unauthorized code, viruses, worms, trojan horses or other destructive material;
the information contained on this Website is accurate, complete or up to date.
This Website may contain technical defects; WYS does not agree or guarantee that any such defects will be corrected.
YOU AGREE AND ACCEPT THAT THE CONTENTS OF THIS WEBSITE AND ALL GOODS THAT MAY BE PROVIDED IN ANY CONNECTION WITH THIS WEBSITE ARE PROVIDED "AS IS” AND ARE FOR YOUR END USE ONLY, AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DENIED AND DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID BY A COURT OF COMPETENT JURISDICTION. EXCEPT AS OTHERWISE EXPRESSLY AGREED, WYS MAKES NO REPRESENTATIONS, WARRANTIES, COVENANTS OR GUARANTIES AS TO THE SECURITY, CONFIDENTIALITY, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THIS WEBSITE OR ANY OF THE CONTENTS OF THIS WEBSITE, OR ANY GOODS THAT MAY BE PROVIDED OR SOLD IN ANY CONNECTION WITH THIS WEBSITE.
This Website, and this Agreement, is provided in English only.
Law - Disputes
This Agreement shall be exclusively governed by and construed in accordance with the laws of the State of Florida, and the federal laws of United Sates of America applicable therein, without regard to principles of conflicts of laws. You agree and confirm that all transactions, activities, undertakings by you and WYS, and your use of this website, are deemed to have exclusively occurred, and taken place, within the State of Florida. This Agreement shall be interpreted only in accordance with the English language before a court of competent jurisdiction. In the event of a dispute, the Miami Dade courts and all courts of appeal therefrom shall have non-exclusive jurisdiction to consider and determine all disputes, litigation, and claims, both at law and in equity that may arise in connection with this Agreement. You hereby irrevocably attorn to and accept the exclusive jurisdiction and venue of such Miami courts for such purposes and waive any right which you may have to transfer or change the venue of any suit, action, or proceeding.
WYS PRODUCT PURCHASE TERMS & CONDITIONS
Purchase - Terms of ordering
This Website may be used to order a selection of products from WYS. For each order on this Website, your acceptance of this Agreement in force at the date of the order will be requested. Only persons with legal capacity, including persons over the age of 19, may purchase goods from WYS through this Website. You represent, warrant and agree that you have such legal capacity, that you are not a minor, and that you acknowledge WYS's material reliance on such representation and warranty.
To ensure a best quality service and product availability, quantities are subject to availability and at the discretion of WYS. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
For any exceptional order, please contact WYS's customer service by phone 305-807-3672 , by email [email protected] or [email protected] or via our contact us page.
Purchase - Availability
Our offers of products and prices are valid only as they are presented on this Website, and subject to availability. From time to time, errors or amendments on this Website may exist, especially in case of simultaneous orders of the same product by several customers. In case of unavailability of a product after ordering, you will be informed of that by email or by phone as soon as possible, and we will propose to you to either order another item shown on this Website in substitution or to cancel your order.
WYS is not liable in case of stock outage or unavailability of products.
WYS reserves the right to change at any time and without any previous notice the items proposed on the WYS website.
From time to time, some WYS products may be offered for sale only through this Website and any permitted returns or exchanges may not be made by you at the WYS store and therefore exchanges may take longer than otherwise indicated for other products.
For every order you make on this Website, you must provide complete and accurate information that is required. The information requested shall include: surname, first name, phone number, e-mail address, delivery and invoicing address.
Not all orders may be accepted, and WYS reserves the right, in its absolute discretion, to decline or refuse any orders. WYS, reserves the right to cancel any order placed by a customer with whom it has a dispute concerning a prior order, or if WYS has reasonable cause to suspect that such customer has violated these Terms and Conditions, or is engaged in any fraudulent activity or for any other legitimate cause.
At your own risk, you agree to secure and protect your login information confidential and never communicate it to third parties. Accordingly, you agree that any purchase made using your login information shall be deemed to be done by you as the owner of the login information. If your password is lost, stolen or used fraudulently, you must inform WYS immediately.
The data registered by this Website records and maintains a record of all transactions operated between WYS and its customers. You agree and confirm that, in case of dispute between WYS and one of its customers about a transaction made on this Website, all information, transaction data, records, and your activities on this Website that is captured, recorded, stored and maintained by WYS shall constitute accurate, complete and reliable records and admissible legal evidence of all such activities, information, transactions and related content.
Purchase - Price Payment
The prices of WYS products are indicated in US dollars, including duties, taxes and shipping costs (see "Shipping and Returns").
