Terms and Conditions
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company, the Nelson A Burke Company doing business as The Engineer Guy, and as Ingenue Makeup. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing United States and State of Georgia Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Certain State, Local and Federal laws protect us and you against those who would take unauthorized action against our computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible
Images and likenesses that you send to us, or photos that are taken at EngineerGuy-sponsored events may be used on our website or in literature promoting our business. If you do not want us to do so, please let us know and we won't use them.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Information provided by us, either personally, by email, telephone, or contained in any of our websites is provided with no warranty of performance other than stated in the next paragraph. We can not control how you use the information or the products themselves, and so we can not assume any liability for the outcome, as intended or otherwise.
If the product manufacturer offers a warranty, we will honor it. You bought it from us, and it is our job to make sure you have a product that works as stated on the manufacturer's datasheet. Again, this warranty does not extend to the end use. We can only warrant that the product processes and cures (where applicable) as stated on the datasheet.
We use a variety of methods to ship orders. If you have a preference, please make it known at the time of your order. Every effort will be made to follow your instructions, and we'll do all we can to get your order shipped. We have daily pickups from both Federal Express and UPS, the Post Office is nearby, and TNT Express (International) is literally next-door.
Goods will sometimes be damaged in transit. You are our best monitor for when this happens. Please note any and all damage when accepting delivery. Write it on the delivery receipt the driver makes you sign, and if possible, take pictures. If the goods were shipped using your account number (UPS Charges Collect, for instance) then you are responsible for filing the claim and you will be compensated directly by the carrier. We are, as they say, out of the loop. But, if we shipped the goods on our account and paid the shipping charges to the carrier (irrespective of whether you were charged freight on your transaction with us) then the claim is our responsibility to file. We need to know there is a problem. Please don't assume that the carrier calls us right away with the bad news. They don't. And we can't do anything about it if we don't know. Please tell us right away so we can make it right.
In some cases, we will deliver goods to you ,but we restrict the delivery area to what makes geographic sense to cover. We will usually charge a fee for this service. If you are in the Atlanta metropolitan area, feel free to ask about this option.
Cash or Personal Check, VISA, MASTERCARD, DISCOVER, AMERICAN EXPRESS, PAYPAL and pre-approved bank transfer are all acceptable methods of payment. Open accounts can be established, but only if the applicant is a registered business entity. Ask us if you need further clarification.
Terms of payment are agreed before the sale.. All goods remain the property of the Company until paid for in full. Monies that remains outstanding by the due date will incur late payment interest at the rate of 21% on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through all legal means. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
Returned checks will incur a USD $35.00 charge to cover banking fees and administrative costs. In an instance of a second returned check, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full. Please note that in some jurisdictions, “bouncing a check” is considered a crime. We reserve the right to prosecute if we believe the situation warrants such an action.
Special Order Items
A special order item is one that we do not stock. We will gladly order it for you and if possible, include it in a stock order so that there is no extra freight charge. If this is not possible, then we reserve the right to pass that freight charge on to you. We also reserve the right to ask for full payment at the time of your order.
Minimum 24 hours notice of cancellation required. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a 10.00 USD charge to cover any subsequent administrative expenses. If the order has shipped, then all direct shipping charges and other costs incurred will be paid by you.
Returns and Refunds
We understand that you might order more than you need, or that the job you were going to do got cancelled. These things happen. So yes, within 30 days of shipment to you, we will take product back assuming that it and the original packaging are undamaged, that you prepay the shipping to us, and that, once we receive it, we determine that the material you're returning is still sellable. That will be at our discretion. We reserve the right to charge a 15% restocking fee.
Please contact us in advance for a RETURNED MATERIAL AUTHORIZATION (RMA). No material will be accepted without an RMA. Once received, we will make a subjective judgement about condition and whether to charge the restocking fee. You will be notified in writing, and offered the choice or a credit to your account or a refund. Note. If you paid for your order with a credit card, we will only issue a refund to the same credit card.
In the event that a material is found to be defective, we'll replace it, refund your money, or give you a credit on your account. There is a process we will use to verify that it is really defective, but it is short and to the point. Call or email us if something is wrong, and we'll respond right away.
Sales Tax (NEW. PLEASE READ)
If we are shipping to you outside the States of Georgia, Tennessee and Alabama, then we don't charge sales tax. Otherwise, we will charge you sales tax based upon where you take delivery of the goods. If you pick up, then we charge you Clayton County sales tax. If we ship to you, we charge the tax according to the county we're shipping to. There is one exception. If you have established an account with us and you have provided documentation to us that you are tax exempt, then you will not be charged tax AS LONG AS YOU ARE USING THE ACCOUNT THAT HAS BEEN SET UP FOR THAT INSTITUTION.
READ THIS IF YOU ARE A STUDENT, EMPLOYEE OR FACULTY MEMBER AT A TAX-EXEMPT INSTITUTION:
DO NOT go online to place an order with that institution's purchasing credit card and set up a new account, then call or email us to tell us that the order you placed needs to be tax exempt. DO THIS INSTEAD. Use the telephone and call us to place the order. Tell us right away that you're making an institutional purchase. We'll look up the account you need to use and make sure you get your tax exempt status. We will not refund or credit sales tax if you choose not to follow these instructions and place an online order with sales tax clearly being charged at the time of purchase.
We do our best to keep the products we stock and sell in our inventory. But, we're not perfect. If we don't have it, we'll get it to you as fast as possible, but if you require expedited shipping the extra cost will be yours to bear.
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links to This Website
We want you to link to our website, but only with written permission. Please ask first. Please note that if you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out in this document will apply to your use of this website by linking to it.
Links From This Website
We do not monitor or review the content of other party’s websites which are linked from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website. This Company’s logo is a registered trademark of this Company in the United States and other countries. The brand names and specific services of this Company featured on this web site are trade marked by the manufacturers and are used with their permission.
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of the United States of America, the State of Georgia, and Clayton County govern these terms and conditions. By accessing this website/using our services/buying our products, you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
© Nelson A Burke Company, LLC (2013) All Rights Reserved