Our Attorneys want all our customers to read the following below. They say it is IMPORTANT!
Thank you for visiting GeekStands (a/ka/ GeekStands.com , a subsidy of Ace Division Inc.). GeekStands.com and its associated services (collectively, the “Website”) are provided by GeekStands A subsidy of Ace Division Inc. a USA Texas corporation (“GeekStands”). Throughout the Website, the terms “we”, “us” and “our” refer to GeekStands. GeekStands offers this website, including all information, tools, services, and products available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Website, creating a User Account, and/or purchasing something from us, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms,” or “Agreement”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read this Agreement carefully before accessing or using our Website. By accessing or using any part of the site, you agree to be bound by this Agreement, and your use of our Website is expressly made conditional upon your acceptance of the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website, purchase products from the Website, or use our Services.
Any new products, and any new web features or tools, which are added to the current Website will also be subject to the Terms in this Agreement. You can review the most current version of this Agreement at any time on this page. We reserve the right to update, change, or replace all or any part of the Terms of this Agreement by posting updates and/or changes to our Website. Upon any update or change to this Agreement, we will provide notice to you via email, if your email address is on file with us. If your email address is not on file with us, or if you have opted out of email communications from us, it is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes your manifestation of assent to and acceptance of those changes.
GeekStands hereby incorporates its Privacy Notice Las if fully restated herein. You must review GeekStands’s Privacy Notice to understand what personal and personally identifiable information GeekStands may collect from you when you use the Website, create a User Account, and/or purchase products from the Website, and how GeekStands may use that personal or personally identifiable information.
NOTICE OF ARBITRATION. THIS TERMS OF SERVICE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT APPLIES TO ALL CLAIMS EXCEPT FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT OR THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. EXCEPT AS OTHERWISE STATED UNDER THE TERMS OF THIS AGREEMENT, AND IF YOU DO NOT OPT-OUT OF ARBITRATION AS SET FORTH BELOW, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND GEEKSTANDS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.
A1. User Eligibility. The Website is open to use to those who are age eighteen (18) or above. By using the Website and otherwise engaging in our Services, you warrant that you are age eighteen (18) or above, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website on behalf of a business entity or other third party, you warrant that you express actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity. You further warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement.
You may create a User Account by registering your name, providing certain information about yourself, and creating a password. You agree that you will provide complete, current and accurate information about yourself as requested, and that you will keep that information up to date. You are responsible for safeguarding the confidentiality of your username and password that you use to access your member account on the Website. You agree not to disclose your username or password to any third party. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You will immediately notify GeekStands of any unauthorized use of your account on any of our Website.
A2. Intellectual Property Rights. The Website and its associated trademarks and content are owned and used by GeekStands, including, but not limited to, GeekStands’s trademarks: GEEKSTANDS ™, Ace Division Inc™, Fat Toad™, Griffin™.
Any use of the Website, its associated trademarks, or its content without the prior written approval of GeekStands is prohibited. The selection, arrangement, and layout of the Website is the sole and exclusive property of GeekStands, and any unauthorized copying, public display, public performance, distribution, or derivation, whether in whole or in part, is expressly prohibited.
A3. User Generated Content. GeekStands may provide you with the ability to upload, contribute, or transmit user-generated content to or through the Website including, but not limited to, product reviews (“User Feedback”). You may also send certain specific submissions per our request (for example, contest entries or promotional submissions) or, if without a request, you may send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (“User Comments”) (User Feedback and User Comments are collectively “User-Generated Content”).
You warrant that your User-Generated Content will not (i) violate any law, statute, regulation, or ordinance, whether local, state, provincial, national, or international, (ii) violate any term or condition of this Agreement, or (iii) violate the rights of third parties, including intellectual property rights and any other personal or proprietary rights.
