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

IT CAREFULLY. 

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

CONDITIONS.

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

changes.

These Terms are an integral part of the Website Terms of Use that apply generally

to the use of our Site. You should also carefully review our Privacy Policy before placing an

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

govern.

(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

ARBITRATION.

(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

enforced.

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.

15. Notices.

(a) To You. We may provide any notice to you under these Terms by: (i)

sending a message to the email address you provide or (ii) by posting to the Site. Notices

sent by email will be effective when we send the email and notices we provide by posting

will be effective upon posting. It is your responsibility to keep your email address

current.

(b) To Us. To give us notice under these Terms, you must contact us as

follows: by email to info@qilonyc.com. 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.

17. Entire Agreement. These Terms, our Website Terms of Use and our Privacy

Policy will be deemed the final and integrated agreement between you and us on the matters

contained in these Terms.