ValleySeek - Terms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE VERY CAREFULLY.
THE TERMS AND CONDITIONS OF SALE ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.
Important Information About These Terms and Conditions of Sale
These terms and conditions of sale constitute a binding contract between Customer and ValleySeek. Customer accepts these terms and conditions of sale by making a purchase, placing an order or otherwise shopping on ValleySeek's Website (the "Site"). These terms and conditions of sale are subject to change without prior notice, except that the terms and conditions of sale posted on the Site at the time Customer initially places or modifies an order will govern the order in question.
These terms and conditions of sale constitute the entire agreement between Customer and ValleySeek relating to the terms and conditions of sale of products and services on the Site. Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting ValleySeek at the address provided below.
Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the terms and conditions of sale contained herein and in ValleySeek’s invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these terms and conditions of sale or any purchase order or invoice related thereto.
THESE TERMS AND CONDITIONS OF SALE AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT IN COUNTY OF SANTA CLARA, CALIFORNIA AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN COUNTY OF SANTA CLARA, CALIFORNIA AND SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING.
Risk of Loss
If Customer provides ValleySeek with Customer’s carrier account number or selects a carrier other than a carrier that regularly ships for ValleySeek, title to products and risk of loss or damage during shipment passes from ValleySeek to Customer upon shipment from ValleySeek’s facility. For all other shipments, title to products and risk of loss or damage during shipment passes from ValleySeek to Customer upon receipt by Customer. Title to software will remain with the applicable licensor(s). ValleySeek retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.
If this transaction involves an export under the Export Administration Regulations, the commodities, technology and/or software sold or distributed under these terms and conditions of sale exported from the United States by ValleySeek were exported in accordance with the Export Administration Regulations. Diversion, use, export or re-export contrary to United States law is prohibited. The commodities, technology and/or software sold or distributed under these terms and conditions of sale may not be exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan, North Korea or Syria or to entities and persons that are ineligible under United States law to receive United States commodities, technology and/or software. In addition, manufacturers' warranties for exported products may vary or may be null and void for products exported outside the United States.
Customer understands that ValleySeek is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not ValleySeek. In purchasing the products, Customer is relying on the manufacturer’s specifications only and is not relying on any statements, specifications in brochures, photographs or other illustrations representing the products that may be provided by ValleySeek. In connection with services, neither affiliates of ValleySeek nor third party service providers are agents of ValleySeek and ValleySeek has no obligation or liability arising from any services performed by or any warranty, if any, made by, such service providers. ValleySeek AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED BY THIRD PARTIES OR AFFILIATES OF ValleySeek, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Pricing Information; Availability Disclaimer
All pricing is subject to change. ValleySeek reserves the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, ValleySeek cannot guarantee that it will be able to fulfill Customer’s orders.
Limitation of Liability
NEITHER ValleySeek NOR ITS AFFILIATES WILL BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. NEITHER ValleySeek NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE OR THE PROVISION OF SERVICES BY THIRD PARTIES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES PROVIDED DIRECTLY BY ValleySeek OR ITS AFFILIATES, NEITHER ValleySeek NOR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM.
ValleySeek will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.
Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to the products or services sold pursuant to these terms and conditions of sale, the interpretation or application of these terms and conditions of sale or the breach, termination or validity thereof, the relationships which result from these terms and conditions of sale (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto), or ValleySeek's advertising and marketing (collectively, a “Claim”) WILL BE RESOLVED, UPON THE ELECTION OF ValleySeek, CUSTOMER OR THIRD PARTIES INVOLVED, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association, with offices in San Francisco, CALIFORNIA. If arbitration is chosen by any party with respect to a Claim, neither ValleySeek nor Customer will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties. Further, Customer will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these terms and conditions of sale, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place in San Jose, CALIFORNIA. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to ValleySeek arising out of sales hereunder will be exclusively litigated in court rather than through arbitration.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon ValleySeek unless accepted (credit card transactions processed on the site DO NOT constitute acceptance of an order.) by ValleySeek and we reserve the right to cancel any order for any reason. Terms of payment are within ValleySeek's sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. ValleySeek may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the lower of one and one-half percent (1 1/2%) per month or at the highest rate allowed by law. Customer is responsible for, and will indemnify and hold ValleySeek harmless from, any applicable sales, use or other taxes associated with the order. Customer must claim any exemption from tax at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable tax is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of ValleySeek’s costs of collection, including court costs, filing fees and attorney’s fees. All payments by Paypal or wire transfer must be completed within 24 hours of sale. If an order is not paid within the 24 hour window the order will become null and void.
Please refer to Return Policy
Orders with payment cleared usually ship within one business day. If the order is received and payment cleared before our shipping cutoff of 12PM EST on a working day, it will frequently ship the same day. Please note that you may receive a tracking number before the order is picked up by the carrier. The shipment origination time should be assumed to be the time of carrier pickup
Shipments that are returned to us for any reason such as incorrect shipping address, inability to clear through customs etc will be charged for to and fro shipping and a restocking fee may apply. In case, the item is non-refundable, the customer will need to arrange for reshipment of the item. If arrangements for reshipment are not made within 7 days, we reserve the right to dispose of the items at our discretion
Any shipping damage must be reported within 24 hours of delivery. Customer is responsible for assisting and cooperating with the claim process of the shipping carrier. This includes providing description of the damage and allowing for inspection of goods and packing material.
Televisions must be inspected at the time of delivery. If there is any damage, it should be noted with the delivery courier and and delivery should be refused. We are not responsible for damage discovered after the shipment has been signed for. If the television is found to be undamaged upon return, the customer will be responsible for return shipping and a restocking fee may apply.
Still Have Questions? Contact Customer Service at firstname.lastname@example.org
DisclaimerEffort has been made to ensure the accuracy of all information on this web site. ValleySeek makes no warranty expressed or implied with respect to the accuracy of the information, including prices, product editorials, product specifications or advertising.