Terms of Sales
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT
INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS
AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE
RESOLUTION CLAUSE.
This Agreement contains the terms and
conditions that apply to purchases by Home, Home Office, and Small
Business customers from the AllAnimeDVD entity on orders for video
game accessories/games and/or related products sold. You agree to
be bound by and accept this agreement as applicable to your purchase
of product(s) or service(s) from AllAnimeDVD. By using AllAnimeDVD's
Site and submitting orders to AllAnimeDVD's systems, Customer
agrees to be bound by and accepts these terms and conditions.
THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE
CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH AllAnimeDVD,
IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS
OTHER AllAnimeDVD STANDARD TERMS APPLY TO THE TRANSACTION.
These terms and conditions are subject to change
without prior written notice at any time, in AllAnimeDVD's
sole discretion.
Other Documents. Other than as specifically provided in any separate
formal purchase agreement between Customer and AllAnimeDVD,
these terms and conditions may NOT be altered, supplemented, or
amended by the use of any other document(s). Any attempt to alter,
supplement or amend this document or to enter an order for product(s)
which is subject to additional or altered terms and conditions will
be null and void, unless otherwise agreed to in a written agreement
signed by both Customer and AllAnimeDVD.
Payment Terms; Orders; Quotes; Terms of payment are within AllAnimeDVD's
sole discretion, and unless otherwise agreed to by AllAnimeDVD,
payment must be received by AllAnimeDVD prior to AllAnimeDVD's acceptance
of an order. Payment for the products will be made by credit card,
wire transfer, or some other prearranged payment method unless credit
terms have been agreed to by AllAnimeDVD. Invoices are due and payable
within the time period noted on the invoice, measured from the date
of the invoice. AllAnimeDVD may invoice parts of an order separately.
Orders are accepted and processed as instructed by the Customer.
It is the Customer responsibility to review and confirm the products
being purchased. All products details are shown on their respective
product description. Orders are not binding upon AllAnimeDVD until
accepted by AllAnimeDVD. Any quotations given by AllAnimeDVD will
be valid for the period stated on the quotation.
Shipping Charges; Taxes. The prices of the item(s) ordered are displayed
at AllAnimeDVD's Site and in Customers shopping cart, and are quoted
in US Dollars ("USD"). We do not charge taxes on any item(s).
All taxes and custom duties which may incurred in the process of
shipment at the destination country shall be bear by the Customer.
The delivery charges payable shall be calculated in Customers shopping
cart. AllAnimeDVD uses third parties for the delivery of the items.
Items will be delivered to address provided by the Customer. We
take no responsibilities for any inaccurate shipping details provided
by the Customer. The delivery time frames specified in Customers
shopping cart are indicative only and shall not be an obligation
on us or the carrier. If the Customer fails to take delivery of
the items or fails to enable AllAnimeDVD or the carrier to make
delivery (whether by refusal or failure to provide any or proper
instructions, authorization, information, payment etc), delivery
shall be deemed to have take place upon the carrier or AllAnimeDVD
giving notice to the Customer of such delivery whereupon risk in
the items shall pass immediately to the Customer. The Customer
shall reimburse AllAnimeDVD all costs and expenses (including but
not limited to transport, storage and insurance charges) incurred
by us as a result of your failure or refusal to take physical delivery.
Title; Risk of Loss. Title to products passes from AllAnimeDVD to
Customer on shipment from AllAnimeDVD's facility. Loss or damage
that occurs during shipping by a carrier selected is the carrier
responsibility. There are possibilities that the shipment will be
lost or stolen during the delivery, and AllAnimeDVD will not be
liable when these happen. AllAnimeDVD will not be liable to any
losses or delays on delivery caused by natural environmental disaters
such as floods, storms, earthquakes, or any similar situations.
Whenever these unfortunate disasters happen, Customer should claim
the loss compensation from the postal services or the respective
goverment. When there are delays or losses, we will inform the involved
shipping carriers for a trace investigation. AllAnimeDVD will not
be able to provide a trace outcome until an official confirmation
is provided by the shipping carriers after the investigation is
completed. The trace investigation will take time, and it could
take up to 3 months depending on the shipping carriers involved.
Return Policies; Exchanges; Refunds. AllAnimeDVD understands
that in various cases after purchasing an item, not all Customers
may be completely happy with their goods. AllAnimeDVD regrets
to inform the Customers that AllAnimeDVD does not allow any
return or exchange once the item(s) have been deemed to be delivered
to you due to the nature of the item(s) sold on the website unless
defects due to manufacturing is reported within 10 days after receipt
of the item(s) by the Customer. If AllAnimeDVD makes an error
and ships the wrong product, AllAnimeDVD will replace it with
the correct item if the product is in its original packaging. Which
means that the product must be unopened. If the product is opened
AllAnimeDVD may buy back the product if it is in mint condition.
If the correct item is temporarily out of stock, AllAnimeDVD
will fill the order when the item returns to stock. If AllAnimeDVD
cannot fill the order at any time, a store credit or refund will
be authorized at the Customers request. The Customer is responsible
for shipping costs of all returns. Software returns are unaccepted.
Defective software may be returned for exchange with the same product
only. The products must be returned in the original packaging with
all accessories and manuals included. Any discrepancies could result
in a delay or partial forfeiture. There will be a re-boxing fee
in AllAnimeDVD's sole discretion for products not returned
in the original manufacturer's packaging. If part of a product becomes
defective, the full product must be returned. Due to limited stock,
replacement product may not be available and cannot be guaranteed.
All returns must be sent via a courier that issues a postal tracking
number.
Products. AllAnimeDVD's policy is one of ongoing product update
and revision. AllAnimeDVD may revise and discontinue products at
any time. AllAnimeDVD will ship products that have the functionality
and performance of the products ordered, but changes between what
is shipped and what is described in a specification sheet or catalog
are possible. The parts and assemblies used in building AllAnimeDVD
products are selected from new and equivalent-to-new parts and assemblies
in accordance with industry practices. Spare parts may be new or
reconditioned. Using the technology available to AllAnimeDVD, AllAnimeDVD
has tried it's best to ensure that the thumbnail images of the item(s)
materially resemble the item(s) delivered to the Customer. Due to
differences in monitors and variance in resolution setting, the
color seen on screen may not be the exact color of the item(s).
However, due to limitations beyond AllAnimeDVD's control, AllAnimeDVD
is not responsible for any differences or non-conformity of the
item(s) delivered to the Customer as compared to the images of the
item(s) as shown on the Site.
Limitation of Liability. AllAnimeDVD DOES NOT ACCEPT LIABILITY
BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR
PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA
OR SOFTWARE. AllAnimeDVD WILL NOT BE LIABLE FOR LOST PROFITS,
LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE
DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF
PRODUCTS OR SERVICES, AllAnimeDVD IS NOT LIABLE OR RESPONSIBLE
FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID
BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.
Service and Support. For end-user Customers, AllAnimeDVD
promises that its support people will attempt to handle over email
and other given support methods any problem involving AllAnimeDVD
products. However, AllAnimeDVD's support people may not be
able to understand or resolve any given problem. Service offerings
may vary from product to product.
Headings. The section headings used herein are for convenience of
reference only and do not form a part of these terms and conditions,
and no construction or inference shall be derived therefrom.
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