Terms of Sale
LAST UPDATED: November 10, 2010
When you purchase a product listed as being for sale on www.oStylus.com (the "Site") you are purchasing the product from oStylus Design Studio ("oStylus").
These Terms of Sale apply to the purchase that you are making today. Please print a copy of them for your records.
For the purposes of these Terms of Sale, the word "you" means the individual purchasing a product from OStylus via the Site, and, if applicable, includes any other legal entity on behalf of which the individual is purchasing the product via the Site. Additionally, you agree not to access the Site on behalf of any other legal entity unless you have the authority to bind that legal entity to these Terms of Sale.
You represent and warrant to and covenant with OStylus that you are over eighteen (18) years of age.
Please note that all prices listed on the Site are in United States or Canadian dollars as specified.
Placing an Order
You may place an order (i) using the PayPal links on the Site, setting out your name, the product(s) that you wish to purchase, and the address to which you are instructing OStylus to ship them; and (ii) using PayPal to pay the applicable amount to OStylus. OStylus will send a confirmation email to you that will set out the order reference number, the amount of the shipping charges and Taxes applicable to your order, and a copy of these Terms of Sale. You must read and agree to these Terms of Sale before placing an order. If you refuse, your order will be cancelled. Once oStylus receives confirmation of the full amount, OStylus will prepare the products that you ordered for shipping, and when they are ready, OStylus will ship the product that you ordered to the address specified in your order. You agree that you have read the web site and understand any delays in shipping.
You are responsible for paying all taxes applicable to your purchase including all applicable sales, use, transfer, value-added, goods and services and/or harmonized sales taxes and all similar taxes, including all those levied by federal, state, provincial or local authorities (collectively, "Taxes"), other than taxes levied on the net income of OStylus. Such Taxes will vary according to the location to which your purchase is being shipped. If applicable, based on the location to which you are asking OStylus to ship the products ordered, you may also be required to pay to the applicable government authority, at the time of delivery of your purchase, export taxes, duties or other Taxes that are not feasible for OStylus to calculate in advance. You are solely responsible for any such payment.
OStylus currently offers shipping via Canada Post through PayPal's web site. As part of the ordering process, the standard Canada Post shipping charges applicable to your order will be confirmed with you. You are responsible for payment of all other shipping and handling charges incurred in the process of delivering your order.
Risk of loss or damage with respect to products purchased via the Site remains with OStylus until the products are delivered to Canada Post.
OStylus shall not be liable for delays in shipment or failure to ship by the estimated ship date.
Determining the Status of an Order
To determine the status of your order, please contact OStylus by email at agoss@oStylus.com.
When contacting oStylus, please have your order reference number, order date, and email address used with PayPal available. The order reference number is found at the top of the confirmation email that you received when you placed your order.
Canceling an Order
To cancel your order, please contact OStylus by phone at 1-519-371-1857 as soon as possible after submitting your order. If the order has not yet been shipped when OStylus receives your request, OStylus will use reasonable efforts to cancel the order and refund your payment.
When contacting OStylus, please have your order reference number, order date, and email address available. The order reference number is found at the top of the confirmation email that you received when you placed your order.
Returns and Exchanges
When you receive your shipment, we ask that you examine it closely prior to opening the sealed product packaging. Once the sealed product packaging has been opened, the product may only be returned if it is defective.
In order to return any product purchased via the Site, you must obtain an authorization from OStylus to do so, a "Return Merchandise Authorization" or an "RMA". IMPORTANT: Products purchased via the Site and returned without an RMA number may be refused, and no refund or exchange will be offered for such products.
If you require an RMA, please contact OStylus by email at agoss@oStylus.com or by phone at 1-519-371-1857. When contacting OStylus, please have your order reference number, order date and email address used with PayPal available. The order reference number is found at the top of the confirmation email that you received when you placed your order.
It will take approximately two (2) business days before an RMA is issued to you. Your RMA number is valid for fourteen (14) days.
