Terms & Conditions *Revised 6/10/13
Payment
We accept
the following forms of payment: Visa, MasterCard, American Express, Discover and
payments made through PayPal.
Ordering
Your
shopping experience and satisfaction is very important to us. We have designed a
webpage that is easy to navigate. Ordering an item from this site and paying
for it, manifests your implied or express acceptance of the standard terms and
conditions.
Once an
order is placed and shipped, it is the customer's responsibility to accept it.
If the customer refuses an ordered item, or omits to pick it up at the carrier’s
distribution point, the customer is liable for all shipping charges incurred
plus a restocking charge.
In the
event that we shipped you the wrong item, e.g. we shipped an item other then the
one you ordered, we will be responsible to exchange the item and pay for all
shipping costs involved.
If on the
other hand you ordered an item that turns out to be wrong or you simply changed
your mind, you will be responsible for all the shipping costs and a restocking
fee of 30%. We accept returns up to 15 days from the date of the invoice.
Transit
Damage
If you
receive your order and the merchandise arrived damaged, please report it to the
carrier and find out what Remedies/Compensations are offered to you.
Please use
the contact link and provide us with the invoice or order number and the type of
damage. We strive to resolve transit damage claims
within 7 days or less.
If your
unit becomes defective during regular use, it becomes subject to the
manufacturer's warranty. We encourage you to register your product upon receipt
with the manufacturer, and retain a copy of your proof of purchase. You will
need proof of purchase to claim warranty with the manufacturer. The proof of
purchase is needed to determine whether your item is still covered under the
manufacturer’s 1 year warranty.
Canceling
an Order
Orders can
be cancelled at no cost to you if the item has not yet shipped. Please e-mail us
immediately if you decide to cancel your order. NineStarsProducts.com will issue
a credit if the item has not yet shipped.
However if
the item has shipped, you will be responsible for all of the shipping charges,
both outbound and inbound plus a restocking fee at our option.
If the item
is lost or damaged in transit, the customer will be charged for the item.
Therefore we recommend that you purchase insurance prior to shipping the item
back to us, so that you can file a claim with the shipper if the item is lost or
damaged in transit.
S.E.&O.
All orders
are subject to seller's acceptance, Seller may reserve the right to refuse
orders based on availability, pricing, errors and omissions, demand, shipping
costs and other factors.
Terms of
Use
Welcome to
the Ninestarsproducts.com website (the "Site"). We provide services to you
subject to the notices, terms, and conditions set forth in this agreement (the
"Agreement"). In addition, when you use any of our services, you will be subject
to the rules, guidelines, policies, terms, and conditions applicable to such
service, and they are incorporated into this Agreement by this reference. We
reserve the right to change this Site and these terms and conditions at any
time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT
TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT
CAREFULLY BEFORE PROCEEDING.
USE OF
SITE
You
represent and warrant that you are at least 18 years old or visiting the Site
under the supervision of a parent or guardian.
Subject to
the terms and conditions of this Agreement, we hereby grant you a limited,
revocable, non-transferable and non-exclusive license to access and use the Site
by displaying it on your internet browser only for the purpose of shopping for
personal items sold on the Site and not for any commercial use or use on behalf
of any third party, except as explicitly permitted by us in advance. Any breach
of this Agreement shall result in the immediate revocation of the license
granted in this paragraph without notice to you.
Except as
permitted in the paragraph above, you may not reproduce, distribute, display,
sell, lease, transmit, create derivative works from, translate, modify,
reverse-engineer, disassemble, decompile or otherwise exploit this Site or any
portion of it unless expressly permitted by us in writing. You may not make any
commercial use of any of the information provided on the Site or make any use of
the Site for the benefit of another business unless explicitly permitted by us
in advance. We reserve the right to refuse service, terminate accounts, and/or
cancel orders at its discretion, including, without limitation, if we believe
that customer conduct violates applicable law or is harmful to our interests.
