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Terms and Conditions
Buyer’s Agreement &
General Terms of Sale
THE FOLLOWING DESCRIBES THE TERMS ON WHICH WYVERN PERFORMANCE©
OFFERS ITEMS FOR PURCHASE OR BID
Effective 1/1/04
This agreement describes the terms and conditions applicable to the bid or purchase of any and all items Wyvern Performance markets and sells on all internet sites where Wyvern Performance conducts business. This document is a binding legal contract and is intended to protect the customer as well as Wyvern Performance.
Wyvern Performance may amend this buyer’s agreement at any time by posting the amended terms on our company website located at www.wyvernperformance.com. All amended terms will automatically be effective one day after they are initially posted on our company website, unless otherwise stated within our Buyers Agreement. This agreement may not be amended for any reason, except in consensual writing signed by both the customer and Wyvern Performance. This agreement is effective for all new bids or purchases.
- 100% Satisfaction Guarantee.
Wyvern Performance provides a 30-day inspection period from the date of shipping in which the customer may notify Wyvern Performance of any defects or shipping damages. We offer a 100% Satisfaction Guarantee. If the customer is dissatisfied with the product it may be returned if Wyvern Performance is notified within 30 days from date shipped. Exception, Wyvern Performance will not accept any item for return or refund that is a special order, or any item that is deliberately damaged to avoid the restocking charge. Shipping, handling, and insurance fees are not refundable. A restocking fee of 15% will be applied on all return items unless a defective item cannot be replaced or if an item is returned for credit on an item of equal or greater value. No other warrantee or guarantee is expressed or implied. The buyer shall bear the shipping cost and liability of goods returned to us. Wyvern Performance will not accept any returns without an RMA number. To obtain a return authorization number, contact us by the methods described under the contact section of this agreement. All returned goods must have the RMA number clearly visible on the outside of the package. The customer must include a note inside the package with the RMA#, the contact information, including item number and eBay user ID if applicable and a description of request. A package that arrives without an RMA # or that is returned to a location other than the address listed below can be refused. If you breach this agreement or the terms of sale you may forfeit your right to return any item. All packages must be returned to the Wyvern Performance home office regardless of their shipping origin.
Return Address:
Wyvern Performance
94 Woodland Ct.
Wetumpka, AL 36093 - Contact and Communications.
Email is an easy and convenient means in which to contact Wyvern Performance. However, it is often not a reliable means of communications and it should never be assumed that any email the customer sends to Wyvern Performance has reached its intended destination, unless he/she receives a clear response regarding each individual email that he/she has sent to Wyvern Performance. Many emails that Wyvern Performance sends or responds to are often rejected by the host system for various reasons. Therefore, it is imperative that the customer contact Wyvern Performance by way either the eBay or Amazon messaging system or telephone for all concerns or inquiries that require immediate attention. Our company attempts to answer all email that we receive within 1 business day. Wyvern Performance normally does not answer email on weekends, holidays or after normal business hours. If the customer does not get a response from Wyvern Performance within 1 business days of his/her initial contact attempt then he/she should assume that the email has failed. If a customer’s inquiry is of a nature that needs immediate attention, or the email has failed, he/she should promptly contact us by phone, U.S. Mail, or other mail carrier. For any form of time sensitive request, such as but not limited to, return authorization or refunds, we will extend the time period by two days when email fails where the customer must contact us phone or use snail mail. If you use U.S. Mail, or another carrier, the postmarked date will be considered the contact date.
Our main email address is: sales@wyvernperformace.com
Phone 334-567-3816. Monday - Friday from 10:00AM to 4:30PM Central Time
Mailing Address:
Wyvern Performance
94 Woodland Ct
Wetumpka, AL 36093 - Bidding and Buying.
Customers are obligated to complete the transaction with Wyvern Performance if he/she purchases an item through one of Wyvern Performance fixed price formats or if they are the highest bidder, as described below. If you the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and the bid is accepted by Wyvern Performance, you are obligated to complete the transaction with us. By bidding on an item you consent to be bound by this agreement and the conditions of sale included in the item's description so long as those conditions of sale are not in violation of the auction company's rules or unlawful. Bids are not retractable excluding exceptional circumstances including, but not limited to, a material change in the products description after you bid, or a clear typographical error is made. - Payment.