If you wish to return a product purchased via the Site to OStylus and the sealed product packaging is unopened, you may do so by obtaining an RMA and shipping the item to the location set out in the RMA so that it is received at that location by the earlier of the following dates: (i) the date thirty (30) days after the date that the product was shipped to you; and (ii) the date fourteen (14) days after the RMA was issued to you. If you do so, OStylus will refund the amount that you paid for the product. OStylus will not refund any amounts paid for shipping or handling, unless the product is being returned because OStylus shipped the wrong product to you and the product is being returned to OStylus in the sealed packaging.
If you wish to return a product purchased via the Site to OStylus and the sealed product packaging has been opened, you must obtain an RMA and the product must be returned in the same condition as it was when it was purchased and all accessories, manuals, warranty cards, other product documentation and the packing slip with which it was shipped must be returned with the product. If you are returning the product, you must ship the product together with all accessories, manuals, warranty cards, other product documentation and the packing slip with which it was shipped to the location set out in the RMA so that it is received at that location by the earlier of the following dates: (i) the date thirty (30) days after the date that the product was shipped to you; and (ii) the date fourteen (14) days after the RMA was issued to you. If you do so and the product is in the same condition as it was when it was purchased, OStylus will refund the amount that you paid for the product. OStylus will not refund any amounts paid for shipping or handling, unless the product being returned is defective.
IMPORTANT: In the event that a returned order has items missing, the return may be refused, or the value of the missing materials may be deducted from the amount refunded.
IMPORTANT: When shipping an item to OStylus for return, you accept all risk of loss or damage during shipment, and OStylus will not reimburse you for your shipping charges unless the RMA expressly states otherwise.
If you are returning a product purchased via the Site and would prefer an exchange rather than a refund, OStylus will gladly arrange an exchange. The process is the same as returning a product for a refund except that the applicable RMA will state that an exchange is requested instead of a refund. When OStylus ships a new product to you as part of an exchange, OStylus will pay the shipping charges.
When OStylus refunds any amount with respect to a purchase, the refund will be made through PayPal or by cheque (in OStylus' sole discretion).
When you purchase a product via the Site, title to the product passes to you on the later of the following dates: (i) the date on which OStylus is paid in full for the purchase; and (ii) the date on which OStylus ships the product to the shipping address set out by you in your order.
Adding and Discontinuing Products
OStylus may revise and discontinue products at any time without prior notice to customers.
OStylus uses reasonable efforts to ensure that the prices for products provided via the Site are accurate. In the event that an error does occur, OStylus reserves the right to cancel any affected order regardless of whether or not OStylus has sent one (1) or more emails confirming the order. If your order is cancelled because of a pricing error, OStylus will send an email to the email address that you supplied with your order informing you that the order has been cancelled.
OStylus warrants that when used for the purpose for which it was designed, each of its products will perform substantially as it was designed to do for a period of 12 months, which period begins on the date on which the product was shipped to you. If the product does not do so, OStylus has the sole discretion to: (i) repair the product; (ii) replace the product with an equivalent product; or (iii) refund the amount paid by you for the affected product if OStylus is unable to repair or replace the product. OStylus has no obligation to repair, replace, or refund until OStylus receives the affected product. For greater clarity, the warranty set out in this section does not apply to defects caused by improper storage, contact with liquid or humidity, unauthorized modifications, misuse, neglect, abuse, misapplications, accidents, improper installation, or abnormal operating conditions.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, OSTYLUS SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS WITH RESPECT TO THE PRODUCTS PURCHASED THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE GENERAL CONTENT; AND (ii) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Some jurisdictions do not allow limitations on implied warranties. If any jurisdiction having applicability to these Terms of Sale does not permit such limitations on implied warranties, the warranty set out in the first paragraph of this section will apply.
OStylus will provide technical support by email sent to agoss@oStylus.com. OStylus uses reasonable efforts to reply to such requests for support within seven business days.
Not For Resale
You represent and warrant to and covenant with OStylus that you are not purchasing products via the Site solely for resale.
You acknowledge that certain products that may be purchased via the Site may be subject to export control laws. You agree to abide by all such laws.
