TERMS AND CONDITIONS
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
DISPUTES, RATHER THAN JURY TRIALS.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE
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
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES
FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE
NOT OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, OR (C) ARE
PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS
WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions "Terms" apply to the purchase and sale of
products and services through Qilonyc.com "Site". These Terms are subject to change by
Stein Chalmers LLC (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 the 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
order for products or services through this Site (see Section 9).
2. Order Acceptance and Cancellation. 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.
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 in
effect at the time the order is placed and will be set out in your order confirmation email.
Price increases will only apply to orders placed after such changes. Posted prices do not
include taxes or charges for shipping and handling. All such taxes and charges will be
added to your merchandise total, 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.
pricing and that are governed by terms and conditions separate from these Terms. If there
is a conflict between the terms for a promotion and these Terms, the promotion terms will
(b) We may offer from time to time promotions on the Site that may affect
(c) Terms of payment are within our sole discretion and payment must be
received by us before our acceptance of an order. 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.
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 specified during the ordering process. Shipping and handling charges
are reimbursement for the costs we incur in the processing, handling, packing, shipping,
and delivery of your order.
(b) Title and risk of loss pass to you upon our transfer of the products to the
carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed.
We are not liable for any delays in shipments.
5. Manufacturer's Warranty and Disclaimers.
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.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF
IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT
APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES,
FOR ANY BREACH OF WARRANTY CLAIMS.
6. Limitation of Liability. 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.
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.
7. Goods Not for Resale or Export. You represent and warrant that you are buying
products or services from the Site for your own personal or household use only, and not for
resale or export.
8. Privacy. We respect your privacy and are committed to protecting it. Our Privacy
Policy, provided on www.qilonyc.com, governs the processing of all personal data collected
from you in connection with your purchase of products or services through the Site.
9. 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 or inability or delay in
obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown
or power outage.
10. Governing Law and Jurisdiction. This Site is operated from the US. 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 New Jersey without giving effect to any choice or conflict of law
provision or rule (whether of the State of New Jersey or any other jurisdiction) that would cause
the application of the laws of any jurisdiction other than those of the State of New Jersey.
11. Dispute Resolution and Binding Arbitration.
(a) YOU AND STEIN CHALMERS LLC ARE AGREEING TO GIVE
UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY,
OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION
WITH RESPECT TO A CLAIM. 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
(b) The arbitration will be administered by the American Arbitration
Association "AAA" in accordance with the Consumer Arbitration Rules "AAA
Rules" then in effect, except as modified by this Section 12. (The AAA Rules are
available at www.adr.org/arb_med or by calling the AAA at 1-800- 778-7879.) The
Federal Arbitration Act will govern the interpretation and enforcement of this section.
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.
(c) You agree to an arbitration on an individual basis. In any dispute,
NEITHER YOU NOR [NAME OF SELLER] WILL BE ENTITLED TO JOIN OR
CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT
OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A
CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY
GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one
person's claims, and may not otherwise preside over any form of a representative or class
proceeding. The arbitral tribunal has no power to consider the enforceability of this class
arbitration waiver and any challenge to the class arbitration waiver may only be raised in
a 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
12. Assignment. 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.
13. 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 Stein Chalmers LLC.
14. No Third-Party Beneficiaries. These Terms do not and are not intended to confer
any rights or remedies upon any person other than you.
(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
(b) To Us. To give us notice under these Terms, you must contact us as
follows: by email to [email protected] We may update the email address for notices to
us by posting a notice on the Site. Notices provided by email will be effective one
business day after they are sent.
16. Severability. 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.
Policy will be deemed the final and integrated agreement between you and us on the matters
contained in these Terms.