The customer agrees to pay Wyvern Performance in full for sold items and the applicable shipping and handling fees within seven days of the closing of an auction or sale date. Accounts that are more than seven days past due may be considered a breach of this agreement. It is the buyer’s responsibility to get his/her payment to Wyvern Performance correctly. Wyvern Performance will send an email when the customer’s payment is posted. The customer should not assume that his/her payment has reached us until he/she receives valid conformation. If a customer does not receive a confirmation by email in the expected time, please contact us. If paying by electronic means such as Paypal or credit card, we will only be able to ship to the verified billing address on file with that company. Also if paying by credit card you may be required to provide a FAX copy of your photo ID and credit card. Payments by check are held 10 days to clear our bank before shipping. Please make checks or money orders payable to Alex Wilcox and include your eBay user ID and item number with your payment (when applicable). - Over payment.
Sending the proper payment is the buyer’s responsibility. In the event the buyer over pays through no fault of Wyvern Performance, we will first attempt to apply the over payment to any unpaid balances that may be due. If no other balances are due we will refund the over payment as follows; If payment was made by electronic means such as credit card, we will credit the amount of the over payment less any fees that Wyvern Performance is charged by the processor and an additional $2.00 handling fee. If the over payment was made by check or money order, we will issue a check for the full amount of the over payment less a $2.00 handling fee. - Pictures appearance, perception, and glare.
Wyvern Performance attempts to display pictures that represent the most typical specimen of our merchandise. Our pictures are taken from different angles and distances in order to show the optimal view and are not to scale. Due to the many different sizes of monitors and their possible display resolutions, it is not possible to accurately determine the size of any object in any picture. Wyvern Performance specifies the sizes, weights, and dimensions for most of our products when applicable. Customers should rely on the written text in the description to judge the correct size of any product. It is also difficult to display the exact color of an item due to variations in computer monitors. - Feedback all sales / eBay & Amazon.
Wyvern Performance takes its customers’ feedback and ratings very serious. For this reason we have made a substantial investment in our reputation. Therefore, we make every reasonable effort to satisfy each customer within the terms of this buyer’s agreement and Wyvern Performance’s other terms and regulations. We have a 100% Satisfaction Guarantee and we also guarantee safe delivery of all packages. Because we offer such considerations the customer must contact us as described in the "Contact and Communications" section of this agreement and give us an opportunity to satisfy your complaint before leaving any negative or damaging feedback's or ratings in any public forum. You forfeit any right to leave feedback if you fail to pay us in full or breach this agreement. There can be serious repercussions for disclosing or publishing false or inappropriate negative feedback's or ratings. Inappropriate negative feedback includes, but is not limited to; criticism as a result of any action we are entitled to do by law; negative feedback regarding the terms of this agreement, or the user agreement of the auction company where the item was purchased, and any claim that cannot be proven. In such cases of inappropriate feedback we can seek damages both actual and punitive as well as attorney fees in addition to having the feedback removed. There is no other restriction in this agreement to prevent anyone from leaving negative feedback or rating after the transaction is final as long as the claim can be substantiated. - EBay’s User's Agreement.
If you are making your purchase through EBay. You agree to abide by the EBay’s user's agreement. If you violate EBay’s User's Agreement in any way related to your transaction with Wyvern Performance, you are also in violation of this agreement. - Liability Limit.
Wyvern Performance is not responsible for the use or misuse of any of our products. Our maximum liability will not be greater than the actual amount paid for the item, plus the normal shipping and handling fees. - Errors and omissions.
In the event of a material error or omission in the description of any item the buyer may cancel the transaction and is entitled to a 100% refund of the amount paid for the item plus any shipping and handling paid to Wyvern Performance. The buyer will also be entitled to free priority mail shipping on their next purchase. If an error occurs in the starting bid price of any auction item, we may cancel the auction before or after the auction closes without remedy to the buyer other than a complete refund of any money paid. The buyer is not entitled to any other remedy other than described here. - No longer available or out of stock items.
