Introduction
Welcome to ProSeriesWipers.com. This website is operated by Mercantile Development, Inc. (“Us”, “We”, and “Our”). The Terms and Conditions (“Terms”) contained herein on this webpage, and/or available by hyperlink, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms carefully before accessing or using our Website. By accessing or using any part of the Website, you expressly accept all Terms, Conditions, Polices and Notices contained herein in full. If you do not agree to all the terms and conditions of this agreement, then you may not use this Website. This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.Intellectual Property Rights
Mercantile Development, Inc. and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website. The Website and all of its original content, including but not limited to text, logos, images, graphics, icons, audio clips, videos, digital downloads, and software, are the sole property of Mercantile Development, Inc., or licensed by Mercantile Development, Inc. from the copyright owner, and are, as such, fully protected by the appropriate international copyright and other intellectual property rights laws. ADVANTAGE, CHAMPION, CLASSIC, PERFORMANCE IN A POUCH, PREP-ALL, PRISTINE, PRO-SERIES, PRO-TOWEL, SUPER RAG, THE CHAMP, and THE WIPER SPECIALISTS are registered trademarks of Mercantile Development, Inc., and other Website graphics, logos, icons, and scripts are trademarks of Mercantile Development, Inc. Our trademarks and trade dress may not be used in connection with any product or service that is not Mercantile Development Inc, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mercantile Development, Inc. All other trademarks not owned by Mercantile Development, Inc. that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mercantile Development, Inc.Restrictions
This Website has been created for your information and reference. You may not copy, reproduce, distribute or modify the content of any of this Website for any purpose unless it is to conduct the business of Mercantile Development, Inc. or unless you have express written permission from Mercantile Development, Inc. You are expressly and emphatically restricted from all of the following:- publishing any Website material in any media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is, or may be, damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- using this Website to engage in any advertising or marketing
Certain areas of this Website are restricted from access by you and we may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
No warranties
This Website is provided “as is,” with all faults, and we make no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.Online Purchase of Products
- Pricing and Availability
- Taxes
- Payment
- Visa
- MasterCard
- American Express
- Discover
- PayPal
- Shipping
- Returns
- Pricing of merchandise displayed on this Website is subject to change or correction at any time and without notice. Pricing and availability are determined at the time an order is placed. Prices stated are F.O.B. origin and a Shipping and Handling fee will be applied at the time of order. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel orders. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was placed. You agree to provide current, complete and accurate purchase and account information for all purchases made on our Website, so that we can complete your transactions and contact you as needed. We reserve the right, in our sole discretion, to offer Volume Discounts based upon the quantity of merchandise purchased in a single transaction. Volume Discount pricing is subject to product availability, and quantity limits may apply. Resale at retail or online of products purchased under Volume Discount pricing is prohibited.
- We are required by law to add sales tax to orders in accordance with county, state, and federal regulations. If you are a tax-exempt organization, please contact us to submit a tax exemption certificate prior to placing your Website order.
- We accept a variety of payment methods for Website orders:
- We process and ship all orders as quickly as possible, typically within two business days. Turnaround may vary dependent upon current circumstances – if we are experiencing a high volume of orders, shipments may be delayed by a few days. Shipping charges are calculated and displayed at checkout. Most orders will ship UPS Ground, with standard delivery times of 2-5 business days, unless expedited service is selected at checkout. Large/heavy orders may be shipped via LTL carrier to a business address only – we will contact you for further details if this applies to your order. We ship throughout the United States, including Alaska and Hawaii. We cannot process orders calling for shipment to FPO, APO and international addresses. Once your order has shipped, you will receive a confirmation email containing your package tracking number(s). Please allow up to 24 hours for tracking updates to appear. If you need assistance tracking your shipment, please use the Contact Us form or call 1-800-333-0900. Once an order has been shipped, we are unable to guarantee accurate delivery, timing and package arrival condition. If you received your order damaged, please use the Contact Us form or call 1-800-333-0900 within 5 days of receipt, take photographs, and save all packaging materials and damaged goods until resolved.
- Due to the high demand for products for sanitizing and disinfecting applications, all online sales are final. If you believe you have received a defective item, please contact us immediately at orderdesk@mdiwipers.com and we will work with you to rectify the situation!
Limitation of liability
In no event shall Mercantile Development, Inc., nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Mercantile Development, Inc., including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website. This Website may contain hyperlinks to other website and online resources that are not owned or controlled by Mercantile Development, Inc. We have no control over, and therefore cannot assume responsibility for, the content or general practices of any of these third-party sites and/or services. Therefore, we strongly advise you to read the entire terms and conditions and privacy policy of any site that you visit as a result of following a hyperlink that is posted on our Website.Indemnification
You hereby indemnify to the fullest extent Mercantile Development, Inc. from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.Variation of Terms
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your decision to continue to visit and make use of the Website following the posting of any changes to these Terms constitutes your formal acceptance of the new Terms.Assignment
Mercantile Development, Inc. shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.Entire Agreement
The failure of Mercantile Development, Inc. to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. These Terms, including any policies, operating rules, legal notices and disclaimers contained on this Website, constitute the entire agreement between you and Mercantile Development, Inc. in relation to your use of this Website, superseding all prior agreements, communications and understandings with respect to the same (including, but not limited to, any prior versions of the Terms).Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of Connecticut and you submit to the non-exclusive jurisdiction of the state and federal courts located in Connecticut for the resolution of any disputes.