WYS reserves the right to modify the prices of products offered on this Website at any time by posting same as this Website and without prior notice to you. You will be charged the prices displayed on this Website at the time your order is placed provided the goods ordered were available at this time.
You are required to pay for any order placed on this Website immediately when you place your order. We only accept payment by charge card or credit card.
We accept the following charge cards and credit cards: MasterCard®, Visa®, American Express® and Discover. Your order will only be processed and accepted once we have verified your payment method and received authorization to process your payment.
Your charge card or credit card will only be debited when your order is processed and shipped. If any of the products in your order are unavailable, we will only charge you the prices, taxes, duties and shipping costs for the goods purchased.
Purchase - Reservation of title
All ordered products shall remain the property of WYS until payment is received by WYS and delivery has been made to you.
Shipping and Delivery - Delivery Zone
Goods purchased via this Website may only be delivered within the continental USA. For delivery outside of these regions, please contact us.
Goods will be shipped to the delivery address specified in your order. Any delivery address situated outside of our delivery zone will be refused during the ordering procedure. WYS will not process any order for which a post office box is provided.
Shipping and Delivery - Shipping costs
You will be asked to select the shipment method you would prefer as part of the order procedure.
Delivery costs depend on the value and size of your order and the delivery service you select.
Please Note: any and all duties will be your responsibility and will be determined by the customs department in accordance to the laws in each specific region.
We will inform you of the shipping costs for the shipment method you would have selected in the order summary displayed on this Website before you confirm your order. This amount will be payable by you in addition to the price, including taxes, of the goods ordered.
Delivery Time - Time required for delivery
During the order processing, we will inform you of the estimated time for delivery and the various forms of delivery available for the goods purchased.
Delivery Time - Delay
You must report any failure to deliver or late delivery exceeding fourteen (14) business days to our customer service as soon as possible. In order for your claim to be accepted, do not notify us of non-delivery more than a maximum of thirty (30) calendar days from the date you were provided with the confirmation of your order.
You should check that your shipment is correct on delivery. If there are any discrepancies in your order when the products are delivered to you, you should note the nature of the potential discrepancy (e.g., open package, damaged goods, etc.) by hand, if possible, on the delivery notice, and sign.
If the goods do not conform to your order or you are not satisfied with them, you may return them, exchange them or request a refund according to the terms and conditions contained in the section entitled "Returns - Exchanges - Refunds".
WYS shall not be responsible or liable for any delivery or return delays, interruptions, sabotage, interference or failures that are caused (whether directly or indirectly) by any cause, event, or circumstance that is outside of WYS's influence or control, such as (without limitation) any labour unrest (strikes, lock-outs or otherwise), civil unrest, third party criminal conduct, pandemic, terrorism, natural disasters, extreme weather, or accidents.
Returns - Exchanges - Refunds
You are entitled to return any product ordered via this Website within the thirty (30) calendar days following the date of delivery, subject to the following terms and conditions (regardless of whether or not such purchase was a gift for another person):
Returns must be sent in their original condition and packaging to the following address: WYS 8060 W 23rd Ave Bay #3 Hialeah, Fl 33016. You must enclose the original receipt with your returns, or a copy if you are returning part of your order.
If you exchange goods, the shipping costs for the first delivery will not be refunded and you will be charged for the shipping costs of the second delivery. Twenty Five percent (25%) restocking fee applies to all accepted returns.
If you ask for a purchase price refund, WYS will use commercially reasonable efforts to ensure that any refund will be made within five (5) business days of receipt of the goods returned by crediting your charge or credit card. Under no circumstances will it be possible to grant you an electronic credit usable on this Website, nor will the website issue a store credit for use in the WYS store.
In either case (exchange or refund), the shipping costs incurred in returning any replacement goods to you will be refunded if you were justified in returning the goods because they were not as ordered (e.g., product reference error, damaged goods, etc.).
WYS has sole and absolute discretion in determining whether the products are in original condition when returned to WYS website.
WYS will not be responsible or liable if any item that you have purchased on this Website and that you have attempted to return to WYS is lost, misdirected or delivered late.
We do not exchange or allow refunds for goods purchased in the WYS store via this Website.
The WYS store does not offer refunds on any goods purchased on this Website. Under no circumstances will it be possible to credit your charge or credit card.
You represent and covenant that you are accessing this Website, and engaging in any associated transactions, within the continental USA and not from any other jurisdiction, territory or nation whatsoever. WYS reserves the right to prosecute all misrepresentations, willful injury, fraud, malicious conduct, and any criminal conduct that you may engage in any connection with this Website.