Terms and Conditions of Sales
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
These terms and conditions apply to your purchase from seller via this Website. You acknowledge that you are fully aware of the contents of these terms and conditions and, on placing any purchase order for any products; you agree to be bound by and accept these terms and conditions.
(i) “Customer” means a person who orders Product(s) via this Website;
(ii) “Product(s)” means any products listed as shopping items on this Website;
(iv) “Seller” means the owner and/or http://4marchforth.com;
(v) “Website” or “this Website” means http://4marchforth.com;
(vi) “User” means anyone who uses this website
2. Placing an Order
Information contained on this Website constitutes an invitation to treat. No information on this Website constitutes an offer by Seller to supply any Product(s).
By placing an order via this Website, the Customer makes an offer to purchase the Product(s) he or she has ordered on these terms and conditions. Seller may or may not accept the Customer’s offer at the Seller’s absolute discretion.
Upon receipt of the Customer’s order, Seller will verify the availability of the Product(s) and the Customer’s payment details. Seller has not accepted the Customer’s offer and is not obliged to supply the Product(s) until Seller has shipped the Product(s) and sent an order confirmation to the Customer by email.
3. Supply of Product(s)
Subject to these terms and conditions, Seller may agree to supply the Customer with the Product(s) as specified in the Customer’s order form submitted to Seller via this Website.
When Product(s) have been shipped pursuant to the Customer’s order, Seller will email the Customer to confirm shipment.
The pictures showing the Product(s) in this Website may not be identical to the Product(s) as shipped to the Customer. The Seller shall have the right to supply the Product(s), which do not correspond to the pictures appearing in this Website, provided that the said Product(s) perform substantially the same function as described in this Website.
Seller shall have the right to make substitutions and modifications of the specification of the Product(s) ordered by the Customer, provided that such substitutions or modifications will not materially affect the overall performance of the Product(s) or the type of Product(s) ordered by the Customer.
4. Price and Payment
Pricing of Product(s) shall be the price as stipulated on this Website at the time when the Customer places an order with Seller.
All prices are shown in United States Dollars exclusive of value added tax (VAT) and shipping costs and United States Dollars are the only acceptable payment currency. Other currencies are listed for reference purposes only (if available).
Upon placing an order with Seller, the Customer shall provide to Seller his or her valid billing – delivery address information as requested by the Website through PAYPAL. For payment methods, such as PayPal, Moneybookers or bank transfer payment, the Seller will charge the Customer on confirmation of the order or prior to shipment. Presently, all payment methods and transactions occur securely through PAYPAL and not on this website.
Seller will take all reasonable precautions to keep the details of Customer’s order and payment secure but Seller cannot be held liable for any losses caused as a result of unauthorized access to information provided by the Customer.
Product(s) will be delivered to the delivery address provided by the Customer. Seller will use its discretion in selecting a reputable carrier and appropriate means of delivery.
Risk of loss and damage of Product(s) passes to the Customer on the date when the Product(s) is/are dispatched by Seller to the carrier.
Any dates quoted by Seller for the delivery of Product(s) are estimates only and shall not form part of the contract. Seller aims to deliver promptly, however delays are occasionally inevitable due to unforeseen factors. Seller shall be under no liability for any delay or failure to deliver the Product(s) within the estimated delivery time.
Seller will not be responsible for any tariffs, customs restrictions, customs clearance, or other regulations that apply in countries outside the Continental United States. It is the responsibility of Customer to pay the charges levied by the authorities and observe the respective regulations of the country in which he or she receives the Product(s).
If an order shipment is undeliverable, the Product(s) ordered by the Customer will be returned to the Seller at the Customer’s expense, as stock available for sale to other customers. The returned Product(s) can be sold to other customers and the Seller shall have no obligation to reserve or re-deliver the returned Product(s) to the Customer.
6. Returns and Refunds
Subject to Clause 6.4 below, no Product(s) shall be returned to the Seller unless :-
(a) the Product(s) in question is defective;
(b) the Customer has completed and filed a Request for Return Form (showing the order ID and other identifying numbers) with the Seller;
(c) the Product(s) sought to be returned by the Customer was ordered by the Customer via this Website, within 6 months prior to the date the Customer submitted a Request for Return Form;
(d) the Seller has notified the Customer by email that the Customer may return the Product(s) to the Seller;
(e) the Product(s) is returned in a clean and well packaged condition; and
(f) the Customer returns the Product(s) at his/her own expense which will include any custom duties or taxes.
