Last Updated: January 11, 2018
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) CAREFULLY AS THEY GOVERN THE SALE OF ALL TANGIBLE PRODUCTS AND GOODS (EACH, A “PRODUCT”) AND SERVICES (“SERVICES”) BY RF SUPERSTORE LLC AND ITS AFFILIATES (“RF SUPERSTORE”, RF SUPERSTOREOR “US”) TO YOU (“CUSTOMER”, “BUYER”, “YOU” OR “USER”) VIA THIS WEBSITE (THE “WEBSITE” OR “RFSUPERSTORE.COM”). THESE TERMS AND CONDITIONS TAKE PRECEDENCE OVER ANY ADDITIONAL, SUPPLEMENTAL OR CONFLICTING TERMS SET FORTH IN BUYER’S PURCHASE ORDER OR OTHER DOCUMENTATION TO WHICH NOTICE OF OBJECTION AND REJECTION IS HEREBY GIVEN. UNLESS A SEPARATE AGREEMENT HAS BEEN SIGNED BY AN AUTHORIZED OFFICER OF RF SUPERSTORE, NO TERMS AND CONDITIONS PRESENTED BY BUYER SHALL BE BINDING ON RF SUPERSTORE. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES, BY ACCEPTING DELIVERY OF PRODUCTS OR SERVICES DESCRIBED ON THE APPLICABLE QUOTE, SALES ORDER, WORK ORDER, SERVICE ORDER, PACKING SLIP, BILL OF LADING AND/OR INVOICE, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT (1) YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY AND ACCEPT THESE TERMS AND CONDITIONS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING AGREEMENT WITH US, AND (3) IF YOU ARE ENTERING INTO THESE TERMS AND CONDITIONS ON BEHALF OF AN ENTITY, YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PLACE ANY PRODUCT OR SERVICE ORDERS ON THIS WEBSITE.
USERS IN THE UNITED STATES ONLY: THESE TERMS AND CONDITIONS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THE TERMS AND CONDITIONS LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
USERS IN EUROPE ONLY: IF YOU ARE AN INDIVIDUAL BASED IN EUROPE WHO PURCHASES PRODUCTS AS A CONSUMER, PLEASE NOTE THAT THESE TERMS AND CONDITIONS APPLY TO YOU AS AMENDED BY THE EUROPEAN SPECIFIC TERMS CONTAINED IN SECTION TITLED “TERMS SPECIFIC TO USERS IN EUROPE”.
You agree to use the Website only for purposes that are permitted by these Terms and Conditions and any applicable law. You agree that you will not access or attempt to access the Website other than through the interface that is provided by RF Superstore, unless you have specifically been permitted to do so in a separate written agreement signed by an authorized representative of RF Superstore. You specifically agree not to access or attempt to access the Website, or any portion thereof, through any automated means, including but not limited to the use of scripts or web crawlers. You agree that you will not engage in any activity that disrupts or otherwise interferes with the Website (or the servers and networks which are connected to the Website).
RF Superstore shall retain sole ownership of right, title, and interest in and to all of its intellectual property, including, without limitation, content and materials on the Website, digital or physical catalogs, product guides or other documents, ideas, methods, trademarks, service marks, trade names, symbols, logos, copyrights, patents, trade secrets, and know-how (collectively, the “RF Superstore Intellectual Property”). The RF Superstore Intellectual Property is proprietary to the RF Superstore and protected by intellectual property laws, including but not limited to United States Copyright law and United States Trademark law.
You agree that you will not duplicate, reproduce, copy, sell, trade, republish or resell the RF Superstore Intellectual Property or any portion of the RF Superstore Intellectual Property for any purpose. No licenses to any RF Superstore Intellectual Property are created herein and use without express written permission by an authorized agent of RF Superstore is prohibited.
Accuracy of Information
Though reasonable efforts have been made to ensure the Website is current and contains no inaccuracies or errors, no guarantees are made that the Website's content will be error-free, accurate, complete or current, nor can we assume responsibility for these errors. RF Superstore may correct errors or inaccuracies and change or update information on the Website at any time without notice, including prices and product availability.
