Terms Of Service
I. Parties
[#] Dropshipping Terms and Conditions Agreement is made and will be
binding by November [#], 2017.
Between Mağaza Adı [will be referred as Company], an organization
existing under the laws of Delaware, United States of America.
And,
[BUYER’S NAME] (will be referred as “Customer”) is a real person
resident of [COUNTRY]
II. Acknowledgment and Acceptance
Please note that by accesing, using, or purchasing any products from
this website, you (Customer) agree to be bound by its term, conditions,
disclaimers and limitations of liablity. Company reserves the right to
amend or update such terms, conditions, disclaimers and limitations of
liability at any time with noticing by updating this page. By using
website, you acknowledge you have read and understood these terms
and conditions.
III. Your Account
In order for you to create an account, we require that you provide a
valid email address and set up a password. You are responsible for
safeguarding the password that you use to access the Service and for
any activities or actions under your password. We encourage you to
use "strong" passwords (that use a combination of upper and lower
case letters, numbers and symbols) with your account. The email you
use must be one where we can reach you. In the event we cannot
correspond with you via this email address, your submitted answer may
be rejected and your account may be disabled. You agree to notify us
immediately if you suspect any unauthorized use of your account or
access to your password. You are solely responsible for any and all use
of your account. Passwords are subject to cancellation or suspension
by Website at any time.
IV. Nature of the Relationship
Nothing in this agreement is intended to, or shall operate to, create a
partnership between the parties, or to authorise either party to act as
agent for the other, and neither party shall have authority to act in the
name or on behalf of or otherwise to bind the other in any way
(including the making of any representation or warranty, the assumption
of any obligation or liability and the exercise of any right or power).
Parties will be considered as independent contractor
V. Limitation of Liablility
Nothing in this agreement limits or excludes Company’s liability for
death or personal injury caused by its negligence or fraud or fraudulent
misrepresentation.
Company shall not be liable to the Customer, whether in contract, tort
(including negligence), for breach of statutory duty, or otherwise, arising
under or in connection with this agreement for:
− loss of profits;
− loss of reputation;
− loss of sales or business;
− loss of agreements or contracts;
− loss of anticipated savings;
− loss of or damage to goodwill;
− loss of use or corruption of software, data or information;
− any indirect or consequential loss.
− fault of carriers
VI. Purchase Conditions
When you’re buying goods, you are responsible for reading every
details before commitment to buy. Price will be shown at the same
page of each product.
VII. Shipping
Shipping will be arranged by Company’s supplier. Unless it is stated
directly, packages will be sent through regular shipping. For
international shipments, Customer will be responsible for all duties and
broker fees. These charges may be billed after the order has shipped.
Customer must specify the custom declare value otherwise it will be at
our own discretion.
VIII. Responsibilities of Company
Company shall: Execute Transactions in concordance with the terms of
the Agreement, including the Technical Specifications and
Requirements for accepting bankcards in internet; Comply with the
requirements of International Card Organizations and the Payment Card
Industry data security standards, which provide secure storage of Card
data; Company undertakes not to store or otherwise retain sensitive
Card data. The Bank has the right to request documentation from
Company, certifying the compliance of Company with the Payment
Card Industry data security standards.; Accept all Cards presented for
making a Transaction that comply with the type of Cards and the
Requirements specified in the Agreement; present to the Cardholder
and the Bank all sums in the currencies indicated in the Agreement;
Authorize each Transaction; Not to carry out Transactions that are in
violation of the valid legislation, generally accepted ethics standards or
good morals; Company undertakes to maintain in a visible place of the
Point of Sale the identification marks and product names of all Cards of
International Card Organizations, which are provided in the Agreement.
For informing of the acceptance of Cards, use only promotional
materials previously approved by the Bank; Not to use two or more
Transaction Records for the receipt of a payment performed through
the use of a Card; Not to use Card data for any purpose other than the
execution of a Transaction; Ensure that all payments and claims for
payments which are made by Company as a result of the sale of goods
and/or services to the Cardholder are included in the total cost of the
Transaction. Company may not demand the Cardholder to confirm the
Transaction, before the entire sum of the Transaction is known and
made available to the Cardholder. Company is responsible to the
Cardholder for the order of the goods and/or service and the fulfilment
of warranty obligations. The Bank undertakes to accept for processing
all Transaction which are processed and submitted by Company in
accordance with the terms of the Agreement. The Bank has the right to
provide Company with compulsory instructions governing the
performance of Transactions. Company shall not be responsible for
actions of it’s supplier. Company’s role will only be acting as broker
agent.
IX. Returns
If the Company permits the return of goods after the execution of a
Transaction, Company may not make refund payments to the
Cardholder in any other way than through annulment of the Transaction
Record. If the Company permits corrections of prices and/or the
modification of an already made order, Company may not make refund
payments to the Cardholder in any way other than by performing a
partial correction of the earlier Transaction.
