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Terms
& Conditions
Privacy Policy
Our Guarantee
Ordering Methods
Shipping Methods
Online Security
Return & Cancellation Policy
Sales Tax Charges
Product Idea Submission Policy
Trademarks
Other Information
Shopsmith
Terms & Conditions
The
use of the Shopsmith.com web site (this "Web site") and the sale of products
and services offered on this Web site are governed by the terms and conditions
set forth below and all other disclaimers, guidelines, policies and terms
and conditions of sale appearing on this Web site under "Terms and Conditions".
Your use of this Web site in any manner, whether browsing, activating
an account with us or making a purchase, constitutes your acknowledgement
that you have read the Terms and Conditions and that you agree to follow
and be bound by them. Shopsmith, Inc. reserves the right to modify or
change the Terms and Conditions at any time without prior notice to you.
Therefore, we recommend that you please read them carefully each time
you use this Web site.
Usage Restrictions
You may access and view the Content (as defined below) appearing on this
Web site for personal, non-commercial use only. You may download and/or
copy certain portions of the Content for personal, non-commercial use
only, provided that you (a) retain all copyright, trademark or other proprietary
notices contained on the Content, (b) do not modify or alter the Content
in any way and (c) do not make the Content available to any third party.
Shopsmith, Inc. reserves complete title and full intellectual property
rights in any Content that you download from this Web site.
You agree to use this
Web site only for lawful purposes. The following activities are strictly
prohibited: (i) misrepresenting the identity of a user; (ii) tampering
with this Web site; and (iii) conducting fraudulent activities.
Privacy Policy
Shopsmith, Inc. use of personal information that you may submit to Shopsmith,
Inc. through this Web site is governed by the Shopsmith.com Privacy Policy.
Please see Privacy Policy.
Proprietary Rights
The Shopsmith, Inc. logos and trademarks, as well as other marks, trade
names, trademarks and logos on this Web site, are the properties of their
respective owners. You may not use, reproduce, copy or manipulate such
logos in any manner without the prior written consent of the owner.
The entire contents
of this Web site, including text, images, music, sound, photographs, video,
illustrations, icons, graphics, headers, data, information and software
(collectively, "Content") are subject to copyright, trademark, or other
proprietary rights or licenses held by Shopsmith, Inc. or a Shopsmith,
Inc. affiliate or by third parties who have licensed their rights to Shopsmith,
Inc. All Content is copyrighted as a collective work under the U.S. and
international copyright laws and Shopsmith, Inc. owns, to the fullest
extent allowed by such law, the copyright in the arrangement, coordination,
enhancement and selection of such Content or this Web site. Except as
provided above, you may not make copy, modify or create derivative works
of the Content. In addition, you may not distribute, publish, transmit,
reuse, repost, "and frame" the Content in any manner or sell or attempt
to sell the Content.
Submissions to
www.shopsmith.com and Affiliated Servers
Any remarks, suggestions, ideas, messages and data submitted by you to
Shopsmith, Inc. through this Web site or other Shopsmith, Inc.-affiliated
web sites (collectively, the "Messages") shall be and remain the exclusive
property of Shopsmith, Inc. Therefore, Shopsmith, Inc. discourages you
from submitting Messages that you do not wish to assign to Shopsmith,
Inc., including confidential information or any original creative materials
such as product ideas or original works. You represent and warrant to
Shopsmith, Inc., and accept responsibility for, the accuracy, appropriateness
and legality of the Messages. Your submission of such Messages shall constitute
an assignment to Shopsmith, Inc. of all worldwide right, title and interest
in and to all copyrights and other intellectual property rights in the
Messages. Shopsmith, Inc. is entitled to use, copy modify, disclose, distribute
and make derivative use of any of the Messages for any purpose without
restriction or compensation in any way to you.
Modification of
Content
Shopsmith, Inc. attempts to ensure that the Content on this Web site is
complete and current. As indicated in the DISCLAIMERS set forth below,
Shopsmith, Inc. does not guarantee that the information contained on this
Web site will not contain errors, inaccuracies or omissions. Such errors,
inaccuracies or omissions may relate to price or to product description
or availability. Shopsmith, Inc. reserves the right to correct any error,
inaccuracy or omission or to change or update the Content without prior
notice to you. Further, Shopsmith, Inc. reserves the right to refuse or
cancel any orders containing any error, inaccuracy or omission, whether
or not the order has been submitted, confirmed and/or your credit card
has been charged. If your credit card has been charged for the purchase
and your order is canceled, Shopsmith, Inc. shall promptly issue a credit
to your credit card. If you are otherwise unsatisfied with your purchase,
you may return it to Shopsmith, Inc. in accordance with our Return/Cancellation
Policy. Please see our Return/Cancellation Policy.
