Term and conditions
1.All orders for goods (“Goods”) and services (“Services”) on our website are accepted subject to these terms and conditions of sale (these “Conditions of Sale”). No other terms will apply to the sale of Goods and Services unless agreed in writing by an authorized representative of ours. Please read these Conditions of Sale carefully and make sure that you understand them, before ordering any Goods or Services from our site. By placing an order to buy Goods or Services from us you agree to these Conditions of Sale. You should print a copy of these Conditions of Sale for future reference.
Offer and Acceptance
2.An order submitted by you constitutes an offer by you to us to purchase Goods or Services subject to these Conditions of Sale and is subject to our acceptance of your offer. Your order will not be accepted until we issue you an acknowledgement of your order. Once we issue you an acknowledgement of your order and accept your credit card or other form of payment, the contract between us and you will be made.
Pricing and Payment
3.All items offered for sale are at the fixed price stated on the website. Unless otherwise stated on our website prices include federal, state and local sales, use, excise or gross receipts taxes, value added and similar taxes, if applicable. Prices do not include the costs of shipping or carriage.
4.Our site contains a large number of Goods and Services. It is always possible that, despite our best efforts, some of the Goods or Services on our site may be incorrectly priced. If after we have accepted your order, we discover a pricing error that is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to provide the Goods or Services to you at the incorrect (lower) price. We will notify you in that event and will give you the option of continuing to purchase the Goods or Services at the correct price or cancelling your order and refund any money paid by you. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing and refund any money paid for the Goods or Services.
5.You must pay for the Goods and Services purchased on this website in the currency in which they are listed.
6.If you are paying by credit card, you authorize us to charge your credit card for the amount due for the Goods or Services.
7.Billed amounts that remain unpaid thirty (30) days after the date of the billing may bear a finance/handling charge of one and one half percent (1 ½%) per month, which is an annual percentage rate of eighteen percent (18%), which interest shall accrue from the date of the billing statement. Billed amounts that remain unpaid for sixty (60) days are considered delinquent and subject to collection activity. In such event, collection fees not to exceed 33% of the invoice balance will be charged to the client.
8. Initial consultations for businesses are typically complimentary (solely at the discretion of Micah Fraim, CPA). If the appointment is not cancelled at least 24 hours in advance, this complimentary session is forfeit and the next session will be charged at the normal hourly rate. For all other appointments cancelled less than 24 hours in advance, a fee of $125 will be charged.
Availability and delivery
9.While we make every effort to keep our inventory updated and current, we cannot guarantee that all Goods are in stock or available to ship when you submit your order. If we are unable to fill your order, we will inform you by email as soon as possible. We will not process your order and will refund any payments made by you for the cancelled Goods or Services.
10.We will endeavor to ship your ordered Goods and perform any Services within the time stated in the order acknowledgement. However, delivery times and dates, if any, quoted on the website or in any order acknowledgement or acceptance are approximations only. We will not be liable for the consequences of any delay in delivery. If any delivery is late, you must notify us. We may, at our discretion, offer an alternative delivery option, or if a revised delivery time is not acceptable to you, we may refund the delivery charge to you. These are your exclusive remedies for late delivery.
11.Unless otherwise agreed to by us in writing, delivery shall be to a valid address within the United States submitted by you to us when ordering or during registration with the website. You are responsible for maintaining the accuracy of your account information with us and updating the information where necessary. You are responsible for maintaining the confidentiality of information we provide for the purposes of accessing the website and/or purchasing Goods and Services, and for keeping such information secure against unauthorized access.
12.The Goods will be your responsibility from the completion of delivery. You own the Goods once we have received payment in full, including all applicable delivery charges.
13.We warrant that if any Goods are defective, we will, at our option, replace or repair the Goods or refund the purchase price. This warranty is subject to a claim being made in writing to us within 3 months of receipt of the Goods by you, or such other longer period as may be specified in writing. You must return the Goods in suitable packaging in accordance with our instructions.
14.If you are a consumer, you have the right to withdraw from the purchase of any Goods or Services during the period set out below in paragraph 5.1.3 for any reason with or without cause. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
15.These warranties set out herein shall not apply to any defect, which arises from improper use, failure to follow the product instructions, or any repair or modification made by anyone other than us.
16.The remedies set out in this Warranty section shall be our sole liability and your sole remedy for any breach of warranty.
17.EXCEPT AS EXPRESSLY STATED IN THIS WARRANTY SECTION, WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS??? LAWS DO NOT ALLOW THE EXCLUSION OF AN IMPLIED WARRANTY. IN WHICH CASE, ALL OR PART OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU, AND WE DISCLAIM ANY WARRANTIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
18.You shall be entitled to reject any Goods or Services that do not conform to the description of the Goods and Services on the website or are defective upon delivery if you provide notice within 7 days of delivery of the Goods or the performance of the Services. At our option, we will do the following:
- where there is a shortage in quantity, make good any such shortage,
- where there is damage to the Goods, replace or repair the Goods upon you returning the Goods in accordance with paragraph 19 below;
- where we fail to perform, or there is defective performance of, Services, make good such failure or defective performance; or
- refund the price paid by you for the Goods or Services.
