Terms of Sale and Use
Draft, pending legal review. Not yet in force.
Effective date: {effective_date}
These Terms govern your use of the Smart Call Store at {store_url} (the "Store") and every purchase you make there. The Store is operated by {company_legal_name}, doing business as Destec Solutions, {company_legal_address} ("Destec Solutions," "we," "us"). By creating an account or placing an order, you agree to these Terms. If you buy for a business, you confirm you are authorized to bind that business.
1. Who can buy
We sell to businesses and to consumers in the United States. You must be at least 18 years old and able to enter a binding contract. [confirm: shipping destinations and any excluded states or territories]
2. Your account
- Give accurate, current information and keep it up to date.
- Keep your password private. You are responsible for activity in your account.
- Tell us right away at contact@destecsolutions.com if you think someone used your account without permission.
- We may suspend or close an account that breaks these Terms, is used for fraud, or puts other users or the Store at risk.
3. Products
The Store sells Smart Call call buttons (P1 and R1), L4 staff watches, repeaters and kits. Product details are on each product page. Photos are for illustration. The system works by radio and does not use Wi-Fi, the internet or an app. Buttons ship unpaired, and setup steps are in our help center.
4. Prices, taxes and payment
- Prices are in US dollars (USD).
- Applicable sales tax is calculated and shown at checkout, before you pay.
- Shipping charges, if any, are shown at checkout.
- Payments are processed by Stripe. We do not store your full card details.
- We may change prices at any time. The price that applies is the one shown at checkout when you place the order.
- If a price or product detail is clearly wrong because of an error, we may cancel the order and refund any amount charged.
5. Orders
Your order is an offer to buy. We accept it when we ship it. We may decline or cancel an order, for example for suspected fraud, an address we cannot ship to, or a stock problem. If we cancel after charging you, we refund the full amount.
6. Logo on the L4 watch
You may upload a logo to show on the L4 idle screen. You confirm you own the logo or have the right to use it, and you allow us to copy and load it onto your watches for your order. We may reject a file that is too small, unclear or unlawful and ask for a new one. We do not use your logo for any other purpose without your permission.
7. Shipping, returns and warranty
Shipping, returns and warranty are covered by our Shipping Policy, Returns Policy and Warranty Policy, which form part of these Terms. In short: you can return an unused item, in its original box, within 7 days of delivery for a refund, and you pay the return shipping. An item that doesn't work, whether it arrived that way or failed later, is covered by our 1-year warranty: you send it to us at your cost, we check it, and if the warranty covers it we ship you a new unit. The warranty does not provide refunds. If the warranty doesn't cover an item, we recycle it unless you ask for it back within 30 days of our rejection email, at your cost.
8. Acceptable use
Do not misuse the Store. This includes trying to break its security, scraping it in bulk, uploading harmful files or content, or using it to break any law.
9. Intellectual property
The Store, its content and the Destec Solutions and Smart Call names and logos belong to us or our licensors. You may not copy or reuse them except as needed to use the Store and your products.
10. Disclaimer
Except for the express Warranty Policy and to the extent the law allows, products and the Store are provided "as is." We disclaim implied warranties, including merchantability and fitness for a particular purpose. Some states do not allow this, so it may not apply to you. [confirm with counsel: disclaimer wording for consumer buyers]
11. Limitation of liability
To the fullest extent the law allows:
- We are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data.
- Our total liability for any claim about a product or the Store is limited to the amount you paid for the product that gave rise to the claim.
These limits do not apply where the law does not allow them, such as for personal injury caused by our negligence or for fraud.
12. Governing law and venue
These Terms are governed by the laws of the State of Florida, without regard to its conflict of law rules. Any dispute will be heard in the state or federal courts located in {venue_county}, Florida, and you and we consent to that venue. [confirm with counsel: whether to add arbitration or a small claims carve out]
13. Changes to these Terms
We may update these Terms. The version in force on the date you place an order applies to that order. We post the effective date at the top of this page.
14. Contact
{company_legal_name}, {company_legal_address} EIN: {ein} Phone: +1 888 237 3011 Email: contact@destecsolutions.com
