Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PLACING AN ORDER OR CREATING AN ACCOUNT. By accessing this website, creating an account, or purchasing any item from AZ Sun Valley Sales LLC (“AZ Sun Valley Sales,” “Company,” “we,” “us,” or “our”), you (“Buyer,” “you,” or “your”) acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (the “Terms”) in their entirety. If you do not agree to these Terms, do not use this website and do not place an order. Checking the “I agree to the Terms and Conditions” box during account creation or checkout constitutes your electronic signature and binding acceptance of these Terms.
1. Nature of Our Business; Product Conditions
AZ Sun Valley Sales is a reseller of overstock, open-box, shelf-pull, customer-return, and liquidation merchandise. Unless an item is expressly described as “New” or “New (sealed),” items may have been previously opened, handled, displayed, or returned. Each listing describes the item’s condition to the best of our knowledge based on our physical inspection. Photographs are of the actual item where stated; minor cosmetic variations that do not affect function are not defects. Manufacturer warranties may or may not apply to resold merchandise and are not guaranteed by us.
2. Order Acceptance; Right to Refuse or Cancel
Your order is an offer to purchase. We reserve the absolute right, in our sole and exclusive discretion, to accept, refuse, limit, or cancel any order, from any person, at any time, for any reason or for no reason, including without limitation suspected fraud, reseller abuse, pricing or inventory errors, or shipping restrictions. If we cancel an order you have already paid for, your sole and exclusive remedy is a refund of the amount actually paid for the cancelled items. Prices, availability, and item descriptions are subject to correction and change at any time; we are not obligated to honor typographical or system errors.
3. Payment
Payment is due in full before any item ships. Card payments are processed by our third-party payment processor (Stripe); we do not store full card numbers on our systems. If you elect to save a payment method for future purchases, it is stored (“vaulted”) with the payment processor under industry PCI-DSS controls, not on our servers. Sales tax is estimated at checkout and finalized on the payment request or invoice.
4. Shipping; Address Accuracy; Delivery Restrictions
4.1 Address accuracy is your responsibility. You are solely responsible for providing a complete and correct shipping address. If any portion of the address you provide is incorrect, incomplete, or undeliverable and a shipping problem results, you assume full financial responsibility for all resulting costs, including original shipping, return-to-sender charges, re-shipment charges, and carrier surcharges. In such cases, any refund we elect to issue is limited to the amount we actually retain after deduction of all shipping and carrier costs attributable to the incorrect address, and may be zero.
4.2 No PO Boxes on many items. Many of our items ship by carriers or in package sizes that cannot deliver to post office boxes. You should provide a residential or commercial street address. Orders placed with a PO Box address may be delayed, cancelled, or subject to the incorrect-address provisions of Section 4.1.
4.3 Excess and special-handling fees. Certain items may incur carrier surcharges beyond our standard shipping charge, including without limitation hazardous-materials (HAZMAT) fees, oversize/overweight fees, remote-area surcharges, or lift-gate fees. We reserve full discretion to adjust the shipping charge where such fees apply. Nothing will ship until you accept the adjustment: we will send you an adjusted shipping invoice, and your order ships only after you accept and pay it. If you decline the adjusted invoice, we will cancel and refund the merchandise amount paid.
4.4 Risk of loss. Title and risk of loss pass to you upon our delivery of the item to the carrier. Carrier delivery scans constitute proof of delivery.
5. Order Cancellations
You may cancel an order at any time before it has been picked up by our carrier, for a full refund of the amount paid. Once an order has been picked up by the carrier, it can no longer be cancelled for any reason; your remedy, if any, is limited to the return process described in Section 6, subject to all restocking fees and deductions described there.
6. Returns and Refunds
6.1 30-day return window. We accept return requests within thirty (30) days of delivery. Return requests must be initiated through our Contact page with your order number. Returns received without an initiated request may be refused.
6.2 Refund amounts are discretionary. While we maintain a 30-day return policy, the amount of any refund is determined by us in our full and sole discretion based on the condition of the returned item, as assessed by our inspection upon receipt. You expressly acknowledge and agree that we reserve the right to deny any refund in whole or in part, and that you may receive no refund, even in cases where you assert that an item arrived damaged, where our inspection, records, or carrier documentation do not substantiate the claim or where these Terms otherwise provide for a reduced or denied refund.
6.3 Restocking fee. All returns are subject to a restocking fee equal to the cost of the return shipping. We provide a prepaid return shipping label at no upfront cost to you (“free return shipping”), but the cost of that label is deducted from your refund as the restocking fee. We additionally reserve the right, in our discretion, to require that you purchase and provide your own return shipping in order to return an item to us, in which case the restocking fee may still apply.
6.4 Heavy items. Any item with a shipping weight over twenty-five pounds (25 lbs) is subject to an additional $15.00 restocking fee on top of the shipping-cost restocking fee described in Section 6.3.
6.5 Condition-based refund schedule. Upon receipt of a returned item, we inspect it and determine, in our sole discretion, which of the following applies:
- Returned in the same condition sent: a 100% refund of the merchandise price, minus applicable shipping costs deducted as the restocking fee (and the Section 6.4 fee if applicable).
