PURCHASER REGISTRATION AND PASSWORDS
- Customers. If you are Customer, You are not required to register for an account and may purchase Products at the Online Store as a guest. You may, however, elect to set up an account so the Company can keep your billing, shipping, and credit card information on file for future purchases. If you register as a Customer, you will receive an email verification.
- Wholesalers. If you are a Wholesaler, in order to purchase Products through the Online Store, the Company must first verify You, and You will not be able to view any wholesale pricing until Your account has been verified. Upon Your registration (as set forth at subsection (c) below), the Company will receive an automated verification request and you will receive an email verification. Once the Company has verified Your information, which process may include requesting additional information, You will receive a verification e-mail similar to the first email you receive.
- Passwords. If You are required, or elect, to open an account to use the Online Store, You must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of Your password. You may not use another Purchaser’s account, username, or password at any time. You agree to notify the Company immediately of any unauthorized use of Your account, username, or password. The Company shall not be liable for any loss that You incur as a result of someone else using Your username and password, either with or without Your knowledge. You acknowledge and agree that You will be responsible for each and every access or use of the Online Store that occurs in conjunction with Your username and password, and that the Company is authorized to accept Your username and password as conclusive evidence that You have accessed or utilized the Online Store. You acknowledge that such password(s) are unique to You and that, although the Company does have the ability to require password(s) to meet certain requirements (such as a minimum or maximum number of characters) and to reset such password(s), the Company does not have the ability to access the password(s) themselves. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, attorneys and representatives due to someone else’s use of Your account, username or password.
- Delivery. The company shall ship a particular Order within a commercially reasonable period following Confirmation thereof, provided that the company’s supply of Products permits. Delivery shall be made within by USPS, UPS or FedEx (a “Carrier”). We ship only to the United States, Canada and Mexico (the “Territory”). Shipments outside of the Territory may be made on a case by case basis; please send inquiries regarding shipments outside of the Territory to firstname.lastname@example.org. We offer standard and expedited delivery options; all shipping costs to be borne by You.
- Incomplete Orders. If all of the Products You order are not in stock, we will send You an e-mail advising that that we will deliver only a portion of the Order, unless You send an e-mail to email@example.com and advise us to hold the Order until complete. An incomplete Order shall not be deemed a Defective Order within the meaning of Section 9(a).
- Undeliverable Orders. If a Carrier is unable to deliver an Order and such Order is eventually returned to the Company in accordance with that Carrier’s policy, we will refund the Purchase Price within a commercially reasonable time after receipt of the returned Products.
- Unfulfilled Orders. If we are not able to fulfill an Order within thirty (30) business days of receipt thereof, the Order will be deemed cancelled and the Purchase Price will be immediately refunded or the Invoice cancelled.
- Supply Shortages; Force Majeure. The Company reserves the right to reduce, limit or cancel an Order if, in its sole discretion, the Company deems such a reduction, limitation or cancellation is necessary due to a shortage of supply of Products, which has been caused by delay in production or delivery, or any event of Force Majeure (as defined below). In such event, the Company shall cancel or refund the Purchase Price as appropriate. The Company shall not be liable to Purchaser or any third party if Company fails to fulfill an Order by a specific date if such failure is caused by supply shortage or an event of Force Majeure. “Force Majeure” includes, without limitation, an event caused by or resulting from an act of God; labor strike, lockout or other industrial disturbance; war (declared or undeclared); riot; epidemic; fire, flood, earthquake or other natural disaster or catastrophe; act of any government; and any other similar cause which is not within a party’s control.
RESERVATION OF TITLE
The Products shall remain property of the Company until they have been paid for in full.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. FURTHER, THE COMPANY DOES NOT WARRANT THAT THE OPERATION OF THE ONLINE STORE WILL BE UNINTERRUPTED OR ERROR-FREE.
All trademarks and logos are owned by the Company and You may not copy or use them in any manner. Nothing contained on the Site or the Online Store should be understood as granting You a license to use any of the trademarks, service marks, or logos owned by the Company.
NO PARTNERSHIP; NO AGENCY
The Company will offer products for sale (“Products”) through the Online Store located on the Company website, http://www.aiya-america.com/ (the “Site”). Product prices will vary depending on whether You are an individual purchaser (a “Customer”) or a licensed wholesaler (a “Wholesaler”) (see Section 5 below). The description and prices of the Products as listed on the Online Store shall not constitute a legally binding offer, but rather an invitation to place an order pursuant to Section 6 below.
You can place an “Order” by selecting items from the Online Store, placing them in your shopping cart and “checking out.” Your Order is finalized when you click the “Submit Order” button. Again, Wholesalers must be verified and logged in before they are permitted to place an Order through the Online Store. A binding agreement to purchase the Products requested in a particular Order is formed when the Company sends You an e-mail confirmation of the Order (the “Confirmation”). The Confirmation will set forth the Products ordered, the unit price of each Product (the “Unit Price”), the quantity of each Product ordered, and the total Order cost (the “Purchase Price.”) If the Confirmation contains any inaccurate or incorrect information, please bring it to the Company’s attention by contacting the Company at firstname.lastname@example.org. The Company will then issue a corrected Confirmation and refund, if applicable, any Purchase Price overpayment.
PRICING AND SHIPPING COSTS; PAYMENT
- Unit Prices. The Unit Price quoted on Online Store does not include sales tax or shipping charges.
