Terms and Conditions
Please read these terms and conditions fully and carefully as there is information explaining your legal rights, remedies and obligations in connection with On Time Mall, Inc. These terms also contain important information about limitations of liability and resolution of disputes through arbitration rather than court.
Under these Terms, "use" or "access" of the website specifically includes any direct or indirect access or use of the website or any cached version of the website and any direct or indirect access or use of any information or content on the website, regardless of how obtained. The term "website” includes, without limitation, any cached version thereof. Unless otherwise specified, the entity controlling the website you are accessing is referred to herein as “On Time Mall”, “we,” “us” or “our”.
We offer FedEx, UPS, and USPS to the Continental USA. Outside the USA we offer other options. We do not offer PO Box delivery. If you are a commercial client and wish to use your own UPS, FedEx or other accounts please contact us.
Our system knows the shipping weight and size of all items and contacts the shipping carriers during your checkout procedure. It retrieves our shipping cost and charges you that same amount. It is important to note that since certain items are extremely light but large, the shipping cost may seem odd. This is because part of the calculation UPS and FedEx use incorporates the physical size of the shipping box. Basically, if you fill a semi truck with 6 large helium balloons OR with 20 pallets of bricks, the truck has no more room for additional items and is full. Size does matter in the shipping business.
When you receive your items, please check them for any damage. Receipt of damaged goods must be reported to us immediately. If the item is damaged in shipping you should refuse to accept delivery. Some delivery services will permit you to inspect the item before refusing to accept it. Refused items are returned to us by the delivery service. We make every effort to carefully pack our shipments to make sure they get to you undamaged but no system is perfect and things can happen in transit.
Orders delivered outside the USA may have import duties or fees which we do not charge you for at the time of your purchase. Those fees vary based upon the country, item and item cost and are collected by the delivery service upon delivery to your location.
The total time it will take to receive your order is dependent upon your shipping zip code and method selection. Days counted are business days and do not include weekends and holidays.
We take the protection of your information and personal data very seriously and use Secure Sockets Layer (SSL) encryption technology for our online e-commerce transactions. All personal data is encrypted before it moves through the internet to make it almost impossible to read by anything but our authorized decrypting computer. This is the same technology used by banking websites. To constantly verify this technology is updated and working properly, we use Control Scan to test it daily for any possible vulnerability. Although we use SSL and take other reasonable steps to keep you information secure, the transmission of information via the internet is not 100% secure; this risk is common across the internet and not specific to our services. We cannot guarantee the security of your data.
Due to federal banking laws, your liability is limited to $50.00 for fraudulent charges. We agree to cover up to the $50.00 fee, should unauthorized use of your credit card data occur as a result directly caused by a breach of our SSL secure server.
If you still do not want to give your credit card data over the internet, you have 2 options.
- Call us at 800 825-2148 and we will take your order over the phone.
- Just continue to the checkout page. Fill the page out completely and use your browser's print feature to make a hard copy. Now fax that copy over to us at 623 582-1107 and we will hand process your order.
To apply for a refund or exchange, contact customer service for an RMA number. Carefully repackage the item and include a copy of your packing slip in the box along with a note as to why you are returning it. Refunds will only be issued for new, never installed and resalable merchandise, returned to us in the original packaging within 30 days of receipt. Although we will always work with you to ensure you are satisfied with our service and any item we send you, we reserve the right to refuse to refund or exchange any item.
There are NO restocking fees, but you are responsible for the original shipping cost as well as the shipping cost back to us.
As mentioned in our Shipping Policy, any goods damaged during shipping goods must be reported to us immediately. If the item is damaged in shipping you should refuse to accept delivery. Some delivery services will permit you to inspect the item before refusing to accept it. Refused items are returned to us by the delivery service. We will not accept return items damaged during shipping if you do not immediately report the damage to us.
Custom ordered, printed and custom sized items will not be accepted for return.