Using Linked Content
The Website may provide links to other websites. All those sites are independent from RF Superstore’s, and therefore we have no control over, and no liability for, those websites or their contents, or their use. RF Superstore provides these links for your convenience, and you decide to access them at your own risk.
By submitting, uploading or posting any comments, ideas, suggestions, information, files images or other materials to our site (“Submissions”), you warrant that you have full right and authority to submit that content, and that they have sole copyright and proprietary right over said Submissions. RF Superstore shall have a royalty-free, irrevocable, transferable right and license to use the Submissions, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Submissions and/or incorporate such Submissions into any form, medium or technology throughout the world. RF Superstore is and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay to you any compensation for any Submissions; or (3) to respond to any user Submissions.
Users may not contribute, post or transmit unlawful, defamatory, or threatening material, that which would constitute or encourage criminal offenses, or violate any law. RF Superstore reserves the right not to publish, or to remove, any Submission we deem inappropriate for any reason whatsoever. You are and shall remain solely responsible for the content of any Submissions. RF Superstore and its affiliates take no responsibility and assume no liability for any Submissions submitted by you or any third party, and you agree to defend, indemnify and hold RF Superstore harmless from and against all third-party claims, damages and expenses (including reasonable attorney fees) against or incurred by RF Superstore arising out of any Submissions.
All orders placed by Buyer are subject to acceptance by RF Superstore. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. RF Superstore reserves the right at any time after receipt of your order to accept, decline or cancel your order (in whole or in part) for any reason. Your order is not accepted until it is shipped (or a portion of the order is shipped). RF Superstore reserves the right, without prior notification, to cancel orders at our discretion or to limit the order quantity on any Product and/or refuse Service to anyone. RF Superstore may also in its sole discretion allocate Product among its Customers. Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is that we (a) issue a credit in the amount charged for the cancelled portion (if You have already been charged for the order) or (b) not charge you for the cancelled portion of the order.
Order Communication and Status
As an e-commerce company, our primary form of communication is email. All order updates, including shipment confirmation and tracking information, will be sent to the email address used when the order was placed. For this reason, please be sure to provide a valid email address when placing your order. You may also acquire your order status by logging in to your account on the Website.
To ensure our customers’ safety online, all orders go through security checks before we start processing them. Please keep this in mind while ordering, as there may be a slight delay before processing for a small percentage of orders. If additional information is needed to help ensure the order’s validity, we will reach out via email.
Order Cancellation and Modification
Once your order is placed, we cannot guarantee that it can be cancelled or modified. If you want to cancel or modify your order, please contact us immediately by phone at (888) 443-3427 (USA & Canada) or (303) 586-1111 (International). We strongly discourage sending order cancellation or modification requests via email only because it is unlikely we will receive the message in time to cancel or modify the order. Orders fully or partially processed by RF Superstore may not be cancelled or modified by Buyer.
Non-Cancelable, Non-Returnable Products
Special orders for Products not customarily stocked, custom-built Products or made-to-order Products are non-cancelable, non-returnable and non-refundable. Please contact us prior to placing an order if you have a question regarding the return status of any Product.
Claims for shortages, incorrect materials or invoicing errors must be made by Buyer in writing within five (5) business days after receipt of shipment.
Sales Tax & Duties
Sales tax will be charged on Product costs and shipping & handling fees, where applicable, for orders shipping into states where we have nexus for state tax purposes. Orders shipping to locations in Colorado will be charged applicable sales tax. You will be solely responsible for payment of all taxes (other than taxes directly imposed on RF Superstore’s business activity in a state, such as income taxes), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product or Service purchase (“Taxes”) not withheld by RF Superstore.
If you are tax-exempt, please submit a completed sales tax exemption certificate to [email protected]. If you are not registered, you may email a copy of your tax-exempt form to [email protected] International orders may be subject to various taxes and duties in the country of destination, all of which are the responsibility of the Buyer.
