Thank
you for visiting Tool-Mall.com
Our company is dedicated to bringing you the
best products at the best prices.
We have relationships with some of the best
factories in the world. We work directly with
the manufacturers to obtain quality merchandise,
both new and reconditioned.
Table
Of Contents
Terms
and Conditions
By accessing this site or by placing an order
with Tool-Mall through any means you accept
these terms of use. Please read this agreement
carefully before accessing this website. By
accessing the site, or by placing an order through
any means, you agree to be bound by the terms
and conditions below. If you do not wish to
be bound by these terms and conditions, you
may not access or use this site or place an
order through any means.
THE NOTICES ON THIS PAGE ARE SUBJECT TO CHANGE
WITHOUT NOTICE. YOU MUST REVISIT THIS PAGE OFTEN
TO LEARN OF CHANGES
Your use of this site or you placing an order
through any means following any such change
constitutes your agreement to follow and be
bound by the Terms of Use as changed. All the
content on this site is Copyright 2006 Tool-Mall.com.
All rights reserved.
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Website Usage Restrictions
You may access and view the content appearing
on this Website for personal, non-commercial
use only! Tool-Mall reserves complete title
and full intellectual property rights in any
content that you download from this Website.
You agree to use this Website only for lawful
purposes. The following are included, but not
limited to, in strictly prohibited actions:
- Misrepresenting
the identity of a user;
- Tampering
in any way with this Website; and
- Conducting
any type of fraudulent activity.
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Links
to Third Party Sites
Please understand that when you access another
website through this one, Tool-Mall can accept
no responsibility for your experience with the
site. Links to other sites are provided for
convenience only. You need to make your own
decisions regarding your interactions or communications
with any other website.
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Communications
with Tool-Mall
We welcome your comments regarding this site.
However, comments, feedback, notes, messages,
ideas, suggestions or other communications transmitted
to Tool-Mall will be treated as nonconfidential
and nonproprietary. All communications to Tool-Mall
become the exclusive property of Tool-Mall and
you agree that by transmitting any communication
you relinquish all rights and interests in same.
Tool-Mall shall be free to reproduce, use, disclose,
and distribute these communications to third
parties without restriction. Tool-Mall shall
be free to use any ideas, concepts, know-how
or techniques contained in such information
for any purpose whatsoever including but not
limited to developing, manufacturing, and marketing
products incorporating such information. Therefore,
Tool-Mall discourages you from transmitting
information that you do not wish to assign to
Tool-Mall, including confidential information
or creative ideas. Furthermore, you will take
all responsibility for the content of your communication
and warrant that it does not violate any law,
statute, ordinance or regulation or the intellectual
property rights of third parties. You agree
that Tool-Mall may copy all or part of your
communication in any response(s) it makes to
you.
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Proprietary Rights
All product names, logos, trademarks, as well
as other marks and trade names on this Website
are the properties of Tool-Mall.com, or their
respective owners. You may not use, reproduce,
copy or manipulate such logos in any manner
without the prior written consent of the owner.
The entire contents of this Website, including
but not limited to text, images, music, sound,
photographs, video, illustrations, icons, graphics,
headers, data, information, and software (collectively,
“Content”) are subject to copyright,
trademark, or other proprietary rights or licenses
held by Tool-Mall or a Tool-Mall affiliate or
by third parties who have licensed their rights
to Tool-Mall. All content is copyrighted as
a collective work under the U.S. and international
copyright laws and Tool-Mall owns, to the fullest
extent allowed by such law, the copyright in
the arrangement, coordination, enhancement and
selection of such Content or this Website. Except
as provided in this agreement, you may not distribute,
publish, transmit, reuse, repost, “and
frame” the Content in any manner or sell
or attempt to sell the Content.