By submitting User-Generated Content to GeekStands, you grant us a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User-Generated Content for the customary and intended purposes of the Services. By submitting User-Generated Content to GeekStands, you waive all moral rights or rights of publicity or privacy with respect to the User-Generated Content submitted to GeekStands. When posting User Feedback to the Website, you warrant that your User Generated Feedback will be accurate, truthful, non-deceptive, and complete.
You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any User Comments that you forward to us. We are and shall be under no obligation (1) to maintain any User Comments in confidence; (2) to pay compensation for any User Comments; or (3) to respond to any User Comments.
GeekStands assumes no responsibility, and cannot be held liable for, User-Generated Content or the conduct of any users that submits User-Generated Content to GeekStands.
A4. Acceptable Use Policy. When you use the Website, you agree to use it only for its customary and intended purposes and as permitted by the terms of this Agreement and any applicable law, regulation, statute, or ordinance. Additionally, you agree that you are responsible for any breach of your obligations under the terms of this Agreement and for any losses suffered by GeekStands for such a breach, including, but not limited to, monetary damages, costs, and attorneys’ fees. You are expressly prohibited from using the Website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from:
Attempting to access the Website other than through a standard web browser unless you have been permitted to do so by GeekStands through a separate, written agreement (this restriction does not apply to search engines that comply with GeekStands robots.txt file);
Accessing or attempting to access the Website through automated means (this restriction does not apply to search engines that comply with GeekStands robots.txt file);
Circumventing the technological protection measures of the Website;
Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties;
Disrupting or otherwise interfering with the Website or its associated servers or networks;
Scraping, reproducing, republishing, selling, reselling, duplicating, or trading the Website or its content;
Diverting or attempting to divert customers of the Website to another website or service;
Sending unsolicited or unauthorized communications to users of the Website or third parties;
Transmitting content to the Website that is false, inaccurate, misleading, tortious, defamatory, vulgar, obscene, libelous, invasive, hateful, or otherwise objectionable;
Reverse engineering, decompiling, translating, or disassembling the Website or its content; and
Encouraging or assisting any other party to do anything in violation of the terms of this Agreement.
GeekStands reserves the right to modify, amend, or terminate the Website or its associated content at any time and without prior notice. GeekStands also reserves the right to refuse service or access to the Website to any person or business entity at any time and without notice.
A5. Pricing and Product Availability. Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and may not be able from time to time. Most products displayed on this Website can be ordered and delivered within the U.S. as well as overseas. In the event that you place an order that cannot be delivered overseas in whole or part, you will be notified via email.
We have made every effort to display as accurately as possible the colors and images of our products that appear on our Website. We cannot guarantee that your computer monitor's display of any color will be accurate.
All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of GeekStands. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.
All prices quoted on this Site are in U.S. Dollars. Company has no control over and makes no guarantees with regard to exchange rates and fees that may be used by financial institutions outside the continental U.S. for orders placed through them.
A6. Product Use. All of the products purchased from us should be used in accordance with the manufacturer’s instructions, precautions, and guidelines. Parents or legal guardians of all minors should consult the minor’s physician prior to allowing their minor child to use products or services from GeekStands. Reference to or presentation or sale of any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by GeekStands.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
A7. Ordering and Payment. Payment for all orders placed through the Website must be made at the time of ordering. You understand and agree that the prices quoted on the Website are an invitation to deal and that no contract will be formed between you and GeekStands until GeekStands accepts your invitation to deal by performance, specifically, by shipping the ordered goods. Pricing errors will not constitute a contract between you and GeekStands, and GeekStands strives to quickly correct any pricing errors on the Website when discovered. All costs and fees are quoted and payable in United States Dollars and you acknowledge and agree that GeekStands is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by GeekStands payment processor. You agree that you will not initiate any chargebacks to GeekStands unless otherwise authorized by GeekStands in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against GeekStands.
It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to any item purchased through our Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
A8. Taxes. You agree that You will pay all taxes assessed by governmental bodies, whether local, state, provincial, national, or international, associated with your use of and/or purchase of goods through the Website. GeekStands will report as income all payments received from you to GeekStands to all proper taxing authorities.
