Terms and Conditions
Terms and Conditions of Use
Welcome to our online store. We are pleased to provide you with the goods and services described in this site subject to the following conditions. If you place an order at this site, you accept these conditions. Please read them carefully. In addition, when you use any current or future options on this site, you also will be subject to the guidelines and conditions applicable to such service or business.
SHIPPING
We will ship as soon as we possibly can. We can not be responsible for items in the control of the shipping agency, we insure all orders in case of loss or damage while in their control. Please be aware that we are located in Alaska and rates outside the state are higher. If you have questions about shipping or costs please contact us. All items are shipped priority mail (3-4 days). We do not ship UPS or FED EX. Large non-mailable items may be sent by air carrier of our choosing unless you specify one. Vehicle batteries other than our "no Hazard" batteries must be shipped by air carrier and hazard fees may be applicable. Shipping costs on the order form
are an estimate and based on dollar amount and not weight. Heavy items such as tires will have higher shipping costs, we will send a sales order to you with the shipping charges for your conformation. If you have any questions about shipping costs please call us. From within Alaska: 1-800-446-2611, or outside of Alaska: 1-907-373-2650.
PRICING
Prices may change without notice. Website prices may not reflect a price change. With respect to items sold by us, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover an error, we will do one of the following:
- If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
- If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by us.
RETURNS
You may return new, unopened items within 30 days of purchase. Items must be returned with the invoice, in their original packaging and re-saleable. Damaged or dirty items will be refused and will be returned to the customer. All returns will be subject to a 15% restocking fee. We will not accept returns on merchandise that was opened, used, is missing the serial number or UPC, or returned more then 30 days after purchase. If you would like to make a
return or exchange, you must contact us by phone. Items returned to us without notification will not be eligible for a refund or exchange.
PRODUCT WARRANTIES
Fish Creek Sales LLC, can not handle most product warranties. All warrenties are handled by the respective manufacturers and must be taken up with them. Contact us for warrenty info and where to send an item. If you need manufacturer contact information we will assist you in whatever way we can.
PRIVACY AND ELECTRONIC COMMUNICATION
To understand our practices, please review our Privacy Notice, which also governs your visit to this site.When you visit this site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such
communications be in writing.
LICENSE AND SITE ACCESS
We grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another
merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without express written consent. You may not
use any meta tags or any other "hidden text" utilizing our name or trademarks without our the express written consent. Any unauthorized use terminates the permission or license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this site so long as the link does not portray us, our dealers, or our products products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our logos
or other proprietary graphic or trademark as part of the link our without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. This site does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use this site only with involvement of a parent or guardian. We, our dealers and our affiliates reserve
the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
RISK OF LOSS
All items purchased from this site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier we do insure all items with the US Postal Service and claims for loss can be made.
PRODUCT DESCRIPTIONS
We and our dealers attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER WE NOR OUR DEALERS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR DEALERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM US, OUR DEALERS OR AFFILIATES FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE, OUR DEALERS AND AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.