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Accuracy
and Content
Tool-Mall is working hard to ensure that the
information provided on the Tool-Mall site is
accurate and up-to-date but due to the risk
that the information may be compromised by software
or procedural errors, Tool-Mall does not guarantee
the accuracy or completeness of the information
provided on this site. Tool-Mall reserves the
right to correct any errors, inaccuracies or
omissions and to change or update information
at any time without prior notice (including
after you have submitted your order). Please
note that such errors, inaccuracies or omissions
may relate to product description, pricing and
availability. Photos may vary. Pricing and shipping
& handling rates are subject to change without
notice. We apologize for any inconvenience this
may cause you. Tool-Mall does not warrant the
accuracy, integrity or completeness of the content
provided in this Website, including any advice
or other similar information obtained by you
from us though this Website. Tool-Mall makes
no representation that the content provided
in this Website is applicable or appropriate
for use in locations outside the United States.
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No Warranties; Limitation
of Liability for Website
In no event shall Tool-Mall, its Directors,
Officers, Employees, Affiliates, Successors,
or Assigns or Other Representatives be liable,
whether in contract, warranty, tort (including
negligence-whether active, passive or imputed),
product liability, strict liability, or other
theory, to you, or any other person or entity
for any damages (including, without limitation,
any direct, indirect, incidental, special, exemplary,
punitive or consequential damages) arising out
of or in connection with any use of, inability
to use, or results of use of, this Website,
even if Tool-Mall or its Representative has
been advised of the possibility of such damages.
If you are dissatisfied with this Website, your
sole and exclusive remedy is to discontinue
use of this Website. If any portion of this
limitation is found to be invalid or unenforceable
for any reason, then Tool-Mall’s total
liability to you shall in no event exceed one
hundred United States dollars (US$100.00). Some
states do not allow the exclusion and limitation
of incidental or consequential damages, so the
above limitation or exclusion may not apply
to you.
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No Warranties; Limitation
of Liability for Merchandise
All merchandise listed in this Website, are
“as is” (to the extent allowed by
law) and, unless otherwise specifically noted,
are without warranties of any type, express
or implied. Tool-Mall disclaims all warranties,
including, but not limited to, the Implied Warranty
of Merchantability and the Implied Warranty
of Fitness, for a particular purpose. Tool-Mall
disclaims any liability for product defect claims
that are due to product misuse, improper product
selection and/or misapplication and any description,
picture or other information communicated does
not express or imply a warranty that the products
are merchantable or fit for a particular purpose.
Any liability for consequential, incidental,
special, exemplary, or punitive damages is expressly
disclaimed. Tool-Mall’s liability in all
events is limited to, and shall not exceed,
the purchase price paid for the product that
gives rise to any liability.
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Personal Account
If you use this site, you are responsible for
maintaining the confidentiality of your account
and password and for restricting access to your
computer, and you agree to accept responsibility
for all activities that occur under your account
or password.
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Shipping
- Risk of Loss
All items purchased from Tool-Mall are made
pursuant to a shipment contract. This means
the risk of loss and title for such items pass
to you upon our delivery to the carrier. Tool-Mall
is not responsible or liable for any damage
arising from shipment.
.
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Return
Policy
Tool-Mall retains the exclusive and sole right
as to whether an item may be returned, exchanged
or order cancelled. Tool-Mall thus encourages
customers to use caution when placing an order,
as once placed the order cannot be cancelled,
nor the item returned or exchanged unless Tool-Mall
expressly consents.
In order to obtain a refund or exchange, prior
approval must be given by Tool-Mall. Regardless
of circumstance, ALL returns to Tool-Mall.com
MUST have a Return Authorization. Please click
here for the Return
Authorization. Generally, Tool-Mall will
consider returns within thirty (30) days of
purchase. Refunds are for the cost of product
only; shipping and handling charges are not
refundable. Tool-Mall cannot accept returns
of “drop shipped” items directly
from the factory to you. Tool-Mall cannot accept
returns of gas or diesel-powered items once
said items have been oiled and/or gassed. If
said items have been gassed or oiled they need
to be taken to an authorized service center
for repair, which may be covered under warranty.
At Tool-Mall's sole discretion, Tool-Mall may
impose a fifteen percent (15%) restocking fee
on items returned.
