TERMS & CONDITIONS

Ordering

On our website, you may place an order to purchase a product by following the on-screen prompts after clicking on the item you wish to purchase. You will have an opportunity to confirm or correct any input errors in your order up until the point at which you place your order by clicking the "Submit" button Submit icon on the checkout page.

All orders placed and purchases of goods are subject to acceptance by us. We may choose not to accept your order or purchase for any reason and will not be liable to you or to anyone else in those circumstances.

Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.

Pricing & Payment

Pricing

The price payable for the goods you order or purchase is as set out on our website at the time you submit your order; or, if you order from a paper or electronic catalog, as set out in the catalog from which you order (provided it is a current catalogue), plus any charges for delivery as advised to you.

Prices are correct at time of going to press, and we reserve the right to update prices in future catalogs which will then supersede the prices in any previous catalog. We also reserve the right to change the price of goods at any time; but we will confirm the prevailing price with you before accepting your order or purchase. We are not obliged to accept your order or purchase for such goods and may decline it or limit the order quantity.

Occasionally, an error may occur, and goods may be incorrectly priced or described, in which case we will not be obliged to supply the goods at the incorrect price or in accordance with the incorrect description, or at all. We reserve the right to correct any errors from time to time. We will (at our discretion) either cancel your order and refund the price you have paid, or use reasonable endeavors to contact you and ask you whether you wish to continue with the order at the correct price or correct description. If we are unable to contact you or you do not wish to continue with the order at the correct price or correct description, we will cancel your order and refund the price you have paid.

Payment

We must receive payment for the whole of the price of the goods you order and purchase, and any applicable charges for delivery, before your order can be processed, unless we have agreed otherwise in advance in writing.

For website orders, payment can be made by most major credit or debit cards, by completing the relevant details on the checkout page. By using a credit/debit card to pay for your order or purchase, you confirm that the card being used is yours or that you are authorized to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of the card refuses to authorize payment we will not accept your order or purchase, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for the item not being delivered or provided to you. We are not responsible for the card issuer or bank charging the holder of the card as a result of our processing of your credit/debit card payment in accordance with your order or purchase.

JMA has partnered with CyberSource, a Visa, Inc. Company, to deliver an e-commerce payment data management solution which ensures customer data remains secure. CyberSource tokenization replaces sensitive payment data with a unique identifier (or "token") which cannot be mathematically recreated or otherwise stolen. Actual data is housed securely within CyberSource data centers, operated by Visa Inc. Thus, JMA does not store any sensitive customer payment data (i.e. card numbers and related information). JMA may provide SSAE II documentation upon request.

We recommend that you do not communicate your payment card details and password to anyone, including us, by email. We cannot be responsible for any losses you may incur in transmitting information to us by internet or by email. Any such loss shall be entirely your responsibility.

Stock & Availability

All goods are subject to availability. While we endeavor to hold sufficient stock to meet all orders and purchases, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we will attempt to contact you, using the details you have provided to us, to ask you how you wish to proceed. We may, at our discretion, process any part of the order which is available.

In the event of a large quantity order, this may extend the delivery time. To ensure that the merchandise will arrive when required, please check with us for a delivery date. These orders are subject to a billable variance over or under the quantity ordered. Factory rush charges and actual freight may apply.

Returns & Refunds

Cancellation

You may cancel your order and return the items purchased to us by giving us notice within 30 days after the date of delivery to you. If goods are placed into our delivery process before we receive your notice of cancellation, you may need to take delivery of the goods before you can cancel your order. Where your order comprises multiple delivery shipments, the 30-day cancellation period for the goods in your order runs from the date of the delivery of the last shipment to you. You will lose your right to cancel after the expiry of the 30-day period (this does not affect your rights if there is any problem with the goods).

Your right of cancellation does not apply to goods that are customized to your requirements, made to order, made to your specifications, or clearly personalized. Your right of cancellation does not apply to goods which are not suitable for return due to health protection or hygiene reasons, or if you have opened the product packaging after delivery or collection.

To exercise your right to cancel, you may inform us of your decision to cancel by post, phone or email using the contact details set out on our Contact page. If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation.

Returns

Upon cancellation where you have received the goods, you must return the goods to us (with the original packaging) without undue delay within 14 days after the day of the cancellation, and at your cost, unless otherwise agreed upon in writing. You must return goods with all components, including (including free gifts or discounted additional products.

Refunds

Following cancellation, we will refund you the price paid for the cancelled order (or part of the order cancelled) using the same means of payment as you used to pay for your order or purchase.

We reserve the right to make a deduction from the amount of the refund for loss in value of the goods returned where the goods show signs of unreasonable use. We may withhold any refund until we have received the goods or you have supplied proof of return for the goods

Where the goods are being returned because they are faulty or incorrect, we will meet the cost of return delivery; but we ask that you allow us to nominate the carrier. Your right to return goods in these circumstances is not limited to the 30-day period.
If an item develops a fault after 30 days following delivery or collection, we may offer replacement of the item or offer a price reduction or refund.

