PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SALE (“TERMS”) CAREFULLY. BY SELECTING THE “I ACCEPT” BUTTON, YOU AGREE THAT THESE TERMS ARE A LEGALLY BINDING AGREEMENT BETWEEN MARCHI MOBILE, INC. (“SELLER”) AND YOU (“BUYER”). INFORMATION CONCERNING SELLER’S PRODUCTS CONTAINED ON SELLER’S WEB SITE (”SITE”) OR IN SELLER’S CATALOGS, CIRCULARS, ADVERTISEMENTS, PRICE LISTS, OR SIMILAR PROMOTIONAL MATERIALS, OR REPRESENTATIONS OR STATEMENTS THEREOF MADE BY SELLER’S REPRESENTATIVES OR SALES AGENTS, ARE THE SELLER’S ESTIMATES AND APPROXIMATIONS ONLY AND SHALL NOT BE BINDING EXCEPT TO THE EXTENT EXPRESSLY AGREED TO BY SELLER. NO TERM CONTAINED IN ANY BUYER CORRESPONDENCE OR ANY SALES DOCUMENTS ISSUED BY BUYER, OTHER THAN BUYER’S ACCEPTANCE OF THESE TERMS, SHALL BECOME A PART OF THE TRANSACTION BETWEEN THE PARTIES OR BIND SELLER. BUYER ACKNOWLEDGES THAT SELLER MAY MODIFY THESE TERMS AT ANY TIME AND SUCH MODIFIED TERMS WILL BECOME EFFECTIVE IMMEDIATELY AFTER SELLER POSTS THEM ON ITS WEBSITE (THE “SITE”). BUYER AGREES TO REVIEW THE TERMS EACH TIME IT PLACES AN ORDER OR OTHERWISE PERIODICALLY SO THAT BUYER IS AWARE OF ANY MODIFICATIONS MADE TO THESE TERMS. BUYER’S FAILURE TO COMPLY WITH THESE TERMS AS THEY MAY BE MODIFIED FROM TIME TO TIME WILL CONSTITUTE A BREACH OF CONTRACT.
a. All orders submitted to Seller for merchandise, accessories, or equipment (collectively, the “Products”) are subject to final written acceptance by Seller. All Products are subject to availability and continuous development, and Seller reserves the right to modify, remove or discontinue any Product at any time. Buyer is responsible for ensuring the accuracy of the quantity and type of Products ordered through the Site. Seller will issue its acceptance by sending Buyer an order confirmation to the email address provided by Buyer when Buyer placed its order and no orders are binding on Seller until so accepted. Within fourteen (14) business days after receipt by Buyer of Products sold (the “Inspection Period”), Buyer must inspect the Products and give written notice to Seller of its intent to return the Products, or any claim based upon the condition or quantity of the Products sold, which notice must indicate the basis of Buyer’s return or claim in detail and in which notice Buyer must request a return authorization number (“RAN”). The failure of Buyer to comply with this Section 1.a. shall constitute irrevocable acceptance of the Products sold to Buyer and shall bind Buyer to pay to Seller the full purchase price of the Products.
b. If Buyer notifies Seller within the Inspection Period of a material nonconformity (i.e., a material defect in quality or workmanship or a material failure of the Products to conform to Seller’s descriptions thereof) Seller shall, in its sole discretion, either (i) replace such nonconforming Products, or (ii) provide Buyer with a credit or refund of the purchase price Buyer paid for such nonconforming Products, provided that no such nonconformity or defect is in any way arising out of or caused by Buyer’s or any third party’s acts, omissions, negligence, misrepresentation or fraud and further provided, that such Products have not been used in any way by Buyer. Buyer must ship the nonconforming Products to Seller at the following address: c/o Precision Logistics – 4748 Rivers Ave., Charleston, SC 29405. In addition, Buyer must include the RAN received from Seller on the packing slip with such number being clearly marked on the package. No Product can be returned without a RAN provided by Seller. Buyer should also include in the package, a document detailing the purchase date, the original invoice number and the item number for the Product. Any and all returned shipments shall be at Buyer’s sole cost and expense and Buyer shall bear any and all risk of loss of such shipment. Buyer acknowledges and agrees that, unless prohibited by applicable law, the remedies set forth in this Section 1.b. are Buyer’s exclusive remedy for nonconforming Products.
c. Seller will take reasonable steps to ensure that all Product depictions and colors are accurate at the time of publication to the Site. However, the representation of colors in Buyer’s browser may vary from the actual Product colors.
d. Any typographical, clerical or other error or omission on any page of the Site shall be subject to correction without liability to Seller.
a. Seller will specify the purchase price of the Products on the Site or in a subsequent order confirmation. Seller may change the purchase price of the Products without notice to Buyer at any time prior to acceptance of an order.
b. Prices do not include shipping, transportation or in-transit insurance costs, duties, or any sales, use, revenue, excise, privilege or other taxes or governmental charges. Buyer shall be responsible for all such costs, charges and taxes and Buyer shall reimburse Seller to the extent Seller pays such costs, charges or any and all taxes. Unless otherwise indicated by Seller in writing, all prices are payable in U.S. Dollars. Seller’s quotations on the Site are not binding upon Seller unless expressly stated as such in writing.
c. Standard payment terms are Buyer’s payment in full by credit or debit card, PayPal® or other online payment means upon placing any order on the Site unless expressly provided otherwise in an order confirmation issued by Seller.
d. Upon submitting an order, Buyer represents that it is authorized to use the credit card to pay for the Products on the order and authorizes Seller to deduct/charge the full payment for the price of the Products and all other payments such as the delivery charges. Transactions will appear on Buyer’s credit card statement as the “MARCHI MOBILE eleMMent collection”.