You shall
not upload to, distribute, or otherwise publish through this Site any Content,
information, or other material that (a) violates or infringes the copyrights,
patents, trademarks, service marks, trade secrets, or other proprietary rights
of any person; (b) is libelous, threatening, defamatory, obscene, indecent,
pornographic, or could give rise to any civil or criminal liability under U.S.
or international law; or (c) includes any bugs, viruses, worms, trap doors,
Trojan horses or other harmful code or properties.
We may
assign you a password and account identification to enable you to access and use
certain portions of this Site. Each time you use a password or identification,
you will be deemed to be authorized to access and use the Site in a manner
consistent with the terms and conditions of this Agreement, and we have no
obligation to investigate the authorization or source of any such access or use
of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS
SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU
WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY
YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL
OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED
THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the
security and confidentiality of the password and identification assigned to you.
You shall immediately notify us of any unauthorized use of your password or
identification or any other breach or threatened breach of this Site's security.
INTELLECTUAL PROPERTY
All text,
graphics, button icons, images, audio clips, and software (collectively,
“Content”), belongs exclusively to Ninestarsproducts.com, or its affiliates,
vendors and partners. The collection, arrangement, and assembly of all
Content on this Site (the “Compilation”) belongs
exclusively to Ninestarsproducts.com, or its affiliates. All software used on
this Site (the “Software”) is the property of Ninestarsproducts.com, its
affiliates or its Software suppliers. The Content, the Compilation and the
Software are all protected by U.S. and international copyright laws.
NINESTARS and other logos, design logos, taglines,
slogans, trade names or words are registered trademarks, trademarks or service
marks of Ninestarsproducts.com, its affiliates, suppliers, or third parties. The
use of any of our trademarks or service marks without our express written
consent is strictly prohibited. You may not use our trademarks or service marks
in connection with any product or service in any way that is likely to cause
confusion. You may not use our trademarks or service marks in any manner that
disparages or discredits us. You may not use any of our trademarks or service
marks in meta tags without prior explicit consent.
PRIVACY
POLICY
Ninestarsproducts.com recognizes the importance of protecting personal
information and we are committed to safeguarding online privacy. We respect and
understand our customers and their concerns about privacy. We have instituted
policies intended to ensure that their personal information is handled in a safe
and responsible manner.
When using
the Ninestarsproducts.com website, you agree to the terms of our Privacy
Statement, as outlined below. If you do not agree to these terms, please do not
access or use this site.
Collection
of Personal Information
When
ordering products, Ninestarsproducts.com may ask you to provide certain
information about yourself.
If you
order a product the information is used to process your order.
Ninestarsproducts.com may also use information that you provide as part of our
effort to keep you informed about shipping and processing your order as well as
special offers and discounts.
When you
submit personal information to Ninestarsproducts.com, you understand and agree
that Nine Stars stores, and processes your customer profile. Nine Stars
recognizes and appreciates the importance of responsible use of this
information. We do not sell your personal information to third parties. The
personal information you submit will remain confidential to
Ninestarsproducts.com.
RISK OF
LOSS; OTHER TERMS OF SALE
The risk of
loss and title for items purchased by you pass to you upon our delivery of the
items to the carrier pursuant to our standard terms of sale.
TERMINATION AND EFFECT OF TERMINATION
In addition
to any other legal or equitable remedies, we may, without prior notice to you,
immediately terminate the Agreement or revoke any or all of your rights granted
under this Agreement. Upon any termination of this Agreement, you shall
immediately cease all access to and use of the Site and we shall, in addition to
any other legal or equitable remedies, immediately revoke all password(s) and
account identification issued to you and deny your access to and use of this
Site in whole or in part. Any termination of this Agreement shall not affect the
respective rights and obligations (including without limitation, payment
obligations) of the parties arising before the date of termination.
