Last updated:  October 9, 2018

 

These Terms and Conditions contain a binding arbitration clause that impacts your rights about how to resolve disputes. If you live in the United States, please read them carefully.

 

1. Definitions

In these Terms and Conditions of Sale, “Seller” means RBV, LLC; “Buyer” means the person, firm, company or corporation by whom the order is made.

 

2. The Contract

2.1 All orders must be in writing and are accepted subject to these Terms and Conditions of Sale. No terms or conditions put forward by the Buyer and no representations, warranties, guarantees or other statements not contained in Seller’s Acknowledgement of Order nor otherwise expressly agreed in writing by Seller shall be binding on Seller.

 

2.2 The Contract shall become effective only upon the date of acceptance of Buyer’s order on Seller’s Acknowledgement of Order form.

 

2.3 No alteration or variation of the Contract shall apply unless agreed in writing by both parties. However, Seller reserves the right to effect minor modifications and/or improvements to the Goods before delivery provided that the performance of the Goods is not adversely affected and that neither the Contract Price nor the delivery date is affected.

 

3. Prices

3.1 The prices of the Goods are those prices specified on this website, PivytPost.com. All prices are listed in U.S. dollars and are exclusive of transportation and insurance costs, duties, and all taxes including federal, state and local sales, excise and value added, goods and services taxes, and any other taxes. Buyer agrees to indemnify and hold Seller harmless of any liability of tax in connection with the sale, as well as the collection of withholding thereof, including penalties and interest thereon. When applicable, transportation and taxes shall appear as separate items on Seller’s invoice.

 

3.2 Prices are subject to change at any time for any reason. All prices at the time of order are final.

 

4. Payments

4.1 Payment shall be made in full without set-off, counterclaim or withholding of any kind (save where and to the extent that this cannot by law be excluded) at the time of order.

 

4.2 Payment may be made by cash, check, money order, or credit card. All checks and money orders shall be made out to RBV, LLC.

 

5. Delivery

5.1 Unless otherwise stated in Seller’s order confirmation, all periods stated for delivery or completion run from the Order date are to be treated as estimates only not involving any contractual obligations.

 

5.2 Please allow at least 14 business day from the time of your order for delivery of items. Larger orders may require more time.

 

5.3 RBV, LLC does not ship orders outside of the United States at this time.

 

6. Warranty

6.1 This Limited Warranty applies to physical goods, and only for physical goods, purchased from RBV, LLC. This Limited Warranty covers any defects in material or workmanship under normal use during the Warranty Period. During the Warranty Period, RBV, LLC will repair or replace, at no charge, products or parts of a product that proves defective because of improper material or workmanship, under normal use and maintenance. Damage caused by Buyer incorrectly using product is not covered.

 

6.2 The Warranty Period for Physical Goods purchased from RBV, LLC is 365 days from the date of purchase. A replacement Physical Good or part assumes the remaining warranty of the original Physical Good.

 

6.3 This Limited Warranty does not cover any problem that is caused by conditions, malfunctions, operator error, or damage not resulting from defects in material or workmanship.

 

6.4 To obtain warranty service the Buyer must first contact the Seller to determine the problem and the most appropriate solution. The Buyer may contact the Seller via phone at 1-401-236-1653 or email at contact@pivytpost.com.

 

7. Limitation of Liability

7.1 SELLER’S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS ORDER IS LIMITED TO THE AMOUNT PAID BY THE BUYER FOR THE PHYSICAL GOODS AND/OR SERVICES. TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW, SELLER SHALL NOT BE LIABLE UNDER THIS ORDER FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES.

 

8. Returns and Refunds

8.1 Only products originally shipped from RBV, LLC or from an authorized supplier will be considered for return to RBV, LLC. By a Buyer requesting return of products to RBV, LLC, the Buyer certifies that the products were purchased from RBV, LLC or an authorized supplier and there has been no substitution of the products from another supplier, distributor or other source of the product. Any return must be in the original packaging and in unused condition except if approved for failure analysis/warranty evaluation by an RBV, LLC representative.

 

8.2 Any item for return and/or exchange must be in new condition and in the original packaging. Returns and/or exchanges must be requested within 30 days of ship date. Defective item(s) may be exchanged/returned for the same item. Items purchased from RBV, LLC that have been used or altered and any items that have been sold as Non-Cancelable or Non-Returnable will not be accepted for return or exchange.

 

8.3 Products listed as Non-Cancelable or Non-Returnable are identified on the Cart Page for web orders and via Invoice for all other orders.

 

8.4 RBV, LLC does not refund the original shipping and handling. Buyer is responsible for all return freight charges.

 

8.5 Upon receipt and inspection of returned item(s), RBV, LLC will advise of the refund status. In the case of factory warranty or failure analysis, RBV, LLC will issue any applicable credit pending manufacturer confirmation of failure. RBV, LLC initiaties credits via the original method of payment within 48 hours of approval. Refunds via credit card can take up to 10 business days to post to the account.

