SESC WEB STORE
Terms and Conditions
Please carefully review these terms and conditions (“Terms”) which set out your rights and obligations with respect to your use of the SESC Web Store website and purchases of products which are for sale at the SESC Web Store (“Products”), including important limitations and exclusions, such as those in Product warranties.
This SESC Web Store website, including any subsite accessible through the homepage, is published and maintained by Schulte Electro Systems Corporation, an Illinois corporation operating exclusively from its Sugar Grove, Illinois, office ("SESC"). Please note that when you enter any subsite accessible through this homepage or the shopping page, such subsite may have its own terms and conditions of use which are specific to it. When you access, browse, or use this SESC Web Store website, you accept, without limitation or qualification, the terms and conditions set forth below and any additional terms and conditions of use set forth in any subsite. By placing an order at the SESC Web Store, you agree that these terms and conditions apply to the order. You should accordingly be certain you understand these terms and conditions before placing an order.
Your Right To Use The SESC Web Store Website And Its Contents
This SESC Web Store website is for your personal use only. You are prohibited from distributing, exchanging, modifying, selling, or transmitting anything you copy from this SESC Web Store website, including any text, images, audio, and video, for any business, commercial, or public purpose. As long as you comply with the terms of these Terms and Conditions, SESC grants you a non-exclusive, non-transferable, limited right to enter, display, and use this SESC Web Store website. You agree not to interrupt or attempt to interrupt the operation of this SESC Web Store website in any way.
SESC's Right To Change These Terms And Conditions Or Content On The SESC Web Store Website
SESC may add to, change, or remove any part of these Terms and Conditions at any time, without notice. Any changes to these Terms and Conditions or any terms posted on this SESC Web Store website apply immediately upon posting. By continuing to use this SESC Web Store website after any changes are posted, you are indicating your acceptance of those changes. SESC may add, change, discontinue, remove, or suspend any other content posted on this SESC Web Store website, including features and specifications of Products described or depicted on the SESC Web Store website, temporarily or permanently, at any time, without notice and without liability.
Hours Of Operation
SESC Customer Service is available to assist you with order status, product and pricing information, or other assistance for orders already placed with the SESC Web Store, between the hours of 9am to 5pm CST, Monday through Friday. Please call 1- 630-409-9445 to contact SESC Customer Service.
SESC is the Distributor; SET is the Manufacturer
SESC does NOT manufacture any Products. SESC solely is a distributor of the Products within the Web Store Territory (as defined below under U.S. Sales and International Sales). All Products are manufactured by Schulte Elektrotechnik GmbH & Co. KG, a German company, separate and distinct from SESC (“SET”).
U.S. Sales And International Sales
The SESC Web Store sells and ships Products only to locations within the continental United States, Alaska, Hawaii, Puerto Rico or Canada (the “Web Store Territory”). No shipments can be made to United States PO Box addresses, APO or FPO addresses or addresses outside the Web Store Territory. All Products purchased at the SESC Web Store are for domestic use in the country to which the Products are shipped by the SESC Web Store and may not be exported from such country.
Orders outside the Web Store Territory are subject to terms and conditions different from these Terms, including but not limited to additional handling charges, higher shipping rates, and applicable customs duties and taxes, all of which are your responsibility. Please be aware that SET and US law may impose restrictions on the export of certain Products.
For all orders outside the Web Store Territory please contact SET Customer Service at 001- 49-23-51 or 001-49-94-81-0 or via email at email@example.com. The SESC Web Store makes no representations regarding warranty coverage, compatibility or serviceability for Products that are used outside the Web Store Territory.
Sales To End Users Only
The SESC Web Store only sells and ships Products to end users. You may not purchase Products at the SESC Web Store for resale. By purchasing Products at the SESC Web Store, you represent that you intend to use, and will not resell, those Products. SESC reserves the right to refuse or cancel your order if it suspects you are purchasing for resale.