Upon satisfactory return of the Product(s) to the Seller, replacement Product(s) will be shipped to the Customer if the Seller is satisfied that the Product(s) returned by the Customer is defective after suitable tests and inspections by the Seller. If replacement Product(s) is not available, a refund of product price only will be made to the Customer.
If the Seller is not satisfied that the returned Product(s) is defective, the Seller will deliver the returned Product(s) to the Customer at the Customer’s own cost.
Software, video, paperback books, or audio discs that have already been opened are excluded from any return unless they are faulty. The Seller shall have no responsibility regarding compatibility issues and it is for the Customer to ensure that his/her computer, video/audio player is compatible with the software, video or audio discs as ordered.
Seller reserves the right to update, revise or change these terms and conditions, the price of the Product(s) and any other information listed on this Website at any time. Any such changes will take effect when posted on the Website and it is the Customer’s responsibility to read the terms and conditions and confirm the price of the Product(s) on each occasion when he/she uses this Website and the Customer’s continued use of the Website shall signify his/her acceptance to be bound by the latest terms and conditions.
8. Force Majeure
Seller shall not be liable for any delay or failure in its performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of Seller. Quantities are subject to availability. In the event of shortage, Seller may allocate sales and deliveries at its sole discretion.
9. Intellectual Property
The Customer acknowledges and agrees that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of the Customer’s use of this Website shall remain at all times vested in Seller or its licensors. The Customer is permitted to use this material only as expressly authorized by Seller or its licensors.
The Customer acknowledges and agrees that the material and content contained within this Website is made available for their personal non-commercial use only and that they may only download such material and content for the purpose of using this Website. The Customer further acknowledges that any other use of the material and content of this Website is strictly prohibited and they agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
The prices of the Product(s) paid by the Customer are for the Product(s) and the services described herein and do not include technical data, copyright, trademarks, or other intellectual property rights or proprietary rights of any kind subsisting in the Product(s) or their packaging.
All Product(s) provided in connection with this Website are on an “as is” and “as available” basis. Except as otherwise expressly agreed, Seller makes no representations, warranties, covenants or guarantees of any kind, express or implied, as to the quality, suitability, accuracy or completeness of any information, content, service, or merchandise provided through this Website. Customer expressly agrees that the use of this Website is at his or her sole risk.
To the full extent permissible by applicable law, Seller disclaims all express or implied conditions, representations and warranties, including but not limited to, any implied warranty of merchantability, non-infringement and fitness for a particular purpose.
Subject to this Clause, Seller will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage or any kind whatsoever arising and whether caused by tort, breach of contract or otherwise.
Subject to this Clause, Seller’s maximum aggregate liability whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by the Customer to Seller in respect of the Product(s) in question.
Failure of Seller to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. The invalidity or unenforceability of any provision of these terms and conditions shall not adversely affect the validity or enforceability of the remaining provisions.
The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.
13. Entire Agreement; Admendment
These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior or contemporaneous representations, discussions, proposals, negotiations, conditions, communications and agreements, whether written or oral, between the Customer and Seller relating to the sale and purchase of the Product(s) ordered by the Customer. No modification of or amendment to this Agreement shall be effective unless in writing and signed by each of the parties (Seller and Customer.)
14. Governing Law
These terms and conditions shall be governed by and construed under the laws of the United States. The parties (Seller and Customer) submit to the exclusive jurisdiction of the courts of the United States, being the place where the Customer’s order/offer has been received/accepted.
IN ADDITION TO THE ABOVE TERMS AND CONDITIONS, ADVERTISEMENT PURCHASES MUST ALSO FOLLOW THESE TERMS AND CONDITIONS BELOW: (please note that the PARADISE ONLINE YARD SALE (POYS) is classified as ADVERTISEMENT)
In consideration of the terms, conditions, and covenants of this AGREEMENT, and other valuable consideration, the (parties) SELLER AND CUSTOMER agree as follows:
15. Advertisement Display and Services
The SELLER agrees to publish the Advertisement on the Website for a period of days commencing from and ending on the day the product is purchased AND CUSTOMER SUPPLIES APPROPRIATE AD (SEE BELOW) AND AD’S FINAL DRAFT IS POSTED ON WEBSITE. ALL WEBSITE ADVERTISEMENTS PURCHASED ARE LIMITED TO ONE FULL YEAR. RENEWALS ARE ELIGIBLE AFTER ONE FULL YEAR UNLESS CUSTOMER FILES A REQUEST FOR AD EXTENSION FORM TO THE SELLER. If the Customer desires to remove the Advertisement from the Website prior to the end of this period or length of ad purchased, the Customer must request the Seller in writing to do so. No refund will be made for such early withdrawal of Advertisement. (The period of service can be determined from what is purchase through shopping cart on http://4marchforth.com/merchandise page.)