Limitation of Liability
IN NO EVENT WILL OSTYLUS, ITS REPRESENTATIVES OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING FROM OR RELATING TO ANY PURCHASE MADE VIA THE SITE, ANY PRODUCT PURCHASED VIA THE SITE OR THESE TERMS OF SALE, INCLUDING WITHOUT LIMITATION, ANY DAMAGE IN RESPECT OF LOSS OF REVENUES, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, DEATH, PERSONAL INJURY OR PROPERTY DAMAGE, EVEN IF OSTYLUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BY YOU OR ANY OTHER PERSON.
WITHOUT LIMITING THE PRECEDING PARAGRAPH, THE LIMIT ON THE TOTAL CUMULATIVE LIABILITY OF OSTYLUS (INCLUDING ITS REPRESENTATIVES AND SUPPLIERS) TO YOU OR ANY PERSON, FOR ANY CLAIMS ARISING FROM OR RELATING TO THE PURCHASE OR USE OF ANY PRODUCT OR THESE TERMS OF SALE, WILL NOT EXCEED THE AMOUNT PAID TO OSTYLUS BY THE PURCHASER OF THE PRODUCT (LESS SHIPPING, HANDLING AND TAXES) FOR THE PRODUCT DEPRECIATED ON A STRAIGHT LINE BASIS OVER A PERIOD OF TWELVE (12) MONTHS FROM THE DATE OF PURCHASE.
The limitations set out in the preceding two paragraphs will apply regardless of the causes or circumstances giving rise to the claim, even if such claim is based on breach of contract, negligence or other tort, and will survive a fundamental breach or failure of essential purpose of any limited remedy or these Terms of Sale.
Some jurisdictions do not allow the exclusion of incidental, special or consequential damages. If any jurisdiction having applicability to these Terms of Sale does not permit any such exclusion or limitation, OStylus' total liability to you in connection with any incidental, special or consequential damages will be limited by the second paragraph of this section.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising from or relating to any product purchased via the Site, any purchase or these Terms of Sale, must be filed within one year after such claim or cause of action arises or be permanently barred.
When you use the Site to purchase any product from OStylus, your actions are governed both by the terms and conditions that apply to using the Site (the "Website Agreement") and these Terms of Sale. For greater clarity, when making a purchase from OStylus via the Site, should these Terms of Sale and Website Agreement be inconsistent or conflict, the inconsistent or conflicting provision in the Terms of Sale shall prevail to the extent necessary to resolve the conflict.
You agree that any contribution made by you to any improvement of the Site, OStylus' products, OStylus' services or any other works for which OStylus owns the intellectual property rights, will not give or grant you any right, title or interest in such improvements, and to the extent that all intellectual property rights in and to such improvement does not immediately vest in OStylus, you, upon creation of such works, assign any and all right, title, and interest (including all intellectual property rights) that you possess in the improvement to OStylus. Upon request by OStylus, you will execute any document, registration or filing required to give effect to the foregoing assignment, and you represent and warrant to OStylus that you have obtained waivers of all rights of integrity and all other moral rights in the improvement, which waiver may be invoked by OStylus (including its successors and assigns) without restriction.
Changes to the Terms of Sale
OStylus may change this Terms of Sale from time to time and at any time. When OStylus changes this Terms of Sale, OStylus will:
post the updated version of the Terms of Sale on the Site together with the date on which it was revised; and
on the home page for the Site for at least thirty (30) days following any change to the Terms of Sale post a notice that the Terms of Sale has been updated.
Each time that you make a purchase, you will be asked to actively confirm your consent to the then current version of the Terms of Sale. If you do not agree with the revised Terms of Sale without qualification, do NOT proceed with your planned purchase.
For more information, please contact:
Address: oStylus Design Studio, 781 Second Avenue West Owen Sound ON N4K4M2 Canada
BY CLICKING THE "I AGREE" LINK, WHICH TAKES YOU TO THE ORDER DETAILS PAGE, YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTOOD THIS TERMS OF SALE AND THAT YOU AGREE TO BE BOUND BY IT WITHOUT QUALIFICATION. IF YOU DISAGREE WITH ANY TERM OR CONDITION OF THIS TERMS OF SALE, DO NOT CLICK THE "I AGREE" LINK AND DISCONTINUE USING THE SITE.
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