DISCLAIMER, WARRANTIES AND TERMS OF SALE
Your purchase of products of ACYCIA USA, CORP., (“ACYCIA”), whether in person, by telephone, by mail, by fax, or over the Internet, legally binds you and your heirs, assigns, transferees, and personal representatives as are governed by but not limited to the policies, terms, and conditions set forth below. Please read them carefully. By purchasing products from ACYCIA, you indicate your acceptance of, and agreement to be bound by, the terms and conditions set forth below (also referred to as this “Agreement”). If you do not agree to these terms and conditions, please do not enter an agreement to purchase goods from ACYCIA. This Agreement shall supercede any prior or subsequent terms or conditions included with any communications, agreement, purchase order, or invoice, whether or not such terms or conditions are signed by ACYCIA. ACYCIA reserves the right to make changes to these terms and conditions at any time, as per the commercial and sales policies of ACYCIA. Any such modifications will become effective upon the date they are first posted in this document.
USPACKSMART Return Policy
Items shipped from USPACKSMART can be returned within 30 days of receipt of shipment. You must contact us via email to firstname.lastname@example.org with your request, including your order number and reason for the return. It can take up to 20 days for an item to reach us once you return it. Once the item is received at our fulfillment center, it takes 2 business days for the refund to be processed and 3-5 business days for the refund amount to show up in your account. USPACKSMART will provide a prepaid return label for you to use once the return is approved. If you return a defective, damaged or incorrect item, you’ll be refunded the full product price once your return is processed.
If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this agreement, the prevailing party shall be entitled to reasonable attorney fees, which may be set by the court in the same action or in a separate action for that purpose, in addition to court cost and any other relief to which the prevailing party may be entitled. Any action by either party would be settled in the Courts of the jurisdiction of ACYCIA.
Cancellations or returns
Any Contract, purchase or purchase order may not be cancelled or returned by the Purchaser unless ACYCIA gives authorization in writing. If cancellation or return is approved by ACYCIA, it will be based upon payment of reasonable overhead expenses and profits.
ACYCIA guarantees that all of the products are MANUFACTURER as per our corporate standards and MUST be inspected as soon as they are received at its destination. No credit will be given on the products if these are discarded or consumed partially. The product must be maintained exactly as received in case of returns. All of the claims must be done within the next 24 hours upon receipt and a written authorization code must be issued by ACYCIA for each case, otherwise, it will be understood that the purchaser had accepted the product and ACYCIA will not have any responsibilities or obligations regarding returns or cancellation of that product.
Also, if the package has arrived damaged or altered, the purchaser must notify immediately to the Consumer Department of the transport company. Any delay in doing this notification will be making more difficult to proceed with the claim.
Due/Delivery dates are estimates and are based upon prompt receipt of all products from the manufacture, and any necessary information.
ACYCIA shall not be liable for delays due to causes beyond its reasonable control such as the acts of God, acts of the Purchaser, acts of civil or military authorities, priorities, fires, strikes, floods, epidemics, quarantine restrictions, war, riots, delays in transportation, delays in customs, car shortages, and inability due to reasons beyond its reasonable control, to obtain necessary labor, material, or manufacturing facilities. In the event of any such delay, the date of delivery shall be extended for a period equal to the time lost by reason of the delay.
Delays in shipments caused by freight carriers are not the fault of ACYCIA. ACYCIA will not be held responsible for delays by freight carriers. All claims for any damages sought for delayed goods should be made to the shipping carrier. ACYCIA does not represent in any way that compensation for damages due to delay is either warranted or due to our customers.
If the customer wishes to add insurance to the shipment for the actual value of the contents it must brought to the attention of ACYCIA at the time of ordering. Title to the goods passes to the buyer as per the terms and conditions of the purchase provided in the purchase order accepted by ACYCIA. Deductions from your invoice for breakage or shortage are not authorized. Any such claims will be made to ACYCIA within 24 hours of delivery.
Disclaimer and Limitation of Liability
THE INFORMATION, PRODUCTS, SERVICES OR OTHER MATERIALS ON ACYCIA NETWORK OF SITES ARE PROVIDED “IN THE PROPER MAINTENANCE CONDITIONS OF THE PRODUCT” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NO INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPTO FOR THE MANUFACTURE WARRANTY ALREADY PROVIDED. IN NO EVENT SHALL ACYCIA BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCTS, EVEN IF ACYCIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU TO THE EXTENT SUCH LIMITATION IS APPLICABLE. ACYCIA FURTHER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, LINKS OR OTHER ITEMS CONTAINED WITHIN THE ACYCIA NETWORK.
