TERMS AND CONDITIONS
Welcome to BatteryClerk. BatteryClerk is being made available to you subclickject to our Terms and Conditions. Please read them carefully. We reserve the right to revise these Terms and Conditions from time to time as we see fit. As such, you should check these Terms and Conditions periodically.
Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site.
Please review our Privacy Notice, which also governs your visit to BatteryClerk, to understand our practices. To the extent there is a conflict between the terms of the Privacy and Security Policy and the Terms and Conditions, the Terms and Conditions shall govern.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of BatteryClerk or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of BatteryClerk and protected by U.S. and international copyright laws. All software used on this site is the property of BatteryClerk or its software suppliers and protected by United States and international copyright laws.
BatteryClerk and other marks which may or may not be designated on the Site by a “™” “®” “SM” or other similar designation, are registered, pending or unregistered trademarks or service marks of BatteryClerk, in the United States and other countries. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of BatteryClerk. BatteryClerk's trademarks and trade dress may not be used in connection with any product or service that is not BatteryClerk's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BatteryClerk. All other trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BatteryClerk.
You may not download (other than page caching) or modify the Site or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Site or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BatteryClerk or its Associates without our express, prior written consent. You may not use any Meta tags or any other "hidden text" utilizing our name or trademarks without our express, prior written consent.
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. BatteryClerk does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use BatteryClerk only with involvement of a parent or guardian. BatteryClerk reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
CONSENT TO OUR COMMUNICATION WITH YOU BY E-MAIL
By establishing a My Account with us, and each time you make a purchase through our Site, you grant permission for BatteryClerk to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to us at optout@BatteryClerk or follow the opt-out procedures set forth in such marketing emails.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. BatteryClerk reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant BatteryClerk a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant BatteryClerk and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify BatteryClerk for all claims resulting from content you supply. BatteryClerk has the right but not the obligation to monitor and edit or remove any activity or content. BatteryClerk takes no responsibility and assumes no liability for any content posted by you or any third party.
BatteryClerk is not responsible for the content of any sites that may be linked to or from BatteryClerk or any bulletin board associated with BatteryClerk. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the BatteryClerk is independent from us, and we have no control over the content of that other website. In addition, a link to any other web site does not imply that BatteryClerk endorses or accepts any responsibility for the content or use of such other website.
In no event shall any reference to any third party or third party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.
RISK OF LOSS
All items purchased from BatteryClerk are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Shipments with USPS (United States Postal Service) are not insured. Shipments with Fedex include insurance up to $100 in value. It is your responsiblity to request additional insurance by contacting our customer service department.
BatteryClerk attempts to be as accurate as possible. However, BatteryClerk does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by BatteryClerk itself is not as described, your sole remedy is to return it in unused condition.
PRICES AND AVAILABILITY OF PRODUCTS
Prices and availability of products on the BatteryClerk are subject to change without notice. Errors will be corrected when discovered. BatteryClerk contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on BatteryClerk may be incorrectly priced. BatteryClerk will normally verify prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, BatteryClerk will charge the lower amount when dispatching the Product to you. If a product’s correct price is higher than the price stated on BatteryClerk, BatteryClerk will normally, at BatteryClerk’s discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. BatteryClerk is under no obligation to provide the product to you at the incorrect (lower) price, even after BatteryClerk has sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.
On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that BatteryClerk may cancel your order after you have received an Order Confirmation without penalty.
On very rare occasions, you may receive a Shipping Confirmation from BatteryClerk, but the product is no longer available in BatteryClerk‘s or our third party fulfillment provider’s inventory. You agree that BatteryClerk may rescind our acceptance and cancel your order without penalty if we BatteryClerk are unable to ship the product you ordered due to unavailability.
You agree to the terms of the BatteryClerk Return and Cancellation Policy; click here for additional details.
The term shipping or ship includes the commencement of shipping items in an order for multiple purchases or where the item purchased consists of components that must be shipped separately. For example, your order may consist of (1) several different items, (2) a quantity of the same item, or, (3) a single item with several component parts the size of which might require them to be shipped in separate packages. In all such orders, BatteryClerk endeavors to ship out individual packages together so that they arrive at the same time; however, when that is not possible, BatteryClerk commences shipping by shipping individual packages in the order the soonest they are available and conditions permit. In these instances, our notification to you that your order has shipped, marks the time when shipping has commenced; it does not mean that all items in the order have shipped at that time. All packages sent have a separate tracking number and may be followed on the Order Status page. You agree that credit cards and debit cards are to be charged on the date of inventory reservation for the order, not the date of shipping.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY BatteryClerk ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BatteryClerk MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BatteryClerk DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BatteryClerk DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM BatteryClerk ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BatteryClerk WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting BatteryClerk, you agree that the laws of the state of New Jersey, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and BatteryClerk.
Any dispute relating in any way to your visit to BatteryClerk or to products or services sold or distributed by BatteryClerk or through BatteryClerk in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Bergen County, New Jersey, and you consent to exclusive jurisdiction and venue in such courts.
P.O. Box 400
Ridgewood, NJ 07451-0400