Once we receive a returned item it is inspected for conformity to our policy. Credits are issued within 24 hours of receiving your return, to the original payment method or credit card only. Credit card adjustments may take up to 7 days to appear on your online credit card system due to banking delays. Returns are to be shipped to the address on the packing slip.
Return Address:OTM RETURNS
1513 W Whispering Wind
Phoenix, AZ 85085
On Time Mall makes no representation about the suitability of the materials on this site for any purpose. All such materials are provided "as is" without warranty of any kind, express or implied. On Time Mall specifically disclaim all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and -non-infringement.
To the extent that any product or service offered by or through On Time Mall has a warranty, that warranty is only offered through the manufacturer. Items may be warranted by their respective manufacturer for 12 months against defects due to manufacturing flaws. Certain items have a longer or shorter manufacturer’s warranty. Some items are disposable and therefore are not warranted for any period of time (e.g., air filters and humidifier pads.)
If you have any questions about an item’s warranty, please contact that item’s manufacturer for information.
Recurring Billing Information
For certain products, we offer Auto Delivery plans that allow you to receive products at regular intervals without having to place a new order each time. Each of these Auto Delivery plans will allow you to select the product, the quantity and how often you want it delivered. These Auto Delivery plans will last until you cancel them and you will be billed when the item ships unless stated otherwise.
You will be sent a notification email roughly 1 week prior to your second and subsequent Auto Delivery, notifying you of your pending shipment. Should you wish to pause or cancel your Auto Delivery, you must do so at least 5 days prior to your shipment leaving our warehouse. You can pause or cancel your Auto Delivery plan by sending an email to email@example.com at least 5 days before your next Auto Delivery OR you can edit your Auto Delivery plan by logging into your account and making the changes youself.
The total cost charged to your selected payment method for each Auto Delivery order will be the cost of the item on the day that order is processed, minus the Auto Delivery discount, plus any applicable sales tax and shipping fees. If we are unable to process your order using the payment method you used to create your subscription, we will attempt to contact you for a new updated payment method.
All returns are subject to our Return Policy. We may at our sole discretion, terminate your Auto Delivery plan at any time without notice. If we do so, you will only be charged for orders that have been shipped to you.
Limitation of Liability for Use of Site
YOUR USE OF THIS SITE ACKNOWLEDGES THAT ON TIME MALL HAS NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT WILL ON TIME MALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. BASED ON THE LAWS OF YOUR STATE/COUNTRY, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
No liability for DIY videos and or Guides
As a part of our services, we may provide videos and/or instructions through our website showing customers how to diagnose, install, repair, maintain or clean a variety of products. These videos and/or instructions are designed only to provide basic information about some of the products we carry. While we strive to provide accurate information, these videos and/or instructions may contain inaccuracies, errors or inconsistencies.
Any guidance or instruction from these videos and/or instructions is meant to be implemented only with the aid of a professional who specializes in the product or service at issue.
By viewing the videos and/or instructions, you agree that any use of the information contained therein shall be at your sole risk. To the fullest extent permitted by law, On Time Mall, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with these videos and/or instructions, and your use thereof. We make no warranties or representation to the accuracy or completeness of the information contained in these videos and/or instructions. By viewing the videos and/or instructions, you agree that On Time Mall, its officers, directors, employees, and agents, assumes no liability or responsibility for any (1) error, mistakes or inaccuracies; (2) personal injury or property damage of any nature whatsoever, resulting from your use of the videos and/or instructions.
Dispute Resolution, Forum Selection & Arbitration
We take great pride in our customer service and we will do our best to quickly resolve any disputes or concerns that arise in connection with the use of this website. In the event your concern or dispute is not resolved, the following procedures will apply.
First, you agree to give On Time Mall two calendar months to resolve any and all disputes, concerns or claims that may arise in any manner, relation or connection with this site, the owners, users or any third party. If these claims or disputes have not been resolved within that time, your exclusive remedy will be to resolve any outstanding claims or disputes through arbitration as described below.