In the rare event that any item is temporarily out of stock we may delay shipment of up to ten business days. If an item is unavailable for more than ten business days, or becomes lost, damaged, or any reason that prevents us from delivering the item, the buyer upon request is entitled to a 100% refund of all money paid for the item and shipping plus the buyer will be entitled to free standard shipping on the next purchase. The buyer is not entitled to any other remedy other than described here. - Payments by Credit Card (PayPal).
Wyvern Performance will accept credit cards for payment as cash through PayPal only. In order to reduce credit card fraud, we reserve the right to require identification of card holder. In some cases we may require a FAX copy of your credit card and Driver’s license. We will require FAX copies if your shipping address is other than your verified billing address. We reserve the right to decline any credit card that doesn't meet our internal policies. The buyer agrees not to process any charge backs for any charge that the buyer had authorized. Wyvern Performance will credit your credit card for any items returned for refund or any items lost in shipping that comply with the terms of this agreement. If this provision is breached and a charge back is processed in violation of this agreement, Wyvern Performance may charge your card for the amount of the charge back, all bank fees, and charge back fees. - Electronic Payment, Paypal, and Amazon Payments.
We will accept these forms of payment as cash. We reserve the right to decline any electronic payment that doesn't meet our internal policies. Most electronic payment companies restrict us to ship only to the verified address on file with that company. In these cases we may refuse to ship to any other address. The buyer agrees not to process any charge backs for any payment that the buyer had authorized. Wyvern Performance will credit the account from which the payment was sent for any items returned for refund or any items lost in shipping that comply with the terms of this agreement. - Foreign Checks and Money Orders.
We do not accept checks and money orders that are not drawn on a US bank in US dollars. Exception for Canadian Postal money orders that are in US dollars. If we receive a foreign check or money order, we may at our discretion notify the sender and request a new form of payment or we may deposit the item in our bank and add a $15.00 processing fee to your account which must be paid before the item is shipped. - Breach.
Without limiting other remedies, we may immediately issue a warning; we may terminate your transaction and refuse to provide any services to you; you may forfeit any and all rights for an exchange or refund for any reason including items lost in the mail and any undelivered goods: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if you fail to pay in full within 7 days of the close of the auction or purchase date for all items; or (c) if you damage Wyvern Performance by leaving harmful or negative comments that are false or unsubstantiated in any public forum of any Internet auction or on-line store; or (d) You fail to contact us by the methods described in the "Contact and Communications" section of this document and give us an opportunity to correct the problem before leaving harmful or negative comments that are in any public forum of any Internet auction or on line store. - Litigation.
Any legal controversy or legal clam arising out of or relating to this Agreement, our services or products shall be resolved in the jurisdiction of Wyvern Performance's home office in Elmore County, Alabama. By making a purchase with Wyvern Performance, buyer agrees to submit to the jurisdiction of Elmore County, Alabama, and specifically waives any defense of lack of personal jurisdiction. Wyvern Performance further sets the sum of $1000.00 as liquidated damages for breach of this agreement as set out in paragraphs 7, 8 and 15, above, a reasonable attorney's fee, and the sum of $500.00 as liquidated damages for breach of this agreement regarding charge backs as set out in paragraphs 12 and 13 above. In the event the court rules against Wyvern Performance, we will pay the judgment within 30 days unless an appeal is filed. In the event the court rules in favor of Wyvern Performance, we may charge the judgment to the customer's credit card on file unless appeal is filed and appeal bond posted. Access to Wyvern Performance through the Internet shall not be construed as Wyvern Performance’s purposeful availment of the privileges or benefits of doing business in any state or legal jurisdiction other than the State of Alabama. This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to its conflicts or choice of laws principles. In any legal action arising out of or relating to this Agreement, our services or products, the Elmore County Court, State of Alabama, shall have sole and exclusive jurisdiction and venue, over such action, or if that court lacks subject matter jurisdiction, the United States District Court for the Middle District of Alabama, shall have sole and exclusive jurisdiction and venue over such action. - General.
This Agreement shall be governed in all respects by the laws of the State of Alabama as such laws are applied to agreements entered into and to be performed entirely within Alabama between Alabama residents. We do not guarantee continuous, uninterrupted, or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or not enforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Wyvern Performance, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope, or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by others. - Reserve the right To Restrict Access or cancel auction.
