Terms of Sales

Terms of Payment

Unless otherwise set forth on the face hereof, all orders shall be paid in full in U.S. dollars at the time of order placement.  When partial shipments are made, payments shall become due at the time of shipment covering any such partial shipment.

Credit Cards

Winter Monkey, LLC accepts credit cards as a form of payment. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order.

Multiple Product Orders

For multiple product orders, Winter Monkey, LLC will make every attempt to ship all items contained in that order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge will be applied to the first product(s) shipped on a multiple shipment order.

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify Winter Monkey, LLC’s acceptance of your order, nor does it constitute confirmation of Winter Monkey, LLC’s offer to sell. Winter Monkey, LLC reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.

Out-of-Stock Products

Winter Monkey, LLC will ship your product as it becomes available. Usually, products ship by the next business day. However, there may be times when the product you have ordered is out-of-stock, which will delay fulfilling your order. Winter Monkey, LLC will keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. You may cancel your order at any time prior to shipping.

Delivery and Title

Title to the Materials and risk of loss or damage to the Materials shall pass to you at the Material’s location, immediately upon delivery to a suitable carrier, subject to Winter Monkey, LLC’s security interest in such Materials as described herein. Notwithstanding title to the products passing to you, title shall not pass to you as to any Winter Monkey, LLC intellectual property or other proprietary rights.

Shipping Policy

Shipping Time -- Most orders will ship the next business day, provided the product ordered is in stock. Orders are not processed or shipped on Saturday or Sunday, except by prior arrangement.

Winter Monkey, LLC cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by this site or other parties only as an estimate. Winter Monkey, LLC encourages you to order in a timely fashion to avoid delays caused by shipping or product availability. All shipping dates are approximate and Winter Monkey, LLC may change the delivery date without penalty provided Winter Monkey, LLC provides you with reasonable notice of such change. Winter Monkey, LLC shall not be responsible for any failure to perform or delay, which is directly or indirectly due to circumstances beyond its reasonable control, including, without limitation, earthquakes, governmental regulation, fire, flood, labor difficulties, civil disorder, and acts of God.

In the absence of specific shipping instructions, Winter Monkey, LLC shall select a carrier who shall be deemed to act as Winter Monkey, LLC’s agent. Winter Monkey, LLC shall be under no obligation to ship via any carrier selected by you if such carrier does not comply with applicable laws. Unless otherwise indicated, you are obligated to obtain insurance against damage to products being shipped, and all products will be shipped in standard commercial packaging. When special or export packaging is requested or, in the opinion of Winter Monkey, LLC, required under the circumstances, the cost of the same will be added to shipping fees. 

Returns

Within sixty days of shipment, Winter Monkey, LLC will gladly accept the return of Materials that are defective due to defects in manufacturing and/or workmanship. Fulfillment mistakes that may be made, which result in the shipment of incorrect Materials to you will also be accepted for return.  

This sixty-day return policy is contingent upon proper use of the Materials in the applications for which they were intended and does not apply to any Materials that are subjected to unusual physical or electrical stress, misuse, neglect, accident or which have been altered or soldered, improper testing or storage, unauthorized repair, or problems that arise from any use of Winter Monkey, LLC Materials with other products for which their use it not intended by Winter Monkey, LLC. This sixty-day return policy is non-transferable and shall extend only to you, and not to any third parties (including, without limitation, your suppliers, customers, or any end users).

You shall notify Winter Monkey, LLC in writing by describing the nature of the defect or non-conformity, and return such Materials to Winter Monkey, LLC. You shall ship such Materials back to Winter Monkey, LLC at your expense. Winter Monkey, LLC shall, at its option, issue a credit for the purchase price, refund the purchase prices, or promptly repair or replace non-conforming Materials, and shall pay the costs of any such repair or replacement, including transportation costs incurred in reshipping repaired or replaced Materials back to you, unless (i) the Materials are not defective, or (ii) the Materials are defective due to your or any third party’s improper use, application, installation, repair, damage, misuse, abuse, or failure to use appropriate component parts and materials. The remedy stated in this section of Winter Monkey, LLC reshipping to you if appropriate shall be your sole remedy.

No prorations/refunds will be given because you did not review all features or aspects of any Materials before placing your order.

Shopping Cart Help

This online store is powered by 3DCART SHOPPING CART SOFTWARE. The 3dcart ecommerce solution provides the means to power this Winter Monkey, LLC’s site but is in no way responsible for the activities/content found within. All content found on this site; including Materials, Services, products, web copy, promotions etc., is the sole property of Winter Monkey, LLC and has no direct ties to 3dcart as a company. If you have any questions about what appears inside this site, please contact Winter Monkey, LLC directly from the Contact Us page.

Taxes

Winter Monkey, LLC’s store will automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the same state(s)/province(s) where Winter Monkey, LLC holds a presence. For orders shipped to other areas, you (the shopper) are solely responsible for any sales taxes and/or other taxes that may apply.

Import and Export Requirements

You shall, at your own expense, pay all import and export licenses and permits, pay all value-added and other VATs, customs charges and duty fees, and take all other actions required to accomplish the export and import of the products you purchase. You understand that Winter Monkey, LLC may be subject to regulation by agencies of the U.S. government, including the U.S. Department of Commerce, which prohibits export or diversion of certain technical products to certain countries. You warrants that you will comply in all respects with the export and re-export restrictions set forth in the export license for any and all Materials and Services shipped to you.

Typographical Errors

In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from Winter Monkey, LLC’s suppliers, Winter Monkey, LLC shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Winter Monkey, LLC shall also have 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 canceled, Winter Monkey, LLC will issue a refund to your card in the amount of the incorrect price.