TERMS OF SALE
Please read these Terms of Sale carefully before accessing or using our site (“Uvolox”, “we”, “our”).
By accessing or using any part of Uvolox, you agree to be bound by these Terms of Sale. If you as a buyer do not agree to all the terms and conditions of this agreement, then you may not be able to access the website or use any of the services. If these Terms of Sale are considered an offer, acceptance is expressly limited to these Terms of Sale.
ARTICLE 1: BASIS OF THE SALE
- These terms shall be considered binding agreement between the Uvolox and the Buyer.
- All orders for products shall be considered to be an offer by the Buyer to purchase the Products subject to these Conditions.
- Acceptance of delivery of the items shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
- No changes to these terms shall be binding unless agreed in writing by the Buyer and the Uvolox.
- Any recommendation given by the Uvolox or its employees or agents as to the application, storage, or use of the products which is not confirmed in writing by the Uvolox is followed or acted upon entirely at the Buyer’s own risk, and accordingly the Uvolox shall not be liable for any such recommendation which is not so confirmed.
- Any typographical, clerical or other error or omission in any sales literature, price list, quotation, acceptance of offer, invoice or other document or information issued by the Uvolox shall be subject to correction without any liability of the part of the Uvolox.
ARTICLE 2: ORDER
- The user must obey the following instructions to place the Order:
- Uvolox may ask users to open a customer account for seeking specific services including shopping. The account will enable the user to have access to the services with a login and a password. The password will be given to the user by e-mail at the end of the creation of his customer account. The Buyer is liable for the use of his login and password;
- Fill in the order form. In case of any extended inactivity during the connection, the Products and Services selected by the Buyer before this inactivity may not be assured anymore. The Buyer may then restart his selection from the beginning.
- Check the details of the Order, identify and correct the mistakes, if any;
- Confirm the Order, the Total Price and the taxes All Inclusive;
- Follow the instructions of the secure payment service to pay the Price All Inclusive.
- The Buyer then immediately receives via e-mail the confirmation for acceptance of the payment of the Order. The Buyer also immediately receives via e-mail the acknowledgement of receipt which is as good as the Order Confirmation.
- The Buyer receives the confirmation for the Order shipment through e-mail.
- The Buyer can also place an order by other means specified on site such as via phone call.
- The Delivery will be made at the address given by the Buyer when placing the order.
- During the carrying out of the various steps mentioned above, the Buyer agrees that he will respect the contractual conditions specified in this agreement.
- The availability of the goods and Services mentioned on the Website is only informative and the images are shown on an illustrative basis.
- Uvolox reserves the right to cancel the Order if it is dishonest, unusual, or for any other legitimate reason and in particular if there is a dispute with the Buyer concerning the payment of any previous order.
- Any change of the Order shall be subject to a written contract between the parties. Any change shall automatically lead to a delay of the date of delivery initially organized.
ARTICLE 3. CANCELLATION
- No order may be refused by the Buyer except with the contract in writing of the Uvolox and on conditions that the Buyer shall indemnify the Uvolox in full against all costs (including the cost of labour and materials used ),loss (including loss of profit), damages, expenses and charges incurred by the Uvolox as a result of cancellation.
- The Uvolox may refuse any order at any time before the Products are delivered by giving written notice. On giving such notice the Uvolox shall repay to the Buyer any sums paid in respect of them. The Uvolox shall not be liable for any damage or loss whatever arising from such cancellation.
ARTICLE 4. TERMS OF PAYMENT
- The payment by the Buyer of the Price All Inclusive will be made by one of the following means of payment specified on site.
- The order will only be taken into account from the date when the payment is registered on the Uvolox.
- The total amount is to be paid before the delivery of item.
- The transaction is immediately debited from the Card, if customer chooses Card for payment, of the customer after checking its data and once the debit authorization from the company issuing the banker’s card used by the customer is received. The customer confirms he owns the card to be debited and that the name written on the card is his. The customer gives the 16 numbers and the expiry date as well as the visual cryptogram numbers, if requested.
- If the Buyer fails to make any payment, without prejudice to any other right or remedy available to the Uvolox, the Uvolox shall be entitled to refuse any Contract or suspend any further deliveries to the Buyer.
- The Uvolox may appropriate any payment made by the Buyer to such agreement as the Uvolox may think fit (notwithstanding any purported appropriation by the Buyer).
ARTICLE 5. DELIVERY
- Delivery of the items shall be made by the Uvolox to the place or places specified by the Buyer or as subsequently agreed. Delivery shall be complete when the items arrive at such place(s). The Uvolox and the Buyer shall agree the date and time for delivery of the Products (“the Delivery Date”).
- Any dates for delivery declared by the Uvolox prior to the date of the Contract or appearing in the order from the Buyer shall not be binding on the Uvolox unless otherwise agreed in writing.
- Time for the delivery of products shall not be of the essence unless agreed by the Uvolox previously.
- Where the customer refuses or is unable to take delivery of the Products on the Delivery Date then Uvolox shall charge to the Buyer the reasonable cost of storage of the items and the Uvolox shall be entitled to invoice for the items and the storage costs from the Delivery Date.
- Uvolox will deny any responsibility for the storage of the Products or any responsibility for any damage to the Products whilst in storage.