A9. Shipping. GeekStands ships across the United States and Canada. Shipping rates will be calculated at checkout. Customs & duty fees are not included at the time of checkout. For more details regarding GeekStands’s shipping practices and current rates, please visit our Shipping Information webpage, which is incorporated into this Agreement in full.
Title and risk of loss for any purchases pass to you upon our delivery to our carrier.
A10. Refunds and Exchanges. For more details regarding our return and exchange policies, please see our Returns, Exchanges and Warranty webpage, which is incorporated into this Agreement in full.
A11. Accuracy of Billing and Account Information. GeekStands reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
A12. No Medical Advice. The content of this Website, including but not limited to text, graphics, images, information obtained from third parties, software, and other material contained on the Website (the “Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.
A13. Third-Party Websites. You acknowledge and agree that the Website may contain links to third-party websites or content that GeekStands does not own or control. You are advised to review the terms and conditions of any third-party websites or content linked to through the Website, and you agree that GeekStands will not be responsible for websites not under the ownership or control of GeekStands.
A14. Errors and Omissions. Occasionally there may be information on our Website or our packaging that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. GeekStands reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
A15. Term and Termination. The term of this Agreement will begin upon your first accessing of the Website and will continue until the earlier of the following: (i) GeekStands terminates your access to the Website; or (ii) you cease using the Website. GeekStands reserves the right to terminate the Website or your access to the Website in its sole and absolute discretion and without prior notice.
A16. Disclaimer of Warranties and Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT GEEKSTANDS WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS’ FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND IN ACCORDANCE WITH THESE TERMS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF GEEKSTANDS ARISING OUT OR IN CONNECTION WITH THE PROVISION OF OR FAILURE TO PROVIDE ANY PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID BY YOU FOR SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.
ALL GEEKSTANDS PRODUCTS COME WITH A MINIMUM 1-YEAR WARRANTY. PLEASE SEE INDIVIDUAL PRODUCT LISTINGS FOR SPECIFIC WARRANTY LENGTH. THIS IS A LIMITED WARRANTY THAT THE PRODUCT IS FREE FROM DEFECTS IN MATERIALS AND MANUFACTURING. THE WARRANTY EXCLUDES NORMAL WEAR AND TEAR, UNAUTHORIZED ALTERATIONS, IMPROPER USE OR CARE, OR FROM ACCIDENTS (E.G., DROPPING ON HARD SURFACE CAUSING BREAKAGE). SOME OF OUR PRODUCTS NEED SPECIAL CARE AND CAN BECOME DAMAGED DUE TO SHARP OBJECTS, WATER, OR IRREGULAR USE. PLEASE CONTACT US FOR MORE INFORMATION.
THE WARRANTY IS LIMITED TO REPLACEMENT OF THE PRODUCT. IF A REPLACEMENT IS NOT AVAILABLE A REFUND EQUAL TO THE PURCHASE PRICE WILL BE ISSUED.
EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS INCLUDING BUT NOT LIMITED TO THOSE LISTED IN SUBSECTION 17.B ABOVE, THE PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GEEKSTANDS, AND THEIR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF GEEKSTANDS OR ANY OF ITS EMPLOYEES, AGENTS, REPRESENTATIVES, DISTRIBUTORS OR OTHER THIRD PARTIES, SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.
GEEKSTANDS WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE.
A17. Choice of Law and Stipulation to Jurisdiction.
You and GeekStands agree that any dispute arising out of or related to this Agreement or your use of the Website, including, but not limited to, your purchase of goods through the Website, will be governed by the laws of Tyler, Texas USA, without regard to its conflict of laws rules. Specifically, the validity, interpretation, and performance of this Agreement will not be governed by the United Nations Convention on the International Sale of Goods. Except for claims that may be brought in small claims court, claims of intellectual property infringement, or claims for injunctive relief by either party, you and GeekStands agree that any dispute or controversy arising out of, in relation to, or in connection with this Agreement, your use of any products purchased through the Website, or your use of the Website including, without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise), or disagreements concerning the existence, breach, interpretation, application, or termination of this Agreement, will be resolved by final and binding arbitration at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by the American Arbitration Association (“AAA”) under the then in force Commercial Arbitration Rules by one arbitrator appointed in accordance with such rules. Such arbitration will be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of the arbitration hereunder, AAA will appoint the arbitrator.