We reserve the right to restrict access to any of our Internet sites and auctions. We have the right to block or otherwise refuse service to any one that has breached this agreement. If we send notice in any form or we add any name to a blocked bidder list on any site, the Buyer is considered banned from any further transaction with Wyvern Performance regardless of any alias used. We reserve the right to cancel any and all bids and cancel any auction before it closes for any reason. - Shipping and Shipping Rates.
Auction items can be combined from our eBay store at the same time for additional savings. It is the responsibility of the buyer to combine the items and calculate the correct shipping when the discount is specified in the listing. The buyer may also contact us to have us send an invoice for combined auction and eBay store items for a shipping discount. However, items must be combined before payment is made. Once payment is submitted we can no longer combine items for a shipping discount. After each auction closes, we will send you an automated notice from eBay / PayPal. By following the instruction in the eBay check out, you will be able to combine multiple auctions when the shipping discount is specified or a quote has been previously provided. We cannot ship FedEx or UPS to any US Post box. If you do select FedEx or UPS with a US Post Box address, your item will be shipped by the equivalent USPO means. For all foreign shipments the buyer is responsible for any and all taxes and tariffs and they are usually collected COD by the carrier. If you require tracking or proof of delivery then you must select the appropriate shipping option for your preferred carrier or that of the methods offered in the listing. Delivery confirmation is provided standard for 1st class mail or Priority. All shipments over $100.00 or any item paid by electronic means must be shipped with tracking. For international packages where tracking is required, Global Express Mail or Registered Air Mail may be used. - Lost Shipment Policy.
Wyvern Performance will insure all shipments. Shipments within the USA are insured 100%. Shipment outside the USA may not be insured for the full amount, they will only be insured to the maximum amount allowed by the carrier. In some case it is as low as $40.00. To claim a lost shipment for US Mail inside the USA you must notify us no sooner than 20 days and no latter then 40 days past the shipping date. For lost mail outside the USA you must notify us no sooner than 45 days and no later than 90 days past the shipping date. Some foreign countries may hold packages up to 6 weeks to clear customs. For packages shipped US Express Mail, UPS or by Federal Express, you must notify us of a lost package no sooner than 3 days and no later than 10 days past the shipping date. In addition to notifying us you must complete a "U.S. Postal Lost Mail Claim Form" (PS1000) which can be obtained at any U.S. Post Office or by request we can attempt to mail one to you. We will replace the items lost upon receipt of the properly completed PS1000. For any item that cannot be replaced a 100% refund will be issued. - Refund Policy.
All returned items must be in original condition with all of the original packing materials, parts, & documentation. The normal processing time for refunds is 7 days for PayPal, and 15 days for all payments mailed in. Please be patient as we process your refund. If this processing time presents a hardship for you, please contact us and we will attempt to expedite your refund. There is a 15% restocking fee on all items returned for refund. We will waive the restocking fee if credit is applied towards any item of equal or greater value. Shipping, handling, and insurance are not refundable. In no event shall we be responsible for incidental or consequential damages, including loss of use, income or profits, arising out of or in connection with the purchase of your merchandise, without limitation, breach of any obligation imposed on us hereunder or in connection herewith, even if we have been advised of the possibility of such damages. Wyvern Performance will not refund any labor charges or installation fees under any conditions. Wyvern Performance will also not offer reimbursement for any damage acquired during installation or any other use of a product. All products are highly recommended to be installed professionally. We do not provide any installation assistance, otherwise provided, is (are) for reference only. We will not be responsible for any installation problems, installation fees that may be incurred during the installation of any products sold, or products damaged during the installation process. Buyer assumes responsibility for violations of local laws and rules that may result from use of merchandise. Please check your local laws and research the item to make sure you are purchasing the correct items. We will not be responsible for any legal issues arising from the usage of any items. - Harassing communication
Wyvern Performance expects every customer to treat our staff with common courtesy and respect. We operate in the State of Alabama where harassing communication is a misdemeanor crime. Therefore if we receive any type of harassing communication such as profanity, vulgar language, obscenities, or threats of violence, we may refuse to provide any further service to you and reject any further communications from you.
Last revised on 5/1/18
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