Orders Subject to Acceptance
Your name, complete and correct mailing address, email address and telephone number must be included by you in every order for the sale of any Products. All orders for the sale of any Products are subject to approval and acceptance in writing by SESC by means of the delivery to you via email of SESC’s Order Acknowledgment and Acceptance (“Order Acknowledgment and Acceptance”).
Sale Contract Documents
These Terms, together with the terms on any given Order Acknowledgment and Acceptance, (collectively, the “Sale Contract Documents”) represent the complete agreement of SESC and you with respect to the sale of the specific Products set forth in the Order Acknowledgment and Acceptance, and no terms or conditions in any way adding to, modifying or otherwise changing the provisions stated herein, including by custom, usage of trade or course of dealing or performance, shall be binding upon SESC unless made in writing and signed and approved by an officer of SESC. No modification of any of these Terms will be effected by SESC’s shipment of Products following receipt of your sale order, shipping request or similar forms containing printed terms and conditions conflicting or inconsistent with these Terms or by Seller’s use of its own sales forms with printed terms and conditions conflicting or inconsistent with these Terms.
Please read our policies regarding payment methods carefully before placing an order. You may pay for Products purchased at the SESC Web Store solely by means of credit card (Visa, MasterCard, American Express and Discover) via PayPal. You can use PayPal to pay for your order even if you do not yet have a PayPal account. Once you have entered all required billing and shipping information during the SESC Web Store order check-out process, the SESC Web Store will inform you that you are going to be redirected to the PayPal website to place an order. Upon clicking on the continue button in the order check-out process, you will be redirected automatically to PayPal's website. You can then log in to PayPal as usual or set up a PayPal account to pay for your order. During the payment process, all information will be exchanged in encrypted form exclusively between you as the account holder and PayPal's website. After the PayPal payment transaction has been successfully completed, you will be redirected back to the SESC Web Store order check-out process. If your PayPal payment transaction is not completed successfully, your order will be cancelled.
The aggregate amount you are required to pay to SESC in connection with your order for Products will include the price of the Products on the day the order is placed plus any applicable sales tax, shipping and handling and insurance charges, (collectively, “Prices and Charges”) which will be reflected on the Order Confirmation and the Order Acknowledgment and Acceptance that SESC sends to you. In addition to the purchase price of the Products, SESC will charge you sales tax based on your shipping address and the sales tax rate in effect at the time your order is placed. If the sales tax rate for the state to which your order is shipped changes before the Product is shipped, the rate in effect at the time your order is shipped will apply. SESC is located in the State of Illinois and, currently, charges sales tax only with respect to orders shipped to locations within the State of Illinois. SESC reserves the right to change Prices and Charges for Products sold at the SESC Web Store at any time, including but not limited to correcting errors that appear on the SESC Web Store relating to Prices and Charges.
SESC Web Store does not accept tax exempt orders. Please contact SESC's Customer Service between the hours of 9am to 5pm CST, Monday through Friday at 1- 630-409-9445 for additional information related to tax exempt orders.
Shipping / Delivery.
Unless otherwise expressly agreed to in writing by SESC and you, all Product deliveries shall be made FCA SESC’s warehouse in Sugar Grove, Illinois (Free Carrier [… named place of delivery]) pursuant to INCOTERMS 2010. The time of delivery of any Product shall be the time set forth in the product delivery notes signed by SESC’s warehouse personnel.
All costs incurred directly or indirectly (including overhead) in connection with the shipment of Products, including but not limited to packaging, labeling, preparing documentation for carrier, delivering to carrier and procuring insurance for the Product, shall be your sole responsibility and shall be paid by you promptly upon demand. If delivery of a shipped Product is late or erroneous as a result of inaccurate, incomplete or misleading information supplied by you or your agents, storage and all other additional costs and risks shall be your sole responsibility and shall be paid by you promptly upon demand.
To avoid fulfillment delays, SESC Web Store reserves the right to make alternate shipping arrangements.
