Conditions of Sale

CONDITIONS OF SALE POLICY

PLEASE READ THE FOLLOWING CONDITIONS OF SALE CAREFULLY.
PURCHASING FROM THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE CONDITIONS OF SALE.

This Conditions of Sale Policy will apply to the website, www.MightyMite.com (the “Website“), which is owned by Mighty Mite®, a division of Westheimer Corporation (the “Company“).

Privacy & Security: You acknowledge that you have read and agree to the Privacy & Security Policy that appears on the Website.

Terms of Use: You acknowledge that you have read and agree to the Terms of Use that appears on the Website.

Sale Conditions

PICKUPS:

NECKS:

Carefully inspect your neck prior to installation and/or modification; it is non-returnable once altered. Since wood is organic, your neck may have minor grain imperfections; this is normal and not considered a second or “blem”. Unless otherwise stated, all necks on Website are new necks.
Please Contact Us if you have any questions or concerns about your neck when it arrives. Company cannot guarantee exact neck pocket fit due to varying manufacturer tolerances, wood shrinkage and/or expansion that may occur overtime, etc. Some neck pocket modification may be required. If you are not familiar with this procedure, please contact a professional for assistance.
Company is not liable for the unauthorized placement or incorporation of licensed Fender® Replacement Necks of guitars/basses not sold by Fender® Musical Instrument Corporation.

Methods of Payment

Taxes: The only tax that Company Website must collect at this time is the Illinois State Sales Tax when an order is shipped to an address in Illinois.

Orders

Order Acceptance Policy: Receipt of your electronic order confirmation does not signify our acceptance of your order, nor does it constitute conformation of our offer to sell. Company reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.

Company may require additional verification or information before accepting any order. After placing an order with Website please check your email just in case Company needs to contact you for additional information. Your order will be deemed accepted by Company upon shipment of product. Title of goods passes to you upon delivery to the common carrier. Should Company not fulfill your order completely after it is charged to your credit card, Company will refund any outstanding amount back to same card and notify you by email.
Any order over US$2,000.00 value cannot be placed over Website and must be phoned or emailed to orders@mightymite.com.

Order Refusal: Company shall have the right to refuse or cancel any orders placed for products at an incorrect price or typographical error or containing any other incorrect information. Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and paid for. If your credit card has already been charged for the purchase and your order is refused or cancelled; Company will refund the credit card account that the amount was charged to.

BackOrders: You can reach us at support@mightymite.com to inquire about the status of any back order products.

Returns

Shipping Damage: Shipping damage must be reported within 48 hours of receiving the product. Keep the Original shipping material and carton(s) until you have thoroughly checked your product. Product shipped from Website has been properly packed. Shipping damage shall not be the responsibility of Company to bear. Failure to report damage or maintain original shipping material within the 48 hour time period will delay the damage claim process delaying any refund that you may be entitled to.

Exchanges: When you receive your order and it is not what you expected; Company is happy to exchange it for you as long as you follow the Warranty and Return Policy. Company will apply the return credit towards the exchange product. In the event additional credit is owed, credit will be issued to the original method of payment. If you are exchanging a neck due to the wood character, the Company is not responsible to cover any freight expenses. Company cannot exchange Third Party purchases.

Warranty: See Warranty section for complete policy. Company is unable to warranty any product that is not currently for sale on the Website. Mighty Mite® is not affiliated with Fender® and no Fender® warranty applies. Only NEW product can be warrantied. Used or altered product cannot be warrantied. Product Manuals are for reference purposes only and does not qualify for warranty.

Product Registration is required within 10 days of receipt of your product. Be sure to retain a copy of your sales receipt; you will be need this for any warranty issues.

Company cannot be held liable for any product(s) purchased from a Third Party.

Subject to limitations set forth above. To validate your warranty, a product registration to be completed within 10 days of receipt of product.

International Customers: Company is not responsible and will not pay any duties, VAT or other import fees or taxes. You will need to be available to receive your shipment and be prepared to pay these fees. Due to updated CITES regulations; Company will not be shipping any necks that contain rosewood; these models are identifiable with a -R on the part number.

Website

Typographical Errors: In the event product is listed at an incorrect price (due to incorrect pricing received from our supplier); Company reserves the right to cancel or refuse any order placed for the product at the incorrect price.

Company shall not be liable to you or to any third-party for any modifications, price changes, suspension or discontinuance of the Service.

Consent to Collect, Use & Disclose your Personal Information: Refer to Privacy & Security Policy for full disclosure. You must disclose certain personal information to make a purchase, register your warranty, request a return, just simply contacting us through our Website.

As a condition of making any transactions on our Website, you represent that you have first read our Privacy & Security, Terms of Use and Conditions of Sale Policies and consent to the collections, use and disclosure of your information. These policies will change from time to time, always review all policies before you purchase.

Electronic Communication: When you visit our Website or send us emails, you are communicating with us electronically. You consent to receive communications from us electronically. Company will communicate with you via email. You agree that all agreements, notices, disclosures and other communications that Company provide to you electronically satisfy any legal requirement that such communications be in writing.

Links: This site may contain links to other Internet sites that are owned and operated by third parties. You acknowledge that Company is not responsible for the operation of or content of these linked site. All linked sites have their own privacy and data collection policies; for which you should review.

Indemnification: You agree to indemnify and hold harmless Company, its owners, affiliates, offices, director and employees from any claim or demand, including reasonable attorney’s fees, made by any third party arising out of or related to your violation of this Terms of Use or your violation of any laws, regulation or third-party right.

Limit of Liability: The entire risk of using the Website, the use of any products and/or services offered on or in connection with the site remains on you.

In no event shall Company, officers, directors, employee’s or its affiliates be liable for any consequential, incidental, direct, indirect, special, punitive, loss of time or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruptions, or other financial loss) arising out of these conditions of sale or the use of or inability to use any products or services, with the delay or inability to use the Website, the provision of or failure to provide products, or for any information, products, and content obtained through the white, or otherwise even if Company has been advised of the possibility of such damages.
Notwithstanding anything else in these Conditions of Sale or posted on this Website, the maximum liability that Company shall have is limited to any amounts actually paid to Company by the user. Order information such as billing or shipping address that is inaccurate or incomplete may result in delays or lost packages; that shall not be the responsibility of Company.

Applicable Law: By visiting our Website, you agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Conditions of Sale and any dispute of any sort that might arise between you and Company. Company and user agree to submit to the jurisdiction of the courts located with Lake County, Illinois.

The Conditions of Sale including all documents referenced herein, represents the entire understanding between user and Company regarding the relationship of the user with Company and supersedes any prior statement or representations. Headings used in the Conditions of Sale, Terms of Use and Privacy & Security Policy are for reference only and shall not affect the meaning of any terms. By visiting any area on the Website or making a purchase from MightyMite®, a user is deemed to have accepted the Conditions of Sale, Terms of Use and Privacy & Security Policy.

Modification to Website: Company reserves the right, at any time, to make changes to the Website; this shall include but not limited to prices, product specifications or posted policies, effective immediately upon posting on the site.

California Prop 65 Warning: Mighty Mite® products may contain a chemical(s) known to the State of California to cause cancer or birth defects or other reproductive harm.