Prices and Currency
All prices are subject to change without notice. Prices shown in the digital or printed catalog are for reference only and final pricing is determined by the published website price. Prices are exclusive of and Buyer is responsible for taxes, impositions and other charges, including: sales, use, excise, value-added and similar taxes or charges imposed by any government authority, international shipping charges, forwarding agent's and broker's fees, bank fees, consular fees, document fees and import duties.
In the event of inaccurate information, RF Superstore shall in its sole discretion have the right to refuse and/or cancel any order for a Product and immediately amend, correct and/or remove the inaccurate information. RF Superstore may also attempt to resolve the discrepancy by coming to an agreed upon price with the Buyer prior to order refusal or cancellation.
All prices listed are in U.S. Dollars and subject to confirmation. All charges will be processed in U.S. dollars. RF Superstore does not calculate or provide conversion rates. When ordering outside of the United States, the funds captured for an order will be converted to the local currency of the ordering country on your credit card statement. Please contact your card issuer or financial institution for further details.
Same Day Shipping
Most in-stock orders received by 3:00 PM Mountain Time Monday through Friday will ship the same day. Orders received after the same day shipping cut-off time will ship the next business day. Orders with payment verification problems will be delayed until verification is obtained. For small package orders, we offer regular ground or expedited shipping options through UPS, FedEx and USPS. Large volume or bulk orders that exceed weight limits for UPS, FedEx and USPS may ship freight via common carrier.
Delivery, Title and Shipping Charges
RF Superstore relies upon UPS, FedEx, USPS and other shipping carriers to provide estimated delivery dates. Customer accepts that RF Superstore will not be liable for failure to meet estimated dates and acknowledges that transit times may vary due to holiday shipping volumes, limited services in rural areas, adverse weather, emergency situations, mechanical breakdown or other unforeseen circumstances.
RF Superstore reserves the right to make deliveries in installments. Delivery of any installment of goods within thirty (30) days after the order date will constitute a timely delivery and any such delay does not release Buyer from the obligation to accept delivery and pay for the goods delivered.
All sales are made FOB Shipping Point with shipping or freight costs paid by RF Superstore and added to the Buyer’s invoice. Shipping charges quoted are for delivery only. Please note that after packages have left our facility and are in transit to you, we cannot change the shipping details. Subject to RF Superstore's right of stoppage in transit, title and risk of loss pass to the Buyer upon tender of shipment to the carrier. Other terms and conditions may apply for freight collect, export orders, hazardous materials, special handling or shipments outside the contiguous United States. Any extra charges incurred for these additional services must be paid separately by the Buyer. If you choose not to pay any of these additional charges to have your package delivered, we cannot issue refunds for the undelivered items or the shipping costs. We reserve the right not to ship to certain addresses.
Damaged, Lost, Undeliverable or Refused Shipments
Though our warehouses give great attention to packaging every order for shipment, damage can occur in transit. In the case of damage, we must go to the carrier company to receive reimbursement for these damages. By signing the delivery receipt, you are taking responsibility and ownership for the shipment in the condition noted. If any part of your shipment is damaged, and you did not note this in any way on the delivery receipt, we cannot guarantee any compensation for damages. Signing the delivery receipt without noting any damage means that you have received your shipment in acceptable condition. If you have accepted a damaged delivery, please keep your signed copy of the delivery receipt noting damages, keep the items and packaging and contact us within 3 business days of receipt. We may request pictures of the damaged Products and packaging to help with the claims process.
There are rare occasions where our freight carriers may lose a shipment. In these situations, it’s our highest priority to find your items and we will work with the carrier to locate the shipment. Dock checks with carriers take approximately 3-5 business days to complete. If your shipment is found, we will continue the delivery to your location. If it is deemed lost, we will work with you to provide a satisfactory resolution.
RF Superstore is not responsible for undeliverable packages. If the shipping carrier attempts multiple deliveries but they are unable to deliver to the shipping address provided by Buyer, carrier may automatically redirect the package back to RF Superstore. Buyer will be responsible for all shipping charges incurred during this process plus a 25% restocking fee.
