Terms & Conditions

These Terms of Sale govern your purchase of any product offered by Atmospheric Systems Corp. on www.PositronicsGrow.com.  Please read these Terms & Conditions carefully.  They contain very important information about your rights and obligations, as well as, limitations and exclusions that may apply to you.  By placing an order, you acknowledge that you have read, accepted and have agreed to be bound by these Terms of Sale, without limitation or qualifications.  These Terms of Sale are subject to modification without prior written notice and at any time is Positronics.com’s sole discretion.

1) Products:  PositronicsGrow.com may discontinue any product at any time without notice. The product prices displayed on this site do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price.

2) Privacy & Security of Your Information: 

a) Our Commitment to Your Privacy: Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.

b) The Information we Collect:  This applies to all information collected or submitted on the www.PositronicsGrow.com website.  The types of personal information collected at these pages are: Name, Address, Email address, Phone number and credit or debit card information.

c) What do we do with this Information? “We” refers to Atmospheric Systems Corp. d.b.a. www.PositronicsGrow.com:  We use the information you provide about yourself when placing an order and only to complete that order.  We do not share this information with outside parties except to the extent necessary to complete that order. We use the information you provide about someone else when placing an order only to ship the product and to confirm delivery. We do not share this information with outside parties for any other reasons.  We use return email addresses to answer the email we receive.  Such addresses are not used for any other purpose and are not shared with outside parties.

3) Price Errors: Our goal is a 100% error-free Site. If a specific product or group of products has a pricing error, they are promptly corrected within our systems, and the corrected price will apply. We will notify you by phone, email or mail if your order includes items that were incorrectly priced.

4) Orders:   Orders are not binding upon PositronicsGrow.com until accepted.  PositronicsGrow.com reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.

5) Payment:  Payment can be made with through Pay Pal, Visa, MasterCard, American Express and Discover credit cards. Your credit card will be charged when your order is placed.

6) Sales Tax:  You are responsible for the payment of any state and local sales or use taxes that may apply to your order. The sales tax is calculated based on the full invoice price, and may include charges for shipping and handling if required by law.

7) Delivery:  If you order by 10:00 a.m. Central Standard time, the in-stock items ordered will be shipped the following day (Monday through Friday delivery days) via regular ground transportation to most locations.  Upgraded shipping services (Next Day, 2nd Day, Priority) are available at an additional charge.  In the event only some of the product is in stock at the time an order is placed, the available product will be shipped via the upgraded service and the backorder will ship via Ground service when stock is replenished.  While PositronicsGrow.com will make every reasonable effort to ship your orders within these time frames, Positronics.com is not responsible or liable for any delay in receiving or completing your order that is caused by an event beyond Positronics.com's reasonable control.  Such events may include, but are not limited to, fire, flood, accident, strike, riot, civil commotion, act of God, war or other hostilities, acts or omissions of carriers, transmitters, phone companies, Internet Service Providers or Internet backbone providers or a failure, interruption or delay of the server or this Site caused by an event outside the direct control of Positronics.com, including without limitation, power outages or attacks on this Site such as by persons known as "hackers."

8) International Shipments:  The order minimum for orders outside the 50 United States is $200.00 (U.S). Shipments to Alaska, Hawaii, other US Territories, Canada, and Mexico will be arranged and additional shipping charges will apply.  For customers seeking to have items delivered to all other countries, Positronics.com will ship via, UPS, FedEx or through a U.S.-based "Freight Forwarder" of the customer's choosing.  Additional shipping charges will apply.  The customer is responsible for payment of taxes, duties, tariffs and any other charges levied by government agencies.  Payment must be made in full using a credit card or bank transfer at the time of shipment.  Title and risk of loss of the products pass to the customer upon delivery at the "Freight Forwarder."

 

9) Shipping & Handling (S&H) Charges:  A S&H charge applies to all orders. PositronicsGrow.com will ship to addresses within the contiguous United States for a shipping charge of $5.99.  Additional S&H charges will apply to orders shipped outside the 48 contiguous states and to orders shipped via upgraded services (Next Day, 2nd Day, etc.).  In the event only some of the product is in stock at the time an order is placed, the available product will be shipped via the upgraded service and the backorder will ship via Ground service when stock is replenished.  S&H charges along with any charged Freight are non-refundable in occurrences where PositronicsGrow.com has made no error in merchandising or shipping.

