These terms and conditions ("Terms", "Agreement") are an agreement between Viper Stunners Products (“Viper Stunners Products, "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the viperstunners.com website and any of its products or services (collectively, "Website" or "Services").
RETURN POLICY
All returns require proof of purchase. Please include Proof of Purchase with your return when you send it back or your return will not be processed.
Defective product: Products that are found to be defective can be returned for a replacement or credit toward the purchase of other products during the warranty period of that specific product. The warranty period starts on the date of the invoice and ends after the following period:
Please visit viperstunners.com/warranty for details.
All defective returns require a return merchandise authorization number (RMA#). Contact our office for an RMA#, which must be put on the outside of the box. Any returns sent to our warehouse without an RMA # will be refused. The cost to ship the defective product back to Viper Stunners will be paid by the customer. For your protection, we recommend that they be shipped with tracking information and insurance. The cost to ship the replacement product(s) back will be paid by Viper Stunners.
Please test the product(s) before returning to us. Many items shipped back to us as defective work fine; some after doing something as simple as putting in new batteries. If an item is returned to us and found to be working, the customer will have to pay return shipping charges. Also, the item must not show signs of abuse or misuse, and all parts, instructions, and accessories must be included to receive full credit.
EXCHANGE POLICY
We will accept certain (not all) products back for exchange (credit toward the purchase of other products) within 30 days after the date of the invoice with a 20% exchange fee. This does not apply to all our products. Certain items cannot be exchanged. For example, if an item has been discontinued, as announced in our weekly e-mail update, and listed on our website, then we cannot take it back. Call first before shipping the product back to receive an RMA number and to make sure the product is eligible for a credit. Each product returned for exchange must be in its original condition and ready to go back on the shelf or a higher fee may be applied. This includes the item and its packaging. For example, make sure that there are no price stickers (or residue from where they have been removed), or tags on the unit or packaging. All exchanges require a return merchandise authorization number (contact us for an RMA#). The cost to ship the product back to Viper Stunners will be paid by the customer. For your protection, we recommend that they be shipped with tracking information and insurance. The cost to ship the new product(s) will also be paid by the customer.
ADDRESS CORRECTION POLICY
It is very important that we receive a complete and accurate address for all orders to ensure timely delivery and UPS and FedEx charge a fee for any address correction. If we receive an incorrect address from a customer and we are charged a correction fee we will pass this fee on to the customer. If you place to drop ship orders with us, we suggest that you stress to your customers the importance of a complete address including their street address, (with any apartment or suite number), city, state, and zip code, and all names spelled correctly.
ORDER CANCELLATION/ ORDER CHANGE POLICY
If you want to cancel or change an order that has already been placed, please contact our business office by telephone at
(541) 551.5466 and speak to our support team. We will make every effort to stop the order (or make the requested changes). However, if the customer does not call in time, and we are unable to stop the order (or make the requested changes) then the customer is still responsible for the order. In addition to the phone call, we will request an e-mail for a confirmation.
SHIPPING POLICY
We strive to get every order out as soon as possible. Orders will ship within one to two business days. Business days are Monday through Friday excluding national holidays and any day our office is closed as announced in our weekly e-mail newsletter.
Shipping insurance
Insurance is automatically provided on all packages. The cost of this insurance is included in the freight charge and therefore passed on to the customer.
Damage/ missing items/ wrong item sent claims
Any time an order is received that has been damaged, or items are missing from the order, or the wrong items have been sent, it must be reported to Viper Stunners within three business days after receipt of the order. Any claim after three business days will be void.
Compliance with laws prohibiting any of our products: It is the sole responsibility of the purchaser to comply with all local, state, and federal laws or statutes pertaining to the possession and/or use of any of the products we sell.
NOTE: We reserve the right to change the price of any product we sell at any time. We will announce such changes in our weekly e-mail blast, and we will change the price on our website.
AGE REQUIREMENT
You must be at least 18 years of age to use this Website. By using this Website and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age.
BILLING & PAYMENTS
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Sensitive and private data exchange happens over an SSL secured communication channel and is encrypted and protected with digital signatures, and our Website is also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve 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. If 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.
ACCURACY OF INFORMATION
Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.
THIRD-PARTY SERVICES
If you decide to enable, access, or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Viper Stunners with respect to such other services. Viper Stunners is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access, or use of any such other services, or your reliance on the privacy practices, data security processes, or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting Viper Stunners to disclose your data as necessary to facilitate the use or enablement of such other services.