Liability

If you purchase goods from us as a consumer (which means anyone who acts outside the course of their business, trade or profession), to the extent not prohibited by law, we accept no liability for any:
-loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our contract);
-loss which arises when we are not at fault or in breach of these Terms and Conditions; and
-business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses, as well as business interruption).

Nothing in these Terms and Conditions is intended to affect your legal rights if you are a consumer, nor is it intended to exclude or limit our liability to you for fraud, fraudulent misrepresentation, for death or personal injury resulting from our negligence, or for any other liability which cannot be limited or excluded as a matter of applicable law.

Goods are intended for use in the US only and we cannot confirm that the goods comply with any laws, regulations or other standards applicable outside the US. All goods are sold in accordance with the manufacturer's specifications and are subject to any qualifications, representations, or instructions contained in the documentation associated with the goods.

We shall have no liability to you for any failure or delay in supply or delivery, or for any damage or defect to goods supplied or delivered hereunder, or for any other liability, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, mechanical failures, civil commotion i.e. riots or strikes), lockouts, industrial disputes, acts or restraints of Government, and imposition or restrictions of imports or exports.

Privacy Policy

Information Privacy

John Michael Associates, Inc. may collect and store information about your visit, including but not limited to duration visited or pages visited. We may use information collected at this site to improve the site, fulfill contractual obligations with the site owner, to investigate security breaches, or to cooperate with authorities pursuant to a legal matter. We will never sell your information or otherwise use for malicious intent.

We at John Michael Associates Inc. are committed to maintaining the privacy and security of the personal information of all the visitors to this website. As a part of that commitment, we want all visitors to know what information about them we collect, why we collect it, and where it goes. Please see the following:

At this Website, we collect information in three ways:

1. We passively collect information that is automatically sent to us by your web browser. This information typically includes your domain name (the site after the @ in your e-mail address). The amount of information sent depends on the settings you have on your web browser; please refer to your browser if you want to learn what information is sent. We use the information we automatically receive from your web browser to see which pages you visit within our site. We at John Michael Associates Inc. can then develop statistics that are very helpful to understanding how this site is used by our visitors. This statistical data is interpreted by John Michael Associates Inc. in its continuing effort to present the web site content that customers are seeking in a format they find most helpful.

2. We actively obtain information about by installing a marker on your computer. This marker is commonly called a "cookie", and it enables us to know you by a computer generated, unique identifier. By providing you with a unique identifier, we are able to create a database of your previous choices and preferences, and in situations where these choices or preferences need to be collected again, they can be supplied by us automatically, saving you time and effort. For example, after you purchase a product once, if you need to purchase it again, your previous selections for size, color or other features will have been retained, and can be reentered more quickly. Your computer may be specially configured to reject cookies; please refer to your browser for more information.

3. We collect information at this page when you contact us or respond to the surveys, questionnaires, or applications we make available, including Cart Checkout Order forms. If you e-mail us, you are voluntarily releasing information to us. If you answer questions we have placed on site, you are also voluntarily releasing information to us. All computer-generated information, such as your e-mail address, may be shared with third parties and/or transmitted to another country. An example of a third party that could receive your personal information is a data processing contractor that operates computer systems on our behalf (Quikey Software Solutions). Whenever any data is transferred to a third party, that party will be contractually bound to abide by a privacy policy no less stringent than ours.

Terms of Use

This Website is the property of John Michael Associates Inc. (JMA) By using this site or downloading materials from this site, you agree to abide by the terms and conditions set forth by JMA. If you do not agree with these terms, please discontinue use of this website.

Copyright

© Copyright 2020 John Michael Associates Inc.. All content on this site is the exclusive property of John Michael Associates, Inc., and is protected by Federal and International copyright laws. Any reproduction, modification, distribution, transmission, or re-display of the content on this site is strictly prohibited. No portion of this website may be duplicated, copied, reproduced, posted to other websites, or otherwise exploited for any commercial purpose that is not expressly permitted in writing by John Michael Associates, Inc.

Trademarks

All trademarks displayed on this site are subject to the international trademark rights of John Michael Associates, Inc. These trademarks include, but are not limited to, product brand names, slogans, and logo emblems. The use of any trademark on this site is strictly prohibited.

International Users & Applicable Law

This site was created and is controlled by John Michael Associates, Inc. in the state of Connecticut, USA. If visiting from a location outside of the United States, you are responsible for compliance with all local laws.

By using this site, you are consenting and agreeing to submit to the personal and exclusive jurisdiction of the State of Connecticut, from which John Michael Associates, Inc. operates; and that all disputes which arise in connection to the use of this website shall be litigated in a court located in the state of Connecticut to the exclusion of the courts of any other state or country.

If you have any questions, comments, suggestions on how we can make this site more useful, or if you are concerned about our use of your personal information, please call John Michael Associates, Inc. at 800-499-2606.