Other than as specifically provided in any separate formal purchase agreement between you and RDG Woodwinds, Inc. (“RDG”), these terms and conditions (this "Agreement") apply to all of your online purchases from the website at www.rdgwoodwinds.com (the "Site") and may NOT be altered, supplemented or amended by you through the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s), which is subject to additional or altered terms and conditions, will be null and void, unless otherwise agreed to in a written agreement signed by both you and RDG.
By purchasing products and/or services from the Site, you agree to be bound by and accept this Agreement. Orders are not binding upon RDG until accepted by RDG. We reserve the right to refuse service to anyone. RDG will indicate its acceptance of an order by acknowledging your order by reply email or by shipping the ordered items to you.
Because prices, product descriptions, and availability can change quickly, RDG does not warrant the accuracy or completeness of the information provided on the Site.
List Price is the suggested retail selling price of a product provided to us by manufacturers. We may or may not sell products at prices lower than the List Price. In some cases, manufacturers may change a suggested retail price without notice to us. Please contact the manufacturer of a specific product for the most up-to-date List Price information.
List Prices quoted for house or private label brands are developed internally in consideration of comparable name brand products.
Some products, including those identified as Hot Buys, Closeouts, and Limited Quantity items may be limited to stock on hand and are offered on a first come, first served basis.
Shipping and Title
Separate charges for shipping and handling will be shown on your order form. All items purchased from RDG are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
For more information on our shipping policies, including rates, delivery times and delays, please refer to our Shipping and Returns page.
If required by applicable law, you will be charged for applicable sales tax on your purchase. A separate charge for these taxes will be shown on the invoice.
All new products are sold with the manufacturer's limited warranty. The warranty period and service varies by manufacturer and product.
RDG PROVIDES NO SEPARATE WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RDG EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS REGARDING ANY PRODUCTS SOLD TO YOU, WHETHER EXPRESS, IMPLIED OR STATUTORY AND INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
Abuse of Return Privileges
For information on our return policies, please refer to our Shipping and Returns page. Our return policy is in place to ensure our customers never get stuck with a wrong piece of gear. Those who violate the spirit of our return policy by having excessive returns may be subject to limitations or suspension of return privileges.
Limitation of Liability
RDG DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE, OR THE PROVISION OF SERVICES AND SUPPORT. RDG WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR STATUTORY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, RDG SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS OR SERVICES UNDER THIS AGREEMENT GIVING RISE TO SUCH LIABILITY. 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.
Applicable Law—Resale or Export
You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying for your own personal use only, and not for resale or export.
Any dispute or claim relating in any way to this Agreement will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in Los Angeles, California. The arbitration shall be administered by ADR Services, Inc. (“ADR Services”). The arbitration shall be held before a sole arbitrator and shall be binding with no right of appeal.
The arbitration shall be conducted pursuant to the ADR Services’ Standard Arbitration Rules. The arbitration shall be commenced by filing a demand for arbitration with the administrator of ADR Services and serving the demand on the opposing party. The responding party may file a response and/or a counter-claim within fifteen (15) calendar days. If no response is filed, all the allegations of the demand shall be deemed denied.
The parties shall select an arbitrator by mutual agreement through ADR Services within thirty (30) calendar days of the date the demand for arbitration is filed. If the parties are unable to agree on the selection of an arbitrator within such time, the administrator of ADR Services, Inc. shall select an independent arbitrator.
The costs of the arbitration, including the arbitrator’s fees, shall be borne equally by the parties to the arbitration, unless the arbitrator orders otherwise.
You agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern the terms of this Agreement and any dispute of any sort that might arise between you and RDG under this Agreement.