- Returned used, where the item was sold as new: a discretionary partial refund of up to 50% of the merchandise price, minus all applicable shipping costs. The exact percentage, from zero up to 50%, is determined solely by us.
- Returned damaged: no refund will be issued. Where an item comes back damaged or used, a full refund will not be applied under any circumstances, and we retain full discretion over what percentage of refund, if any, is given.
6.6 No trial use; we are not a rental business. Our products are sold for keeps, not for temporary use. There is, in no manner, an ability to purchase an item, try it, use it for a period of time, or use it for a single occasion or project, and then return it. If we suspect, in our sole judgment, that an item has been used and returned, or that the item returned to us has been swapped, substituted, or altered (including but not limited to serial-number mismatches, missing components, signs of installation or wear, or packaging inconsistencies), the refund issued will be zero (0%), and we may pursue any other remedies available to us.
6.7 Our records control. Our inspection records, listing photographs, packing documentation, serial-number records, and carrier documentation are conclusive for purposes of determining the condition in which an item was shipped and returned.
7. Accounts
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You represent that all information you provide is accurate and that you are at least 18 years of age. We may suspend or terminate any account at any time, in our discretion, including for violation of these Terms. You may delete your account at any time from your profile page; order records are business records and are retained as required for accounting, tax, and fraud-prevention purposes.
8. Email Communications
By creating an account you consent to receive transactional emails about your account and orders. If you opt in to our mailing list, you additionally consent to receive marketing emails, from which you may unsubscribe at any time; transactional emails are not affected by unsubscribing.
9. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL ITEMS ARE SOLD “AS IS” AND “WITH ALL FAULTS,” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION PROVIDED BY US CREATES A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO ANY ORDER, ITEM, OR USE OF THIS WEBSITE EXCEED THE AMOUNT YOU ACTUALLY PAID US FOR THE ITEM GIVING RISE TO THE CLAIM; AND (b) IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR COSTS OF SUBSTITUTE GOODS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Waiver of Claims; Mandatory Binding Arbitration; Class Action Waiver
11.1 Waiver of lawsuits. BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AGREE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT ANY CLAIM OF DISSATISFACTION WITH A PURCHASE — INCLUDING WITHOUT LIMITATION ANY CLAIM THAT AN ITEM RECEIVED WAS NOT THE PRODUCT PICTURED OR DESCRIBED — SHALL NOT BE PURSUED THROUGH A LAWSUIT AGAINST AZ SUN VALLEY SALES LLC, ITS OWNERS, MEMBERS, EMPLOYEES, OR AGENTS, AND YOU KNOWINGLY AND VOLUNTARILY WAIVE, RELEASE, AND FOREVER DISCHARGE ANY SUCH RIGHT OF ACTION. Your sole and exclusive remedies are those provided in these Terms (the return and refund process of Section 6), followed by the dispute-resolution process of Section 11.2.
11.2 Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, this website, or any purchase that is not resolved through our customer-service process shall be resolved exclusively by final and binding individual arbitration administered in Maricopa County, Arizona under the rules of a recognized arbitration provider, rather than in court, except that either party may bring an individual claim in small-claims court of competent jurisdiction. Judgment on the award may be entered in any court having jurisdiction. YOU AND WE EACH WAIVE THE RIGHT TO A TRIAL BY JURY.
11.3 Class action waiver. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
11.4 Time limit. Any claim must be brought within one (1) year after the claim arises, or it is permanently barred, to the extent permitted by applicable law.
12. Indemnification
You agree to indemnify, defend, and hold harmless AZ Sun Valley Sales LLC and its owners, members, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your breach of these Terms, your misuse of any item, or your violation of any law or third-party right.
13. Chargebacks and Abuse
Initiating a payment-card chargeback in place of the return process described in Section 6, or after receiving a refund, constitutes a breach of these Terms. We reserve the right to contest any chargeback with our shipping, inspection, and delivery records, to recover amounts owed, and to refuse future orders from any Buyer who abuses the return or chargeback process.
14. Intellectual Property; Third-Party Brands
All website content, text, and photographs are owned by or licensed to us. All product names, brands, and trademarks are the property of their respective owners and are used for identification only; no affiliation or endorsement is implied.
15. Governing Law
These Terms and any dispute arising from them are governed by the laws of the State of Arizona, without regard to its conflict-of-law rules, and subject to Section 11.
16. Force Majeure
We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including carrier delays, weather, natural disasters, labor disputes, or supplier failures.
17. Severability; Entire Agreement; Changes
If any provision of these Terms is held unenforceable, it shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force. These Terms, together with the policies posted on this website, constitute the entire agreement between you and us with respect to purchases from this website. We may update these Terms at any time by posting a revised version with a new effective date; the version in effect when you place an order governs that order.
18. Contact
Questions about these Terms or any order: use our Contact page. AZ Sun Valley Sales LLC · Mesa, Arizona · AZ TPT licensed.