Terms & Conditions
This web site, including any subsite accessible through the homepage, (collectively, the "Site") is published and maintained by subsidiaries, affiliates and/or related entities of SMTVYS LLC. Please note that when you enter any subsite accessible through the homepage, such subsite may have its own terms and conditions of use that are specific to such subsite. When you access, browse or use this Site you accept, without limitation or qualification, the terms and conditions ("Terms and Conditions") set forth below and any additional terms and conditions set forth in any subsite. SMTVYS LLC reserves the right to modify, change, alter or otherwise edit these Terms and Conditions at any time by updating this posting and such changes will become immediately effective upon such posting. Your continued use of the Site will bind you to such revisions and you should therefore periodically visit this page to review the then current Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Site. For your information, this page was last updated on February 26, 2018.
USE OF THE SITE:
You may not distribute, exchange, modify, sell, or transmit anything you copy from this Site, including but not limited to any text, images, audio or video, for any business, commercial or public purpose. If you comply with these Terms and Conditions, SMTVYS LLC grants you a non-exclusive, non-transferable, limited right to enter, display and use the Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any manner whatsoever.
All materials on the Site, including but not limited to images, software, audio, text and video clips (the "Content"), are protected by copyright under U.S. copyright law, international conventions and other copyright laws. All Content is owned or licensed by SMTVYS LLC. You cannot use the Content, except as specified herein. Any unauthorized use of the Content may violate, without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may view and download the Content for your own personal, non-commercial use, if you retain all copyright and other proprietary notices contained in the Content or on any copies of the Content. You may not change the Content in any way or reproduce, publicly display, distribute or otherwise use the Content for any public or commercial purpose. Any use of the Content on any other web site or networked computer environment for any purpose is prohibited.
SMTVYS LLC trademarks, logos, and service marks and those trademarks, logos, and service marks licensed to SMTVYS LLC (collectively, the "Trademarks") displayed on the Site, including but not limited to the SMTVYS LLC logo, are registered and unregistered marks of SMTVYS LLC. All other trademarks, trade names, product names, service marks and all other non- SMTVYS LLC marks are the property of their respective owners. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of SMTVYS LLC. or such third party that may own other trademarks displayed on the Site.
Personal identification information:
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the siteplace an orderfill out a form and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information,
Users may, however, visit our Site anonymously.
We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information:
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies:
How we use collected information:
SMTVYS LLC collects and uses Users personal information for the following purposes:
To process transactions
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
To administer a content, promotion, survey or other Site feature
To send Users information they agreed to receive about topics we think will be of interest to them.
To send periodic emails
The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.
How we protect your information:
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
Your acceptance of these terms:
By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
264 N. Nevarez Rd.
El Paso, TX
Sales Terms and Conditions
These terms and conditions govern the sale of Products and provisions of Services by SMTVYS LLC and its Sellers as well as by third party vendors and/or service providers of Seller. These terms and conditions (“Agreement”) take precedence over Buyer’s supplemental or conflicting terms and conditions to which notice of objection is hereby given. Neither Seller’s commencement of performance or delivery shall be deemed or construed as acceptance of Buyer’s supplemental or conflicting terms and conditions. SMTVYS’s failure to object to conflicting or additional terms will not change or add to the terms of this agreement. Buyer’s acceptance or Purchase Order for the Products and/or Services from Seller shall be deemed to constitute acceptance of the terms and conditions contained herein.
3. Taxes: Unless otherwise agreed to in writing by Seller, all prices quoted are exclusive of transportation and insurance costs, duties, and all taxes including federal, state and local sales, excise and value added, goods and services taxes, and any other taxes. Buyer agrees to indemnify and hold Seller harmless for any liability for tax regarding the sale, as well as the collection or withholding thereof, including penalties and interest thereon. When applicable, transportation and taxes shall appear as separate items on Seller’s invoice.
How to Return an Item:
Item(s) must be in original condition to be returned, unless there is a manufacturer defect.
Customer must notify SMTVYS within 30 days of ship date, then return the item within 14 days of receiving a RMA from SMTVYS. To make sure the item is returnable, please follow the steps below:
SMTVYS will provide the Customer with specific instructions on where to mail/return item(s) with the RMA number. In most cases returned items will be shipped to the SMTVYS warehouse located at:
264 N. Nevarez Rd.
El Paso, TX
Attn: Alfredo Salinas
Only products originally shipped from SMTVYS or from an authorized supplier (drop-ship) will be returned to SMTVYS. By a Customer returning products to SMTVYS, the Customer certifies that the products were purchased from SMTVYS and there has been no substitution of the product from another supplier, distributor or other source of the product. The return should be in the original packaging and in unused condition except if approved defective by a SMTVYS sales representative via an RMA.
If the item(s) is in new condition and in the original packaging, you may exchange the item(s) for another item in the first 15 days after ship date. Defective item(s) may be exchanged/returned for the same item.
Customer will not be subject to a restocking fee in this case, but without being a defective item, will still have to pay return shipping and taxes and fees that may be charged for its return (International Shipping/Purchases). Items purchased from SMTVYS that have been used or altered will not be accepted for exchange and as stated in the Non-Cancelable and Non-Returnable items section, items noted as NCNR cannot be exchanged.
Non-Cancelable and Non-Returnable Items:
Some items cannot be returned if they are opened. Customer should contact SMTVYS at (915) 235-8040 or email firstname.lastname@example.org before making a purchase with questions regarding the return policy. Customer should read all messages on the quote before purchasing an item. Products listed as NCNR status (Non-cancelable and Non-Returnable), will be stated on the Cart Page before you complete the checkout process.
Return Freight / Restocking Fee:
Reasonable cancellation may include a restocking fee, this will be deducted from the Customer refund. According to the time the customer places a cancellation, the restocking fee will be calculated, following this cancelation charge table:
o 1 to 5 Days 15% of purchase price
o 6 to 10 Days 50% of purchase price
o 11 to 15 Days 75% of purchase price
o Over 15 Days 100% of purchase price
SMTVYS does not refund the original shipping and handling costs that the Customer paid on the order. Customer must prepay the return freight charges (and taxes if apply); SMTVYS will not accept Collect on Delivery shipments unless specified by SMTVYS.
SMTVYS will notify Customer upon receipt and inspection of returned item(s) and will advise of refund status. Upon approval of return and refund, CDI will initiate a credit within 48 hours to the original method of payment. Credits to credit card can take 10 days to post to the account.
Customer should contact SMTVYS LLC with questions regarding returns. Please contact us.
SAVE AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS (WHETHER STATUTORY OR OTHERWISE) ARE EXCLUDED FULLY PERMITTED BY LAW. SELLER MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND WARRANTIES AGAINST LATENT DEFECTS.
(a) SELLER’S COMPLIANCE WITH BUYER’S DESIGNS, SPECIFICATIONS, OR INSTRUCTIONS,
(b) MODIFICATION OF ANY PRODUCTS BY ANYONE OTHER THAN SELLER, or
(c) USE IN COMBINATION WITH OTHER PRODUCTS.
13. General: (a) The laws of the State of Texas will exclusively govern any dispute between Seller and Buyer, (b) Buyer may not assign this Agreement without the prior written consent of Seller. Seller or its affiliates may perform the obligations under this Agreement. This Agreement is binding on successor and assigns, (c) Products, including software or other intellectual property, are subject to any applicable rights of third parties, such as patents, copyrights and/or user licenses.