All SESC Web Store shipments of Products to the continental United States, Alaska or Hawaii will be made by UPS Ground, UPS Three-Day Select, UPS Second Day Air, UPS Next Day Air or UPS Next Day Air Early A.M. All SESC Web Store shipments of Products to Puerto Rico or Canada will be made by UPS Worldwide Standard, UPS Worldwide Express or UPS Worldwide Expedited. Please carefully select an appropriate shipping option, as incorrect shipping selections will delay, or in some cases, cause your order to be canceled. If the SESC Web Store notifies you via email of a problem with your order but fails to receive an email response from you within three days of the SESC Web Store’s problem notification to you, the SESC Web Store will cancel your order (and refund the Price and Charges with respect to the cancelled order, subject to retention of a restocking fee of 20% of such Price and Charges).
The SESC Web Store does not guarantee "exact" delivery times. All delivery times are based solely on approximate delivery schedules furnished by the carrier to the SESC Web Store. The day an order is placed does NOT count as one day of the delivery schedule. UPS picks up at the end of each business day.
Undeliverable Packages and Failed Delivery Attempts: The carrier will notify you when an undeliverable package is returned to SESC. Please contact SESC Customer Service between the hours of 9am to 5pm CST, Monday through Friday, at 1- 630-409-9445 to make arrangements for reshipment. Additional costs to reship the Product may apply.
Risk Of Loss
Title and risk of loss to all Products will pass to you on delivery of the Product to UPS, the carrier, at SESC’s warehouse in Sugar Grove, Illinois (see designation of such delivery location pursuant to Shipping and Delivery above). Delivery of the Product to you, your representative or carrier shall be deemed delivery to you. Upon delivery of the Product to you, your representative or carrier, you shall bear the entire risk of loss, theft, destruction, confiscation of, or damage to, the Product or any item thereof (herein, "Loss or Damage") from any cause whatsoever. No Loss or Damage shall relieve you of the obligation to pay the Price and Charges or of any other of your obligations under the Sale Contract Documents.
Any claim by you against SESC for shortage or damage to the Product occurring prior to delivery to you, your representative or carrier must be made in writing within four (4) days after such delivery (and, in the event that the delivery was made to a carrier engaged by you or your representative, such writing must be accompanied by original transportation bill signed by such freight carrier noting that such freight carrier received Product from SESC in the condition claimed). In the event that you fail to provide written notice to SESC, within such four (4) day period after delivery, of any defects, nonconformance or rejection of any Product, you shall be deemed to have irrevocably accepted all of the Product (provided you previously did not already accept all of the Product) and to have irrevocably waived any claims by you against SESC for shortage or damage to the Product. After acceptance of the Product, you shall have no right to reject any Product for any reason. You hereby agree that such four (4) day period is a reasonable amount of time for such inspection and revocation. You shall have no right to order any change or modification to any Product previously ordered by you or your representatives or cancel any order without SESC's written consent and payment to SESC of all charges, expenses, commissions and reasonable profits owed to or incurred by SESC. Specially fabricated or ordered items may not be canceled or returned, and no refund will be made. Any claim by you for damage to the Product occurring during shipment shall be made directly against the carrier, with a copy of such claim forwarded to SESC within five (5) days.
The estimated shipment date on your order is based on Products’ availability, payment processing time and warehouse processing time and does not include transit time. SESC does not begin payment processing until SESC receives all of the information that it needs for full payment. SESC will begin payment processing for orders placed on weekends or holidays on the next business day. Business days are Monday through Friday, excluding U.S. federal holidays.
Your order for in-stock items that are eligible for same-day shipping must be received before 2:00 p.m. CST, pending payment processing, for there to be adequate remaining time in the day to ship your order.
Please review the Product Availability section below for additional information regarding order processing and Product’s availability times.
SESC makes every effort to ship your Product according to the estimated lead times provided by the SESC Web Store at checkout. The estimated lead times are in business days (Monday through Friday, excluding federal holidays).
Refer to your order confirmation (if you provided an e-mail address) or contact SESC Customer Service between the hours of 9am to 5pm CST, Monday through Friday at 1- 630-409-9445 for order status information.