Shipments that are refused by the Buyer will be issued a refund for the amount paid for the items on the order, minus a 25% restocking fee and any costs incurred to send the order to the Buyer or for the carrier to return the shipment to RF Superstore. Refunds will only be issued after refused shipments are received by RF Superstore and Products are found to be in re-saleable condition. If the total shipping costs incurred by RF Superstore are greater than the amount paid for the Product(s), Buyer will not receive a refund.
For orders outside of the United States or Canada, the availability of ship methods is dependent on the destination country. Except as otherwise provided on the Website, (1) the shipping costs will be prepaid and added to your order, and (2) all import licenses, duties, tariffs, taxes and brokerage fees will be your responsibility.
If you would like to return an unopened, defective or incorrectly ordered Product, you must contact us by phone at (888) 443-3427 (USA & Canada) or (303) 586-1111 (International) or email at [email protected] within five (5) business days of receiving your order to obtain a return merchandize authorization (RMA) number. Unauthorized returns will not be accepted, and no refund or credit will be issued. If your return is approved, an RMA number will be emailed to you along with instructions for your return. Once issued, RMA numbers are valid for ten (10) business days within which return Products must be received by RF Superstore. RMA numbers will not be extended or reissued.
Buyer agrees that all returned Products must be in re-saleable condition and will include the original packaging and any other accessories or materials included in the original shipment. Buyer is solely responsible for all shipping and insurance charges and agrees to bear all risk of loss during the return shipment. Buyer agrees to use only reputable carriers capable of providing proof of delivery and insurance for the entire value of the shipment. Your original shipping fees are non-refundable in the case of a returned Product. Those fees are paid for the services provided by and to the original carrier, and will not be refunded to you if Product is returned for a refund.
The RMA number should be clearly noted on the shipping label of each box or you may write it on the shipping box. The return box should contain all items that were included with the original shipment, including the original manufacturer's box and packing material, all accessories, UPC bar codes, manuals, etc. that came with the original shipment. All boxes should be securely packed to prevent possible damage during shipping. We are not liable for damage that occurs during shipment back to us. We suggest that you insure these return items, as we are not liable for lost merchandise. For international shipments, all international duty fees must be paid by the sender. We recommend that you use one of the following carriers to help ensure your packages clear customs: UPS, FedEx or DHL. Approved returns should be sent to:
RF Superstore LLC
3820 Revere St, Ste D
Denver, CO 80239
All Product returns are subject to a 25% restocking fee plus any additional shipping costs for the return shipment not paid for by Buyer. Refunds will only be issued after returned Products are received and found to be in re-saleable condition. If the total restocking fee plus additional shipping costs incurred are greater than the amount paid for the Product(s), Buyer will not receive a refund.
Refunds will be issued in the manner in which original payment was received. If payment was made by credit card, a refund will be made to that card. If order was placed with Net 30 terms, credit will be applied to future orders.
Credit Card (Preferred Method)
All orders must be placed online through our checkout process. If you are having issues with our checkout process, please call us at (888) 443-3427 (USA & Canada) or (303) 586-1111 (International). We accept all major credit cards including Visa, MasterCard, Discover and American Express (each, a “Payment Provider”). Only a single credit card may be used to process the order. Your Payment Provider agreements governs your use of the designated credit card, and you must refer to that agreement and not these Terms and Conditions to determine your rights and liabilities. By providing RF Superstore with your credit card number and associated payment information, you agree that RF Superstore is authorized to immediately invoice you for all fees and charges due and payable to RF Superstore hereunder and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or the credit card used for payment hereunder.
Your card will be charged in full once the first item(s) on your order ship. When you place an order on the Website, an authorization is placed on your bank account for the amount of your order. An authorization is a communication from your bank to our payment system letting us know your card is valid and the required funds are available. These authorizations may show as “pending” on your bank statement until the funds are captured. Once the card is charged for the order, the authorization will drop off from your bank statement, typically within 1-2 business days. Credit and debit card providers differ in how long they will hold an authorization for a pending transaction. Authorizations and/or pending transactions will hold these funds on your bank account, which can result in overdraft fees. RF Superstore assumes no liability for fees in the event of such an overdraft.