The Customer shall pay the Seller for publication of the Advertisement on the Website, according to Website Advertisement and/or POYS Advertisement according to the Website Ad Examples and Pricing at http://4marchforth.com/merchandise/website-ad-examples-pricing/ and Website Paradise Online Yard Sale Pricing at http://4marchforth.com/paradise-online-yard-sale-poys/paradise-online-yard-sale-poys-pricing/ .
All fees and payments are due and payable upon the execution and purchase of Ads of this Agreement AND WHEN THE TERMS AND CONDITIONS ARE AGREED TO DURING THE MERCHANDISE SHOPPING CART CHECKOUT PAGE, and the Website Advertisement Agreement Form and/or POYS Product/Item Registration Form has been signed and returned to the seller. In the event if the Customer defaults in making the full payment AND DOES NOT SEND SELLER AD (GRAPHIC OR TEXT FOR LINK) PURCHASED FOR WEBSITE, and also does not send the Website Agreement Form back to the Website, and also does not send the POYS Product/Item Registration Form the SELLER reserves the right to suspend the Advertisement posted on the website.
Customer shall deliver the Advertisements to Seller digitally via email (CUSTOMER CAN CONTACT SELLER ANYTIME THROUGH http://4marchforth.com/contact Page): and/or OTHER MEANS THAT BOTH (PARTIES) SELLER AND CUSTOMER AGREE TO at least five (5) business days before the scheduled start date. Customer shall be solely responsible for providing the Advertisement in the format required for display per guidelines set in the Website Advertisement Specification Page at http://4marchforth.com/merchandise/website-advertisement-specifications/ . Customer acknowledges that Seller will not be responsible or liable for the quality of any portion of the Advertisement that does not meet the established mechanical criteria. If at any time Customer desires to modify its content, it shall provide a written request to Seller specifying in detail the modification desired. Seller shall, within a reasonable time, (5 business days) effectuate the modifications to the content.
Customer shall be fully responsible and liable for the content contained in the Advertisement. The Seller is not responsible for, and in no way warrants, guarantees, or ratifies, the representations made or implied in the contents.
19. Prohibited Content
Advertisements shall not contain:
(i) any content promoting the use of alcohol, tobacco or illegal substances; nudity, sex, pornography, or adult-oriented content;
(ii) any content which is explicative or inappropriate language;
(iii) content promoting illegal activity, racism, hate, “spam”, mail fraud, pyramid schemes, or investment opportunities or advice which is not permitted under law;
(iv) content that is libellous, defamatory, contrary to public policy or otherwise unlawful or any other content deemed inappropriate by the Seller in its sole discretion.
Use of any such inappropriate content by the Customer will result in the suspension, termination and removal of the Advertisement or any other action deemed necessary by the Seller in its sole discretion.
The Seller reserves the right to review and approve the suitability of the Advertisement submitted. Website Seller may reject or cancel any Advertisement for any reason which it believes in good-faith to be detrimental. If the Seller so rejects Customer’s Advertisement or terminates its display, then this Agreement shall be terminated, and Website Seller will return any prepaid advertising fees to Customer.
Customer grants the Seller a limited, non transferable, nonexclusive license to copy, use, store, set up, publicly display, publicly perform and transmit the Customer’s Advertisement (including any trade names, trademarks and service marks shown) during the term of this Agreement and solely in connection with this Agreement. Upon termination of this Agreement, the Seller will remove the Customer’s Advertisement, destroy all copies of it, and cease further display of the Advertisement.
Nothing in this Agreement grants Customer any right to use the name, trademark, or service mark of Seller in any advertisement, sales promotion, or press release without Seller’s prior written approval.
22. Proprietary Rights
Customer acknowledges that the contents of the Seller Website, including, without limitation, all trade names, trademarks, service marks, content, text, images, software, functionality, page and other design and layout, media and other materials therein, is proprietary to or licensed by Seller, protected under copyright, trademark and other intellectual property laws and such contents may not be reproduced without the consent of Seller.
Customer retains all right, title and interest including copyright and other proprietary or intellectual property rights in the content of the Advertisement, Customer’s trade names, trademarks and service marks therein.