SESC may restrict the number of items that you can purchase. SESC will post limitations on quantity on the SESC Web Store website or will inform you of Product specific purchase limits at the time it processes your order. SESC reserves the right to change quantities available for purchase at any time.
SESC makes every effort to supply you with the Products you order. SESC may occasionally confirm an order but subsequently learn that it cannot supply the ordered Products, either at all or in the quantities ordered. This situation may occur when SET decides to stop manufacturing a Product or cannot source components for the configuration you ordered, or when there was a pricing error at the SESC Web Store when you ordered. In those circumstances, SESC will contact you to inform you and, if you are interested, may suggest alternative Products that might meet your needs. If you do not wish to order alternative Products, SESC will cancel your order for Products that it cannot supply, and for any other Products that you no longer wish to order as a result, and will refund your purchase price for those Products (together with any shipping and handling and insurance charges applicable to the Products subject to such cancellation).
SESC MAKES NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER WITH RESPECT TO ANY PRODUCTS SOLD. SESC HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, WHETHER IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES, AND IN NO EVENT, WILL SESC BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE OR ANY OTHER LOSS, DAMAGE, COST OF REPAIRS OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR LIQUIDATED DAMAGES OF ANY KIND, WHETHER BASED UPON WARRANTY, CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION ARISING IN CONNECTION WITH THE DESIGN, MANUFACTURE, SALE, TRANSPORTATION, INSTALLATION, USE OR REPAIR OF THE PRODUCTS SOLD BY SESC AT THE SESC WEB STORE (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR REVENUE, INABILITY TO USE THE PRODUCT, OR OTHER ASSOCIATED EQUIPMENT, THE COST OF SUBSTITUTE EQUIPMENT, AND CLAIMS BY THIRD PARTIES). EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH, ALL PRODUCTS SOLD BY SESC ARE PROVIDED "AS IS," "WHERE IS," AND "WITH ALL FAULTS." BUYER’S SOLE REMEDY FOR ANY PRODUCT NOT COMPLYING WITH THE SALE CONTRACT DOCUMENTS IS SOLELY AGAINST SET, AS PRODUCT MANUFACTURER, AND NOT SESC.
BELOW PLEASE FIND A SUMMARY OF SOME IMPORTANT CURRENT FEATURES OF SET’S MANUFACTURER’S LIMITED WARRANTY WITH RESPECT TO THE PRODUCTS. PLEASE NOTE THAT SUCH SUMMARY SOLELY IS PROVIDED TO YOU FOR YOUR CONVENIENCE, THAT SUCH SUMMARY MAY NOT CORRECTLY DESCRIBE SET’S ACTUAL MANUFACTURER’S LIMITED WARRANTY APPLICABLE TO ANY PARTICULAR PRODUCT AND THAT YOU MUST REVIEW SET’S ACTUAL MANUFACTURER’S LIMITED WARRANTY IN ORDER TO ASCERTAIN THE TERMS AND CONDITIONS OF SET’S MANUFACTURER’S LIMITED WARRANTY WITH RESPECT TO SUCH PARTICULAR PRODUCTS.
SET, as manufacturer of the Products, warrants to the original purchaser of any Product that such Product is free from material defects in material and workmanship (any Product not free of such material defects, a “Materially Defective Product”) pursuant to the terms and conditions of the manufacturer’s limited warranty applicable to such particular Product. SET’s manufacturer’s limited warranty extends only to such Products which are purchased through the SESC Web Store from a location within the Web Store Territory and which are used exclusively in the country within the Web Store Territory to which the SESC Web Store shipped such Products. SET’s manufacturer’s limited warranties differ from Product to Product in terms of length, scope of coverage, limitations, exclusions and otherwise. Please review a copy of SET’s manufacturer’s limited warranty on new Products, including its limitations and exclusions, before you purchase, by clicking the link below:
SET’s Manufacturer’s Limited Warranty: http://schulte.com/SET_AGB_EN.pdf
SET’s manufacturer’s limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
During the manufacturer’s limited warranty period, SET will repair or replace, at SET’s option, without charge, a Materially Defective Product. If SET repairs a Materially Defective Product, it may use new or refurbished replacement parts. If SET chooses to replace a Materially Defective Product, SET may replace it with a new or refurbished product of the same or similar design. SET will retain defective parts, modules, or equipment.
