Terms & Conditions of Sale
- "Buyer" means the person and/or organization who buys or agrees to buy the Goods from the Supplier;
- "Buyer" shall refer to the individual or entity making an order as described herein;
- "Contract" means the contract between the Supplier and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
- "Goods" means the items that the Buyer agrees to purchase from the Supplier;
- "Supplier" and/or “yoomi” means Yoomi, Inc., a Delaware Corporation headquartered at 1930 OCEAN AVE STE. 208 SANTA MONICA CA 90405.
- "Terms and Conditions" means these terms and conditions (and any revision thereto) but will also include any special terms and conditions agreed in writing by the Supplier;
- "Website" means www.yoomi.com;
- “Working days” means any Monday to Friday from 9am to 5pm, Pacific Time, excluding all Federal holidays.
- These Terms and Conditions apply to all contracts for the sale of Goods by the Supplier to the Buyer.
- If the Buyer accepts delivery of the Goods, then this shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
- Any special conditions which apply will be set out in a Schedule to this agreement.
- These Terms and Conditions can only be varied if the Supplier specifically agrees in writing.
- The Supplier is entitled to vary these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions (including any special or varied terms and conditions accepted by the Buyer upon purchase).
- Any complaints by the Buyer must be in writing to the Supplier’s address stated in clause 1(5).
- To place an order the Buyer must use the Order process described on the Website.
- All orders for Goods are deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason whatsoever.
- Supplier’s acceptance of Buyer’s order takes effect and the contract concluded at the point where such offer is expressly accepted by Supplier dispatching Buyer’s order and accepting Buyer’s credit card or other payment (“Acceptance”).
- If the Goods are not available from stock then the Supplier will inform the Buyer and enquire whether the buyer wishes to be notified by e-mail when the Goods are next available.
PRICE AND PAYMENT
- The listed price of the Goods on the website excludes delivery charges and taxes/duties. The total price, including taxes/duties and delivery, will be displayed at the checkout screen before the Buyer confirms the order.
- Payment of the price plus any applicable taxes/duties and delivery charges must be made in full before any Goods are dispatched.
- OOnce the Supplier receives the order, the Supplier will e-mail confirmation of the order (including the Goods ordered and the price) together with applicable Consumer cancellation rights, if any.
- The Supplier reserves the right to withdraw any Goods from the Website without notice without any liability whatsoever.
- The Supplier reserves the right to refuse any order without liability.
- Unless specifically displayed on the Website, prices are not guaranteed for any length of time. The Supplier reserves the right to update the prices displayed and will use their best efforts to ensure that prices are correct at the time the Buyer places an order
- Where payment is overdue (does not clear for any reason or is not made on time) then the Supplier will immediately cease or suspend the delivery of any Goods until the Supplier receives full cleared payment. & RISK
DELIVERY & RISK
- Goods supplied will normally be delivered within the following number of working days of acceptance of order:
- to addresses in mainland US within 3–5 working days
- to addresses in Canada, within 7-10 working days;
- Delivery timescales/dates specified on the Site, in any order acknowledgement, acceptance or elsewhere are estimates only. While we endeavor to meet such timescales or dates, we do not undertake to dispatch Products and/or commence Services by a particular date or dates and shall not be liable to you in respect of delays or failure to do so.
- Delivery shall be to a valid address within the Territory submitted by you and subject to Acceptance ("Delivery Address"). You must check the Delivery Address on any acknowledgement or acceptance we provide and notify us without delay of errors or omissions. We reserve the right to charge you for any extra costs arising from changes you make to the Delivery Address after you submit an order.
- If you refuse or fail to take delivery of Products provided in accordance with these Terms, any risk of loss or damage to the Products shall nonetheless pass and without prejudice to any other rights or remedies we have:-
- We shall be entitled to immediate payment in full for the Products or Services delivered and either to effect delivery by whatever means we consider appropriate or to store Products at your risk;
- You shall be liable pay on demand all costs of Product storage and any additional costs incurred as a result of such refusal or failure to take delivery;
- We shall be entitled 30 days after the agreed date for delivery to dispose of Products in such manner as we determine and may set off any proceeds of sale against any sums due from you.
