Terms of sale
2017-11-29 01:31:00 UTC
Please read the following terms and conditions of sale carefully before purchasing this Product. By purchasing our Products you acknowledge that you have read these terms of sale and agree to be bound by them. You also acknowledge that you are ordering and paying for a Product that is expected to ship within the next 7 months (but no guarantee as to when). ALL SALES ARE FINAL AND PRODUCT ORDER IS NON-REFUNDABLE AND NON CANCELABLE.
SECTION 1 - SCOPE OF TERMS
These terms of sale (“Terms”) apply to all sales and purchases of the Enso Co. Enso and associated accessories (the “Product”) offered or sold by Enso Co. (“Enso Co.”). These terms may be amended at any time prior to delivery of the finished Product by posting such changes or amendments on this website (“Site”). “You” or “your” shall be construed as the original purchaser of the Product through the site, “us”, “we” or “our” shall be construed to mean Enso Co., and/or its affiliates or assigns.
SECTION 2 - PRODUCT USE AND SPECIFICATIONS
The Product is to be used in accordance with its accompanying instruction materials. We shall bear no responsibility for any injuries arising from any misuse of the Product. You are prohibited from removing our trademarks and identifying marks or obscuring or replacing them.
SECTION 3 - FINAL SALE AND LIMITED WARRANTY
Upon your placement of an order of the Product, your credit or debit card will be charged. The anticipated ship date of the Product is within 7 months days from the date the order is placed. All purchases are final and non-refundable. YOU MAY NOT CANCEL YOUR ORDER ONCE ORDERED. Enso Co. offers a limited warranty to the original purchaser for the 30 day period commencing from the date of your receipt of Product.
This warranty applies solely to those Products utilized exclusively for personal use. This Warranty does cover or extend to damage attributable to freight or shipping. This warrant does not cover or extend to damage attributable to improper or abnormal usage, unauthorized repairs, Products used for commercial or rental purposes or display models. This warranty does not cover problems caused by your acts (or failure to act), the acts of others, or events beyond Enso Co.’s reasonable control. Enso Co. does not warrant that the use of the Product will be uninterrupted or error free. This limited warranty does not apply to expendable components or accessories. Certain jurisdictions may require different warranty terms, and in such instances, the foregoing warranty will be extended to comply with applicable laws.
SECTION 4 - REMEDY FOR BREACH OF WARRANTY
Enso Co. will repair or replace an eligible Product that is returned to Enso Co. within the 30 day warranty term as described in the warranty procedures section below. If Enso Co. cannot repair or replace it, Enso Co. will refund the amount shown on your receipt for the Product, but you must return the Product and any associated materials to Enso Co. with proof of purchase to obtain a refund. These are your only remedies under the limited warranty described herein.
SECTION 5 - NO OTHER WARRANTIES
The limited warranty is your only warranty from Enso Co.. To the extent permitted by law, Enso Co. and its suppliers give no other express warranties, implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement or other guarantees. If applicable law gives you implied warranties or guarantees despite this exclusion, your sole remedies are described in section 4 above, and to the extent permitted by applicable laws, are limited in duration to thirty days as described in this agreement.
SECTION 6 - PROCEDURES FOR WARRANTY CLAIM
To submit a warranty claim send an email to firstname.lastname@example.org. You may be required to provide proof of purchase to validate your claim. You are responsible for properly packing and labeling any warranty Product returns and to pay shipping/handling costs for shipment to Enso Co. Enso Co. reserves the right to change its warranty terms and procedures at any time.
SECTION 7 - LIMITATION OF LIABILITY
Enso Co.’s total aggregate liability based upon any legal claim shall be limited to the cost of the Product and shall only extend to the original purchaser’s personal use and as further described in Section 4. By consenting to these Terms, you expressly agree that Enso Co. will not be liable for any consequential, incidental, indirect or special damages to the extent permitted by law.
SECTION 8 - APPLICABLE LAW
These Terms shall be governed exclusively by the laws of the State of California without regard to its conflict of law rules. The parties specifically waive application of the U.N. Convention of Contracts for the international sale of goods.
SECTION 9 - DISPUTE RESOLUTION
You agree that all disputes, if any, shall be initially subject to mediation to occur in San Francisco, California. In the event mediation is not successful, you consent to the exclusive jurisdiction of the state and federal courts located in and for San Francisco, California.
SECTION 10 - SOFTWARE
Where the Product supplied includes software (the “Software“), the Software is licensed by us or by the relevant licensor/owner subject to the relevant end-user license agreement or other license terms included with the Product or referenced accordingly. Software is provided “as is” without any warranties of fitness for purpose or non-infringement. You are advised to refer to the license terms, if any, for further information regarding the license and use of the Software.
SECTION 11 - DELIVERY
In the event there is a shortage of Product, failure to deliver, or any damage to the Product in transit, our liability shall be limited to the Product’s replacement value in accordance with section 7 of these Terms.
SECTION 12 - TAXES AND DUTIES
If any government or other authority is required for the acquisition of the Product, you shall obtain such license or consent at your own expense, pay lawful taxes, VAT, or tariff, if any, accordingly, and produce reasonable documentation verifying compliance of same to us on request. You shall meet any additional expenses or charges incurred by us resulting from such failure.
SECTION 13 - ENTIRETY
These terms supersede any and all prior negotiations or agreements, oral or written, between you and us, if any, and represent the entire terms of sale and agreement between the parties regarding the subject matter hereof. Any modification or amendment of this agreement must be in writing and signed by authorized representatives of each party.
SECTION 14 - SEVERABILITY
If any court of competent jurisdiction holds that any provision or portion thereof of these Terms is illegal, invalid, or enforceable, the remaining provisions of the Terms will not be affected or impaired and shall remain in full force and effect.