Terms and Conditions
Agreement between User and www.zierkebuilt.com
Welcome to www.zierkebuilt.com. The www.zierkebuilt.com website (the “Site”) is comprised of various web pages operated by Zierke Built Manufacturing Inc (“ZBM”). www.zierkebuilt.com is offered to you conditioned on your acceptance without modifications of the terms, conditions, and agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
www.zierkebuilt.com is an E-Commerce Site.
ZBM’s website provides welding and manufacturing services to consumers, to include accessories and custom work.
Visiting www.zierkebuilt.com or sending emails to ZBM constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that ZBM is not responsible for third party access to your account that results from theft or misappropriation of your account. ZBM and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
Children Under Thirteen
ZBM does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.zierkebuilt.com only with permission of a parent or guardian.
Any cancellations and/or refunds made after 30 days of purchase will not qualify for a refund or exchange. Please read our Return and Refund Policy for more information. You can also contact us at email@example.com with any questions.
Links to Third Party Sites/Third Party Services
www.zierkebuilt.com may contain links to other websites (“Linked Site”). The Linked Sites are not under the control of ZBM and ZBM is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ZBM is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ZBM of the site or any association with its operators.
Certain services made available via www.zierkebuilt.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.zierkebuilt.com domain, you hereby acknowledge and consent that ZBM may share such information and data with any third party with whom ZBM has a contractual relationship to provide the requested product, service or functionality on behalf of www.zierkebuilt.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of ZBM or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer of sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. ZBM content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without express written permission of ZBM and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ZBM or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your ZBM account to third party accounts. By connecting your ZBM account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by ZBM from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the ZBM Content accessed through www.zierkebuilt.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless ZBM, its officers, directors, employees, agents and third parties, for any loses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. ZBM reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ZBM in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any dispute arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitration and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and ZBM agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ZIERKE BUILT MANUFACTURING INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ZIERKE BUILT MANUFACTURING INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ZIERKE BUILT MANUFACTURING INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
ZBM reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Minnesota and you hereby consent to the exclusive jurisdiction and venue of courts in Minnesota in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ZBM as a result of this agreement or use of the Site. ZBM's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ZBM’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by ZBM with respect to such use.If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ZBM with respect to the Site and it superseded all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ZBM with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
ZBM reserves the right, in its sole discretion, to change the Terms under which www.zierkebuilt.com is offered. The most current version of the Terms will supersede all previous versions. ZBM encourages you to periodically review the Terms to stay informed of our updates.
ZBM welcomes your questions or comments regarding the Terms:
Zierke Built Manufacturing Inc
1500 Winnebago Avenue
Fairmont, MN 56031
1 (5070) 399-2154
Effective as of August 16, 2018
Returns and Refund Policy
All returns must be postmarked within thirty (30) days of the purchase date. All returned items must be in new and unused condition, with any product-specific documentation supplied in the original packaging.
To return an item, please email customer service at firstname.lastname@example.org to obtain a Return Merchandise Authorization (RMA) number. After receiving an RMA number, place the item securely in the return packaging (supplied by you, the customer) and include the return form provided, and mail your return to the following address:
Zierke Built Manufacturing Inc
1500 Winnebago Avenue
Fairmont, MN 56031
Please note, you will be responsible for all return shipping charges. We strongly recommend that you use a trackable method to mail your return.
After receiving your return and inspecting the condition of your item, we will process your return or exchange. Please allow at least seven (7) business days from the receipt of your item to process your return or exchange. We will notify you by email when your return has been processed.
The following items cannot be returned or exchanged:
- Sale items
- Clearance items
For defective or damaged products, please contact us at the customer service number below to arrange a refund or exchange.
- A 40% restocking fee will be charge for all returns. Exceptions may apply; these being on a case-by-case basis.
- Sales and clearance items are FINAL SALE and cannot be returned.
If you have any questions concerning our return policy, please contact us at:
1 (507) 399-2154
Collection of your Personal Information
In order to better provide you with products and services offered on our Site, ZBM may collect personally identifiable information, such as your:
- First and Last Name
- Mailing Address
- Business Address
- E-mail Address
- Phone Number
- Fax Number
If you purchase ZBM’s products and services, we collect billing and credit card information. The information is used to complete the purchase transaction.
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us.We also may gather additional personal or non-personal information in the future.
Use of your Personal Information
ZBM collects and uses your personal information to operate its website(s) and deliver the services you have requested. ZBM may also use your personally identifiable information to inform you of other products or services available from ZBM and its affiliates.
Sharing Information with Third Parties
ZBM does not sell, rent or lease its customer lists to third parties.
ZBM may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to ZBM, and they are required to maintain the confidentiality of your information.
ZBM may disclose your personal information, without notice, if required to do so by law or in good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on ZBM or the site; (b) protect and defend the right or property of ZBM; and/or (c) act under exigent circumstances to protect the personal safety of users of ZBM, or the public.
Tracking User Behavior
ZBM may keep track of the websites and pages our users visit within ZBM, in order to determine what ZBM services are the most popular. This data is used to deliver customized content and advertising within ZBM to customers whose behavior indicated that they are interested in a particular subject area.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by ZBM. This information can include your IP address, browser type, domain names, access times and referring website address. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the ZBM website.
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Security of your Personal Information
ZBM secures your personal information from unauthorized access, use, or disclosure. ZBM uses the following methods for this purpose:
- SSL Protocol
When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) Protocol.
We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; (b) security, integrity, and privacy of any and all information and data exchanged between you and us through the Site cannot be guaranteed.
Children Under Thirteen
ZBM does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
From time to time, ZBM may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication.
If you would like to stop receiving marketing or promotional communications via email from ZBM, you may opt out of such communications by unsubscribing from emails by “replying STOP” or “clicking on the UNSUBSCRIBE button.”
Changes to this Statement
ZBM welcomes your questions or comments regarding this Statement of Privacy. If you believe that ZBM has not adhered to this Statement, please contact ZBM at:
Zierke Built Manufacturing Inc.
1500 Winnebago Avenue
Fairmont, MN 56031
1 (507) 399-2154
Effective as of August 15, 2018