Terms & Conditions of Sale
Effective October 28, 2019. All responsible parties are required to understand and enforce the requirements of this policy at all times. Any breach or questionable practice must be reported within 24 hours or the responsible party will be held accountable.
1.0 - Terms and Conditions of Sale
eBuyNow eCommerce Limited ('EBUYNOW','EBUYNOW','Seller','Vendor', 'we', 'our') offers software, hardware and services ('Goods', 'Products') to our valued customers ('Purchaser','Customer','you','yours') for sale under these Terms and Conditions of Sale. These terms and conditions go into force on the date and time when the Purchaser enters payment information to complete a shopping cart transaction on any website using the ebuynow.com domain name, or to any website marked with the 'Powered by EBUYNOW' widget ('Site','Sites'). Purchaser and Seller shall be deemed on such date to have entered into a legalling binding and enforceable agreement for for the purchase and sale of the Goods described therein and, together with these Terms and Conditions of Sale shall constitute the 'Agreement.' The Seller and Purchaser shall include partners ('Related Parties') such as each party's parent, subsidiaries, affiliated entities and all respective officers, agents, employees, contractors and designees.
This Terms and Conditions of Sale applies to and recognizes the collection of personally identifiable information ('Personal Information') that is collected from you when a purchase is completed, such as name, physical address, email address, telephone number, credit card information. A second classification of pubic data ('Non-Personal Information') is also generated by the Site in customizing the user experience.
3.0 - This is a Legal Agreement
- An adult, no less than 18 years of age;
- An individual with the right, authority and the capacity to accept and agree on behalf of yourself;
- An individual with the right, authority and the capacity to accept and agree on behalf of the entity your epresent;
- An individual with no legal restrictions that would prevent the adoption of any of these terms.
Please read these Terms and Conditions of Sale carefully before purchasing Goods from the Site.
4.0 - Payment
Payment for Goods shall be obtained during the transaction using one of the payment methods offered by the Site. No Goods will ship until the payment information provided is validated and the financial transaction is completed. Funds will be collected in the currency selected during the transaction. EBUYNOW accepts no responsibility for the difference in established prices due to exchange rates between two currencies or the service charges or bank fees for conversion of funds to a new currency.
5.0 - Prices, Duties and Taxes
Prices on the Site are subject to variation due to currency fluctuations, taxes and shipping requirements to certain locations. In the event of material increase in any such costs, Seller reserves the right to either adjust the prices for Goods accordingly, or to cancel any certain part of the sales relating to undelivered Goods. Duties, taxes, fees, levies and other compulsory payments applicable to the sale of Goods any time, as well as freight, express, insurance and delivery charges, shall all be borne and paid in full by Purchaser, unless otherwise expressly stipulated.
6.0 - Quotations
Unless otherwise stated all quotations provided by the Site or EBUYNOW representatives are valid for 14 days.
7.0 - Delivery of Goods
Delivery dates noted when the transaction is completed are subject to reasonable adjustment. The acceptance of shipment by a common carrier or by any licensed public truckman shall constitute proper delivery. Risk associated with the Goods shall pass to Purchaser on delivery or with the passing of title in the Goods, whichever occurs first; provided however, that where delivery is delayed due to circumstances caused by or within the responsibility of Purchaser, risk of loss shall pass to Purchaser upon Seller's notification that Goods are ready for dispatch. All charges, expenses or taxes associated with the delivery shall be paid by the Purchaser. Purchaser should never accept delivery of any Goods that appear damaged or opened.
Each delivery of Goods shall (without prejudice to Seller's rights under clause 10 hereafter) be considered a separate contract and the failure of any delivery shall not vitiate any contract as to deliveries of other Goods and payment therefor.
8.0 - Warranty
EBUYNOW warrants that Goods will meet their specifications and descriptions subject to correct usage, storage and following proper instructions and recommendations.
Unless otherwise restricted by mandatory applicable law, THE WARRANTY SET FORTH HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY, QUALITY AND FITNESS FOR USE AND FOR PURPOSE, ANY ADVICE AND RECOMMENDATION AND ANY OBLIGATIONS OR LIABILITIES WHICH MAY BE IMPUTED TO SELLER, ANY AND ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED, DENIED AND EXCLUDED. PURCHASER EXPRESSLY AGREES THAT NO WARRANTY THAT IS NOT SPECIFICALLY STATED IN THIS AGREEMENT WILL BE CLAIMED OR OTHERWISE ADHERED TO BY PURCHASER AND/OR BY ANYONE ACTING ON PURCHASER’S BEHALF AND/OR BY ANYONE DERIVING THE LEGALITY OF ITS CLAIM FROM PURCHASER, NOR THAT WILL ANY SUCH WARRANTY BE VALID. SELLER NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, USE OR HANDLING OF ANY AND ALL GOODS SPECIFIED OR CONTEMPLATED BY THIS CONTRACT. NO WARRANTY IS MADE WITH RESPECT TO ANY OF THESE GOODS WHICH HAVE BEEN SUBJECT TO ACCIDENT, NEGLIGENCE, ALTERATION, IMPROPER CARE, OR IMPROPER STORAGE.
9.0 - Claims and Responsibility
Unless Seller shall within 30 days after delivery of the Goods, receive from Purchaser written notice of any matter or thing by reason whereof it is alleged that Goods are not in accordance with the Contract, Goods delivered shall be deemed to have been supplied, delivered and accepted in all respects in full conformity with the Contract and Purchaser shall be entitled neither to reject the same nor to raise any claim for damages or for other remedy in respect of any alleged negligence and/or breach of warranty and/or any condition.