- Except to the extent required as a result of any mandatory rights you have as a consumer under applicable law, you shall not be entitled to reject the Products in whole or in part by reason of short delivery and shall pay in full notwithstanding short delivery or non-delivery unless you notify us in writing of any claim within 7 days of the latest of the date of receipt of the relevant invoice or delivery whereupon you shall pay for the quantity actually delivered.
- Where we deliver Products by installments, each installment constitutes a separate contract and any defect in any one or more installments shall not entitle you to repudiate the contract as a whole nor to cancel any subsequent installment.
- Save as otherwise provided in these Terms, risk of loss of or damage to the Products passes to you on the first attempted delivery or when placed in your possession or that of any carrier or transport provided by you, whichever shall occur first.
REJECTION, DAMAGE OR LOSS IN TRANSIT
- Except as set out above or under any applicable Returns Policy and subject to any rights Buyer has under applicable law that cannot be excluded or limited by these Terms:
- Supplier shall not be liable and Buyer shall not be entitled to reject Goods, except for:
- (a) Damage to or loss of Goods or any part thereof in transit (where the Goods are carried by Supplier’s own transport or by a carrier on Supplier’s behalf) where notified to Supplier within 7 working days of receipt of the Goods;
- (b) Defects in Goods (not being defects caused by any act, neglect or default on the part of the Buyer) notified in writing to Supplier within 28 days of receipt of the Goods.
- Supplier shall not be liable for any damage or losses arising from the use of the Goods in connection with other defective, unsuitable or defectively installed equipment; Buyer’s negligence; improper use or use in any manner inconsistent with the manufacturer's specifications or instructions.
- Where these is a shortage or failure to deliver, or any defect in or damage to a Good, Supplier may, at Supplier’s option:
- (a) (in the case of Goods shortage or non-delivery) make good any such shortage or non-delivery; and/or
- (b) In the case of damage or any defect(s) in the Goods and in accordance with any applicable Returns Policy:
- (i) or repair the Good upon Buyer returning the Goods; or;
- (ii) Refund the price paid in respect of any Goods found to be damaged or defective.
RISK AND RETENTION OF TITLE
- The title in Goods will only pass to the Buyer upon cleared full payment of the price
CANCELLATION AND RETURN
- The Buyer may cancel any order for Goods for any reason up to the point of dispatch and any payments made by the Buyer shall be refunded in full within 28 days.
- In addition to any other rights, the Buyer has the right to cancel the contract for Goods by contacting the Supplier in writing within 7 working days following the day the Buyer received the Goods and will receive a refund.
- Immediately upon receipt the Buyer will inspect the Goods and shall notify the Supplier in writing by email to email@example.com within 7 working days of delivery if the Goods are damaged or do not comply with the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods
- Where a claim of defect or damage is made, the Goods shall be returned by the Buyer to the Supplier within 28 days of delivery. If the Goods are defective then the Buyer is entitled to a replacement or a full refund (including delivery costs) plus any return postal charges.
- Where Goods are cancelled by the Buyer they must be returned by the Buyer, within 28 days of cancellation, at the Buyer’s expense and in the original packaging with adequate insurance during the return journey. The Buyer is under a duty to take care of the Goods until they have been returned to the Supplier. The Buyer will receive a refund of all monies paid for the Goods (excluding delivery charges and return postal charges). However, if the Buyer fails to return the Goods following cancellation, the Supplier is entitled to deduct the cost of recovering the Goods from the Buyer.
- All Goods to be returned must clearly show the order number obtained from the Supplier on the package.
- Where returned Goods are found to be damaged due to the Buyer’s actions or improper use, the Buyer will be notified.
