Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF PRODUCT SALES VERY CAREFULLY.

SENSIBLY SMART LLC. A MICHIGAN LIMITED LIABILITY COMPANY DOES BUSINESS UNDER THE TRADEMARKED NAME OF BUSYBELT® AND IS PROPERLY REGISTERED UNDER THE LAWS OF THE STATE OF MICHIGAN. ANY REFERENCE TO BUSYBELT NECESSARILY MEANS SENSIBLY SMART LLC. THE TERMS AND CONDITIONS OF PRODUCT SALES ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY YOU (“CUSTOMER”) ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.

BY ORDERING PRODUCTS HERE ON THE BUSYBELT® WEBSITE, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF PRODUCT SALES UNLESS CUSTOMER AND BUSYBELT® HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN ANY GENERAL DESCRIPTION OF THE TYPES OF PRODUCTS AND RESULTS THEREOF POSTED ON THE WEBSITE DO NOT CONSTITUTE PART OF THE AGREEMENT BETWEEN BUSYBELT® AND CUSTOMER.  NO COURSE OF PRIOR DEALINGS BETWEEN THE PARTIES AND NO USEAGE OF TRADE WILL BE RELEVANT TO DETERMINE THE MEANING OF THESE TERMS AND CONDITIONS OF PRODUCT SALES OR ANY PURCHASE ORDER OR INVOICE RELATED THERETO.

These Terms and Conditions of Product Sales constitute a binding contract between Customer and the BusyBelt® Entity.  Customer accepts these Terms and Conditions of Product Sales by making a purchase, placing an order or otherwise shopping on BusyBelt® Website (the “Site”). These Terms and Conditions of Product Sales are subject to change without prior notice, except that the Terms and Conditions of Product Sales posted on the Site at the time Customer places an order will govern the order in question, unless otherwise agreed in writing by BusyBelt® and Customer.

Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet, individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting BusyBelt® at the address provided below. In addition, Internet connectivity requires access services from an Internet access provider.  Contact your local access provider for details.

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by BusyBelt® without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of BusyBelt® the collective work includes works that are licensed to Sensibly Smart LLC.  D/b/a BusyBelt® and www.busybelt.com. Copyright 2011. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with BusyBelt® or purchasing BusyBelt® products. You may display and subject to any expressly stated restrictions of limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with BusyBelt® or to purchase BusyBelt® products.  Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by BusyBelt®.  You further agree not to change or delete any proprietary notices from materials downloaded from this site.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Michigan, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods.  You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to site (including but not limited to the purchase of BusyBelt® products) shall be in the state or federal courts located in Grand Rapids, Michigan.  Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of BusyBelt® products) must be commenced within one (1) year after the claim or cause of action arises. BusyBelts® failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. BusyBelt® may assign its rights and duties under this Agreement to any party at any time without notice to you.

Return Policy

We take great pride in the items we sell. If for any reason you would like to return an item that you have purchased, we will provide you with a prompt refund or exchange. You may return all unused merchandise with the original packaging and tags, within 10 days of receipt. We are not responsible for defects or damage caused by customer error.  You will be responsible for return shipping.

Returns

In order to return an item you must obtain a Return Merchandise Authorization (RMA) number from BusyBelt®. Please call us at 800-531-2780 or email customerservice@busybelt.com with the reason for the return. We will then issue you an RMA number.  Any packages received without a RMA number may be refused. Pack the item in a sturdy shipping envelope or box with care. Include a copy of the original invoice along with a note explaining the details of the return or exchange, and include your RMA number. Once your return is received, an exchange or a credit will be issued to your credit card or PayPal account(original source of payment), less shipping charges.

Sales Tax

Sales tax will be charged only to orders that are shipped within the State of Michigan and will be calculated in your final total.

Shipping

We strive to ship within two business days. If an item is out of stock, we will contact you promptly and issue a credit to your account.

All domestic orders are shipped USPS or UPS, depending on the speed of service requested and current rates. Orders shipped via UPS standard ground service usually arrive within 3-5 business days, except during holidays. Orders shipped USPS will be sent priority mail.

We do not deliver to P.O Boxes.

No international shipping.

If a delivery is refused for any reason, or considered undeliverable due to an invalid shipping address you will be charged a penalty that may include, but not limited to extra shipping charges. Please proof read your address information before finalizing your order.

Cancelling or Changing Orders

All orders are processed as they are received. If you need to cancel your order, please contact us as soon as possible. Orders cannot be cancelled once they are shipped.

Payment Methods

We accept Visa, MasterCard, American Express or PayPal, a free and secure online payment service.

Order Status

To check the status of your order please email us at customerservice@busybelt.com or call us toll free at 1-800-531-2780.

Please Note: Emails are answered in the order they are received, within 1 business day.

Typographical Errors

In the event that a BusyBelt® product is mistakenly listed at an incorrect price, BusyBelt® reserves the right to refuse or cancel any order placed for product listed at the incorrect price. BusyBelt® reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.  If your credit card has already been charged for the purchase and your order is cancelled, BusyBelt® shall issue a credit to your credit card account in the amount of the incorrect price.