- In any claim, brought subject to the conditions above, Purchaser must prove to the satisfaction of Seller that it followed Seller's instructions for use, care, storage, maintenance, handling and application of the Goods.
- Unless otherwise specifically restricted by mandatory applicable law, Seller's liability under any claim and in connection with any possible allegation, whether based on negligence, contract, or any other cause of action, shall be limited to either:
- the replacement of the Goods or the supply of equivalent goods;
- the repair, or payment of the cost of repair, of the Goods; or
- credit in an amount equal to the purchase price specified in Seller's pertinent invoice, or in an amount of equivalent goods, all at Seller's sole option.
- Purchaser, for himself and for any other party which may claim either under or through Purchaser, or independently of Purchaser, including Purchaser's employees, directors, officers, representatives, affiliates and personnel, shall indemnify and hold Seller harmless, from and against any claim or liability for damages for negligence including but not limited to, any claim in connection with the design, manufacture, use, care, storage, delivery, application or maintenance of any Goods sold hereunder, whether alleged to have been committed by Seller or by any other person whatsoever. Purchaser's undertaking as specified in this subsection shall extend and inure to the benefit of Seller and of Seller's successors at any time, as well as to Seller's affiliates, personnel, representatives, managers, directors and officers. Nothing contained herein shall take effect to exclude or limit liability where liability may not be excluded or limited under applicable law, including, without limitation, for death, personal injury and fraudulent misrepresentations.
- Any and all warranties, undertakings, guarantees or assurances provided herein by Seller, are specifically limited to Purchaser herein, and not imputed by Seller, whether directly or indirectly, expressly or impliedly, to any other person or entity, including any subsequent purchaser or user, bailee, licensee, assignee, employee and agent of Purchaser.
- Purchasers are encouraged to contact customer support to report any claim. Most problems can be resolved more easily working with the EBUYNOW customer support agents, who will assist in resolution. Email to firstname.lastname@example.org if a phone call is impossible or email is a more convenient means of contact. Customer support will be in touch within 24 hours.
10.0 - Assignment
No rights or obligations of Purchaser arising out of this Contract may be assigned without the express prior written consent of Seller.
11.0 - Limit of Liability
EBUYNOW shall not be liable for and shall be held harmless by Purchaser from any damage, losses or claims of whatever kind, contractual or delictual, consequential or incidental, direct or indirect, arising out of, in connection with or resulting from the sale governed hereby or the goods, including, but without limitation, the manufacture, repair, handling, installation, possession, use, operation or dismantling of the goods and any and all claims, actions, suits, and proceedings which may be instituted in respect to the foregoing.
12.0 - Force Majeure
Should Seller be prevented from effecting deliveries of the Goods or any of them by reason of either an act of god, insurrection, riot, war hostilities, terror attacks, warlike operations, piracy, arrests, restraints or detainments by any competent authority, strikes or combinations or lock-out of workmen, fire, floods, droughts, earthquakes, permanent or temporary delay or inability to obtain labor, material or services through Seller's usual and regular sources, or any other circumstances (whether of a nature similar to those specified, or not) beyond the absolute control of the Seller, then, in each such cases, the obligation of the Seller to effect deliveries hereunder shall be suspended until after such prevention shall cease to continue. Should any deliveries under this Contract be suspended under this clause for more than 90 days – either party may withdraw from this Contract and be relieved from any liability; provided however, that Purchaser shall nevertheless accept delivery and pay for such Goods once the Seller is able to deliver in accordance with the period(s) of shipment named in this Contract. Seller shall not be liable for, and be relieved from, any loss or damages of any kind resulting from the causes mentioned hereinabove.
13.0 - Advice Given
Any provisions specified or implied by herein or elsewhere notwithstanding, any advice, recommendation, information, assistance or service provided by Seller or the Site in relation to the Goods or in respect of their use or application is given in good faith, shall be deemed accepted by Purchaser without imputation of any liability to Seller, and it shall be the responsibility of Purchaser to confirm the accuracy and reliability of the same in light of the use of which Purchaser makes or intends to make of the Goods.
14.0 - Returns and Refunds
The policy for returning a product to EBUYNOW is defined in the EBUYNOW Return Policy found at moto360.com/returns-policy which applies only after the transfer of title to the Purchaser is final. This document does not govern or apply to Goods owned by the Purchaser.
15.0 - Entire Agreement
This Contract merges the entire terms and conditions for sale of the Goods. In the event of any conflict between the terms herein and any provisions documented in any form, this Agreement shall govern and prevail. Subject to the foregoing, nothing specified in, or referred to by, any other document, record or instrument whatsoever, which relates to and/or which otherwise subsists in connection with the sale of Goods herein, whether expressly or impliedly, including any written order, request or other standard or specific terms of any entity, shall or may be interpreted to attribute to Seller and/or to Seller's affiliates or representatives
- any liability, obligation, commitment and/or undertaking, and/or
- any waiver in connection with or of any right, whether contractual, proprietary, in-personam and/or equitable, including but not limited to, any and all intellectual property rights in connection with the Goods, which are and shall always remain in the Seller's exclusive and complete ownership under all circumstances whatsoever, notwithstanding any sale of Goods hereunder and whether the Goods shall be standard Goods or manufactured to a specific order.
The Purchaser shall refrain at all times and for whatever purpose from infringing, contesting, disputing or questioning such rights, patents, trademarks, titles or interests, nor shall it aid or allow others to do so, regardless of whether directly or indirectly. No modification or waiver of any provision hereof shall become valid and effective except upon a written instrument duly signed beforehand by Seller. No waiver by either party of any default of the other party shall be deemed a waiver of any subsequent or other default.