Alternative Payments (Check, Money Order, ACH, Wire Transfer)
Payment via net thirty (30) days is available to businesses, schools and agencies or as otherwise specified by RF Superstore subject to approved credit. If you have an established credit account with RF Superstore, checks, money orders, ACH and wire transfers are accepted. Payment terms are Net 30 days from the date of invoice. If you fail to make payment within 30 days, RF Superstore may defer shipments until such payment is made, or may, at its option, cancel all or any part of unshipped orders. Delinquent balances over 30 days will accrue interest at a rate of 1.50% per month. Purchaser agrees to pay the cost of any and all expenses incurred by RF Superstore to collect past due sums, including but not limited to legal, collection and court costs.
We accept payment via PayPal on the Website as an additional payment option. A major credit card is still required to complete the transaction, as we do not accept gift cards, store cards, or account credits associated with your PayPal account.
RF Superstore shall not be liable for any delay in or impairment of performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, shortages, inability to procure Product, supplies of raw materials, severe weather conditions, or any other circumstances or cause beyond the control of RF Superstore in the conduct of its businesses.
RF SUPERSTORE OFFERS THE PRODUCTS, THIS WEBSITE, AND ANY AFFILIATED APPLICATIONS AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. RF SUPERSTORE DOES NOT WARRANT THAT THIS WEBSITE AND ANY AFFILIATED APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE THIS WEB SITE AND ANY AFFILIATED APPLICATIONS WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND ANY AFFILIATED APPLICATIONS USED BY RF SUPERSTORE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RF SUPERSTORE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THIS WEBSITE AND ANY AFFILIATED APPLICATIONS IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
UNDER NO CIRCUMSTANCES WHATSOEVER SHALL RF SUPERSTORE BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY NATURE ARISING OUT OF OR RELATED TO THE SALE OF PRODUCTS AND SERVICES, YOUR USE, MISUSE OR INABILITY TO USE OUR PRODUCTS AND SERVICES, ACCESS TO OR USE OF THE WEBSITE, OR SITES WE LINK TO, WHETHER FORESEEABLE OR UNFORESEEABLE, INCLUDING, WITHOUT LIMITATION, DAMAGE OR LOSS OF PROPERTY OR EQUIPMENT, LOSS OF PROFITS OR REVENUE, RECALL COSTS, COST OF CAPITAL, LOST GOODWILL, COST OF PURCHASED OR REPLACEMENT PRODUCTS, CLAIMS FOR SERVICE INTERRUPTIONS, IMPAIRMENT OF OTHER ASSETS, PERSONAL INJURY, DEATH, LEGAL EXPENSES, OR OTHERWISE, AND WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, MISREPRESENTATION, OR OTHERWISE. IN NO EVENT SHALL RF SUPERSTORE’S LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCT AND/OR SERVICE SOLD. RF SUPERSTORE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS AND SERVICES IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT.
BUYER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS RF SUPERSTORE, RF SUPERSTORE’S JOINT VENTURERS, BUSINESS PARTNERS, LICENSORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES), AND REASONABLE ATTORNEY FEES, RESULT FROM OR ARISING OUT OF YOUR USE, MISUSE, OR INABILITY TO USE THE PRODUCTS OR SERVICES.
These Terms and Conditions will commence on the date you accept them (as described in the preamble above) and remain in full force and effect while you use the Website, unless terminated earlier in accordance with the terms herein. Either you or RF Superstore may terminate these Terms and Conditions upon written notice to the other. Upon termination of these Terms and Conditions, your right to use the Website will automatically terminate. All provisions of these Terms and Conditions, which by their nature should survive, shall survive termination of these Terms and Conditions, including without limitation, those sections entitled “Limitation of Liability” and “Indemnification”.