Placing an Order
At this time, Shopsmith, Inc. ships merchandise only to locations within
the continental United States, as well as, Alaska and Hawaii and not to
international locations. The risk of loss and title for all merchandise
ordered on this Web site pass to you when the merchandise is delivered
to the shipping carrier. To see Shopsmith, Inc. shipping and delivery
policies in more detail, please see Shipping & Delivery.
You may purchase merchandise
from this Web site by using MasterCard, VISA, American Express or Discover.
Shopsmith, Inc. reserves the right to change its payment procedures at
any time without prior notice to you.
Shopsmith, Inc. is
required by law to collect all taxes based on where your order is being
shipped or delivered. Whey you review your order total during the checkout
process, you'll see the estimated sales tax. The actual charge to your
credit card will reflect the applicable state and local taxes.
Once your order is
submitted to us, we cannot change or cancel an order until your merchandise
is received by you. All returns of merchandise are subject to Shopsmith,
Inc. return policy, available under Returns/Cancellations.
DISCLAIMERS
ALL CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ADVICE
THAT MAY BE GIVEN TO YOU OVER THIS WEBSITE, ARE PROVIDED "AS IS" AND ALL
USE OF THIS WEBSITE IS AT YOUR OWN RISK. SHOPSMITH, INC. DISCLAIMS, AND
YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF SHOPSMITH,
INC., WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE,
WITH RESPECT TO THIS WEBSITE AND ANY CONTENT ON THIS WEBSITE, INCLUDING,
BUT NOT LIMITED TO, ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY OF NON-INFRINGEMENT; AND
(C) CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING,
YOU ACKNOWLEDGE THAT SHOPSMITH, INC. DOES NOT REPRESENT OR WARRANT THAT
THIS WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEBSITE
OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE FROM ERRORS,
DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
SHOPSMITH, INC. DOES
NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED
IN THIS WEBSITE, INCLUDING ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED
BY YOU FROM US OR THROUGH THIS WEBSITE. SHOPSMITH, INC. DOES NOT MAKE
ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE
FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
Shopsmith, Inc. reserves
the right to refuse or cancel any orders placed for products and/or services
for which the sale or use of such products and/or services in your state
is restricted or prohibited.
To properly serve
all customers, Shopsmith, Inc. reserves the right to limit quantities.
Only one (1) of this item may be placed into your shopping cart.
Shopsmith, Inc. further
reserves the right to cancel multiple orders of this item purchased by
the same Shopsmith.com user and/or shipped to the same delivery address.
Shopsmith, Inc. may
display advertising prints for products sold through this Web site. Shopsmith,
Inc. attempts to display the colors of the products shown on this Web
site as accurately as possible. However, we cannot guarantee that the
color you see matches the product color, as the display of color depends,
in part, upon the type of computer monitor used by you.
Limitation of Liability
IN NO EVENT SHALL SHOPSMITH, INC., ITS DIRECTORS, OFFICERS, EMPLOYEES,
AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE,
WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE,
PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY,
TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION,
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL
DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO
USE, OR RESULTS OF USE OF, THIS WEB SITE OR ANY CONTENT ON THIS WEB SITE,
EVEN IF SHOPSMITH, INC. OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEB SITE
AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USE OF THIS WEB SITE. IF ANY PORTION OF THIS
LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN
SHOPSMITH, INC. TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED
DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
Enforcement
By accessing and using this Web site, you agree that your access and use
of this Web site is subject to the Terms and Conditions, and all applicable
laws, as governed by the laws of the State of Ohio, without giving effect
to any principles or conflicts of laws.
Links to Third
Party Web sites
This Web site may contain links to other sites that are neither owned
nor operated by Shopsmith, Inc. (although some such sites may have an
affiliation with Shopsmith, Inc.) (collectively, "Third Party Sites").
Such links are provided for your convenience only. Shopsmith, Inc. makes
no representations whatsoever about any Third Party Sites which you may
access through this Web site, as Shopsmith, Inc. has no control over the
content appearing on such Third Party Sites. Moreover, a link to a Third
Party Site does not imply and does not constitute sponsorship, endorsement,
approval or responsibility for the content on, or the use of, such Third
Party Site. No rights to use or copy the information on this Web site
or the Third Party Site is granted or implied. Please Note: The privacy
policies applicable to Third party Sites may differ significantly from
Shopsmith, Inc. Privacy Policy. You are encouraged to review the applicable
privacy policies of such Third Party Sites.