19.If you fail to give notice of any defects or problems with the Goods or Services in accordance with paragraph 16 above, the Goods and Services shall be presumed to be free from all defects and manufactured and delivered in accordance with your order, and you shall be deemed to have accepted the Goods and Services.
20.We shall not be liable for damages, loss or defects that result from your negligent acts or omissions or intentional conduct. We shall not be liable for any damage or losses arising from your installation of the Goods, improper use or use in any manner inconsistent with the product’s specifications or instructions.
Cancellations, refunds and returns
21.All returned Goods should be adequately packaged for shipping and returned to us, either mailed to the attention of Customer Service to the address provided on the website or otherwise as we direct.
22.Goods that are not in the original condition or that have been used cannot be returned.
23.Refund for any Goods or Services will be issued to you not later than 30 days from the date you return the Goods, or the Services has been properly cancelled.
24.You cannot cancel a purchase other than as set out in these Conditions of Sale.
Customs & taxes
25.If any license, consent, fees or duties of any government or other authority is required for the acquisition, carriage or use of any Goods by you, you shall obtain such license or consent at your own expense and pay any fees or duties due, and produce evidence to such effect to us upon request.
Events beyond our control
26.We shall not be liable for any default or delay in the performance of any of our obligations under these Conditions of Sale and any contract if such default or delay is caused, directly or indirectly, by events beyond our reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, power outages, supply shortages or the failure of you or any third party to perform any commitment relating to the production or delivery of any equipment or material required for us to perform our obligations hereunder.
27.If an event beyond our control takes place that affects the performance of our obligations under any contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under the contract will be suspended and the time for performance of our obligations will be extended for the duration of the event beyond our control. Where the event beyond our control affects our delivery of Goods or Services to you, we will arrange a new delivery date with you after the event beyond our control is over.
Limitation of liability
28.UNDER NO CIRCUMSTANCES WILL WE, THE OWNER OR OPERATOR OF THIS WEBSITE, OR ANY OF THEIR GROUP COMPANIES, EMPLOYEES, OFFICERS OR AGENTS, OR ANY OTHER ORGANIZATION INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY LOSS OF:
- BUSINESS OR BUSINESS OPPORTUNITIES;
- SAVINGS YOU EXPECT TO MAKE;
- USE OF, OR CORRUPTION TO INFORMATION;
- INFORMATION, OR
- INDIRECT OR CONSEQUENTIAL DAMAGES.
29.NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. OUR AGGREGATE LIABILITY UNDER THESE CONDITIONS OF SALE AND FOR ANY CONTRACT FOR THE SALE OF GOODS OR SERVICES IS LIMITED TO AMOUNTS PAID TO US BY YOU FOR THE GOODS OR SERVICES GIVING RISE TO THE CLAIM. THE ESSENTIAL PURPOSE OF THIS SECTION IS TO LIMIT OUR POTENTIAL LIABILITY ARISING OUT OF THESE CONDITIONS OF SALE AND ANY CONTRACT BETWEEN YOU AND US.
Variation of Contract Terms
30.We may make changes to these Conditions of Sale and to the prices for our Goods and Services from time to time. The changes will take effect and will be applicable to any orders made after the change.
31.The laws of the state of Virginia (without reference to its conflict of laws principles) apply to these Conditions of Sale and any contract between you and us. We control the content of the website from within the United States. However, you can get access to the website from other places around the world. Although, these places may have different laws from the laws of the state of Virginia, by using the website you agree that the laws of the state of Virginia will apply to everything relating to you using the website and you agree to keep to these laws. We have the right to take you to court in the country and/or state that you live in.
32.Each of the paragraphs of these Conditions of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.
33.We may transfer our rights and promises under these Conditions of Sale to another organization. We will tell you if this happens.
34.These Conditions of Sale are between you, on your own behalf and on behalf of the business you represent (if any), and us. No other person will have any rights to enforce any of its terms.
35.If we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you.
36.All references in these Conditions of Sale to “written” or “writing” will include email unless stated otherwise. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
37.We are not authorized to do business in every state and country. If you are not located in the United States of America, we may not be able to fulfill any orders for Goods or Services that you submit to us.
The Whole Agreement
38.These Terms and Conditions of Sale contain the whole agreement between you and us and replace any other agreement or communication between you and us relating to the Goods and Services. However, this paragraph 36 does not in any way limit our liability for making fraudulent statements in connection with the Goods or Services or otherwise.
39.Please contact us using the details shown on our website if you have any questions, comments or requests regarding these Conditions of Sale.
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