You agree that all disputes and/or claims will be resolved by binding arbitration. This includes any and all disputes, concerns or claims that may arise in any manner, relation or connection with this site, the owners, users or any third party.
You agree that all arbitration between you and On Time Mall will be conducted only on an individual basis and not in a class action, collective or consolidated or representative proceeding. You acknowledge and agree to waive the right to participate as a plaintiff or class member in any purported class action or representative proceeding.
The arbitration will take place in Maricopa County, Arizona, USA unless you and On Time Mall agree otherwise. The preceding sentence may not apply if you are a consumer living in the European Union. If you live in the European Union, you may bring a claim in the county in which you reside.
Please be aware, a resolution through arbitration is not a resolution through any state or federal court. In binding arbitration, there is no judge or jury and review of the outcome is very limited. Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, available at www.adr.org, including the AAA Arbitration Consumer Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
By agreeing to arbitration under the AAA Rules, the parties agree, that the arbitrator, and not any federal, state, or local court or agency, shall have the sole power to rule on any objections with respect to the existence, scope, or validity of the arbitration agreement or to whether any claim or counterclaim may be subject to arbitration as discussed in these Terms.
Arbitration proceeding may be initiated by sending a letter to 1513 W Whispering Wind Drive Phoenix, AZ 85085 that describes in detail your claims or disputes and parties involved.
On Time Mall will begin arbitration proceedings against you by sending a notice letter or email if necessary to the address you provided to the website.
As you use this site and interact with us, we will collect and process personal information about you. Personal information includes any information allowing us to identify you as an individual, for example, your name, your email address or your telephone number.
We strongly believe in the right to privacy and make every effort to keep your information private. We are extremely protective of our client data and know our clients are the lifeblood of the organization. As such, we will use your personal information in accordance with all applicable laws and regulations that relate to data protection and privacy.
What We Collect
Since we are an online retailer, we will primarily ask you for information about your location, payment method and purchases. This includes:
- Your name;
- Your delivery and/or billing address;
- Your email address;
- Your telephone number;
- Payment information including information from credit and debit cards;
- The details of purchases made with us;
- The details of any returns made through us.
As you use our website, we may also collect information. This information may include information about the devices you use to visit our website, IP address, browser type and mobile device identifiers. Additionally, we may collect information that is included in conversations between you and Trion Parts through any emails, letters or other similar communications.
As you use our websites, we may also collect information about the cookies and information about your online browsing, your location, and information about when you click on one of banner advertisements.
We do intend for our website to be used by children. To the best of our knowledge, Trion Parts does not collect information from children under the age of 18. If you are the parent or legal guardian of a child and think we have mistakenly collected your child’s information, please contact us.
How We Collect Information
Almost all of the information we collect comes directly from you. For example, you give us information about your address and payment method when you make a purchase through us. We may also ask you for additional information to improve our customer service to you.
We may collect information from you passively. This means that information about your device or IP address is collected through certain tracking techniques like browsing or flash cookies or similar technology. These tools allow us to recognize new or returning customers, learn which sites refer you to Trion Parts, collect geographic or location data about where you view Trion Parts from, and to customize your experience with us.
How We Use Your Information
We collect information from you for our business purposes. This section explains the business and/or legal reasons behind our collection so that you are able to consent to its collection.
Almost all the information we collect is part of the contractual relationship between you and Trion Parts. For example, when you purchase a product from us, we have a contractual obligation to make sure you receive that product. To meet this obligation we require basic location information and payment information. We may also need this type of information to process a return or respond to a complaint or question. The following are other examples of how your information is used to meet our contractual obligations:
- To process a product return;
- Notify you about changes to our services, contact information or other similar updates;
- Contact you about shipping, billing or other issues that may arise during the use of our services.