SET’s repair or replacement of Product, at SET's sole option, is your exclusive remedy with respect to SET or SESC with respect to the Materially Defective Product. You should expect the Materially Defective Product’s repair or replacement process to take approximately 30 days.
SET’s manufacturer’s limited warranty period for the Product extends for ONE (1) YEAR from the date of purchase. If SET repairs or replaces a Materially Defective Product under the terms of its manufacturer’s limited warranty, such manufacturer’s limited warranty also applies to repaired or replacement Products for a period of either (a) 90 days from the date the repaired or replacement Product is shipped to you or (b) the time remaining on the original one-year manufacturer’s limited warranty, whichever is longer.
SET’s manufacturer’s limited warranty does not cover:
· Product that has been subjected to misuse, accident, shipping or other physical damage, improper installation, abnormal operation or handling, neglect, inundation, fire, water or other liquid intrusion; or
· Product that has been damaged due to repair, alteration or modification by anyone other than an authorized service representative of SET; or
· Product to the extent that the problem experienced is caused by signal conditions, network reliability or cable or antenna systems; or
· Product to the extent that the problem is caused by use with non-SET accessories; or
· Product whose warranty/quality stickers, product serial numbers plates or electronic serial numbers have been removed, altered or rendered illegible; or
· Product purchased, used, serviced, or shipped for repair from outside the United States, or used for commercial or institutional purposes (including but not limited to Products used for rental purposes); or
· Product returned without valid proof of purchase; or
· charges for installation or set up, adjustment of customer controls, and installation or repair of systems outside the Product.
SET’s implied warranties, including those of fitness for a particular purpose and merchantability (an unwritten warranty that the Product is fit for ordinary use) are limited to one year from date of purchase. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
In no event shall SET be liable for any indirect, special, incidental, consequential, or similar damages (including, but not limited to lost profits or revenue, inability to use the Product, or other associated equipment, the cost of substitute equipment, and claims by third parties) in connection with the purchased Product. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If a Product failure is not covered by SET’s manufacturer’s limited warranty, or proof of purchase does not meet the terms of SET’s manufacturer’s limited warranty, SET will notify you and will request that you authorize the cost of repair prior to any further repair activity. You must pay for the cost of repair and return shipping costs for the repair of Products that are not covered by SET’s manufacturer’s limited warranty.
By purchasing at the SESC Web Store, you acknowledge that you have had an opportunity to review the warranty terms applicable to each Product that you are purchasing, have done so to the degree you need to be familiar with them, and accept the terms and conditions applicable to them, including the limitations, exclusions and disclaimers in them. If you have any questions regarding the warranties, including instructions regarding where to return a Materially Defective Product, please call SESC Customer Service between the hours of 9am to 5pm CST, Monday through Friday, at 1- 630-409-9445. Before calling for service, please check the user's manual. A check of the Product’s controls and features may save you a service call.
Return And Refund Policy
If you are not satisfied with your purchased Product, please call SESC Customer Service within 14 calendar days of the Product’s shipment date between the hours of 9am to 5pm CST, Monday through Friday at 1- 630-409-9445 for a Return Material Authorization (RMA). SESC does not permit the return for refund or exchange of configure-to-order, personalized or other customized Products under any circumstances unless the Product is subject to an “out of the box system failure” (see System Failure Out of the Box below for more information). If the item is returnable and you send it back to SESC unopened in the original box, SESC will exchange it or offer you a refund of the purchase price paid for the Product (excluding shipping and handling and insurance charges) based on your original method of payment. You must return the Product, packed in the original, unmarked packaging, including any accessories, manuals, documentation and registration that shipped with the Product, together with a copy of the original invoice, your name, complete and correct mailing address, email address and telephone number, to SESC’s designated location within 15 calendar days of the issuance of the RMA. All returns of Product (except Materially Defective Product) shall be subject to a restocking fee of 20% of the returned Product’s Price and Charges. Returns will not be accepted after 30 days from Order date.