Unless otherwise specified in writing issued by Seller, all deliveries of Products are to the address specified by Buyer in its purchase order. Seller shall not be liable to Buyer for any delay in performance or delivery. Seller will try to deliver in-stock Products within 3-14 business days (depending on Buyer’s delivery address). Buyer shall allow up to 28 days for delivery. Delivery and performance are conditional on the timely receipt by Seller of documents necessary for the completion of the order and any required payment. Partial deliveries are permissible.
a. Products. Seller does not manufacture the Products and makes no warranty as to Products. Seller assigns to Buyer to the extent Seller is authorized by the manufacturer, all manufacturer’s warranties as to those Products.
b. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLER DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY REPRESENTATIONS AND WARRANTIES OF ANY KIND AS TO THE PRODUCTS, INCLUDING THOSE ARISING BY COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, INCLUDING ALL REPRESENTATIONS AND WARRANTIES AS TO MERCHANTABILITY, FITNESS OF THE PRODUCTS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THE SUITABILITY OF THE PRODUCTS FOR BUYER’S PURPOSES.
c. Dealers, distributors, sales representatives and employees are not authorized to offer different or additional warranties or remedies, and descriptions, representations and other information or claims made by dealers, distributors, sales representatives or employees are not binding on Seller unless in writing signed by an officer of Seller.
d. This warranty is limited to the original Buyer and may not be transferred.
Exclusion of Damages. IN NO EVENT SHALL SELLER’S LIABILITY TO BUYER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVER EXCEED THE PURCHASE PRICE OF THE PRODUCT OR THE PART OF THE PRODUCT AT ISSUE. SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, WHETHER ARISING FROM THE SALE OF PRODUCTS, ANY DEFECT IN THE PRODUCTS, ANY NON-CONFORMITY WITH WARRANTIES, ANY USE OR INABILITY TO USE THE PRODUCTS OR OTHERWISE.
Seller retains ownership and control over all intellectual property including patents, trademarks, and copyrights applicable to or arising out of the Products. No license is granted or implied by these Terms.
Without limiting Seller’s other rights and remedies available under applicable law, Seller may suspend performance and delivery, or terminate performance and delivery, if Buyer fails to perform or observe any of its obligations to Seller, including payment of any purchase price, fees or charges when due.
Any dispute or claim relating to or arising out of the Products shall be governed by and construed in accordance with the laws of the State of South Carolina, excluding its conflict of laws principles. The United Nations Convention on the International Sale of Goods (“CISG”) shall not apply. State and federal courts sitting in Aiken County, South Carolina shall constitute the exclusive forums for the adjudication of all disputes arising out of or relating to any dispute relating to these Terms and any Product.
Any action or proceeding by Buyer arising out of or relating to these Terms or the Products will be forever barred unless it is commenced by Buyer within the earlier of: (a) one year after the sale of the applicable Product or (b) the period prescribed by applicable statute of limitation or repose.
Buyer shall be responsible for the compliance with any and all laws, regulations, orders and the like applicable to the Products and Buyer’s use of the Products. Seller is not responsible for any impact existing or future laws, regulations, orders and the like may have on the Products or the use or inability to use the Products.
Seller shall have no liability for any non-performance or delay in performance caused by circumstances beyond Seller’s control, including, but not limited to, acts of God, fire, flood, war, government action, accident, labor trouble or shortage, inability to obtain material, equipment or transportation, or failure of Seller’s suppliers to furnish the Products.
Any notices delivered under these Terms must be in writing and shall be effective when delivered to a party or when that party refuses delivery.
Buyer may not assign its rights or obligations under these Terms without the prior written consent of Seller and any purported assignment without that consent shall be void and of no effect.
Any failure by Seller to exercise any of its rights under these Terms shall not be construed as a waiver of such rights.
In the event any of the provisions of these Terms are held to be invalid by any court of competent jurisdiction, such provision(s) shall be deemed to be severable and these Terms shall then be construed and enforced in accordance with the remaining provisions.
All covenants and agreements which by their respective terms are intended to survive the consummation of the transactions contemplated by these Terms, including, the provisions of Sections 5 – 10, shall survive the termination of these Terms for any reason and remain binding upon the parties.
These Terms contain the entire agreement and understanding of the parties with respect to the subject matter and supersede all previous and contemporaneous agreements between the parties as well as all proposals, oral or written, and all negotiations or discussions between the parties.