LINKS TO OTHER WEBSITES
Although this Website may link to other websites, we are not, directly, or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. Some of the links on the Website may be "affiliate links". This means if you click on the link and purchase an item, Viper Stunners will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.
PROHIBITED USES
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
INTELLECTUAL PROPERTY RIGHTS
This Agreement does not transfer to you any intellectual property owned by Viper Stunners or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Viper Stunners. All trademarks, service marks, graphics, and logos used in connection with our Website or Services are trademarks or registered trademarks of Viper Stunners. Other trademarks, service marks, graphics, and logos used in connection with our Website or Services may be the trademarks of other third parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Viper Stunners Products, or third-party trademarks.
DISCLAIMER OF WARRANTY
You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no event will Viper Stunners, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of the content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Viper Stunners has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Viper Stunners and its affiliates, officers, employees, agents, suppliers, and licensors, relating to the services will be limited to an amount greater than one dollar or any amounts actually paid in cash by you to Viper Stunners for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
INDEMNIFICATION
You agree to indemnify and hold Viper Stunners and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.
DISPUTE RESOLUTION
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Oregon, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Oregon, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
CHANGES & AMENDMENTS
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.
ACCEPTANCE OF THESE TERMS
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
KEY DEFINITIONS
1. MSRP Pricing: Products or goods purchased from Viper Stunners shall be sold at 250% minimum markup, but if the wholesale value is greater than $50, then it shall be sold at 200%, plus cents shall be changed to $0.95. Retailers may discount after selling at MSRP for a reasonable period.
2. Payments: Viper Stunners accepts credit cards (MasterCard, Visa, Discover, and American Express) and Money Orders.
3. Drop-shipping: A drop-ship order is defined as any order that is shipped “blindly”(listing you as the shipper) directly to your customer
4. Minimum order value: For first-time wholesale customers of Viper Stunners the minimum order value is $250. Payment is due at the time of order.
5. Wholesale pricing: Inquire at support@viperstunners.com
6. Coupon/discount codes: coupons/discounts are offered by tier levels (quantity-breaks) and the dealer’s
7. Dealer-Specific Pricing: pricing based on the level of the dealer. Levels are adjusted by the statue of the sale’s continual levels.
8. Net-30 or “terms customers”: Once enough B2B relationship is formed, an agreement can be established to create a Net-30 agreement term. In this agreement, the product is ordered and shipped, with the agreement and acknowledgment that payment must be submitted and approved within 30 days of order placed.
9. MAP Pricing: Minimum Advertised Price is the minimum amount that resellers agree not to advertise below. Due to price-gouging and competitive price shopping, we govern the right to report any business/company violating the agreement and pursue legal actions if deemed necessary. This agreement does not pertain to third-party resellers, for example, your customers selling new/used products on Facebook Marketplace, eBay, or Amazon.
10. Product selection: We reserve the right to choose which products are available for wholesale purchase. Some SKUs available via our website may not be suitable for retail sale due to packaging, quantity available, etc. And, some SKUs available may not be suitable for e-Commerce sales due to the state or federal laws and restrictions governing the product.
11. Damages & defects: Please inspect all shipments immediately upon arrival. Contact Viper Stunners at support@viperstunners.com within 5 business days of receipt of damaged or defective shipments. Returned merchandise will be replaced with new merchandise. Returned merchandise will not be accepted if it is held for more than 15 days after receipt.
12. Authorized Dealers: Authorized Dealers are those individuals officially affiliated or registered with the Licensee.
13. B2B: Business to Business acronym
14. B2C: Business to Customer acronym
15. Trademark: a registered name or logo that is protected by law. Trademarks must be granted through the Patent Office.
16. Warranties: promises made in a contract, but which are less than a condition. Failure of a warranty results in liability to pay damages (see the financial terms below) but will not be a breach of contract unlike the failure of a condition, which does breach the contract.
17. Product Warranty: replacement insurance that covers the product based on the product's stipulation listed in the product's instructions.
18. Disclaimer: a written document denying legal responsibility, or a limitation of rights that might otherwise be claimed.
19. TOS: Terms of Service or Terms and Conditions
CONTACTING US
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the Contact Us page, send an email to support@viperstunners.com, or write a letter: ATTN: Consumer Affairs, Viper Stunners, Box 7872, Bend, OR 97780.