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Policy & Agreement
(1) Introduction
Please read these terms of sale
carefully.
You will be asked to expressly
agree to these terms of sale before you place an order for products from our
website.
(2) Interpretation
In these terms of sale, “we” means
cablematters.com
(and “us” and “our” will be construed accordingly); and “you” means our customer
or potential customer for products (and “your” will be construed accordingly).
(3) Order process
The advertising of products on our
website constitutes an “invitation to treat”; and your order for products
constitutes a contractual offer. No contract will come into force between you
and us unless and until we accept your order in accordance with the procedure
detailed below.
In order to enter into a contract
to purchase products from us, you will need to take the following steps: (i) you
must add the products you wish to purchase to your shopping cart, and then
proceed to the checkout; (ii) if you are a new customer, you must then create an
account with us and log in; if you are an existing customer, you must enter your
login details; (iii) once you are logged in, you must select your preferred
method of delivery and choose your payment method and confirm your order and
your consent to these terms of sale; (iv) you will then submit your order; (v)
we will then send you an initial acknowledgement; and (vi) once we have checked
whether we are able to meet your order, we will either send you an order
fulfilment email (at which point your order will become a binding contract) or
we will confirm by email that we are unable to meet your order.
We will not file a copy of these
terms of sale specifically in relation to your order. We may update the version
of these terms of sale on the website from time to time, and we do not guarantee
that the version you have agreed to will remain accessible. We therefore
recommend that you download, print and retain a copy of these terms of sale for
your records.
The only language in which we
provide these terms of sale is English.
Before you place your order, you
will have the opportunity of identifying whether you have made any input errors
by order review page. You may correct those input errors before placing your
order by backward to preview order page.
(4) Price and payment
Prices for products are quoted on
our website. The website contains a large number of products and it is always
possible that some of the prices on the website may be incorrect. We will
verify prices as part of our sale procedures so that a product's correct price
will be stated when you pay for the product.
In addition to the price of the
products, you may have to pay a delivery charge, which will be as stated when
you pay for the product.
Payment must be made upon the
submission of your order. We may withhold the products and/or cancel the
contract between us if the price is not received from you in full in cleared
funds.
All orders ship to Massachusetts
need to apply 6.25% sales tax.
Payment for all products must be
made by cablematters.com accepted payment methods.
Prices for products are liable to
change at any time, but changes will not affect contracts which have come into
force.
(5) Your warranties
You warrant to us that:
(a) you are legally capable of
entering into binding contracts, and you have full authority, power and capacity
to agree to these terms of sale;
(b) the information provided in
your order is accurate and complete;
(c) you will be able to accept
delivery of the products;
(d) you are resident in
United State;
(e) you are at least 18 years
of age.
(6) Delivery policy
We will arrange for the products to
be delivered to the address for delivery indicated in your order.
We will use reasonable endeavours
to deliver products on or before the date for delivery set out in our shipping
term and policy. However, we cannot guarantee delivery by the relevant date. We
do however guarantee that unless there are exceptional circumstances all
deliveries of products will be dispatched within 1 business days of the
later of receipt of payment and the date of our order confirmation.
We will only deliver products
within United States.
(7) Risk and ownership
The products will be at your risk
from the time of delivery. Ownership of the products will only pass to you upon
the later of:
(a) delivery of the products;
and
(b) receipt by us of full
payment of all sums due in respect of the products (including delivery charges).
We will be entitled to recover
payment for the products even where ownership has not passed to you.
(8) Return period
You may return your order within
30 days after the date of invoice.
If you want to return your order on
this basis, you must inform us in email and return the products to us
immediately, in the same condition in which you received them. Products
returned by you in accordance with this Section will be refunded in full except
shipping and handing fee. However, you will be responsible for paying
the cost of returning the product to us.
A 15% restocking fee will be applied to all returns for a refund if the
electronic products are returned.
If you issue a return process on
this basis and you do not return the products to us, we may recover the products
and charge you for the costs we incur in doing so. Similarly, if you return the
products at our expense, we may pass that expense on to you.
(9) Statutory rights
Nothing in these terms of sale
affects your statutory rights (including your right to receive a refund in
respect of any defective product we sell to you).
(10) Refunds
If you return you order and are
entitled to a refund, we will usually refund any money received from you using
the same method originally used by you to pay for your purchase. We will process
the refund due to you as soon as possible and, in any event, within 5 business
days of the date we received your valid return order.
(11) Limitations of liability
Nothing in these terms of sale will
limit or exclude your or our liability for: (i) death or personal injury caused
by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any matter
for which it would be illegal to limit or exclude, or attempt to limit or
exclude, liability.
Subject to this, the products we
sell are intended for personal use only and we will not be liable for any
business losses (including without limitation loss of income or revenue, loss of
business, loss of profits or contracts, loss of anticipated savings, loss of
data or waste of management or office time).
(12) General terms
Images of products on our website
are for illustrative purposes; actual products may differ from such images.
We will treat all your personal
information that we collect in connection with your order in accordance with the
terms of our
privacy policy.
Contracts under these terms of sale
may only be varied by an instrument in writing signed by both you and us. We
may revise these terms of sale from time-to-time, but such revisions will not
affect the terms of any contracts which we have entered into with you.
If any provision of these terms of
sale is held invalid or unenforceable by a court of competent jurisdiction, the
remaining provisions will remain in full force and effect, and such invalid or
unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these
terms of sale, whether by conduct or otherwise, in any one or more instances,
will be deemed to be, or be construed as, a further or continuing waiver of that
provision or any other provision of these terms of sale.
You may not assign, charge,
sub-contract or otherwise transfer any of your rights or obligations arising
under these terms of sale. Any attempt by you to do so will be null and void.
We may assign, charge, sub-contract or otherwise transfer any of our rights or
obligations arising under these terms of sale, at any time – providing such
action does not serve to reduce the guarantees benefiting you under these terms
of sale.
Each contract under these terms of
sale is made for the benefit of the parties to it and is not intended to
benefit, or be enforceable by, any other person. The right of the parties to
terminate, rescind, or agree any amendment, variation, waiver or settlement
under such contracts is not subject to the consent of any person who is not a
party to the relevant contract.
Subject to the first paragraph of
Section 12: these terms of sale contain the entire agreement and understanding
of the parties in relation to the purchase of products from our website, and
supersede all previous agreements and understandings between the parties in
relation to the purchase of products from our website; and each party
acknowledges that no representations not expressly contained in these terms of
sale have been made by or on behalf of the other party in relation to the
purchase of products from our website.
These terms of sale will be
governed by and construed in accordance with United States law.
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