Terms and Conditions for online sale of goods and services
1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (i) DO NOT AGREE TO THESE TERMS, (ii) ARE NOT THE OLDER OF (A) AT LEAST 18 YEARS OF AGE OR (B) LEGAL AGE TO FORM A BINDING CONTRACT WITH TEK BRUSHES AND COMBS, INC., OR (iii) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these "Terms") apply to the purchase and sale of products and services through b2b.tekitalyus.com (the "Site"). These Terms are subject to change by TEK Brushes and Combs, Inc., dba “TEK US” (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.
order for products or services through this Site (see Section 9).
2. Order Acceptance and Cancellation.
(a) You agree that your order is an offer to buy, under these Terms, all
products and services listed in your order. All orders must be accepted by us or we will
not be obligated to sell the products or services to you. We may choose not to accept
orders at our sole discretion, even after we send you a confirmation email with your order
number and details of the items you have ordered.
(b) To order Products, you must register to the Site and provide all the necessary information for the order.
3. Prices and Payment Terms.
(a) All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) Terms of payment are within our sole discretion and payment must be
received by us before our acceptance of an order. We accept APPROVED CREDIT
CARDS AND OTHER PAYMENT METHODS for all purchases. You represent and
warrant that (i) the credit card information you supply to us is true, correct and complete,
(ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred
by you will be honored by your credit card company, and (iv) you will pay charges
incurred by you at the posted prices, including shipping and handling charges and all
applicable taxes, if any, regardless of the amount quoted on the Site at the time of your
order. For payment methods other than credit cards, please allow two (2) business days to
process the order.
4. Shipments; Delivery; Title and Risk of Loss.
(a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in the order confirmation.
(b) Title and risk of loss pass to you upon our transfer of the products to the
carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are
not liable for any delays in shipments.
5. Returns and Refunds. Except for any products designated on the Site as nonreturnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 8 (eight) days of delivery with valid proof of purchase and provided such products are returned in their original condition. To return products, you must email our Returns Department at e-mail: email@example.com to obtain a Return Merchandise Authorization ("RMA") number before shipping your product. No returns of any type will be accepted without an RMA number.
You are responsible for all shipping and handling charges on returned items unless
otherwise specified. You bear the risk of loss during shipment. Refunds are processed within
approximately three business days of our receipt of your merchandise. Your refund will be
credited back to the same payment method used to make the original purchase on the Site. WE
OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NONRETURNABLE.
6. Manufacturer's Warranty and Disclaimers. (a) We do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Site. However, the products and services offered on our Site are covered by the manufacturer's warranty as detailed in the product's description on our Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.
(b) ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
(c) SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
(d) YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY
CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR
ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO
HONOR ITS WARRANTY OBLIGATIONS TO YOU.
7. Limitation of Liability. (a) IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
(b) OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY
REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE
WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY
YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED
THROUGH OUR SITE.
8. Rights in TEK US Products and b2b.tekitalyus.com Content.
trademarks, design rights, patents and other intellectual property rights (registered and
unregistered) in and on TEK US Products and b2b.tekitalyus.com belong to the TEK US
(which may include you or other users.) TEK US reserves all of its rights in TEK US
Products and b2b.tekitalyus.com Content. Nothing in the Terms grants you a right or
license to use any trade mark, design right or copyright owned or controlled by the TEK
US or any other third party except as expressly provided in the Terms.
9. Goods for Resale
We acknowledge that you are buying products from the Site for your own use and for resale. You represent and warrant that all products purchased from this Site will not be altered for resale, or for any other purposes, without our prior written consent.
10. Privacy.. We respect your privacy and are committed to protecting it. Our Privacy
Policy, https://b2b.tekitalyus.com/privacy-policy, governs the processing of all personal
data collected from you in connection with your purchase of products or services through
11. Force Majeure. We will not be liable or responsible to you, nor be deemed to have
defaulted or breached these Terms, for any failure or delay in our performance under
these Terms when and to the extent such failure or delay is caused by or results from acts
or circumstances beyond our reasonable control, including, without limitation, acts of
God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities
(whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national
emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes
(whether or not relating to our workforce), or restraints or delays affecting carriers (such
as customs controls) or inability or delay in obtaining supplies of adequate or suitable
materials, materials or telecommunication breakdown or power outage.
12. Governing Law and Jurisdiction. All matters arising out of or relating to these
Terms are governed by and construed in accordance with the internal laws of the State of
Florida without giving effect to any choice or conflict of law provision or rule (whether
of the State of Florida or any other jurisdiction) that would cause the application of the
laws of any jurisdiction other than those of the State of Florida.
13. Waiver of Jury Trials and Binding Arbitration
(a) YOU AND TEK US ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Mediation Procedures ("Commercial Rules"). The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the
unenforceable provision will be severed and the remaining arbitration terms will be
You will not assign any of your rights or delegate any of your
obligations under these Terms without our prior written consent. Any purported
assignment or delegation in violation of this Section 13 is null and void. No assignment
or delegation relieves you of any of your obligations under these Terms.
15. No Waivers. The failure by us to enforce any right or provision of these Terms
will not constitute a waiver of future enforcement of that right or provision. The waiver
of any right or provision will be effective only if in writing and signed by a duly
authorized representative of TEK US.
16. No Third-Party Beneficiaries. These Terms do not and are not intended to confer
any rights or remedies upon any person or entity other than you.
17. Notices. (a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows:
(i) by personal delivery, overnight courier or registered or certified
TEK BRUSHES AND COMBS, INC. (dba “TEK US”)
420 Lincoln Road, Suite 357,
Miami Beach, FL, 33139
We may update the address for notices to us by posting a notice on the Site.
Notices provided by personal delivery will be effective immediately. Notices provided
by facsimile transmission or overnight courier will be effective one business day after
they are sent. Notices provided by registered or certified mail will be effective three
business days after they are sent.
If any provision of these Terms is invalid, illegal, void or
unenforceable, then that provision will be deemed severed from these Terms and will not
affect the validity or enforceability of the remaining provisions of these Terms.