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Terms of Use

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.

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.

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.

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.

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.

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 [email protected]

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.

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.

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.

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.,/p>

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.

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.

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 [email protected] 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.

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.

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.