In addition to the United States and its territories, RF Superstore accepts international orders. Some Products may not be available for shipment outside the United States. All orders of international origin or destination are subject to export control laws, restrictions, regulations and orders of the United States. You agree to comply with all applicable export control laws, restrictions, regulations and orders of the United States or applicable foreign agencies or authorities. You shall not, directly or indirectly, sell, export, transfer, transship, assign, use, or dispose of Products in a manner which may result in any non-compliance with applicable export control laws, restrictions, regulations, and orders of the United States or applicable foreign agencies or authorities. You are responsible for obtaining any license or other official authorizations that may be required to export, re-export or import Products. Certain items may be controlled by the U.S. Government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user(s) herein identified. They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. Government or as otherwise authorized by U.S. law and regulations.
All notices required or permitted to be sent to RF Superstore or Buyer shall be given in the English language, in writing, and shall be deemed duly delivered and received when sent via an internationally recognized commercial overnight courier service or sent by registered or certified mail with return receipt requested, postage prepaid, to RF Superstore or Buyer at the primary address specified as RF Superstore’s place of business or Buyer’s address.
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION (“ARBITRATION AGREEMENT”) CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH RF SUPERSTORE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Website, to any Products sold or distributed through the Website, or to any aspect of your relationship with RF Superstore, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify,; and (2) you or RF Superstore may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of these Terms and Conditions or any prior version of these Terms and Conditions.
Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to RF Superstore, Attn: CEO, 3820 Revere Street, Suite D, Denver, Colorado 80239. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, RF Superstore will pay them for you.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and RF Superstore. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. YOU AND RF SUPERSTORE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and RF Superstore are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement.” An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then claim must be severed from the arbitration and brought into the State or Federal Courts located in Denver, Colorado. All other claims shall be arbitrated.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: RF Superstore, Attn: CEO, 3820 Revere Street, Suite D, Denver, Colorado 80239 or by email to [email protected], within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your RF Superstore username (if any), the email address you used to set up your RF Superstore account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Severability. Except as provided in subsection entitled “Waiver of Class or Other Non-Individualized Relief” if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with RF Superstore.
Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if RF Superstore makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30 days of such change becoming effective by writing RF Superstore at the following address: RF Superstore, Attn: CEO, 3820 Revere Street, Suite D, Denver, Colorado 80239 or by email to [email protected]
All transactions to which these Terms and Conditions apply shall be governed by and construed in accordance with the laws of the State of Colorado, United States of America, without reference to any choice of law or conflict of law provision that would cause the application of the laws of any jurisdiction other than the laws of Delaware.
Any legal suit, action or proceeding arising out of or relating to this Terms and Conditions, or a breach thereof, which the parties are permitted under these Terms and Conditions to initiate litigation in a court, will be instituted in the federal or State courts located in Denver, Colorado. Each party irrevocably submits to the exclusive jurisdiction of the courts in any legal suit, action or proceeding.
Terms and Conditions Updates
These terms and conditions may change at our discretion any time, and without notice. You agree that you are solely responsible for any breach of your obligations under these Terms and Conditions and for the consequences (including any loss or damage which RF Superstore may suffer) of any such breach. If we make material changes to these Terms and Conditions, we will give you notice of such changes by posting the revised Terms and Conditions with an updated posting date on the Website. By continuing to order our Products and Services or use the Website after these changes are posted, you agree to the revised Terms and Conditions. We encourage you to check the date of our Terms and Conditions whenever you visit the Website for any updates or changes since your last visit.
The communications between you and RF Superstore use electronic means, whether you visit the Website or send RF Superstore emails, or whether RF Superstore posts notices on the Website or communications with you via email. For contractual purposes, you (1) consent to receive communications from RF Superstore in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that RF Superstore provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
You understand and agree that RF Superstore is not the manufacturer of the Products, and that RF Superstore merely provides a venue through which the Products of third parties are sold to Buyers. As such, you hereby release RF Superstore and its successors from claims, demands and any and all losses, damages, rights and actions of any kind, including personal injuries, death and property damage, that are either directly or indirectly related to or arises from your use of the Products. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” The foregoing release does not apply to any claims demands, or any losses, damages, rights and actions of any kind, including personal injuries, death and property damage, for any unconscionable commercial practice of RF Superstore or RF Superstore’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website.