- Customer Payment. The Company will request that You pay for any Orders up front and in full via credit card. The Company will ship Your Order upon receipt of payment in full of the Purchase Price.
- Wholesaler Payment.
- Upfront Payment Option. The Company may request that You pay for some or all Orders up front and in full via, credit card. The Company will ship Your Order upon receipt of payment in full of the Purchase Price.
- Invoicing Option. Alternately, at the time of shipping, and upon completion of a credit check to Company’s satisfaction, the Company may issue an invoice to the Wholesaler (“Invoice”), which is due and payable in full within thirty (30) calendar days of issuance.
- Delinquent Invoices. An Invoice shall be “Delinquent” if is not paid within thirty (30) days after the date upon which payment is due pursuant thereto. The Company shall have no obligation to fulfill any Orders if a Wholesaler is Delinquent in the payment of any Invoices.
RETURN AND CANCELLATION POLICY
- Defective Conditions. Product is “Defective” if it is unfit for consumption by reason of age or due to damage from water, freezing, heat, mishandling or other cause compromising its safety, integrity or merchantability. Packaging is “Defective” if it renders the Products unfit for sale due to damage from tears, punctures, leaks or improper labeling. An Order is “Defective” if it doesn’t substantially conform to the Confirmation. A Defective Product, Order or Packaging shall be referred to as a “Defective Condition.”
- Return for Defective Condition. Purchaser may return Products for any reason by contacting the Company in advance of return with a stated reason for the return. Purchaser has thirty (30) calendar days from the date the Products are delivered to entrust them to a Carrier for return to the Company at the following address: AIYA America, 386 Beech Ave. Unit B-3, Torrance, CA 90501 U.S.A. The Purchaser shall bear the initial costs of return shipping. If the Purchaser returns Products based on an alleged Defective Condition, upon confirmation by the Company of the Defective Condition, which determination shall be made in the Company’s sole discretion, the Company shall refund, credit or pay to the Purchaser an amount equal to the cost associated with shipping the returned Products from the Purchaser to the Company via UPS ground or functional equivalent thereof (“Return Shipping Costs”).
- Return for any Reason other than Defective Condition. Purchaser shall bear the cost of return shipping if the Products are returned for any reason other than a Defective Condition.
- Refunds and Replacement. You should indicate in writing before or upon return whether You want the Company to ship you replacement Product or refund Your Purchase Price. The Company will ship replacement Product pursuant to the terms of Section 8. Alternatively, the Company will issue a full refund or credit of the Purchase Price, along with the Return Shipping Costs, if applicable, pursuant to the terms of subsection (b) above, within (30) days after receipt of the return Products. Should receipt of the return Products come more than (60) calendar days after the initial purchase date of the Products, a direct refund will be unavailable and the Company will instead issue a credit to your account of equal value. In cases where a request for a refund or replacement is not made in writing to the Company prior to the Company’s receipt of the return Products, the Company will presume that You want a refund, as opposed to a replacement of the Products. If you forget to include a written request for return with your returned Products, please feel free to contact us directly via e-mail at email@example.com or fax at 310-212-1386.
- Products Damaged by Purchaser. If You damage or otherwise impair the Products before You return them to us pursuant to subsection (c) above, You will be responsible for the replacement cost of the Products, which amount the Company will either Invoice You, or if You have paid in full and up front, not refund. Aiya shall not issue a refund or a replacement if the tins or bags containing the Products have punctured, unsealed, unwrapped or otherwise opened.
- Cancellation. You may cancel an Order at any time prior to shipment via e-mail at firstname.lastname@example.org or fax at 310-212-1386. You will not be charged for an Order if you cancel prior to shipment. If you attempt to cancel an Order after it has been shipped, it will be treated in accordance with subsections (a) through (e) of this Section 9.
- Product Recalls. If, for any reason, either (i) Company or a governmental authority recalls any Product, or (ii) Company withdraws any Product from the market (collectively, a “Recalled Product”), the Company shall issue a refund for the full Purchase Price and, if applicable, any Return Shipping Costs associated with the Recalled Product according to the procedures set forth in this subsection. Purchaser may return Recalled Products by filling out the Return Form enclosed with the Order and indicating that reason for return is “Recall.” Purchaser has thirty (30) calendar days from the date the upon which the Purchaser receives notice, or has reason to know, that the Products (which You have already received or which are en route) may be Recalled Products, to entrust them to a Carrier for return to the Company at address set forth in subsection (b) above. The Purchaser shall bear the initial costs of return shipping. If the Purchaser returns Products for the reasons set forth in this subsection (g), upon confirmation by the Company that the returned Products are Recalled Products, which determination shall be made in the Company’s sole discretion, the Company shall refund, credit or pay to the Purchaser the Return Shipping Costs along with the Purchase Price refund.
The Company imposes certain restrictions on Your permissible use of the Site and the Online Store. You are prohibited from violating or attempting to violate any security features of the Online Store, including, without limitation, (a) accessing content or data not intended for You, or logging onto a server or account that You are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, the Online Store or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Online Store, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Online Store to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; or (e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Online Store. Any violation of system or network security may subject You to civil and/or criminal liability.
CALIFORNIA USE ONLY
The Site and the Online Store are controlled and operated by the Company from its offices in the State of California. Your use of or access to the Site or the Online Store should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.