INTERNATIONAL ACCESS
This Site
may be accessed from countries other than the United States. This Site may
contain products or references to products that are not available outside of
the United States. Any such references do not imply that such products will be
made available outside the United States. If you access and use this Site
outside the United States you are responsible for complying with your local laws
and regulations.
DISCLAIMER
AND LIMITATION OF LIABILITY
EXCEPT AS
OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH
PRODUCT ON THIS SITE, A COPY OF WHICH YOU MAY ACCESS HERE, THIS SITE, THE
PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE
PROVIDED BY US ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE
INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS
PROVIDED HERE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA
ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR
TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED
OR ERROR FREE.
TO THE
MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY
KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT,
INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY
DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE
AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH
IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
TYPOGRAPHICAL ERRORS
In the
event a product is listed at an incorrect price or with incorrect information
due to typographical error or error in pricing or product information received
from our suppliers, we shall have the right to refuse or cancel any orders
placed for product listed at the incorrect price. We shall have the right to
refuse or cancel any such orders whether or not the order has been confirmed and
your credit card charged. If your credit card has already been charged for the
purchase and your order is canceled, we shall immediately issue a credit to your
credit card account in the amount of the charge.
LINKS
This site
may contain links to other sites on the Internet that are owned and operated by
third parties. You acknowledge that we are not responsible for the operation of
or content located on or through any such site.
COPYRIGHT COMPLAINTS
We respect
the intellectual property of others. If you believe that your work has been
copied in a way that constitutes copyright infringement, please follow
our Notice and Procedure for Making Claims of Copyright Infringement.
REMEDIES
You agree
that our remedy at law for any actual or threatened breach of this Agreement
would be inadequate and that we shall be entitled to specific performance or
injunctive relief, or both, in addition to any damages that we may be legally
entitled to recover, together with reasonable expenses of any form of dispute
resolution, including, without limitation, attorneys' fees.
No right or
remedy of ours shall be exclusive of any other, whether at law or in equity,
including without limitation damages injunctive relief, attorneys' fees and
expenses.
No instance
of waiver by us of our rights or remedies under these terms and conditions shall
imply any obligation to grant any similar, future or other waiver.
APPLICABLE LAW
This site
is created and controlled by us in the State of Georgia, USA. As such, the laws
of the State of Georgia will govern these disclaimers, terms, and conditions,
without giving effect to any principles of conflicts of laws.
DISPUTES
Any dispute
relating in any way to your visit to the Site or to the products you purchase
through the Site shall be submitted to confidential arbitration in
Fayetteville, Georgia, except that to the extent you have in any manner violated
or threatened to violate our intellectual property rights, we may seek
injunctive or other appropriate relief in any state or federal court in the
State of Georgia. You hereby consent to, and waive all defenses of ‘lack of
personal jurisdiction’ and ‘forum non conveniens’
with respect to venue and jurisdiction in the state and federal courts
of Georgia. Arbitration under these Terms of Use shall be conducted pursuant to
the Commercial Arbitration Rules then prevailing at the American Arbitration
Association. The arbitrator's award shall be final and binding and may be
entered as a judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under this Agreement shall be
joined to an arbitration involving any other party subject to this Agreement,
whether through class action proceedings or otherwise. You agree that regardless
of any statute or law to the contrary, any claim or cause of action arising out
of, related to or connected with the use of the Site or this Agreement must be
filed within 6 months after such claim or cause of action arose or be forever
banned.
SEVERABILITY
If any
these provisions shall be deemed invalid, void, or for any reason unenforceable,
that condition shall be deemed severable and shall not affect the validity and
enforceability of any remaining provision.
CONTACTING
US
If you have
any questions about this privacy statement, the practices of this site, or your
dealings with the Ninestarsproducts.com website, feel free to contact us by
using the contact form, provided for your convenience. We respect the privacy of
our customers. All information about our customers is confidential and for our
use only. We are not in the business of selling it to third parties.
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