 

8.6 How to return an item:

  1. Contact RBV, LLC customer service within 30 days of ship date of item(s) by calling 1-401-236-1653 or by emailing contact@pivytpost.com.
  2. RBV, LLC will issue a Return Material Authorization (RMA) number. Once the RMA number is received, the item(s) must be returned within 14 days. RBV, LLC will provide the Buyer with specific instructions on where to mail/return item(s) with the RMA number.
  3. Include the signed RMA in the return package stating the reason for the return and the original receipt.

9. Intellectual Property

9.1 Seller owns a provisional patent application (Patent Pending #62698926).

 

9.2 Buyer has no right, title, or interest in such patents and applications and the causes of action to sue for infringement thereof and other enforcement rights as a result of any purchases.

 

10. Links to Other Websites

10.1 PivytPost.com may contain links to third-party websites or services that are not owned or controlled by RBV, LLC.

 

10.2 RBV, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. RBV, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

 

11. Copyright

11.1 All content included on this site, such as text, graphics, logos, button icons, images, audio clips, videos, digital downloads, data compilations, and software, is the property of RBV, LLC or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of RBV, LLC, with copyright authorship for this collection by RBV, LLC, and protected by international copyright laws.

 

12. Force Majeure

12.1 Seller is not liable for failure to fulfill its obligations for any accepted Order or for delays in delivery due to causes beyond Seller’s reasonable control including, but not limited to, acts of God, natural or artificial disaster, riot, war, strike, delay by carrier, shortage of Product, acts or omissions of other parties, acts or omissions of civil or military authority, Government priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, acts of terrorism, delays in transportation or inability to obtain labor, material or Products through its regular sources, which shall be considered as an event of force majeure excusing Seller from performance and barring remedies for non-performance. In an event of force majeure condition, the Seller’s time for performance shall be extended for a period equal to the time lost as a consequence of the force majeure condition without subjecting Seller to any liability or penalty. Seller may, at its option, cancel the remaining performance, without any liability or penalty, by giving notice of such cancellation to the Buyer.

 

13. Arbitration

13.1 Any dispute or claim relating in any way to the Buyer’s use of any Goods or Services provided by the Seller will be resolved by binding arbitration, rather than in court, except that the Buyer may assert claims in small claims court if the Buyer’s claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions.

 

14. Governing Law

14.1 This order, these Terms and Conditions, and all related transactions, will be interpreted under and governed by the laws of the State of Rhode Island in the United States of America without regard to its conflict of law principles.

 

15. Changes

15.1 RBV, LLC reserves the right to modify or replace these Terms and Conditions at any time.

 

16. Privacy

16.1 Any information that you or other Buyers provide to RBV, LLC is subject to our Privacy Policy which governs our collection and use of your information.

 

17. Waiver

17.1 Failure of either party to insist on strict compliance with any of the terms, covenants, and conditions of these Terms and Conditions shall not be deemed a waiver of such terms, covenants, and conditions, or of any similar right or power hereunder at any subsequent time.

 

18. Successors and Assigns

18.1 This agreement shall be binding on and inure to the benefits of the parties hereto and their respective heirs, legal or personal representatives, successors, and assigns.

 

19. Integration Provision of Entire Agreement

19.1 This agreement sets forth and constitutes the entire agreement and understanding of the parties with respect to the subject matter hereof. This agreement supersedes any and all prior agreements, negotiations, correspondence, undertakings, promises, covenants, arrangements, communications, representations, and warranties, whether oral or written, of any party to this agreement.

 

20. Cumulative Rights

20.1 Any specific right or remedy provided in these Terms and Conditions will not be exclusive but will be cumulative of all other rights and remedies.

 

21. Termination or Insolvency

21.1 Either party has the right to terminate this agreement where the other party becomes insolvent, fails to pay its bills when due, makes an assignment for the benefit of creditors, goes out of business, or ceases production.

 

21.2 All provisions that logically ought to survive termination of this agreement shall survive.

 

22. Miscellaneous

22.1 Seller will not use Buyer’s name or logo in publicity, advertising, or similar activity, except with the Buyer’s prior written consent. Seller will not disclose the existence of this Order or any of its respective terms to any third party without Buyer’s prior written consent.

 

22.2 If any provision of the Terms and Conditions shall be held or deemed to be or shall, in fact, be illegal, inoperative or unenforceable, this provision shall not affect any other provisions contained in these Terms and Conditions.

 

22.3 The paragraph titles are solely for convenience of reference and shall not affect the meaning or construction of any provision of these Terms and Conditions.

 

22.4 As a condition of use, you promise not to use the product and/or this website for any purpose that is unlawful or prohibited by these Terms and Conditions. By way of example, and not as a limitation, you agree not to use the product and/or this website:

  • To abuse, harass, threaten, impersonate or intimidate any person;
  • To post or transmit, or cause to be posted or transmitted, any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
  • To create or transmit unwanted spam to any person or any URL.

 

If you have any questions about these Terms and Conditions, please contact us.