Miscellaneous
The Terms and Conditions constitute the entire agreement between you and
Shopsmith, Inc. with respect to this Web site. The Terms and Conditions
supersede all prior or contemporaneous communications and proposals, whether
electronic, oral or written between you and Shopsmith, Inc. with respect
to this Web site. No modification of the Terms and Conditions shall be
effective unless it is authorized by Shopsmith, Inc. If any provision
of the Terms and Conditions is found to be contrary to law, then such
provision(s) shall be constructed in a manner to closely reflect, as much
as possible, the intentions of the parties, with the other provisions
remaining in full force and effect.
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Shopsmith Privacy Policy
Our
Guarantee - Buying From Shopsmith, Inc.
Shopping On-line and not being able to touch an item requires a lot of
trust in the merchant you are buying from. We here at Shopsmith, understand
the need to uphold that trust. We'll keep doing our very best every day, with
every order and with every customer to provide you with only highest quality
products backed up with our 100% Satisfaction Guarantee...
Use any
product for a full 30 days. Make as many projects as you would like to be
completely satisfied that the product gives the performance you expect. If
by chance you are not satisfied, you can return the product within 30 days.
No questions asked. See Returning Merchandise for more information.
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Ordering
Methods - Five easy ways to order
1. Order On-line: Using a Credit Card with our Secure On-line Catalog.
This Catalog includes the entire line of Shopsmith Woodworking products, many
items not found in our current printed catalog and Service/Repair parts for
your Shopsmith equipment. Prior to ordering you should be discuss any questions
with a Technical Support agent. You may order any item shown on our web site
through our Secure On-line ordering system.
2.
Telephone Orders: USA & Canadian Customers Call 1-937-890-5197.Customer
Service Representatives are available 9:00 am to 7:00 pm Monday through Friday
and Saturday 9:00 am to 1:00 pm (Eastern Time).
3.
FAX Orders: USA and Canadian Customers - FAX 937-898-9762, 365
days a years, 24 hours a day.
4.
International Orders: Please phone us at 937-898-6070 Ext. 875 or FAX
to 937-898-9762.
5.
Mail Orders: Send your order to us with Check, Money Order or Credit Card
Number and Expiration date. (Do not send cash) Our Ordering Address is...
Shopsmith
6530 Poe Avenue
Dayton, OH 45414-2591
Attention: Order Department
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Available Shipping Methods
Online
Security
The security of your personal information is very important to us. We make
sure your personal information is private and secure. Any time you provide
Shopsmith with personal information, such as your name, address, phone number,
etc., the pages are secure. We use industry standard Secure Socket layer software
(SSL) to encrypt your personal and credit card information during the order
checkout process.
You can
tell that you are in secure mode by the following:
the http in the web address will be replaced by https
depending on the browser, you will see either a padlock (Microsoft
Internet Explorer, AOL, Netscape Communicator) or a solid key (Netscape Navigator)
in the lower section of the browser window. Most browsers also offer additional
security alerts as well.
If you
still don't want to use your credit card on the Internet, no problem. Just
call 1-937-890-5197 and one of our Customer Service representatives will gladly
take your order over the phone.
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Return
& Cancellation Policy
Our Guarantee
Shopping On-line and not being able to touch an item requires a lot of
trust in the merchant you are buying from. We here at Shopsmith, understand
the need to uphold that trust. We'll keep doing our very best every day,
with every order and with every customer to provide you with only highest
quality products backed up with our 100% Satisfaction Guarantee.
Use any product for
a full 30 days. Make as many projects as you would like to be completely
satisfied that the product gives the performance you expect. If by chance
you are not satisfied, you can return the product within 30 days. No questions
asked.
Returning Merchandise
Should you have any dissatisfaction with an item you receive, the item
will be willingly replaced or your money refunded. Simply return the item
within 30 days of receiving it, in its original condition and in the original
packing. All sales are final after 30 days from receipt.
In the event your
merchandise is damaged during its delivery, complete the following steps.
- Retain all packing
material, cartons, and products form the delivery in the condition they
were received.
- Contact the delivery
carrier and request an inspection within 15 days from receipt.
- Call our Customer
Service Department at 1-937-890-5197 for further assistance.
Returns Process
Returns must have your full name, address, and account number as well
as the R.M.A. (Return Merchandise Authorization) Number given to you by
our Customer Service Representative. Please call 1-937-890-5197.
We recommend that
you ship using an insured method. (i.e. Fed-X Ground, UPS or Insured Parcel
Post) We can not replace or refund items that have been lost by the returning
carrier. Refunds will be credited to the original payment method as quickly
as possible after receipt of the return. If the item you are returning
is too large or heavy to ship by Fed-X Ground, UPS or Insured Parcel Post,
please contact us for advice prior to returning that item.
Also, we ask that
you include with the item...
- A copy of the original
invoice and order number.
- The full name and
address of the person who placed the order.
- Your instructions.
We would appreciate
knowing why you are returning the item. Listening to our Customers helps
use maintain our high quality standards and service.
