TERMS AND CONDITIONS OF SALE
1. INFORMATION ABOUT THE WEBSITE AND THE PRODUCTS
a. We try to ensure that all information on the Website, including descriptions of our products and listed prices, is accurate and correct at all times. If there is an error, we will try to resolve all errors in information on the Website as soon as reasonably possible. We are not responsible for, and cannot be held liable for any incorrect or inaccurate information.
b. All products are subject to availability and may not be available when you place your order. We will do our best to arrange delivery of your products within a reasonable time of ordering. Please note that all tracking information is provided to Us by our delivery service provider and are estimates of delivery only. We reserve the right to adjust prices, products and special offers at our discretion.
d. If at any time You have any questions or concerns, please contact Us at the information found at https://www.aquios.net/store/contacts
2. PURCHASING GOODS
a. Placing your Order
i. Once You have selected the goods which You would like, You will be asked to register your personal details with us by completing a registration form. Registration is not required; however We encourage registration in order to facilitate the checkout process during future orders on the Website.
ii. By placing an order with us, You represent and warrant that You are legally capable of signing binding agreements.
iii. When You place an order for goods via the Website, your order constitutes an offer to purchase goods from us. Where You order more than one item, your order comprises a series of offers for each item individually.
iv. After placing an order with us, You will access an order confirmation webpage and receive an order confirmation email (together the “Order Confirmations”). The Order Confirmations set out the final details of the order which You have submitted to the Website. Please take care when placing your order, as You will be unable to add to or amend your order after We send the Order Confirmations.
b. Order Acceptance
i. All orders are subject to acceptance by Us. Order acceptance occurs when We send You an email that confirms that the products ordered by You have been shipped (the “Shipping Confirmation”). In either case, We will not be obligated to supply any products until We issue an acceptance applicable to each product, specifically.
ii. We reserve the right, at our discretion and in our sole discretion, not to accept any offer. Should We reject your order, We will notify You as soon as reasonably possible.
i. We will take payment from your credit, debit card, gift card and Paypal account at the time your order is shipped. You will receive an email or post mail detailing what items have shipped from your order and the cost to ship these items (the “Shipping Email”). If your order is split into multiple shipments, We will charge You only for the items actually shipped at that time.
ii. We will not process your order or supply the products to you until your credit card issuer has authorized the use of your card for payment of the products.
iii. Except where otherwise set out in these Terms of Sale, the price payable by You for the products is the price given by the Website at the time You place your order. Applicable taxes and the delivery fee will be added at the time You place your order, but will not affect the base price of the goods.
d. Shipping and Delivery
i. After We send You your Order Confirmation e-mail, We will send You a separate Shipping Confirmation email. The Shipping Confirmation email will include a tracking number that You may use to track your order on our delivery service provider’s website and obtain an estimated delivery date.
ii. The goods will be delivered by a delivery service provider to the delivery address specified by You during the order process. Once the goods have been delivered to You, You become the owner of those goods and from that point they will be at your risk. This means You will be liable for any subsequent damage, loss or destruction.
3. CANCELLING AN ORDER AND RETURNING GOODS
a. You may cancel your order for all products at any time up until We send You the Shipping Confirmation email.
b. For all products purchased directly on our Website, We offer a 60 day returns period, allowing You to cancel your contract for up to 60 days after the goods have been received. Please read our Return Policy on https://www.aquios.net/store/customer-service/ for more information about our 60 day return period and returning the products. The 60 day returns period is only applicable for purchases made directly through our Website.
c. We explicitly reserve the right to reject any order or cancel any purchase at any time in the following cases, subject to any applicable refund:
i. the products are not available/not in stock;
ii. the data You provide to us in connection with your purchase is incorrect or cannot be checked;
iii. your order is marked as suspicious or otherwise suggestive of fraud or illegality by our security systems;
iv. We have reason to believe that your purchase is intended for a further commercial activity;
v. there has been an error in the indicated price of the goods; (vi) We have reason to believe that You are under 18 years old and do not have parental consent; or
vi. We cannot deliver the products to the address You have provided.
d. If any products have been delivered and found to be damaged or faulty and We cannot remedy the fault to your reasonable satisfaction, then these products can be returned, provided that You notify us of the alleged defect within 48 hours after the products has been received. Please read our Returns Policy on https://www.aquios.net/store/customer-service/ for more information about returning the goods.
4. GENERAL TERMS ABOUT OUR RELATIONSHIP WITH YOU
a. Limitation of Liability IN NO EVENT SHALL AQUIOS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, OR ANY PRODUCTS PURCHASED FROM THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF AQUIOS FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE OR PRODUCTS PURCHASED FROM THE WEBSITE SHALL NOT EXCEED THE TOTAL NET AMOUNT PAID BY YOU TO US IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
b. Warranties. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE WARRANTY POLICY(https://www.aquios.net/store/warranty-information): (I) THIS WEBSITE AND ALL GOODS PURCHASED BY YOU THROUGH THE WEBSITE ARE PROVIDED ON AN “AS-IS” BASIS; AND (II) AQUIOS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE OR ANY GOODS PURCHASED BY YOU THROUGH THE WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL EXPRESS WARRANTIES OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
c. Events Beyond Our Reasonable Control (Force Majeure). We will not be responsible for any delay or failure to comply with these Terms of Sale or the Additional Policies if the delay or failure arises from any event which is beyond our reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, war, civil unrest, acts of terrorism or malicious damage to or destruction of our premises, equipment or goods or by reason of any act done pursuant to a trade dispute or shortages of labor.
d. Waiver. Delay in our exercising or failure to exercise any right or remedy under these Terms of Sale, shall not constitute a waiver of our rights and remedies under these Terms of Sale.
e. Invalidity. In the event that one or more of the terms set out in these Terms of Sale or in the Additional Policies is held to be invalid by a competent authority, the remaining terms of the Terms of Sale and the Additional Policies shall continue to have effect and You will still be bound by them.
g. Governing Law. This agreement and all rights and obligations of the parties shall be governed by and construed in accordance with the laws of the State of Texas without regard to its conflict of laws provisions. The parties agree to submit to the personal jurisdiction and venue of the state and federal courts of the State of Texas within Harris County.