10) Warranties:  All products are sold “as is,” and Positronics.com disclaims all warranties of any kind relating to the products or use thereof, express or implied, including warranties of merchantability, non-infringement, title or fitness for a particular purpose.  Some jurisdictions may not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to you.

11) Return & Restocking Policy*:  PositronicsGrow.com stands behind its products and will issue a refund, replacement or credit if you are not satisfied with your purchase and notify us within 14 days of receipt of product.  A Restocking Charge of 20% will apply to all items returned where PositronicsGrow.com has made no error in merchandising or shipping. Refunds will be made by original method of payment. All returns must arrive in its original packaging and all freight charges for the return of goods are to be paid by the customer.
*There are exceptions to our Return Policy including, but not limited to, Special Order products, orders outside the continental U.S., and shipments delivered via common carrier.  Please call 1-224-200-9044 to obtain a Return Product Authorization (RPA) before returning any product. PositronicsGrow.com may at any time limit the number of delivery attempts based on unfavorable delivery history resulting from, but not limited to, damage, loss or theft.

12) 30-Day MONEY BACK GUARENTEE:  Positronics Lighting Systems, Inc. offers a 30-day money back guarantee on all products in such cases as dissatisfaction.  However, refunds will be issued upon receipt of the original items back to Positronics Lighting Systems, Inc.  Customer is responsible for return shipping charges in such cases as dissatisfactory refund requests.  A 20% restocking fee will apply, see “returns & restocking policy” for details.

13) Incorrect and Damaged Shipments:  Positronics.com will replace the order and refund any applicable shipping costs if we made an error with your order.  Please note any visible damage or shortage at the time of delivery or within 24 hours thereof.  All claims for replacement of products may be followed up by a questionnaire of incidence which must be completed prior to shipment of any replacement product.  Any applicable charges will be either charged or credited back within a 14-day period.  To return any mistaken or damaged item, please call 1-224-200-9044.  If any damage is found within the order(s), keep the original box(s) and all packaging materials for possible inspection by the carrier and/or return to PositronicsGrow.com.  PositronicsGrow.com may at any time limit the number of delivery attempts based on unfavorable delivery history resulting from, but not limited to, damage, loss or theft.

14) Misuse or Neglect of Our Equipment:  Improper use or neglect will void any manufacturer warranty or replacement of the item in question.

15) Limitation of Liability:  To the maximum extent allowed by law, PositronicsGrow.com shall not be liable for any special, consequential, exemplary or incidental damages (including lost or anticipated revenues or profits relating to the same), arising from any claim relating to these Terms of Sale, this site, the catalog, product(s) or order(s), whether such claim is based on warranty, contract, tort (including negligence or strict liability) or otherwise.  In no event will the collective liability of PositronicsGrow.com exceed the amount you have paid to the company for the applicable order or product out of which liability arose.  These limitations shall apply notwithstanding any failure of essential purpose of any remedy.  Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you.

16) Severability:  If any provision of these Terms of Sale are held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such provision shall be deemed severed from these Terms of Sale and the validity of the remainder of these Terms of Sale shall not be affected thereby.

17) Governing Law:  These Terms of Sale shall be governed by and construed in accordance with the laws of the Commonwealth of Illinois applicable to contracts made and to be enforced wholly within the Commonwealth of Illinois.

18) Arbitration:  Any dispute or disagreement arising out of these Terms of Sale, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be held in Chicago, Illinois.

19) Jurisdiction and Venue:  You and PositronicsGrow.com (collectively the "Parties" individually a "Party") irrevocably agree that any legal action, suit or proceeding brought by it in any way arising out of these Terms of Sale must be brought solely and exclusively in the federal or state courts of the Commonwealth of Illinois located in the City of Chicago, Illinois and irrevocably accept and submits to the sole and exclusive jurisdiction of each of the aforesaid courts in person, generally and unconditionally with respect to any action, suit or proceeding brought by it or against it by the other Party.

20) Waivers and Amendments:  The waiver by either Party of any provision of these Terms of Sale on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of these Terms of Sale on any other occasion or upon any other circumstances. These Terms of Sale may be waived or amended only in a writing signed by the Parties.