Cancellations Process
Orders are processed immediately. Once an order has been processed, we
are unable to cancel the order. However, once you receive the merchandise,
you can simply return it by following the instructions above. To find
out if your order has been processed, you can check your order online
or contact customer service.
If you provided an
email address at the time of purchase, you would have been sent a confirmation
message that contained a link to check the status of your order. To check
on-line, click on that link provided. Orders with a status of "Shipped"
cannot be cancelled. When the status changes from Processing to Shipped
it means that the delivery company has taken possession of the merchandise.
To contact Customer
Service call 1-937-890-5197.
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Sales Tax Charges
Product
Idea Submission Policy
Shopsmith welcomes your product ideas or suggestions. Because our
internal staff is constantly working on new product development and product
enhancements, only suggestions or product ideas that are submitted on
the official "Product
Idea Submission" form will be considered. Following these procedures
exactly as outlined protects both parties. Shopsmith does not accept any
responsibility for any product ideas pr suggestion that does not comply
with these requirements. All suggestions and product ideas submitted to
Shopsmith become the property of Shopsmith. No compensation is paid for
product ideas or suggestions.
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Use of "Shopsmith" and "MARK V" Trademark Brands
Most companies work hard to create and protect their trademarks, copyrights, service marks, and brands offline and online. Consumers come to know and rely upon trademarks, brands, and service marks as an indication of product quality and reliability, and many companies aggressively defend against counterfeiting, misuse, and misappropriation, so as to maintain consumer confidence in the company's products. Shopsmith is no exception.
Trademarks, copyrights, registered names and other intellectual property (such as advertising copy, photographs, etc), are defined under federal law, and are legally protected by federal law from misappropriation. A good brand has perceived value to the extent that it becomes synonymous with the product it represents. A brand takes marketing strategy, time, and resources to build and a substantial budget to maintain.
When a company achieves branded awareness, consumers and competitors alike will sometimes whether innocently or not, seek to improperly associate themselves, their products, or their services to that brand.
Under the Federal Latham Act [15 U.S.C.A. 1051], the Ohio Deceptive Trade Practices Act, The Federal Trademark Dilution Act of 1995, and other state and federal laws, Shopsmith has legal rights and obligations to limit the use of the "Shopsmith" and "MARK V" trade names, and other service marks, trade names, and copyrights to prevent:
1. Deception as to affiliation, connection or association.
2. Dilution of trademark or product of the senior mark.
3. Threat of "palming off" the senior mark or name.
All three of these limitations and other limitations are applicable to the unauthorized use of Shopsmith's trademarks, service marks, brands, copyrights, and other intellectual property. It is Shopsmith's policy to aggressively defend its intellectual property rights and to prosecute to the maximum extent provided by law any unauthorized use of its intellectual property, including unauthorized use of Shopsmith owned trade names and intellectual property in print, broadcast and on the internet.
Specifically, Shopsmith, Inc., is legally justified in prohibiting the unauthorized use of its trade names and intellectual property on online websites including representations that products are "compatible with Shopsmith … MARK V" or similar stand alone phrasing because that phrasing deceptively implies an affiliation between the advertiser and Shopsmith. Shopsmith encourages consumers to report any instances of such unauthorized use, and Shopsmith will take all necessary steps as provided by law to cause the advertiser to cease and desist from such activity.
©Shopsmith, Inc. All Rights Reserved. "Shopsmith™" and "MARK V™" are Registered Trademarks ® of Shopsmith, Inc.
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Other Important Information
- The
prices listed on the Shopsmith, Inc. website are subject to change without
notice.
- The
information presented at the Shopsmith,Inc. website does not constitute
an offer to sell the items described at the listed prices.
- The
information is presented without prejudice to the rights of Shopsmith, Inc.
to alter or modify sales terms including specifications and price.
- No
information or statements set forth on the Shopsmith, Inc. website constitute
or create a contract of sale or warranty of the goods described.
- No
part of this electronic publication may be reproduced or retransmitted without
written permission of Shopsmith, Inc. Any use or sale for profit is strictly
prohibited.
- Shopsmith
parts & accessories are intended for use only with Shopsmith brand woodworking
equipment.
- Personal
Injury or property damage my result if used with non-Shopsmith brand machinery.
Personal injury or property damage may result if used with non-Shopsmith
brand service parts, accessories, or brand products are mounted on or used
with Shopsmith brand equipment.
- In
the event of either of the above actions, Shopsmith disclaims all liability
& excludes all warranties of merchantability & fitness for particular purpose.
- Orders
are reviewed prior to final acceptance and shipment. We reserve the right
to refuse any order. Promotional sales, coupons and other offers may not
be combined, however you will always receive the best discount available
for your order.
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