These Terms and Conditions, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without RF Superstore’s prior written consent, and any attempted assignment, subcontract, delegation or transfer in violation of the foregoing will be null and void.
Choice of Language
These Terms and Conditions, and any contract between us, are only in the English language.
Where RF Superstore requires that you provide an email address, you are responsible for providing RF Superstore with your most current email address. In the event that the last email address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required/permitted under these Terms and Conditions, RF Superstore’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to RF Superstore at the address below. Such notice shall be deemed given when received by RF Superstore by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the address below.
Any waiver or failure to enforce any provision of these Terms and Conditions on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any portion of these Terms and Conditions is held to be invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
The Terms and Conditions are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
Questions, Complaints and Claims
If you have any questions, complaints or claims with respect to the Website or Services, please contact us at:
RF Superstore LLC
3820 Revere St, Ste D
Denver, CO 80239
(888) 443-3427 USA & Canada
(303) 586-1111 International
These Terms and Conditions shall apply to you only insofar as they are enforceable under the applicable laws of the jurisdiction in which you use the Website or are ordinarily resident.
To the extent that they are not enforceable under the applicable laws of the jurisdiction in which you use the Website or are ordinarily resident, the following Sections of these Terms and Conditions shall not apply to you:
Paragraph 2 of the Preamble to the Terms and Conditions
The Section entitled “Indemnification”; and
The Section entitled “Dispute Resolution”.
The Section of the Terms and Conditions listed below shall be deleted and replaced as follows:
The Section entitled “Limitation of Liability” shall be deleted in its entirety and replaced with the following:
Commercial Loss Excluded
Subject to the subsection entitled “What we do not exclude”, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity arising as a result, or in the course, of your use of the Products.
Only Foreseeable Loss Covered
To the extent that we may be liable to you for loss you suffer as a result of your non-commercial use of the Products, we are only responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms and Conditions or our negligence up to the limited specified below. We are not responsible for any unforeseeable loss or damage you may suffer.
Cap on Liability
Subject the subsection below, our maximum aggregate liability under or in connection with these Terms and Conditions whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the total purchase price of the Product(s) ordered by you.
What We Do Not Exclude
Nothing in these Terms and Conditions shall limit or exclude our liability for: (i) our willful misconduct; (ii) death or personal injury resulting from our negligence; (iii) fraud or fraudulent misrepresentation; (iv) our breach of any terms implied by section 46 (remedy for damage to device or to other digital content) of the UK Consumer Rights Act 2015 or any equivalent provision of consumer-protection law implemented in the European Union; or (v) any other liability that cannot be excluded or limited by applicable law.
The Section entitled “Governing Law” shall be deleted in its entirety and replaced with the following:
PLEASE NOTE THAT THE TERMS AND CONDITIONS, THEIR SUBJECT MATTER AND THEIR FORMATION ARE GOVERNED BY ENGLISH LAW. WE BOTH AGREE THAT THE COURTS OF ENGLAND WILL HAVE NON-EXCLUSIVE JURISDICTION. HOWEVER, IF YOU ARE A RESIDENT OF A COUNTRY ELSEWHERE IN EUROPE, NOTHING IN THIS SECTION WILL PREVENT YOU FROM BRINGING PROCEEDINGS IN THE JURISDICTION IN WHICH YOU ARE ORDINARILY RESIDENT.
The following terms shall be added as a new Section:
For individual (i.e. non-business) customers in Europe, you have a legal right to change your mind within 14 days and receive a refund.
If you are exercising your right to change your mind:
We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of the Product(s) within 3-5 days at one cost but you choose to have the Product(s) delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
If the Product(s) are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the Product(s) back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product(s) back to us.
In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.