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Untitled Document
Terms and Conditions
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| Read Carefully. This Terms of Use Agreement ("Terms
of Use") applies to use of the eBestSale.com website located
at http://www.ebestsale.com (the "Site"). Before you make any
purchases, you must first establish a customer account ("My
Account"). By clicking "I have read, understand
and agree to the Terms of Use," you agree to these terms of
use. If you do not agree, do not click on the button and do
not use the site. |
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| eBestSale.com reserves the right, at its sole
discretion, to change, add or remove portions of this Terms
of Use, at any time. It is your responsibility to check this
Terms of Use each time before using the Site. Your continued
use of the Site following the posting of changes will mean
that you accept and agree to the changes. You agree
that all subsequent purchases by you will be subject to the
terms and conditions of this Terms of Use, which shall apply
until we post a modified Terms of Use and then in accordance
with such modified Terms of Use. As long as you
comply with this Terms of Use and any such modifications,
eBestSale.com grants you ("End User") a personal,
non-exclusive, non-transferable, non-sub licensable, limited
privilege to enter and use the Site. |
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| 1. Content; Copyright and Trademark Notice. All
media (downloaded or samples), software, text, images,
graphics, user interfaces, music, videos, photographs,
trademarks, logos, artwork and other content on the Site
(collectively, "Content"), including but not limited
to the design, selection, arrangement, and coordination of
such Content on the Site is owned or licensed by or to
eBestSale.com, and is protected by copyright, trade dress,
and trademark laws, and various other intellectual property
rights laws. Except as expressly provided in this Terms of
Use, no part of the Site and no Content may be reproduced,
recorded, retransmitted, sold, rented, broadcast,
distributed, published, uploaded, posted, publicly
displayed, altered to make new works, performed, digitized,
compiled, translated or transmitted in any way to any other
computer, website or other medium or for any commercial
purpose, without eBestSale.com's prior express written
consent. Except as expressly provided herein, you are not
granted any rights or license to patents, copyrights, trade
secrets, trade dress, rights of publicity or trademarks with
respect to any of the Content, and eBestSale.com reserves
all rights not expressly granted hereunder. eBestSale.com
expressly disclaims all responsibility and liability for
uses by you of any Content obtained on or in connection with
the Site. |
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| 2. Registration; Customer Accounts; Use of Site.
Certain services offered on or through the Site require you
to first open a My Account. You are responsible for
maintaining the confidentiality of your My Account
information, including your password, and for all activity
that occurs under your account. You agree to notify
eBestSale.com immediately of any unauthorized use of your
account or password, or any other breach of security. You
may be held liable for losses incurred by eBestSale.com or
any other user of the Site due to someone else using your
password or customer account. You may not use anyone else's
password or customer account at any time. You may not
attempt to gain unauthorized access to the Site. Should you
attempt to do so, assist others in making such attempts, or
distributing instructions, software or tools for that
purpose, then your customer My Account will be terminated.
You agree to provide us with accurate, current and complete
information about yourself and your billing information as
prompted by the registration process. You may update any of
your My Account information, designate a different credit
card to be billed, or change the applicable expiration date
on your currently designated credit card, by clicking on the
My Account button and selecting the appropriate link. You
may not use any automatic device, program, algorithm or
methodology, or any similar or equivalent manual process, to
access, acquire, copy, probe, test or monitor any portion of
the Site or any Content, or in any way reproduce or
circumvent the navigational structure or presentation of the
Site or any Content, to obtain or attempt to obtain any
materials, documents or information through any means not
purposely made available through the Site. You agree that
you will not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the
Site or any of the systems or networks comprising or
connected to the Site. |
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| 3. Consent To Collection, Use & Disclosure of Your
Personal Information. You must disclose certain Personal
Information to use our Site, register, and make purchases.
As a condition of registering with our Site or making any
purchases of any products and/or services or conduct any
transactions, you represent that you have first read our
Privacy Policy and consent to the collection, use and
disclosure of your Personal Information as described in our
Privacy Policy. Our Privacy Policy's terms and conditions
will change from time to time, and as a condition of
browsing the Site, using any features or making any
purchase, you agree that you will first review our Privacy
Policy prior to making any initial or subsequent purchases. |
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| 4. Consent To Our Communication With You By E-Mail.