X. Intellectual Property
Unless otherwise noted, all materials, including images, illustrations,
designs, icons, photographs, and other written materials that are part of
the Site are copyrights, trademarks, trade dress and/or other
intellectual properties owned, controlled or licensed by https://
www.siteadı.com/. The Site as a whole is protected by copyright and
trade dress, all worldwide rights, titles and interests in and to which are
owned by https://www.siteadı.com/.
All other trademarks, service marks, product names and company
names or logos appearing on the Site are the property of their
respective owners. Any use of such trademarks, service marks, product
names and company names or logos, including the reproduction,
modification, distribution or republication of same without the prior
written permission of the owner of same, is strictly prohibited.
The materials on the Site, and the Site as a whole, are intended solely
for personal, noncommercial use. You may download or copy the
downloadable materials displayed on the Site for your personal use
only. No right, title or interest in any downloaded materials or software
is transferred to you as a result of any such downloading or copying.
You may not reproduce (except as noted above), publish, transmit,
distribute, display, modify, create derivative works from, sell or
participate in any sale of, or exploit in any way, in whole or in part, any
of the materials on the Site, the Site as a whole, or any related software
without the prior written permission of https://www.siteadı.com/.
Further, you may not frame any of the content, deep-link to the Site,
trespass or scrape the Site with automated agents without prior written
permission of https://www.siteadı.com/.
XI. Force Majeure
Neither party shall be in breach of this agreement nor liable for delay in
performing, or failure to perform, any of its obligations under this
agreement if such delay or failure results from events, circumstances or
causes beyond its reasonable control. In such circumstances the
affected party shall be entitled to a reasonable extension of the time for
performing such obligations, after immediate notification to the other
party of the nature and extent of the force majeure event, and in any
case for no longer than 3 months.
XII. Changes in Contract
No change in this agreement shall be valid unless it is in writing, signed
and ratified by each of the parties.
XIII. Third-Party Discovery
You agree to waive your right to file a pre-suit discovery proceeding
seeking a user's identifying information from Website. If you intend to
propound discovery seeking a user's identifying information, you agree
to do so pursuant to a valid Delaware subpoena, properly issued in
connection with an active lawsuit and properly served on our registered
agent in Delaware at Mağaza Adı LLC,10685-B Hazelhurst Dr. #20826
Houston, TX 77043 / USA. You further agree that discovery proceedings
arising from such subpoenas shall be brought and resolved exclusively
in the state courts located within Delaware as appropriate, and you
agree to submit to the personal jurisdiction of each of these courts for
such discovery proceedings.
XIV. Entire Agreement
This agreement and any documents referred to in it, including but not
limited to Data Privacy Agreement, constitutes the entire agreement
between the parties and supersedes and extinguishes all previous
drafts, arrangements, understandings or agreements between them,
whether written or oral, relating to the subject matter of this agreement.
Each party acknowledges that, in entering into this agreement and the
documents referred to in it, it does not rely on and shall have no
remedies in respect of any representation or warranty (whether made
innocently or negligently) that is not set out in this agreement or those
documents. Each party agrees that its only liability in respect of those
representations and warranties that are set out in this agreement or
those documents (whether made innocently or negligently) shall be for
breach of contract.
Nothing in this clause shall limit or exclude any liability for fraud.
XV. Governing Law and Jurisdiction
This agreement and any dispute or claim arising out of or in connection
with it or its subject matter or formation (including non-contractual
disputes or claims), shall be governed by, and construed in accordance
with, the law of United States of America, Delaware.
XVI. Others
Except as specifically stated in another agreement we have with you,
these Terms constitute the entire agreement between you and us
regarding the use of Website and these Terms supersede all prior
proposals, negotiations, agreements, and understandings concerning
the subject matter of these Terms. You represent and warrant that no
person has made any promise, representation, or warranty, whether
express or implied, not contained herein to induce you to enter into this
agreement. Our failure to exercise or enforce any right or provision of
the Terms shall not operate as a waiver of such right or provision. If any
provision of the Terms is found to be unenforceable or invalid, then only
that provision shall be modified to reflect the parties' intention or
eliminated to the minimum extent necessary so that the Terms shall
otherwise remain in full force and effect and enforceable. To the extent
allowed by law, the English version of this Agreement is binding and the
translations are provided for convenience only. The Terms, and any
rights or obligations hereunder, are not assignable, transferable or
sublicensable by you except with Company's prior written consent, but
may be assigned or transferred by us without restriction. Any attempted
assignment by you shall violate these Terms and be void. The section
titles in the Terms are for convenience only and have no legal or
contractual effect; as used in the Terms, the word "including" means
"including but not limited to." Please contact us with any questions
regarding these Terms by contacting us here.
These Terms of Use are effective immediately for unregistered users
and users registering accounts on or after the revision date. They will
become effective for users who registered accounts before the revision
date seven (7) days after the date we send email notice of this revision
to such users.