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Wholesale Program

California Proposition 65


 

Policy & Agreement

(1)    Introduction

 

Please read these terms of sale carefully. 

 

You will be asked to expressly agree to these terms of sale before you place an order for products from our website or through purchase order. 

 

(2)    Interpretation

 

In these terms of sale, “we” means "Cable Matters Inc." (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).

 

(3)    Order process

 

The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer.  No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

 

In order to enter into a contract to purchase products from us, you will need to take the following steps: (i) you must add  the products you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; (iii) once you are logged in, you must select your preferred method of delivery and choose your payment method and confirm your order and your consent to these terms of sale; (iv) you will then submit your order; (v) we will then send you an initial acknowledgement; and (vi) once we have checked whether we are able to meet your order, we will either send you an order fulfilment email (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

 

We will not file a copy of these terms of sale specifically in relation to your order.  We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible.  We therefore recommend that you download, print and retain a copy of these terms of sale for your records.

 

The only language in which we provide these terms of sale is English.

 

Before you place your order, you will have the opportunity of identifying whether you have made any input errors by order review page.  You may correct those input errors before placing your order by backward to preview order page.

 

(4)    Price and payment

 

Prices for products are quoted on our website.  The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect.  We will verify prices as part of our sale procedures so that a product's correct price will be stated when you pay for the product.

 

In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the product.

 

Payment must be made upon the submission of your order.  We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.

  

Payment for all products must be made by "Cable Matters Inc." accepted payment methods.

 

Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.

 

(5)    Your warranties

 

You warrant to us that:

 

(a)     you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;

 

(b)     the information provided in your order is accurate and complete;

 

(c)     you will be able to accept delivery of the products;

 

(d)     you are resident in United States;

 

(e)     you are at least 18 years of age.

 

(6)    Delivery policy

 

We will arrange for the products to be delivered to the address for delivery indicated in your order.

 

We will use reasonable endeavours to deliver products on or before the date for delivery set out in our shipping term and policy.  However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 1 business days of the later of receipt of payment and the date of our order confirmation.

 

We will only deliver products within United States.

 

(7)    Risk and ownership

 

The products will be at your risk from the time of delivery.  Ownership of the products will only pass to you upon the later of:

 

(a)     delivery of the products; and

 

(b)     receipt by us of full payment of all sums due in respect of the products (including delivery charges).

 

We will be entitled to recover payment for the products even where ownership has not passed to you.

 

(8)    Return period

 

You may return your order within 30 days after the date of invoice.

 

If you want to return your order on this basis, you must inform us in email and return the products to us immediately, in the same condition in which you received them.  Products returned by you in accordance with this Section will be refunded in full except shipping and handling fee.  However, you will be responsible for paying the cost of returning the product to us. A 15% restocking fee will be applied to all returns for a refund if the electronic products are returned.

 

If you issue a return process on this basis and you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so.  Similarly, if you return the products at our expense, we may pass that expense on to you.

 

(9)    Statutory rights

 

Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).

 

(10)  Refunds

 

If you return you order and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 5 business days of the date we received your valid return order.

 

(11)  Limitations of liability

 

Nothing in these terms of sale will limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any matter for which it would be illegal to limit or exclude, or attempt to limit or exclude, liability.

 

Subject to this, the products we sell are intended for personal use only and we will not be liable for any business losses (including without limitation loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time).

 

(12)  General terms

 

Images of products on our website are for illustrative purposes; actual products may differ from such images.

 

We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy.
 

Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us.  We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

 

If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

 

No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.

 

You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale.   Any attempt by you to do so will be null and void.  We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.

 

Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

 

Subject to the first paragraph of Section 12: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.

 

These terms of sale will be governed by and construed in accordance with United States law.

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