A - TERMS AND CONDITIONS OF USE AND SALE OF DIAMONDANVILS.COM
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.DiamondAnvils.com (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
www.DiamondAnvils.com is a site operated by Almax easyLab Inc (we, the Seller). DiamondAnvils.com are a tradename of Almax easyLab Inc. Our trading address is 485 Massachusetts Avenue, suite 300, Cambridge, MA 02139, USA.
2. YOUR STATUS
By placing an order through our site, you warrant that:
i. You are legally capable of entering into binding contracts; and
ii. You are at least 18 years old;
3. YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. DiamondAnvils.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel, or refuse orders in their sole discretion.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 The Buyer shall place an order to purchase a Product by placing an Order on the website and include payment via credit card. The Seller shall send you an Order Confirmation Email confirming receipt of the order and containing details of the order made as described in 4.4 below.
4.2 The Seller will manufacture the goods (as applicable) and prepare these for Dispatch.
4.3 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller.
4.4 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. Finally, we will send you an invoice by e-mail that confirms that the Product has been dispatched - this constitutes the Dispatch Confirmation.
4.5 The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
4.6 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4.7 If the goods are to be manufactured or any process is to be applied to the goods by the Seller the Buyer shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Seller's use of the Buyer's specification.
5.1 Delivery of the Product shall be made by the Seller delivering the Product via a courier (of the Seller’s choice), the cost of which is defined on our website and added to the final invoice.
5.2 Any dates quoted for delivery of the Product are approximate only and the Seller shall not be liable for any delay in delivery of the Product whosoever caused. The goods may be delivered by the Seller in advance of the quoted delivery date. Time for delivery shall not be of the essence unless previously agreed by the Seller in Writing.
5.3 Where the Product are to be delivered in installments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the installments in accordance with these Conditions or any claim by the Buyer in respect of any one or more installments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
5.4 Any claim for shortage in delivery must be notified to the Seller in writing within 2 days of the date of receipt of the Product by the Buyer.
6. PRICE AND PAYMENT
6.1 The price of the Products shall be the Seller's quoted price on the website. This price shall be quoted on the Dispatch Confirmation accepting the Buyer's order. The cost of any applicable shipping, applicable Value Added Tax (VAT) and credit card fees will also be quoted on the Dispatch Confirmation, as and if appropriate. Payment for all Products must be by credit card in the currency selected by the Buyer. Your credit card will be charged upon your order being placed.
6.2 Customs duties, clearance charges or equivalent duties shall also be borne by the Buyer.
6.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
6.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
6.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
6.6 Notwithstanding any other term or condition herein the Seller may, in its sole discretion, refuse to accept further orders from the Buyer or refuse to make further sales to the Buyer at any time. Any decision made by the Seller in the exercise of its sole discretion as provided for in this clause shall not, and shall not be deemed to, prejudice, limit, hamper or affect any subsequent exercise by the Seller of its sole discretion.
7 RISK AND PROPERTY
7.1 Risk of damage to or loss of the Goods shall pass to the Buyer:
i. in the case of goods to be delivered to the Buyer at the Seller's place of business or delivered to a courier at the Seller's place of business, at the time when the Seller notifies the Buyer that the Goods are available for dispatch or that the goods have been dispatched with a courier; or
ii. in the case of goods to be delivered otherwise than at the Seller's premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the goods.
7.2 Notwithstanding delivery and the passing of risk in the goods, or any other provision of these Conditions, the property in the goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due. Until such time as the property or the goods passes to the Buyer, the Buyer shall hold the goods as the Seller's fiduciary agent and bailee and shall keep the goods separate from the goods of the Buyer and third parties, and shall keep the Seller's goods properly stored, protected and insured and identified on the Buyer's property, but shall be entitled to use the goods in the ordinary course of business. The Buyer hereby irrevocably authorizes the Seller or its representatives to enter upon the Buyer's premises where the goods are stored, or are thought to be stored, for the purpose of repossessing them and, if the Seller so chooses, subsequently reselling them.
8 WARRANTIES AND LIABILITIES
8.1 Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. Any claim by the Buyer which is based on any defect in the quality or condition of the goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within 7 days after discovery of the defect or failure. If delivery is not refused and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the goods and the Seller shall have no liability for such defect or failure and the Buyer shall be bound to pay the price of the goods as if the goods had been delivered in accordance with the contract. Further, we are not liable for failures of damages to diamond anvils upon use.
