Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
FULL REFUND WITHIN 30 DAYS OF ORIGINAL PURCHASE
If for any reason you are not completely satisfied with your product, we will gladly exchange it or give you a hassle-free refund, excluding freight, within 30 days of original purchase. Applies to all our carrying cases sold online.
The retail cost of any missing components (e.g., foam inserts, accessories) will be deducted from the refund amount. Make sure to send your item freight pre-paid and to use the original packaging to ensure the product arrives in good condition. All returns must be in like new condition (no scratches, dents, etc.) CaseCruzer has the final decision whether the item(s) can be returned for full refund based on the conditions outlined above.
Returns are subject to a re-stocking charge. 25 % re-stocking applies to all non-stock items.
CUSTOM / BUILT TO ORDER CASES OR WITH CUSTOM FOAM INTERIORS:
Please verify that the Custom Case, Built to order case or foam product will meet your requirements and shipping regulations before ordering. THESE CASES CANNOT BE RETURNED.
Defective merchandise may be returned for replacement or repairs. Please contact our Customer Service Department at (800) 440-9925 ( USA ) or 909-613-1547 for return authorization number (RMA) before shipping your merchandise.
Make sure to send your item freight pre-paid and to use the original packaging to ensure the product arrives in good condition, and to include a copy of the packing list or invoice, this will facilitate that your problem is handled quickly and to your complete satisfaction.
Delivery dates are quoted in good faith, but are not guaranteed. We cannot assume any risk or liability for delay or non-fulfillment of shipments due to acts of God, war, strikes, breakdowns, fires, government orders, or other causes beyond our control.
A refund or credit will be given only for the portion of the transportation charges applicable to those packages in the shipment as to which there was a package timely delivery failure by FedEx or UPS.
Please remember: FedEx, UPS and other carriers will not refund or give credit of any kind as a result of, any loss, damage, delays, or failure to deliver the merchandise caused by or resulting in whole or in part from:
Damage or loss of articles and the recipient accepts the shipment without noting the damage on the shipper’s delivery record.
The buyer's failure to provide accurate delivery address information.
Shipments released without obtaining a signature if a signature release is on file.
The shipment was undeliverable or returned or the shipment was delayed due to an incorrect address or ZIP code or the unavailability or refusal of an appropriate person to accept delivery or sign for the package.
You agree that our entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to any CaseCruzer product or service(s) provided under this agreement and/or for any breach of this agreement is solely limited to the amount you paid for such products or service(s) during the term of this agreement. In no event shall Casecruzer, its suppliers and contractors (including third parties providing products or services as part of the service from CaseCruzer) be liable for any indirect, incidental, special or consequential damages even if CaseCruzer has been advised of the possibility of such damages. To the extent that a state does not permit the exclusion or limitation of liability as set forth herein CaseCruzer's liability is limited to the extend permitted by law in such sates.
CaseCruzer, its suppliers and contractors will not be liable for any indirect, punitive, incidental or consequential damages, loss of income or profit, or special damages, regardless of whether a claim for such damages is based on warranty, contract, negligence, product delays, misdelivery, non-delivery, failure to provide information or otherwise, loss or liability resulting from acts of god; loss or liability resulting from errors, omissions, or misstatements in any and all information of our product(s) or service(s) provided under this agreement; loss or liability as a result of the application of our dispute policy.
MODIFICATIONS TO OUR TERMS & CONDITIONS:
Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that CaseCruzer reserves the right to unilaterally modify, amend, change, including, but not limited to, prices, services, features of service, and these Terms and Conditions without notice. Any such revision or change will be binding and effective after posting of the revised Terms and Conditions or change to the service(s) on CaseCruzer Web site, or upon notification to you by e-mail or United States mail. You agree to periodically review our Web site, including the current version of these Terms and Conditions available on our Web site, to be aware of any such revisions. By continuing to purchase CaseCruzer products and services after any revision to this Agreement or change in service(s), you agree to abide by and be bound by any such revisions or changes. We are not bound by nor should you rely on any representation by (i) any agent, representative or employee of any third party that you may use to apply for our services; or in (ii) information posted on our Web site of a general informational nature. No employee, contractor, agent or representative of CaseCruzer is authorized to alter or amend the terms and conditions of this Agreement.
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement; this Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.
You and CaseCruzer agree that any disputes related to the products and services provided under this Terms and Conditions shall be governed in all respects by and construed in accordance with the laws of the State of California , United States of America , excluding its conflict of laws rules. We each submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the Superior Court of California, County of San Bernardino . If there is no jurisdiction in the Superior Court of California, County of San Bernardino , then jurisdiction shall be in the United States District Court for the Southern District of California.
The parties hereby waive any right to jury trial:
You will not have the right to a trial by jury with respect to any action brought in connection with this Agreement and your claim shall be resolved by binding arbitration, administered in accordance with the American Arbitration Association's Commercial Arbitration Rules, including, when appropriate, its Procedures for Large, Complex Commercial Disputes. These Rules, as amended from time to time, are available on the Web at www.adr.org. You agree to pay all filing and other administrative fees necessary to initiate any such arbitration, subject to the right of the arbitrator to reallocate and assess such fees against other parties to the arbitration in accordance with the Arbitration Rules applicable to the proceedings.
No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of CaseCruzer. The remedies of CaseCruzer under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of CaseCruzer - CPD Industries. The collective work includes works that are licensed to CaseCruzer - CPD Industries. Copyright 2003, CaseCruzer - CPD Industries ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with CaseCruzer - CPD Industries or purchasing CaseCruzer - CPD Industries products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with CaseCruzer - CPD Industries or to purchase CaseCruzer - CPD Industries products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by CaseCruzer - CPD Industries. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of CaseCruzer - CPD Industries used in the site are trademarks or registered trademarks of CaseCruzer - CPD Industries
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, CaseCruzer - CPD Industries disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. CaseCruzer - CPD Industries does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. CaseCruzer - CPD Industries does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
CaseCruzer - CPD Industries shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if CaseCruzer - CPD Industries has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a CaseCruzer - CPD Industries product is mistakenly listed at an incorrect price, CaseCruzer - CPD Industries reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. CaseCruzer - CPD Industries reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, CaseCruzer - CPD Industries shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by CaseCruzer - CPD Industries without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
CaseCruzer - CPD Industries may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to CaseCruzer - CPD Industries.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of CaseCruzer - CPD Industries products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of CaseCruzer - CPD Industries products) must be commenced within one (1) year after the claim or cause of action arises. CaseCruzer - CPD Industries's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. CaseCruzer - CPD Industries may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a CaseCruzer - CPD Industries or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
CaseCruzer - CPD Industries does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, CaseCruzer - CPD Industries is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, CaseCruzer - CPD Industries reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to CaseCruzer - CPD Industries in its sole discretion.
You agree to indemnify, defend, and hold harmless CaseCruzer - CPD Industries, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, CaseCruzer - CPD Industries may link to sites operated by third parties. However, even if the third party is affiliated with CaseCruzer - CPD Industries, CaseCruzer - CPD Industries has no control over these linked sites, all of which have separate privacy and data collection practices, independent of CaseCruzer - CPD Industries. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, CaseCruzer - CPD Industries seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).