PRIVACY

Please review our Privacy Policy, which  governs your visit to our web site.

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 express written consent of Red Reef Publications.  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 express written consent of Red Reef Publications. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Red Reef Publications without express written consent. You may not issue server requests for any of our images or cgi scripts from a site other than that operated by Red Reef Publications (http://www.redreef.com) or Brain-Mart (https://www.brain-mart.com), an internet division of Red Reef Publications.  You may not use any meta tags or any other "hidden text" utilizing our  name without our express written consent. Any unauthorized use terminates the permission or license granted by us to the user, and we may take any action to remedy the condition. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of of our web sites so long as the link does not portray our business interests or  products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic as part of the link without express written permission.

YOUR ACCOUNT

You are responsible for maintaining the confidentiality of your account.  We do not sell products to minors, but rather, sell to adults who can purchase with a credit card or otherwise enter into contractual purchases. If you are under 18, you may use our web site only with involvement of a parent or guardian. Red Reef Publications reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

RISK OF LOSS

All items purchased from Brain-Mart.com, are made pursuant  to a shipment contract. This means that the risk of loss and title for such items pass exclusively to the BUYER upon our delivery of the product to the carrier.

EXPORT

Before any sale for export or exportation of the commodities covered by this invoice, a validated Export License and Destination Control Statement may be required from the United States Department of Commerce, Office of Export Administration.  It is the responsibility of the buyer to satisfy all conditions for export, both for the United States of America and other destination countries.

PRODUCT DESCRIPTIONS

We attempt to be as accurate as possible in product descriptions. However, we do not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free.  Specifically, manufacturers may change the configuration or content of a product without informing us, and therefore we cannot be held responsible for such changes in a product.  If our product descriptions are judged to be inaccurate, the buyer's sole remedy is to return the product(s) in unused condition. Unused Condition means that the returned product(s) must be defect-free, packed in its original carton with any and all documentation and accessories, and in original condition suitable for resale. If the returned product(s) do not satisfy these conditions return/restocking fees described below will be charged to the BUYER.

RETAIN YOUR INVOICE FOR YOUR RECORDS

Your original invoice serves as dated proof-of-purchase for all purposes.  No returns for refund or exchange will be accepted unless accompanied by a copy of this invoice.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY RED REEF PUBLICATIONS ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO 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, RED REEF PUBLICATIONS DISCLAIMS 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 ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RED REEF PUBLICATIONS 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.

RETURNS AND EXCHANGES

Food products are non-returnable.  Software that has been opened or shows any alteration in factory seals or wrapping is non-returnable.  Customers wishing to return merchandise for any reason may first contact our Customer Support  for a Return Merchandise Authorization (RMA) number which is valid up to 30 days after purchase.  Returns must be shipped to SELLER prepaid to the address below. A copy of your original invoice or packing slip is required to process your return.  Requests for refund will be limited to 30 days from the invoice date.  Merchandise to be returned for refund must be in original, new, retail condition and be accompanied by all original packaging, documentation and accessories.  All original void fill contained in the product carton and shipping container must be returned.  The original product carton cannot be defaced by marks or tape.   Seller reserves the right to refuse merchandise if returns do not meet the above requirements, AND/OR charge a 20% re-stocking fee for returns not meeting the above requirements.  If the above conditions are not  met the BUYER will be responsible for shipping and insurance charges required to return the merchandise to the BUYER.  Returns of special-order products are subject to a 30% re-stocking fee.  Customers returning merchandise that meet the above requirements of being in original, new retail condition will incur a 6% return credit transaction fee if merchandise was purchased using a charge transaction.

SHORTAGE/DAMAGE CLAIMS

Please inspect all shipments upon receipt and note any visible external damage on the delivery receipt before accepting delivery.  In the case of concealed damage or loss, retain all packing materials for inspection by the carrier.  It is the BUYER’S responsibility to purchase freight insurance for product(s), and damage resulting from the fault of the carrier must be resolved between the BUYER and the carrier, or the carrier’s insurance company.  Any damage, loss, shortage or any other discrepancy with your order MUST be reported to SELLER and CARRIER within 10 days of receipt.  Claims for shortages or damage will not be honored after this period.

ADDITIONAL INFORMATION

Prices are subject to change without notice.  We are not responsible for typographical errors.  We reserve the right to limit quantities and to substitute manufacturer.  All merchandise is subject to prior sale.  Items pictured may only be representative of the actual product.

DEFECTIVE MERCHANDISE

Our liability for products that have defects in material workmanship is limited exclusively to replacement of the defective product, or component of product.  We are not liable for any incidental or consequential damages arising from defects produced by manufacturers of products.

REFUSAL OF DELIVERY

Buyers refusing delivery of shipments are responsible for both initial and return shipping charges.  Total shipping charge liability on the part of the BUYER will be two-times (2X)  the original invoiced shipping charges.

APPLICABLE LAW

By visiting our web sites, you agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Red Reef Publications or its affiliates.
 

SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our site, policies, and these Terms of Use - Conditions of Sale 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.

OUR ADDRESS

Brain-Mart, An Internet Division of Red Reef Publications
P.O. Box 4286
Boynton Beach, FL  33424-4286
http://www.redreef.com  https://www.brain-mart.com