RESPONSIBILITY & USE OF GOODS/PRODUCTS
- The Buyer agrees to be solely responsible for the use of any Goods supplied and that they will use the Goods legally and only for the purposes that such Goods are intended to be used for and at all times in accordance with the instructions, advice, suggestion, guidance and information. This includes ensuring that the Buyer reads all the information and guidance supplied, takes any required precautions and/or tests before use and fully understands what the Goods contain.
- Furthermore the Buyer agrees that they will not misuse any Goods supplied.
- It is the Buyer’s responsibility to ensure that the Goods are suitable for the Buyer’s own use.
- The Buyer specifically accepts that the effectiveness of the Goods will be dependent on correct and effective use, storage, inspection and maintenance.
- The Buyer specifically agrees that the Supplier has no liability and furthermore that the Buyer will indemnify the Supplier for any losses or expenses incurred whatsoever resulting from any breach of this clause.
- In relation to security of orders that Buyer places with Supplier: Supplier’s secure-server software encrypts all Buyer’s Personal Data including credit or debit card number and name and address. This means that the characters that Buyer enters are converted into pieces of code that are then securely transmitted over the Internet.
- Any notice to be given by either party to the other under these Terms and Conditions shall be in writing, addressed to that other party at its’ registered office or principal place of business, or such other address as may at the relevant time have been notified, and may be sent by email, fax, first class recorded mail or by personal service.
- Any such notice shall be deemed to have been received, if delivered personally, at the time of delivery; if by first class recorded post, at the expiration of 5 days after the time of posting from an address in the United States or 10 days for an international address; or if by email or facsimile, at the recorded time of completion of transmission by the sender.
LIMITATION OF LIABILITY
- TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT SUPPLIER WAS AWARE OR ADVSED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE (1) SUPPLIER’S AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE GOODS BUYER ORDERED AND THAT ARE MOST CLOSELY RELATED TO BUYER’S DAMAGES AND (2) SUPPLIER SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER.
- The Supplier shall not be liable for any indirect, incidental or consequential loss or damage whatsoever.
- Time shall not be of the essence and the Supplier shall incur no liability to the Buyer in respect of any failure to deliver the Goods by any agreed date.
- Unless otherwise prohibited by law, in the event of the Supplier breaching any of these Terms and Conditions the Buyer’s remedies are limited to damages that in no circumstance whatsoever will exceed the price of the Goods.
- The Supplier may transfer, sub-contract or otherwise deal with its rights or obligations under these Terms and Conditions without notifying the Buyer or obtaining the Buyer’s consent.
- The Buyer may not transfer, sub-contract or otherwise deal with its rights and/or obligations under these Terms and Conditions.
EXCLUSION OF THIRD PARTY RIGHTS
INVALIDITY & SEVERANCE
GOVERNING LAW AND JURISDICTION
These Terms and Conditions are for the benefit of the Supplier and the Buyer and are not intended to benefit any third party or be enforceable by any third party. The exercise of any rights in relation to these Terms and Conditions is not subject to the consent of any third party.
Nothing in these Terms and Conditions and no express or implied waiver by the Supplier in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, accidents, war, fire, strikes, lock outs, failure of any communications including telecommunications or computer systems, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
The Supplier may revise these Terms and Conditions from time to time. Revised Terms and Conditions will apply to the purchase of any Goods from the date of publication of revised Terms and Conditions on our Website, so please check this page regularly to ensure you are up to date with the current version.
Each clause or any part at all of this agreement is to be regarded as independent of the others. This means that should any clause or any part at all of this agreement be found to be unlawful and/or unenforceable it will be severed and will not affect the enforceability or validity of the rest of this agreement.
These Terms & Conditions shall be interpreted, construed and enforced in accordance with Delaware law. Any disputes relating to these Terms and Conditions or the Goods themselves must be filed in the state of Delaware.