By establishing a My Account with us, and each time you
make a purchase through our Site, you grant permission for
eBestSale.com to contact you at your e-mail address. To stop
receiving our marketing emails, send an e-mail to us at
marketing@ebestsale.com. |
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| 5. Conditions of Sale and Payment Terms. To
purchase any goods and/or services on our Site, you must (a)
be at least eighteen (18) years of age or the applicable
state age of majority, (b) be a natural person (no
corporations, partnerships or other legal entities), and (c)
be a resident in the 50 states of the United States of
America, exclusive of its commonwealths, territories and
possessions ("United States"). Prior to the purchase
of any goods or services on our Site, you must provide us
with a valid credit card number and associated payment
information including all of the following: (i) your name as
it appears on the card, (ii) your credit card number, (iii)
the credit card type, (iv) the date of expiration and (v)
any activation numbers or codes needed to charge your card.
By submitting that information to us, you hereby agree that
you authorize us to charge your card at our convenience but
within thirty (30) days of credit card authorization. All
sales of products and services are final. All charges from
those sales are nonrefundable. |
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| 6. Methods of Payment, Credit Card Terms and Taxes.
All payments must be made by VISA, MasterCard, American
Express, Discover, and government credit cards (each of
which may be removed by eBestSale.com in its sole
discretion). Unless expressly set forth on the eBestSale.com
site, we do not accept any other payment form. If we offer
or accept any other form of payment, you hereby agree to all
restrictions, terms and conditions associated with such
additional form of payment. Your card issuer agreement
governs your use of your designated card, and you must refer
to that agreement and not this Terms of Use to determine
your rights and liabilities as a cardholder. YOU, AND NOT
eBestSale.COM, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED
AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You
agree to pay all fees and charges incurred in connection
with your purchases (including any applicable taxes) at the
rates in effect when the charges were incurred. Unless you
notify eBestSale.com of any discrepancies within sixty (60)
days after they first appear on your credit card statement,
you agree that they will be deemed accepted by you for all
purposes. If eBestSale.com does not receive payment from
your credit card issuer or its agent, you agree to pay all
amounts due upon demand by eBestSale.com or its agents. You
are responsible for paying any governmental taxes imposed on
your purchases, including, but not limited to, sales, use or
value-added taxes. eBestSale.com shall automatically charge
and withhold the applicable sales tax for orders to be
delivered to addresses within California and any other
states or localities that it deems is required. |
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| 7. Order Acceptance Policy. Your receipt of an
electronic or other form of order confirmation does not
signify our acceptance of your order, nor does it constitute
confirmation of our offer to sell. eBestSale.com reserves
the right at any time after receipt of your order to accept
or decline your order for any reason. eBestSale.com further
reserves the right any time after receipt of your order,
without prior notice to you, to supply less than the
quantity you ordered of any item. Your order will be deemed
accepted by eBestSale.com upon shipment of products or
performance of services that you have ordered. Title to
goods passes to you upon delivery to the common carrier. All
orders placed over $1000.00 (U.S.) must obtain pre-approval
with an acceptable method of payment, as established by our
credit and fraud avoidance department. We may require
additional verifications or information before accepting any
order. |
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| 8. No Responsibility To Sell Mispriced Products Or
Services. eBestSale.com shall have the right to refuse
or cancel any orders placed for products and/or services
listed at an incorrect price, rebate or refund, or
containing any other incorrect information or typographical
errors. eBestSale.com shall have the right to refuse or
cancel any such orders whether or not the order has been
confirmed and your credit card charged. If your credit card
has already been charged for the purchase and your order is
canceled, eBestSale.com shall immediately issue a credit to
your credit card account in the amount of the charge. |
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| 9. Modifications to Prices or Billing Terms.