- Where the Uvolox has agreed to deliver the items by separate installments in accordance with an agreed delivery schedule, each separate installment shall be invoiced and paid for in accordance with the provisions in these terms and each installment shall be a separate agreement which cannot be cancelled due to a breach of another contract.
- Notwithstanding that the Uvolox may have delayed or failed to deliver the Products (or any of them) promptly the Buyer shall be bound to accept delivery and to pay for the Products in full.
- If the Uvolox fails to deliver the Products for any sort of reason other than any cause beyond the Uvolox’s reasonable control or the customer’s fault (in which events, the Uvolox shall have no liability for such failure) and the Uvolox is accordingly liable to the customer, the Uvolox’s liability shall be limited to the excess (if any) of the cost to the customer (in the cheapest available market) of similar products to replace those not delivered over the price of the Products.
ARTICLE 6. ACCEPTANCE
- The Buyer shall be considered to have accepted the Products after delivery of the Buyer.
- After acceptance the Buyer shall not be able to reject the Products.
- If the Buyer properly rejects any of the Products which is not in accordance with the order the Buyer shall nonetheless pay the full Price for such Products unless the Buyer promptly gives notice of rejection to the Uvolox and at the Buyer’s cost returns such goods to the Uvolox before the date when payment of the Price is due.
ARTICLE 8. RISKS
- Risk of damage to or loss of the Products shall pass to the customer at the time of delivery or, if the customer wrongfully fails to take delivery of the Products, the time when the Uvolox has tendered delivery of the Products.
- In spite of delivery having been made in the Products, full legal and beneficial ownership shall not pass from the Uvolox until the Uvolox has received payment in full for:
- all products delivered to the Buyer under this agreement; and
- Payment of the Price and the price of the goods shall include the amount of any interest or other sum payable under the conditions of the agreement and all other contracts between the Uvolox and the Buyer under which the goods or products were delivered.
- Until Products passes to the customer in accordance with this contract the customer shall hold the Products and each of them on a fiduciary basis. The Buyer shall not remove or obscure any identifying packaging on or relating to the Products, store the Products (at no cost to the Uvolox) separately from all other products in its possession and marked in such a way that they are clearly identified as the Uvolox’s property and maintained in a satisfactory condition.
- Buyer may not sell, resell, modify or use the goods in the ordinary course of the Buyer’s business.
ARTICLE 9. WARRANTIES AND LIABILITY
- The Uvolox warrants that the Products will relate with their description as set out in the agreement.
- The Uvolox warrants that the goods will be subject to the following terms: –
- The Uvolox shall be under no liability in respect of any defect arising from damage to, negligence of the customer continued use, change of constitutional consistency, abnormal storage circumstances including but not limited to the lack of seals (if required), failure to follow the Uvolox’s instructions (whether oral or in writing) or misuse of the goods;
- The Uvolox shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the goods has not been paid by the due date for payment; and
- The above warranty does not extend to any part of the Products not manufactured by the Uvolox, in respect of which the customer shall only be entitled to the profit of any such warranty or guarantee as is given by the manufacturer to the Uvolox.
- Subject as expressly provided in these terms, and accept where the items are sold to an individual dealing as a customer all warranties, terms or other conditions implied by statute including the Sale of Goods Act or common law are excluded to the fullest extent permitted by law.
- Where any valid claim regarding any of the Products which is based on any defect in the quality or condition of the products is notified to the Uvolox in accordance with these Conditions and the Uvolox is given opportunity to inspect the goods or they are returned to the Uvolox, the Uvolox may replace the goods without any cost or, at the Uvoloxs sole discretion, refund to the Buyer the price of the Products (or a proportionate part of the price), but the Uvolox shall have not further liability to the customer.
- Uvolox shall not be liable to the buyer by reason of any representation, or any implied warranty condition or other term or any statutory duty, or any duty at common law, or under the express conditions of the agreement for any consequential loss or damage (whether for loss of profit or otherwise), costs, or other claims for consequential or indirect loss or compensation whatsoever (and whether caused by the negligence of the Uvolox, its employees or agents, or otherwise) which arise out of or in connection with the supply of the goods or their use or resale by the customer and the Uvolox’s total liability to the customer in respect of all other losses arising under or in connection with the agreement, whether in talk or in contract (including negligence) breach of statutory duty or otherwise shall in no circumstances exceed the Price of the Products.
ARTICLE 12. GENERAL
- No waiver by the Uvolox of any breach of an agreement by the customer shall be considered as a waiver of any subsequent breach of the agreement or any subsequent Contract.
- In order to ensure the continuing quality of the Uvolox’s goods, the Buyer will permit a representative of the Uvolox to inspect and sample any of the goods remaining in the Buyer’s possession and control.
- If any provision of these terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and the remainder of the provision in question shall not be affected thereby.
- The Uvolox but not the customer may subcontract or assist its rights and obligations under the agreement.
- Any notice under or in connection with an agreement shall be in writing and shall be served by first class post or by hand on the party or sent by recorded delivery or via e-mail at or to the address of the party set out in the agreement or at or to such other address as may be subsequently notified by one party to the other. In the absence of evidence of earlier receipt any notice shall be considered to be duly served; if delivered personally when left at the address; if sent by recorded delivery 3 days after posting; if sent by e-mail, when received.
- The agreement shall be governed by the laws of New York, USA and the parties submit to the exclusive jurisdiction of the courts of New York.