23. Customer Warranty.
Customer warrants to Seller that:
(i) Customer has the right and authority to enter into and perform its obligations under this Agreement;
(ii) the Advertisement shall conform to the description and specifications set forth by Seller;
(iii) the Advertisement shall not constitute or be the subject of a notice or claim of any false designation of origin, false advertising or unfair competition under the law of any country;
(iv) the Advertisement does not and shall not contain or be alleged to contain any content, work, name, mark, designation, materials or link that actually or potentially violates any applicable law or regulation, or infringes any proprietary, intellectual property, contract or tort right of any person or misappropriates a person’s trade secret, name, likeness or identity;
(v) the Advertisement contains no viruses, worms, malicious code, trap doors, back doors, timers, clocks, counters, FTP servers, or other limiting routines, instructions or designs, and no web beacons, web bugs, spy ware or other similar hidden or transparent code, script, or routine designed to gather, track or transmit information about Seller or the users of the
The services and site are provided “as is” without warranty of any kind, express or implied and any use of the services or Website are at Customer’s sole risk. Seller does not warrant that the services or Website will be uninterrupted or error free, nor does Seller make any warranty as to the performance or any results that may be obtained by use of the services or Website. Seller makes no other warranties, express, or implied, including, without limitation, any implied warranties of merchantability and fitness for a particular purpose, concerning the subject matter of this agreement.
26. Independent Contractor
Seller shall provide the Services as an independent contractor and Seller shall not act as an employee, agent or broker of the Customer. As an independent contractor, Seller will be solely responsible for paying any and all taxes levied by applicable laws on its compensation. Seller understands that Customer will not withhold any amounts for payment of any taxes from Seller’s compensation.
(a) Either party (Seller and Customer) may terminate this Agreement for convenience by providing fifteen (15) days written notice (“Termination Notice”) to the other party (Seller and Customer).
(b) If a party (Seller and Customer) violates its obligations to be performed under this Agreement, the other party (Seller and Customer) may terminate the Agreement by sending a fifteen (15) days notice in writing. Upon receiving such notice, the defaulting party (Seller and Customer) shall have fifteen (15) days from the date of such notice to cure any such default. If the default is not cured within the required fifteen (15) day period, the party (Seller and Customer) providing notice shall have the right to terminate this Agreement.
Seller shall not assign any of their rights under this Agreement, or delegate the performance of any of the obligations or duties hereunder, without the prior written consent of the Customer and any attempt by Seller to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be void and of no effect.
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during receiving party’s (Seller and Customer) regular business hours or by facsimile before or during receiving party’s (Seller and Customer) regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid, to such other addresses as the parties (Seller and Customer) may, from time to time, designate in writing pursuant to the provisions of this section, or (c.) the day of purchase from seller’s website.
30. Governing Law
These terms and conditions shall be governed by and construed under the laws of the United States. The parties (Seller and Customer) submit to the exclusive jurisdiction of the courts of the United States, being the place where the Customer’s order/offer has been received/accepted. (INDIANA)
If any provision of this Agreement shall be held to be illegal, invalid or unenforceable under present or future laws, such provisions shall be fully severable, this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement; and, the remaining provisions of this Agreement shall remain in full force and effect.
32. Limitation of Liability
IN NO EVENT SHALL EITHER PARTY (Seller or Customer) BE LIABLE TO THE OTHER PARTY (Seller or Customer) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, DAMAGES FOR LOSS OF PROFITS, INCURRED BY THE OTHER PARTY (Seller or Customer) ARISING OUT OF THE SERVICES PROVIDED UNDER THIS AGREEMENT, EVEN IF SUCH PARTY (Seller or Customer) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NEITHER PARTY’S (Seller or Customer) LIABILITY ON ANY CLAIM, LOSS OR LIABILITY ARISING OUT OF OR CONNECTED WITH THIS AGREEMENT SHALL EXCEED THE AMOUNTS PAID TO SELLER BY CUSTOMER.
34. ALL arbitrations, agreements, and communications will be conducted in the English Language.
AGAIN, BY CHECKING THE TERMS AND CONDITIONS AGREEMENT BOX ON THE CHECKOUT PAGE OF YOUR SHOPPING CART STATES THAT YOU HAVE READ THE ABOVE TERMS AND CONDITIONS AND YOU AGREE TO ABIDE BY THE ABOVE TERMS AND CONDITIONS FOR YOUR PURCHASES.