This arbitration will be conducted in the English language. The decision of the arbitrator will be final and binding on the parties and judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section will prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE USE OF THE WEBSITE, OR THE PURCHASE OR USE OF PRODUCTS FROM OR THROUGH THE WEBSITE, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU AND GEEKSTANDS EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.
Any claims must be brought within one year of each applicable purchase or will otherwise be barred.
Any claims not subject to arbitration under this Agreement must be brought in Tyler, Texas USA and will be governed by the laws of Tyler, Texas USA, without regard to its conflict of laws rules. By using the Website and agreeing to these terms, you waive any argument regarding improper venue.
A18. Force Majeure. GeekStands will not be responsible for any delay or failure in performance of the Website or its associated products arising out of any cause beyond GeekStands’s control, such as acts of God, war, riots, fire, terrorist attacks, pandemics, power outages, severe weather, or other accidents.
A19. Survivability. The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement or the Website, including, but not limited to, your duty to indemnify and defend GeekStands.
A20. Interpretation. This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.
A21. Assignment. You are expressly prohibited from assigning your rights and duties under this Agreement. GeekStands reserves the right to assign its rights and duties under this Agreement, including in a sale of GeekStands or its Website.
A22. Waiver and Integration. No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties.
3.1) When you make a purchase or transaction with Ace Division or its subsidiaries (Geekstands), you are agreeing to all terms listed on the auction. We are not responsible if you do not read the complete terms and conditions at the time of the sale. If you do not agree to all terms as stated in this listing or online site, then by all means, do not buy from us!
3.2) You must supply us with your correct and current street address. We will not be responsible for shipping fees if you supply us with an incorrect shipping address. If we receive a package returned from the carrier due to incorrect address, you will be responsible for rendering a double re-ship fee (20% of order total) incurred by having the new item sent back to the buyer as figured & stated below, as we are billed for not only shipping to your incorrect address but we are also charged for return shipping fees as well. If your package is being held by the carrier due to incorrect shipping address, and you want us to call the carrier and correct the address, you will need to pay an additional redirect fee in the same amount the carrier currently charges plus $1 handling fee. If you contact us before or after the sale to change your shipping address from what is stated on your order, then we will do our best to change the order for you, but we cannot guarantee or be held responsible for shipping costs if your order is shipped to the address you supplied to us with your original order. We can only guarantee and be responsible for shipping your order to the address that you stated on your order. Furthermore, if you need us to later resend you a package related directly to your original order such as the following examples: a return re-ship & exchange, replacement part, RMA order, etc., know that we will ship this additional order to the address shown on your original order. We will not ship to the changed address you provided after the original purchase. We will view your original order and ship to that shown address.
3.3) It is the buyer’s responsibility to make sure that all of your state, federal, national, local, and or city laws and ordinances allow the use of the product you are purchasing.
3.4) If you are dissatisfied with your product, you must contact us BEFORE posting online negative feedback, and we will do everything as promised in the terms and conditions to solve the problem. If you choose to go ahead and leave negative feedback, all warranties, exchange and refund terms of the agreement are null and void until you retract your feedback. In other words, if you would like us to fix the problem, do not leave negative feedback and then demand a solution.