8.2 Where any valid claim in respect of any of the goods which is based on any defect in the quality or condition of the goods or their failure to meet DiamondAnvils.com specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the goods (or the part in question) free of charge for the replacing items or, at the Seller's sole discretion, refund to the Buyer the price of the goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.
8.3 The Seller is liable only for defects which appear under the conditions of operation provided for in the contract and under the proper use of the goods.
8.4 Except in respect of death or personal injury caused by the Seller's negligence, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these Conditions.
8.5 Neither party shall be liable or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the obligations in relation to the goods, if the delay or failure was due to any cause beyond their reasonable control, including, but not limited to any Act of God, explosion, fire, acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority, war, civil commotion, insurrection, international sanctions or boycotts, import or export regulations or embargoes, difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery, labour disputes of whatever nature whether involving employees of the Seller or Buyer or of any third party.
8.6 This site and all information, content, materials, products (including software) and services included on or otherwise made available to you through this site are provided by DiamondAnvils.com on a “as is” and “as available” basis, unless otherwise specified in writing. DiamondAnvils.com makes no representation or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including software) or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk.
8.7 To the full extent permissible by applicable law, DiamondAnvils.com disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. DiamondAnvils.com does not warrant that this site; information, content, materials, products (including software) or services included on or otherwise made available to you through this site; their servers; or email sent from DiamondAnvils.com are free of viruses or other harmful components. DiamondAnvils.com will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this site, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
9.1 If the Buyer makes any voluntary arrangement with its creditors, becomes subject to an administration, or goes into liquidation, or if an encumbrancer takes possession of assets or a receiver is appointed; or if the Buyer ceases to, or threatens to cease to, carry on business; or the Seller takes the reasonable view that any of the events mentioned above is likely to occur and notifies the Buyer accordingly, then without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the contract without any liability to the Buyer, and if goods have been delivered but not paid for, they shall become due and payable immediately.
9.2 If the Buyer and the Seller agree to the sale and purchase of a Product, which is not supplied under the Seller's existing product range but is outlined in the Buyer's specifications, then the Seller shall be entitled to cancel the contract without any liability whatsoever to the Buyer if the Seller is unable to manufacture the requested product in accordance with the supplied specification.
10 WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
11 TRANSFER OF RIGHTS AND OBLIGATIONS
11.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
11.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
11.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
12.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
12.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
12.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
14. ENTIRE AGREEMENT
14.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
14.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
14.3 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
15 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
15.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
15.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
16 LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England.
OUR COMMITMENT TO PRIVACY
DiamondAnvils.com knows that you care how information about you is used and shared and we are committed to protecting the privacy of those using our site and the confidentiality of the personal information with which you, our customer provide us.
Any personal information provided to or to be gathered by DiamondAnvils.com is protected under the Data Protection Act 1998 and we comply with the Act in all our dealing with your personal data. Information about the Act may be found here http://www.legislation.gov.uk/ukpga/1998/29/contents.
DiamondAnvils.com will never sell personal information or share personal information with third parties unrelated to us. At DiamondAnvils.com, we use the information we collect to serve our customers in the following ways:
1. If you become a user of www. DiamondAnvils.com, your name, email address, postal address and other information on the order form are kept by us and used by us when you place second and subsequent orders for product.
2. We may also use your contact information to let you know about new product developments, if you have confirmed you wish to receive information.
Cookies are messages given to a Web browser by a Web server. The message is then stored by the browser. Each time the browser requests a page from the server, this message is sent back. A cookie's main objective is to identify users and personalise their visit by customising web pages for them, for example by welcoming them by name next time they visit the same site. A site using cookies will usually invite you to provide personal information, such as your name, email address and interests.
SECURITY AND INFORMATION
DiamondAnvils.com work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts the information which you input. When you provide credit card details to us, we will only reveal the last five digits of the number when confirming an order. We do not retain credit card details.
We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable customer information.
We would remind you that in order to protect against misuse of your personal data, it is also important for you to be aware of unauthorised access to your password and your computer. Be sure to log off when you finish using the www.DiamondAnvils.com website to avoid others gaining access.
CONDITIONS OF USE, NOTICES AND REVISIONS
If you choose to visit www.DiamondAnvils.com, your visit and any dispute over privacy is subject to this Privacy Notice and DiamondAnvils.com Terms and Conditions of Use and Sale, including limitations on damages and to the application of the laws of England. If you have any concerns about privacy at DiamondAnvils.com.com then please email us and we shall try to resolve the issue.
Almax easyLab Inc.
1, Mifflin Place
Cambridge, MA 02138 - USA
sales at diamondANVILS.com