Note: Except as provided by applicable law, you assume the risk of loss or damage during transit and transportation and are responsible for delivery or handling charges incurred in the transport of Product(s) to SESC (for example, in connection with a return of a purchased Product within 30 calendar days of the Product’s shipment date, including an “out of the box system failure”), SET (for example, in connection with a claim by you against SET under the manufacturer’s limited warranty) or their respective representatives. SET will return repaired or replaced Product under its manufacturer’s limited warranty to you, transportation, delivery or handling charges prepaid. SET assumes no risk for damage or loss of the Product in transit.
System Failure Out Of The Box
If a Product shows symptoms of a failure, preventing basic operability, when you first use it after opening the box, please call SESC Technical Support within 30 calendar days of the order date. SESC Technical Support will determine whether the Product is subject to an “out of the box system failure” and will take the appropriate actions as necessary. If SESC Technical Support determines that a returned Product is not subject to an “out of the box system failure”, the standard SET’s manufacturer’s limited warranty will apply to the Product. Should SESC determine that you misrepresented a returned Product's condition and the Product is not subject to an “out of the box system failure”, SESC may impose a handling fee totaling up to 20% of the returned Product’s Price and Charges.
As new Products are offered, SESC reserves the right to determine whether or not this policy applies.
If you discover what you believe is a Product defect for any Product, please contact SESC Technical Support between the hours of 9am to 5pm CST, Monday through Friday at 1- 630-409-9445. If your Product does have a defect, your Product may be covered under the terms of SET’s warranty. Please refer to the warranty information and other supporting documentation that came with your Product. (See the Product Warranty section for specific information about warranties relating to the Products.)
SESC's Rights To User's Materials And Unsolicited Ideas
If you send any communications or materials to SESC by electronic mail or otherwise, including any comments, data, questions, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, or property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve how SESC uses the material.
Any material submitted to this SESC Web Store website may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or used by SESC anywhere in the world, in any medium, forever. Furthermore, SESC is free to use, without any compensation to you, any concepts, ideas, know-how, or techniques contained in any communication you send to the SESC Web Store website for any purpose whatsoever, including developing, manufacturing, and marketing Products using such information. You agree and understand that SESC is not obligated to use any such ideas or materials, and you have no rights to compel such use.
All materials on this SESC Web Store website, including audio, images, software, text, and video clips (the "Content"), are protected by copyright under U.S. copyright law, international conventions, and other copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this SESC Web Store website limiting the way you may use the Content. There are a number of proprietary logos, service marks, and trademarks found on this SESC Web Store website. SESC is not granting you any license to utilize these proprietary logos, service marks, or trademarks by making them available on this SESC Web Store website. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
You may download one copy only of the Content for your personal use at home only, unless the subsite you are accessing states that you may not. If you download any Content from this SESC Web Store website, you may not remove any copyright or trademark notices or other notices that go with it.
Internet transmissions are never completely private or secure. You understand that any message or information you send to this SESC Web Store website may be read or intercepted by others, unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending a message to SESC does not cause SESC to have any special responsibility to you.
This website contains links to other Internet sites on the World Wide Web, including the Products’ manufacturer, SET. SESC provides such links for your convenience only, and is not responsible for the content of any website linked to or from this SESC Web Store website. Links from this SESC Web Store website to any other website do not mean that SESC approves of, endorses, or recommends that website. SESC disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website. If you decide to access any of the third party web sites linked to this website, you do so entirely at your own risk.
You agree to indemnify, defend, and hold harmless SESC and all of its agents, directors, employees, information providers, licensors and licensees, officers, and affiliates from and against any and all liability and costs (including attorneys' fees and costs), incurred by such parties in connection with any claim arising out of any breach by you of these Terms and Conditions. You will cooperate as fully as reasonably required in SESC's defense of any claim. SESC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of SESC.