3.5) If your package is lost in transit, we should be able to re-ship your package out within 3 business days once we have confirmed with the shipping company that it has been lost. However, if the carrier cannot confirm directly with us that your package was lost in transit and if your shipment has been in transit by the carrier company for more than 16 business days and has not been scanned within the last 14 business days, we will reship your order back out to you. If we decide your destination zone is a high-risk area for lost packages, we may decide to issue you a full refund and cancel the order. Although extremely rare, cases this sometimes occurs with larger packages that are shipped during peak shipping seasons with USPS Parcel Post, USPS International, UPS SurePost and FedEx Smart post.
3.6) In the rare event of damage due to shipping, the customer must accept the item and must not refuse delivery of the package. If you refuse the delivery, you may be required to submit a re-ship fee which will be calculated at 10% of order total if returned by USPS, or 20% if returned by UPS/Fedex. Once the customer has inspected the item, and has identified the damaged parts, then he/she should contact us to receive the exchanges for the defective part(s) (see "Warranty" terms for instructions). The customer also has the option to file a damaged report claim against the shipping company under their name. If you file a damage report claim with the shipping carrier, do not let the shipping carrier remove the product from your possession without our expressed written consent.
3.7) If the buyer receives the incorrect product by mistake, we will issue the buyer a pre-paid FedEx, USPS or UPS return label by an email attachment. The buyer will be required to send us a picture of the item you received by email so that we can confirm you did receive the wrong item. The item the buyer received must be obviously an incorrect item or grossly misrepresented. Grossly misrepresented is defined as an item(s) that are completely different from the pictures, descriptions, and terms and conditions stated here. Grossly misrepresented items are not items that the buyer claims are a different shade of color, or have a defect or blemish (see complete terms and conditions 3.11 for those issues and complete details). Ultimately, the determination of an item being grossly misrepresented and the decision to issue the buyer a pre-paid return label is up to Ace Division or its subsidiaries or agents. If the buyer is issued a pre-paid return label, the buyer must be able to open the attachment from their email and print out the label using a standard printer. The buyer must use the same packaging and drop off the package to any FedEx, UPS or USPS authorized ship center. Ace Division or its subsidiaries will not include or pay for carrier pick-up trip charges to come to the buyer’s location to pick up the package.
3.8) Ace Division or its subsidiaries, agents, or employees shall not be directly or indirectly responsible for any losses to the customer as a result of the failure of any part, including incidental or consequential loss or damage arising from injury, loss of use, loss of time, rental vehicles, loss of profits, or loss of income. Our maximum liability in any event including but not limited to if your order is unavailable, or is lost or is damaged by us, or is subject to any other valid or legal claim, shall be to provide a refund of the purchase price for that specific item (upon return of the order if delivered). We shall have no other obligation or liability to the buyer. If buyer brings a legal action against Ace Division and its subsidiaries or agents, buyer shall be obligated to pay our reasonable legal costs and attorney fees. In the event of any claims or disputes of any kind, buyer agrees to submit any such legal claims or disputes to arbitration in Smith County, Texas due to jurisdiction and law regulations pursuant to the arbitration of claims and disputes provision set forth in these stated terms and conditions. You are agreeing that the complete sell of any merchandise you buy from Ace Division and its subsidiaries, employees or agents is completely in Smith County Texas.
3.9) Prices and availability of products and services are subject to change without notice. Note that we reserve the right and have the freedom to change our prices, including raising and lowering prices, at our own discretion at any time and for any reason. When you make your purchase, you agree to buy this product for the price stated in the listing at that very date and time. Prices are determined by current supply and demand. If we lower prices even one minute after you purchase an item, we will not issue a partial refund. On the other hand, if we increase an item’s price, we will not sell you the item at the previously lower price. Likewise, when we choose to increase our prices, we will not later bill previous customers for the increased price difference. You agree to the price shown the instant you make your purchase. If you demand either a partial refund or a price other than currently listed, we will respond only by copying this paragraph from these Terms & Conditions.
3.10) There are no agreements or warranties, expressed or implied including warranties of merchantability or fitness for a particular purpose, other than those stated in this agreement.