eBestSale.com reserves the right, at any time, to change its
prices and billing methods for products and services sold,
effective immediately upon posting on the site or by email
delivery to you. |
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| 10. Service and Support for Goods Sold. All
requests for technical service and support should be made
directly to the manufacturer in accordance with their terms
and conditions. |
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| 11. Disclaimer of Warranties. The site, products,
services, content, software, artwork, data, and information
are provided "AS IS". All of eBestSale.com's physical
products are guaranteed against material defects for thirty
(30) days from the date of invoice. eBestSale.com's 30 days
limited warranty is a defective exchange policy that
provides for either repair or replacement (at our sole
discretion) of merchandise that has been confirmed as
defective by either the manufacturer or eBestSale.com. Terms
and conditions may vary by product or manufacturer.
eBestSale.com will assist customers whenever possible in
gaining satisfaction with product manufacturers. For
assistance or to exchange a defective product please email
to
service@ebestsale.com. Products returned for exchange
must be in new condition, original packaging and include all
packing materials and other accessories and be received
within 30 days of the invoice date. We reserve the right to
refuse for return or charge a restocking fee for damaged or
incomplete returns. No returns will be accepted without an
RMA number issued by eBestSale.com or when the product
manufactures or distributors return policies supersede ours.
All related fees (shipping & return shipping fees) are
NON-REFUNDABLE for all products in all cases. No refunds are
accepted for SPECIAL ORDER, CLOSE-OUT and PROMOTIONAL ITEMS.
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| 12. Limitation of Liability. The entire risk
arising out of the use of the site, the use of any products
and/or services offered on or in connection with the site,
and/or the use of any content remains with you. In no event
shall eBestSale.com or its licensors or any of their
officers, directors, employees, agents or affiliates be
liable for any consequential, incidental, direct, indirect,
special, punitive, or other damages whatsoever (including,
without limitation, damages for loss of business profits,
business interruption, loss of business information, or
other pecuniary loss) arising out of this terms of use or
the use of or inability to use any products, services,
content, with the delay or inability to use the
eBestSale.com site or related services, the provision of or
failure to provide products or services, or for any
information, software, products, services and content
obtained through the site, or otherwise arising out of the
use of the eBestSale.com site whether based on contract,
tort, negligence, strict liability or otherwise even if
eBestSale.com ARISING OUT OF THIS TERMS OF USE OR THE
USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, CONTENT,
WITH THE DELAY OR INABILITY TO USE THE EBESTSALE.COM SITE OR
RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE EBESTSALE.COM SITE
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE EVEN IF EBESTSALE.COM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING ELSE IN THIS TERMS OF USE OR POSTED ON THE SITE,
THE MAXIMUM LIABILITY THAT EBESTSALE.COM SHALL HAVE IS
LIMITED TO ANY AMOUNTS ACTUALLY PAID TO EBESTSALE.COM BY END
USER. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS
THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT
SHALL NOT BE THE RESPONSIBILITY OF EBESTSALE.COM. YOU
ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY,
DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH
HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK
(INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND
FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN
ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. |
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| 13. Shipping. eBestSale.com attempts to ship your
order within 24-48 hours of being placed, unless product is
on back order, limited availability or special order status.
Orders placed on weekends or holidays are shipped the
following business day. Most items are shipped using Fedex
Ground transportation. 2 Days Select or Next Day Air
shipments are also available. Please allow 3-4 business days
for all standard shipments. When the shipment (s) is/are
refused or undeliverable, customer will be responsible for
the second time S&H, if refuse to pay, there will be 20%
restocking fee charge. eBestSale.com prefers to ship all
packages to the billing address of the credit card. The
accuracy of this address is the responsibility of the
cardholder. Address corrections that are made while in
transit or after delivery to a wrong address are expensed to
the cardholder credit card as we incur charges from UPS for
this service. Orders shipped to any address other than the
billing address may be delayed for credit card verification.
We accept FPO, APO address, but expect a 3 to 5 days delay
from USPS.
Shipping charge is easily determined thru our checkout
process. Simply add the items you wish to purchase into your
shopping cart, follow the steps of checkout and select the
method of shipment. Afterwards the shipping charge will
appear. |
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