Disclaimer Of Warranties And Damages with respect to Website; Limitation Of Liability
YOU USE THIS SESC WEB STORE WEBSITE AT YOUR OWN RISK. THIS SESC WEB STORE WEBSITE (INCLUDING ALL CONTENT AND FUNCTIONS AVAILABLE ON OR ACCESSED THROUGH THIS SESC WEB STORE WEBSITE) IS PROVIDED "AS IS." TO THE FULLEST EXTENT ALLOWED BY LAW, SESC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) AS TO THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SESC WEB STORE WEBSITE; OR (2) THAT THE SERVER THAT MAKES THIS SESC WEB STORE WEBSITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR DAMAGE YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SESC WEB STORE WEBSITE.
UNDER NO CIRCUMSTANCES, INCLUDING SESC'S NEGLIGENCE, WILL SESC BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF, THIS SESC WEB STORE WEBSITE, EVEN IF SESC OR ONE OF ITS AUTHORIZED REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO CASE WILL SESC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE OR OTHERWISE) EXCEED $100.00.
Other Terms And Conditions
SESC is not responsible for typographical errors. SESC reserves the right to cancel any order placed by you if there was a typographical error on the SESC Web Store concerning the pricing or availability of any item you ordered when you placed the order.
SESC reserves the right to change the terms and conditions of sale at the SESC Web Store at any time.
SESC may make changes to any Products offered at the SESC Web Store, or to the applicable Prices and Charges for any such Products, at any time, without notice. The information provided at the SESC Web Store with respect to Products may be out of date, and SESC makes no commitment to update the information provided at the SESC Web Store with respect to such Products.
SESC reserves the right, at any time, without notice, to: (1) modify, suspend, or terminate operation of or access to the SESC Web Store, or to any portion of the SESC Web Store, for any reason; (2) modify or change the SESC Web Store, or any portion of the SESC Web Store, and any applicable policies or terms; and (3) interrupt the operation of the SESC Web Store, or any portion of the SESC Web Store, as necessary to perform routine or non- routine maintenance, error correction, or other changes.
The rights and obligations of you or SESC under these Terms shall not be governed by the provisions of the 1980 United Nations Convention of Contracts for the International Sale of Goods or the United Nations Convention on the Limitation Period in the International Sale of Goods. To the extent permitted by law, all sales at the SESC Web Store are governed by Illinois law, without giving effect to its conflict of law provisions.
No SESC employee or agent has the authority to vary any of the SESC Web Store's policies or the terms and conditions governing any sale.
If any of these policies are held by a court of competent jurisdiction to be void or unenforceable, such policy will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the policy, so that the policies will remain in full force and effect.
SESC's failure to insist on or enforce strict performance of these policies will not be construed as a waiver by SESC of any provision or any right it has to enforce these policies, nor will any course of conduct between SESC and you or any other party be deemed to modify any provision of these policies.
These policies will not be interpreted or construed to confer any rights or remedies on any third parties.
These Terms and Conditions together with any additional terms posted on this SESC Web Store website, constitute the entire agreement between SESC and you as to your use of this SESC Web Store website.
Any cause of action you may have relating to your use of this SESC Web Store website must be commenced within one (1) year after the claim or cause of action arises.
To report any technical problems with this website, you can e-mail us at info@EVOline -usa.com.
Terms and Conditions of Product Ratings and Reviews
By submitting any content to SESC, you represent and warrant that:
•you are the sole author and owner of the intellectual property rights thereto;
•all "moral rights" that you may have in such content have been voluntarily waived by you;
•all content that you post is accurate;
•you are at least 13 years old; and that
•use of the content you supply does not violate these terms and will not cause injury to any person or entity
You further agree and warrant that you shall not submit any content: that is known by you to be false, inaccurate or misleading;
•that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• for which you were compensated or granted any consideration by any third party;
• that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
• that contains any computer viruses, worms or other potentially damaging computer programs or files
You agree to indemnify and hold SESC (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant SESC a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content that you submit may be used at SESC's sole discretion. SESC reserves the right to change, condense or delete any content on SESC's website that SESC deems, in its sole discretion, to violate the content guidelines or any other provision of these terms. SESC does not guarantee that you will have any recourse through SESC to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, SESC reserves the right to edit, remove or to refuse to post any submission for any reason. You acknowledge that you, not SESC, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of SESC, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
SESC WEB STORE
SESC’s primary goal in collecting information is to provide you with a superior customized online experience.