3.11) The buyer understands and agrees that they will not be shipped or sold the exact product that is shown in the photos. The products shown in the photos are only of our demo models. We try to keep our stock pictures and product images up to date, but sometimes there are modifications made by the manufacturer with or without notice. Keep in mind these modifications are decided only by the factory to improve production, safety, performance, quality and/or cost control. The product(s) shown on the image listing might not be exactly the same product(s) in which you receive. Differences in the image shown in the listing and the actual product you receive may include but not limited to, a change in cosmetic style or assembly design, parts made out of different material and/or shape, darker/lighter or different shade of color than shown in the picture, different texture or color pattern design, and or size ratio or appearances as portrayed in the photos.
3.11a) Please note that drums shown on this site will show a color pattern and design in the photos. The color pattern and design of the drum that you will receive will be different then what is shown. This is because all drum designs cannot be made identical to one another.
3.11b) You will only receive the product that is shown and stated specifically for sale in the listing. Your purchase does not include anything else shown in the photos such as props being used in the photos with the product being sold, backgrounds, people, or any other special equipment or objects that was not specifically stated for sale in the offering or listing.
3.12) Specifications are supplied by manufacturer and have been independently tested by Ace Division or its subsidiaries or agents at random intervals only. Based on factory changes and modifications, buyer assumes and accepts that all sizes, dimensions, and weights stated on all listings may have an 8% plus or minus differential in the actual product that will be sold or received. To confirm exact measurements, it is the buyer’s responsibility to email us before purchase.
3.12a) The buyer understands and agrees that the specifications, features, and description that are being advertised are only under OPTIMAL or ideal use and set up. Products with adjustable dimensions, and or special features might not perform as advertised under certain adjustment settings. For example, a tripod stands advertised weight load will decrease as the user raises the stands adjustment higher. At the same time, the advertised weight load of the tripod stand will decrease as the user folds in the legs closer to reduce floor space. Therefore, the optimal or ideal setting to achieve the advertised weight load and stated performance of the product would be to assemble the tripod stand at the shortest setting with the legs spread all the way out. Furthermore, a product with multiple levels of adjustments or features might not be able to achieve all the advertised measurements at the same time. For example, a product with two or more adjustable sizes which include its depth, height, and/or but not limited to width, might not be possible to achieve all its advertised measurements at the same time. Depending on the type of product, this might be due to the fact that the more the user increases the width adjustment the more the depth of another measurement decreases or vice versa. Ultimately it is the buyer’s responsibility to understand how the product works, functions, adjusts, assembles, measures and performs under different adjustment settings and optimal or stressed conditions.
3.13) Ace Division and its subsidiaries or agents are not responsible for typing errors in email correspondence by any of our agents. Buyer represents and agrees that no verbal agreements, email communication or representations have been made or relied upon by the buyer for any purposes. No verbal representations or email communication of any kind shall be of any force or effect. For the most accurate information, please relate to this listing or these terms and conditions.
3.14) We do not guarantee delivery time or specific date for your order due to weather conditions and third party carrier’s ability to deliver the package unless it is specified in this listing. We only guarantee that your package will be shipped within 5 business days (unless otherwise stated), providing that the customer has supplied us with all the sufficient information and funds to ship the order.
3.15) Your original payment does not include any additional shipping features offered by the shipping carrier that is not stated here in the terms and conditions (for example signature required services). If you would like to add a signature required service to your order, you must submit a $5 payment through PayPal to our email address within 30 minutes after your original payment. Include in the title of your PayPal payment “Signature Required Upgrade.”
3.16) Ace Division or its subsidiaries are not responsible for stolen packages once your item is delivered. If a package is delivered to you or on your property, and it is stolen, it is your responsibility to put a trace out on the package from the shipping company, or contact the local authority or your insurance provider to report a theft or claim loss.
3.17) Errors will be corrected where discovered, and Ace Division and its subsidiaries reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your payment cleared.
3.18) Unless otherwise stated, all products sold by Ace Division and its subsidiaries are made in China.