The validity of this agreement and of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be interpreted and construed to and in accordance with the laws of the State of Florida to which all the parties expressly accept.
Prices of all goods do not include any allowances for special packing/crating/handling or insurance charges. The Purchaser assumes all responsibility for these charges as shown on the ACYCIA’s invoice. The purchaser expressly accepts that none of the product sold by ACYCIA may be re-packed or re-crated in any form. Also, the purchaser may not do any of the actions mentioned before that implies the change of name or trademark in any of the products.
Price & Design
Prices, specifications, and designs, are subject to change without notice. Unless stated otherwise in writing.
Price lists, catalogs and online pricing are intended for distribution of general information and are not quotations or offers to sell on the part of the ACYCIA.
ACYCIA wishes to make clear that any prices seen on the internet are not guaranteed. We reserve the right to change our pricing at any time that we see fit.
Written quotations are subject to change without notice and become void unless accepted by the purchaser within 7 days. Oral quotations are given for estimating purposes only and are not valid unless confirmed in writing by the ACYCIA.
Replacement of Defective Material
ACYCIA agrees to correct and shall have the right to correct by replacement at our own expense at our option, any defects in said goods which is due to ACYCIA fault or negligence of the Manufacturer of the goods provided the Purchaser inspects the goods upon delivery and notifies the ACYCIA within 24 hours of delivery as to the defect.
ACYCIA shall have the right to inspect the goods prior to making any decision on such defects. When inspection proves the claim, and provided further that during said period said goods are properly cared for. The correction of such defects by replacement by ACYCIA shall constitute fulfillment of all obligations to the Purchaser. It is the purchaser responsibility to provide ACYCIA with a correct address for delivery and make sure that there will be somebody authorized to accept the product.
Sales and Similar Tax
The Company’s prices do not include sales, use, excise or similar taxes. Consequently, in addition to the price specified, the amount of any present or future sales, use excise or similar tax applicable to the sale of the goods shall be paid by the Purchaser, or in lieu thereof the Purchaser shall provide ACYCIA with a tax exemption certificate (resale number) acceptable to the taxing authorities.
Site Content and Information
ACYCIA USA Network of web sites contains information, advice, text, and other materials (ACYCIA Information) that are provided for your convenience and enjoyment. You should be aware that the ACYCIA Information may contain errors, omissions, inaccuracies, or outdated information. ACYCIA makes no representations or warranties or guarantees as to the completeness, accuracy, adequacy, currency, or reliability of any ACYCIA Information and shall not be liable for any lack of the foregoing. ACYCIA is not engaged in rendering legal, accounting, or other similar advice or professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by ACYCIA, CORP ACYCIA, CORP has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that ACYCIA, CORP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Terms of Payment
Pre-payment terms for all orders unless specified in writing by ACYCIA. Payments methods that are acceptable COD and CASH ONLY. Checks and NET terms are given to accounts with prior credit approval. Accounts with past due balances will be placed on credit hold. COD accounts may not have drop shipments without prior approval from the ACYCIA. COD orders must have verbal or written (faxed) authorization on dollar amount before order will ship. Prices and discounts/specials are subject to change without prior notice. 2% interest (24% per annum) will be charged on overdue balances. This amount is retroactive to the delivery date if payment is not made in the prescribed amount of time. Purchaser agrees to pay the cost of collection on past due invoices, reasonable court costs and attorney’s fees as a result of any legal action taken to collect on overdue invoices.
Title of goods sold
The title and right of possession of the goods sold shall remain with ACYCIA and such goods shall remain personal property until all payments (including deferred payments whether evidenced by notes or otherwise) shall have been made in full in cash and the Purchaser agrees to do all acts necessary to perfect and maintain such right and title with ACYCIA.
This agreement has all of the complete terms and conditions that regulate the commercial relationship between the purchaser and ACYCIA. None of the terms and conditions herein provided may be modified, change, terminated expressly or not, without a written document between the parties for said purpose.
The Service and its original content, features and functionality are and will remain the exclusive property of ACYCIA, CORP and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ACYCIA, CORP.
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.