When you visit SESC websites you may provide us with two types of information: (1) website and email use information collected as you and other people browse our websites or respond to SESC initiated email (example: type of web browser and operating system used to access the SESC website), and (2) information you knowingly and voluntarily choose to disclose to SESC that we collect on an individual basis (example: completing an online form requesting product literature).
Website and Email Use Information
SESC utilizes technology to accumulate information about traffic on our web sites and the effectiveness of email communication with you. SESC may collect information during 1) your visit to a SESC website, 2) when you open an email from SESC, and 3) when you click a link within an email from SESC. SESC utilizes automatic data collection tools which include web beacons, cookies, embedded web links, and similar information-gathering tools. The data collected may include your internet protocol address, the pages you view at SESC websites, the links you click, and other actions you take in connection with SESC websites. SESC may also use some of these automatic data collection tools in connection with certain emails sent from SESC and therefore may collect information using these tools when you open an email or click on a link contained in an email from SESC.
We use this information to: gather information in order to design and improve our web pages, monitor website and email usage, and compile business and technical statistics. We may share this information on an aggregate basis with third parties in furtherance of our business needs however SESC does not sell or rent such information to third parties for the purpose of soliciting you for non-SESC products and services.
Information You Disclose to SESC
We strongly advise you NOT to submit to us sensitive information, such as your Social Security Number or credit card information, unless it is absolutely necessary for the purpose of your communication. Even though we strive to protect your personal information and privacy, we cannot guarantee the security of information you disclose online and you do so at your own risk.
Please be advised that any information that you provide to SESC shall become the sole and exclusive property of SESC upon submission. SESC may disclose information that you have provided us if we have a good faith belief that such disclosure is necessary to (a) comply with the law or legal process served on SESC; or (b) protect and defend the rights and property of SESC.
Email from SESC
You may receive email communication from SESC in two ways: 1) email received from an individual at SESC based on existing business relationships and 2) electronically initiated email originating from your interaction with a SESC website. For electronically initiated email, should you wish to no longer receive such communications an “UNSUBSCRIBE” link will be included in the email by which you may elect to be removed from further email communications. In such an event SESC will remove your email address from further electronically initiated communication and you should not receive further email communications unless you subsequently interact with a SESC website and again provide your email address.
Cookies are small pieces of data that are stored by a user's web browser on the hard drive of the computer accessing a website. Cookies are part of the flow of information between computers and web browsers, and can be used for, among other things, customizing user interaction with websites and enhancing website performance and utility.
You may elect to refuse to accept cookies by changing your browser preferences and/or utilizing commercially available software programs. Please understand that if you do not accept cookies from SESC’s websites, it may affect the performance, including your ability to access certain features.
SESC may utilize web beacons, clear GIF’s or similar technology to assist in delivering effective website content to you. Web beacons may be used alone or in conjunction with cookies to compile information about your website usage and your interaction with email received from SESC. We may use such technologies to gauge the effectiveness of certain communications and marketing campaigns.
Other Web Sites
Please note that the existence of any external link to another website does not suggest that we are endorsing the linked company, its products and/or its services.
A Note About Children
This SESC Web Store website is not intended for use by minors under the age of 13 years, and we do not intend to collect any personal information or data from children under the age of 13. We do not believe that minors should submit personal information without the consent of a parent or guardian, and encourage parents and guardians to supervise their children's online activities.
Conditions of Use
Please contact SESC Customer Service at 1- 630-409-9445 between the hours of 9am to 5pm CST, Monday through Friday.