Color Representation

Due to variations in computer monitors, BusyBelt® cannot guarantee exact color matches from screen images to actual product.

Terms of Use

This site and all information, content, materials, services and products are provided “as is” and without warranties of any kind, whether express or implied, unless otherwise stated in writing by BusyBelt®. To the fullest extent permissible pursuant to applicable law, BusyBelt® disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. BusyBelt® does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be conned or that this site or the server that makes the site available are free of viruses or other harmful components.  BusyBelt® does not make any warranties or representations regarding the use of the materials in this site in terms of accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions or warranties so the above limitations may not apply to you.

Notice

BusyBelt® may deliver notice to you by means of e-mail, a general notice on the site, or by other standard method to the address you have provided to BusyBelt®.

Use of Site

Harassment in any manner or form on the site, via e-mail, chat, or by use of obscene or abusive language, is strictly prohibited, impersonation of others, including a BusyBelt® or other licensed employee, host or representative, as well as other members or visitors on the site is forbidden. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

BusyBelt® does not and cannot review all communications and materials posted to or created by users accessing the site, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, BusyBelt® is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site.  However, BusyBelt® reserves the right to block or remove communications or materials that it determines to be (1) abusive, defamatory or obscene, (2) fraudulent, deceptive, or misleading, (3) in violation of a copyright, trademark or other intellectual property right of another or (4) offensive or otherwise unacceptable to BusyBelt in its sole discretion.

Risk of Loss and Delivery

If Customer provides BusyBelt® with Customer’s carrier account number or selects a carrier other than a carrier that regularly ships for BusyBelt®, title to products and risk of loss or damage during shipment passes from Busybelt® to Customer upon shipment from BusyBelt® facility or vendor facility (F.O.B. Origin, freight collect). For all other shipments, title to products and risk of loss or damage during shipment passes from BusyBelt® to Customer upon receipt by Customer (F.O.B. Destination, freight prepaid and added). Notwithstanding the foregoing, title to product will remain with the applicable licensor(s) and Customer’s rights therein are contained in the license agreement between such licensor(s) and Customer. BusyBelt® retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges unless otherwise provided in writing.

BusyBelt® will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency. Any shipping dates provided by BusyBelt are estimates only.

Orders, Taxes, Payment Terms and Interest

Orders are not binding upon BusyBelt®until accepted by BusyBelt®. Purchases are required to be prepaid prior to BusyBelt® initiating delivery. Terms of payment are within Busy Belt’s sole discretion. Invoices, if applicable are due and payable within the time period specified on the invoice, measured from the date of invoice, subject to continuing credit approval by BusyBelt®. BusyBelt® may invoice Customer separately for partial shipments. Customer agrees to pay interest on all past-due sums at the lower of one and one-half percent (1 1/2%) per month or at the highest rate allowed by law. Unless specifically collected by BusyBelt®, Customer is responsible, and will indemnify and hold BusyBelt® harmless from, any applicable sales, use transaction, excise or similar taxes (but not limited to, environmental or similar fees), imposed on, in respect of or otherwise associated with the order. Customer must claim any exemption from such taxes, fees or charges and must provide BusyBelt® with the necessary supporting documentation at the time of purchase. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of Busy Belt’s costs of collection, including court costs, filing fees and attorney’s fees.

Damaged Products

If Customer receives damaged products, please refuse the products upon original delivery attempt. If damaged products are accepted from the carrier, such damage should be noted on the carrier delivery record. Please save the product and the original envelope or box, and packaging and notify BusyBelt immediately to arrange for a carrier inspection and a pickup of damaged products. Timely receipt of this information is necessary for BusyBelt to file a damaged claim. Failure to return a product within the applicable warranty period will be deemed to be an acceptance of the product.

Third-Party Links

In an attempt to provide increased value to our visitors, BusyBelt may link to sites operated by third parties. However, even if the third party is affiliated with BusyBelt, BusyBelt has no control over these linked sites, all of which have separate privacy and data collection practices, independent of BusyBelt. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, BusyBelt seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but sites it links to as well (including if a specific link does not work).

Wholesale

Contact Information

BusyBelt® is available to wholesale accounts. Please email customerservice@busybelt.com or complete the wholesale contact form located under our Wholesale tab of this website.

Minimum order

A $180 minimum order is required for all initial orders. All orders must be paid by credit card. Reorders of less than $150 will be subject to a $7.50 handling fee.

Shipping

All shipments will be billed at cost FOB Grand Rapids, Michigan, UPS Ground Service, unless requested otherwise in writing.

Returns

Notice of loss or damage must be given to the carrier immediately. All paperwork and packing material must be retained for inspections. Returns will only be accepted as a result of shipping error. No returns accepted without prior authorization from BusyBelt®. All claims of damage or shortage must be made within 5 days of merchandise receipt.

Return address:

Sensibly Smart LLC
1400 Oakleigh Road NW
Grand Rapids, MI 49504-2001

 

Version Date: 12-8-2011