3.19) To save on our "Multiple purchases to save you on shipping" (if applies) discount or combined shipping discount, the items purchased must be purchased within 1 hour of each other.
3.20) Business days include Mondays through Fridays only and also are not considered during the following holidays: New Year's Day, Martin Luther King Jr's Birthday Observed, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.
3.21) The product that you are purchasing may or may not require assembly, initial adjustments and/or regular adjustments required to use that product. The customer or recipient of the item(s) must have basic knowledge of how the purchased item(s) functions as well as knowledge of how to use any tools required to assemble, operate, and make all adjustments to the product. Additional tools may not be included to assemble or use the product. Note that not all adjustments will be the same for all customers due to different measurements of applications being used with the products and/or different tension settings that each individual customer prefers. If you have questions concerning assembly, adjustments, or additional tools needed for the use of the purchased item(s), please contact us prior to making your purchase.
3.22) From time to time, we reuse shipping boxes and product carton boxes to ship orders. In doing so, we keep our costs and, therefore, prices as low as possible for our customers. Note that reusing boxes does not affect the possibility of your item being damaged in transit, nor does not mean that your item was a customer return/used item. In most cases, all orders are double boxed anyway, thereby protecting the actual item purchased.
3.23) It is the buyer’s ultimate responsibility to make sure the product that they are purchasing is compatible, fits or works with their independent equipment, room size, gear or any other items or property that they intend to use in conjunction with. Ace Division or its subsidiaries does not guarantee its products being sold or offered will be compatible with the customer’s products which may include all different types and brands including but not limited to unknown or custom equipment.
3.24) Any communication you receive from Ace Division or its subsidiaries and agents about products or services being offered will only be considered accurate for up to 48 hours after the time being sent.
41.0) ADA & COPYRIGHT STATEMENT
Please see www.geekstands.com/pages/ada-copyright-statement for details.
General - GeekStands.com strives to ensure that its services are accessible to people with disabilities. GeekStands.com has invested a significant amount of resources to help ensure that its website is made easier to use and more accessible for people with disabilities, with the strong belief that every person has the right to live with dignity, equality, comfort and independence.
Accessibility on GeekStands.com - GeekStands.com changed website platforms in 2021 so that we could build a new website allowing GeekStands.com to improve its compliance with the Web Content Accessibility Guidelines (WCAG 2.1). We are in full support of the Americans with Disabilities Act. In addition, GeekStands.com makes available the UserWay Website Accessibility Widget that is powered by a dedicated accessibility server. The software allows GeekStands.com to improve its compliance with the Web Content Accessibility Guidelines (WCAG 2.1).
Enabling the Accessibility Widget - The GeekStands.com accessibility menu can be enabled either by hitting the tab key when the page first loads or by clicking the accessibility menu icon that appears on the lower left corner of the page. After triggering the accessibility menu, please wait a moment for the accessibility menu to load in its entirety.
Disclaimer - GeekStands.com continues its efforts to constantly improve the accessibility of its site and services in the belief that it is our collective moral obligation to allow seamless, accessible and unhindered use also for those of us with disabilities. In an ongoing effort to continually improve and remediate accessibility issues, we also regularly scan GeekStands.com with UserWay's Accessibility Scanner to identify and fix every possible accessibility barrier on our site.Despite our efforts to make all pages and content on GeekStands.com fully accessible, some content may not have yet been fully adapted to the strictest accessibility standards. This may be a result of not having found or identified the most appropriate technological solution.
Here For You - If you are experiencing difficulty with any content on GeekStands.com or require assistance with any part of our site, please contact us during normal business hours as detailed below and we will be happy to assist.
Contact Us - If you wish to report an accessibility issue, have any questions or need assistance, please contact GeekStands.com Customer Support as follows:
Email: support@geekstands.com
Phone: (903) 483-2761
Please note, our company does not have a storefront that is open to the public, which under guidance from the U.S. Department of Justice exempts this website from the ADA