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Severability
The Terms and Conditions constitute the entire
agreement between you and Tool-Mall with respect
to this Website. The Terms and Conditions supersede
all prior or contemporaneous communications
and proposals, whether electronic, oral or written
between you and Tool-Mall with respect to this
Website. No modification of the Terms and Conditions
shall be effective unless it is authorized in
writing by Tool-Mall. If any provision of the
Terms and Conditions is found to be contrary
to law, then such provision(s) shall be constructed
in a manner to closely reflect, as much as possible,
the intentions of the parties, with the other
provisions remaining in full force and effect
If any of these conditions shall be deemed invalid,
void, or for any reason unenforceable, that
condition shall be deemed severable and shall
not affect the validity and enforceability of
any remaining condition.
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Choice of Law
By use of this Website, you agree that the laws
of the State of Ohio, without regard to principles
of conflict of laws, will govern these Terms
and Conditions and any dispute of any sort that
might arise between you and Tool-Mall or its
affiliates.
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Shipping
and Delivery
How long will it take to receive my order?
Expected Delivery Times for Credit Approved
In Stock Orders: Most items leave our warehouse
within 3-5 business days after receiving your
order. Shipping time varies depending on the
city and state you live in.
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Do
you ship outside the United States?
No, Tool-Mall ships to customers in the continental
United States only.
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How
can I check the status of my order?
Use the Order Status section of our site.
-
Click the Order
Status link left navbar on any web page.
Then enter your customer number and bill-to
zip code.
- Click
submit.
- If
your order states a "Shipped" status
it has left our warehouse. You may trace the
package(s) by utilizing the “Shipping”
link under “Shipping/Tracking Information.”
Then simply click on the tracking number provided.
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How
do I calculate my shipping charges?
Your shipping charges are automatically calculated
based on standard published FedEx shipping rates.
We do not mark up the cost of freight.
NOTE: Some items cannot be shipped via FedEx,
due to size, weight and hazardous materials
restrictions. Some items may also have additional
hazardous-materials charges. Shipping and handling
rates are subject to change without notice.
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How
long do backordered items take to ship?
It depends on the item. Product delivery is
sometimes delayed for reasons out of our control.
We are constantly monitoring our stock levels
and receiving shipments at our distribution
center.
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If
I have an item shipped by truck freight is the
driver responsible
for unloading the merchandise?
No, truck freight companies do not require their
drivers to unload shipments. An additional lift
gate charge will apply if the driver unloads
the merchandise. The carrier will call and schedule
the delivery when you'll have unloading help
on hand.
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If
I have more than one item on my order and an
item is
on back order, do I get charged shipping twice?
Yes, each item is charged shipping when it leaves.
However, you are not charged any additional
shipping from what was quoted at the time of
the order. The shipping cost is pro-rated.
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What
shipping carriers do you offer?
Fed Ex Ground
FedEx 2nd and Next Day Air
Truck freight - when applicable
Shipping options vary depending on the type
and quantity of merchandise you choose to buy
and your shipping address.
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What
taxes are applied to my order?
Residents of Ohio must pay applicable sales
tax.
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Tool-Mall.com
Privacy Policy
What
does Tool-Mall do with my personal information?
Tool-Mall.com uses personal information to enhance
the overall shopping experience by providing
you with better customer service. Positive customer
identification allows us to contact the customer
and ensure all their needs are met and handled
appropriately and accurately. All personal information
that we acquire is provided by each individual
customer. It is this personal information, given
to us by the customer that allows Tool-Mall
to provide knowledgeable support by our customer
service team. Benefits you may receive by allowing
us to keep your personal information include:
- A
Personal Internet Account - You will be identified
by Tool-Mall.com every time you log in with
your personal customer ID so in the future
you will save time by not having to submit
your information again.
- Traceable
Product Delivery - You will be able to track
the location of your shipment through our
online tracking system.
- Order
Status Updates - You will receive order status
updates through email notification, including
order and shipment confirmation.
- Updates
on Internet Specials - You will receive updates
on Internet specials you have requested.
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Opting
Out
You may withdraw your personal information from
Tool-Mall at any time. To withdraw your information
e-mail: customer.service@tool-mall.com.
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Will
Tool-Mall sell my email address?
NO! Tool-Mall will not sell, trade, share or
rent your email address to anyone. We believe
that your email address is personal and should
be kept that way. We use your email address
to provide you with better customer service
support, and to update you on Tool-Mall specials
that you have requested.
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