We also use your information for a variety of business purposes. For example, we may use your information to respond to your questions and complaints so that we can improve our level of customer service. The following are other examples of how your information is used to for business purposes:
- Send you information about products and services including special offers and discounts;
- Review your past purchases and viewing history on our website so we can offer more tailored offers and information;
- Develop and/or improve our products and services by reviewing customer feedback and other communications;
- Prevent fraud by tracking returns and payment information.;
- Address and/or respond to any claims made against us.
We may also use your information to comply with legal obligations. For example, Trion Parts may use information collected to comply with court orders and similar proceedings.
We will keep your information only as long as it is necessary. That amount time will depend on the reason/s for why we are using the information.
Trion Parts uses the most current Secure Sockets Layer (SSL) technology to protect your information. When you place orders on our websites, all of your order information, including your credit card number and delivery address, is transmitted through the Internet using SSL. SSL technology causes your browser to encrypt your order information. This is the same technology used by banking websites. To constantly verify this technology is updated and working properly, we use Control Scan to test it daily for any possible vulnerability. Experts agree that it is safer to use your credit card on SSL websites than it is to use in a restaurant or store. To learn more about SSL and for verification that Trion Parts uses SSL technology, you can click on the GeoTrust® icon found below.
Although we use SSL and take other reasonable steps to keep you information secure, the transmission of information via the internet is not 100% secure; this risk is common across the internet and not specific to our services. We cannot guarantee the security of your data (including your personal information) transmitted to our services; any transmission is at your own risk. We encourage you to use caution when using the Internet.
For customers who reside in the European Economic Area (EEA), please be aware that your personal information may be sent to and/or stored in countries outside the EEA. These countries may not have the same protections for personal information that is required within the EEA.
Who Else Might See Your Information
Trion Parts does business with a variety of third parties in order to serve you. These include product manufacturers, shipping companies and credit card and banking institutions. We may share your information with these third parties as part of our services to you. For example, when we fulfill product orders, we will use a shipping company to deliver your items. That requires giving the shipping company the information necessary to make the delivery. The same is true for processing payments and improving our customer service.
When we do share information with these third parties, they may only use it to perform the functions for which we contracted with them. For example, when we share delivery information with a shipping company, they can only use that information to deliver the product; they cannot use it to send you promotions or other marketing materials.
We may also share information with the vendors and manufacturers of our products to respond to feedback and questions.
We do not sell or share your information with third parties for their own marketing purposes.
Trion Parts may also share information in order to comply with the law. If we deem it necessary to comply with any law, we may share you information to a government agency or similar investigative body upon request.
In the event that we sell or buy any business or assets, we may disclose your information to a prospective buyer or seller of such assets. Additionally, in the event that all or part of our business is sold we may sell or disclose our customer list in preparation for or as part of that transaction.
At your written request, we will share your information with a third party to help facilitate the resolution of a dispute.
We may at times provide links to websites that are not controlled by Trion Parts. This may include access to certain applications like video players. These external websites are governed by their own respective terms and conditions and you will need to read those terms including the cookie and privacy policies.
We do not accept any liability or responsibility for any issues that may arise in connection with a third party’s use of your data or personal information.
Your Privacy Preferences
As mentioned above, on occasion, we may send you information about new products or services including discounts and special offers. This information is sent to your email address. If you wish to stop receiving these emails, please contact us at firstname.lastname@example.org and we will stop sending you these messages. Please give us thirty (30) days to complete your request.
If you have any other questions about your information that we may have, please contact us at email@example.com and we will get back to you as soon as practicable. We take your privacy concerns seriously and will do our best to help you protect your information.
If you live in the European Economic Area (EEA), you may have additional rights to access and control your personal information. These rights include the ability to ask us to confirm the accuracy of your information; to correct errors in your information; to remove information if there is no valid purpose for us to hold it; to stop using your information in certain circumstances; to notify you of what information we hold that relates to you personally; notification of a breach; and to file a complaint with the local supervisory authority. If you have questions about your rights within the EEA as they relate to our collection of information, please contact us at firstname.lastname@example.org.
For contact information and hours of operation visit our contact page.
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