Terms and Conditions (FORMILA™ LLC)
1. General
These terms represent the implicit agreement (rights and obligations) between
Formila (“we”, “us” or “our”) and the purchaser
(“you”) of any products or services offered by Formila. Every time
you purchase a product or request any service from Formila, you agree to the terms
of this Agreement.
2. Applicable law
Formila is a company registered in the United States of America (“USA”).
Those who choose to access this website from other locations are responsible for
compliance with local laws if and to the extent local laws are applicable. US
Law shall govern this Agreement. You and we each submit to the exclusive jurisdiction
of the USA courts in relation to disputes arising out of this Agreement. If any
provision of this Agreement shall be unlawful, void or for any reason unenforceable
then that provision shall be deemed severable and shall not affect the validity
and enforceability of the remaining provisions.
3. Orders
Orders shall in all cases be accepted and fulfilled in accordance to our terms
and conditions of business only. Conflicting terms and conditions laid down by
the customer shall have no validity. The customer implicitly accepts these terms
and conditions when placing an order, even in cases where the order is subject
to different terms of delivery. Formila will not be obliged to supply the goods
or services submitted in your order until you have received an e-mail from Formila
accepting your order ("Order Confirmation").
4. Delivery
Delivery times quoted are estimates only, and Formila shall not be liable for
any delays caused except to the extent caused willfully or negligently by Formila.
However, unless we have agreed a longer period for delivery with you, we will
either deliver goods and/or services within thirty days of you placing the order
or we will let you know as soon as it will not be possible to meet this obligation.
If we do let you know then we will either agree a new time for delivery with you
or, at your request, refund any amount paid by you in respect of the delayed goods/services.
5. Right to cancel
You have the right to cancel any contract in the following cases:
Within seven business days from the date of delivery if Formila has supplied goods
to you;
Within seven business days from the date Formila sent you the “Order Confirmation”
if Formila has contracted to supply services to you, provided that Formila has
not started to provide those services before the cancellation period expires.
The “Cancellation Notice” should be sent by e-mail to Formila at netorders@formila.com
and must state your name, a description of the goods or services concerned as
originally stated on the “Order Confirmation”. This will assist Formila
in processing your cancellation as quickly as possible.
If Formila has supplied goods to you, you must take reasonable care of the goods
in your possession pending their return to Formila. Formila will only accept the
returned goods in their original packaging and which do not exhibit signs of wear
or tear. Any use of the delivered goods beyond that necessary to inspect the goods
on delivery will invalidate your right to cancel the contract.
You must return the goods to Formila by registered post, or similar, within five
business days from the date of the “Cancellation Notice”. You are
responsible for the cost of returning the goods to Formila and the risk of damage
to the goods in transit. If the goods are damaged in transit, Formila reserves
the right to refuse a refund and it will be your responsibility to seek compensation
from the carrier. In this case, the goods will be returned to you, as they were
received, through freight collect.
Once Formila received the returned goods in the previously appropriate stated
conditions, it will send you confirmation by e-mail that the return of the goods
has been accepted by Formila and will immediately make a refund of the contract
price to your debit or credit card used to purchase the goods.
6. Return Policy
Formila offers a thirty (30) day full refund return policy on all merchandise.
Full refund will only be processed after returned goods are analyzed and found to be undamaged.
After thirty (30) days Formila's Warranties and Liability policy (Chapter 7) applies.
7. Warranties and Liability
Formila's warranty obligations are limited to terms set forth in this warranty
statement. Formila warrants only to the original consumer purchaser that new Formila
products will be free from defects in material and workmanship for six (6) months from
date of original purchase, subject to the limitations set forth in this warranty
statement.
This warranty is not applicable to: abnormal wear and tear; damage caused during
installation/mounting of the product; modification, misuse, abuse, unreasonable
use, mistreatment or neglect; products that are determined to be stolen, damaged
by accident or other external environmental causes.
You agree that the maximum aggregate of liability of Formila in contract applies
to issues arising from or in any way connected with: Any defect in a product;
Any failure by Formila to process data, information, orders or messages correctly
or in a timely manner;
You warrant to Formila that you will insure against, or bear yourself, any loss
for which Formila has excluded liability.
Products returned that are found to be non-defective will be returned to the customer and shipped via Ground service unless customer requests otherwise and is willing to incur extra shipping costs. Expect to receive replacement goods in 5-10 business days.
Formila MUST receive original items from the customer before
replacements can be shipped out.
8. Obtaining Warranty Service
Products must be properly packaged and shipped in its original packaging to obtain
warranty service. Before returning Formila product, please contact Formila by
e-mail at info@formila.com,
by phone at +1-425-256-2041, or write to Formila Support, 16106 NE 103rd Street, Redmond, WA 98052. You may also visit our website at www.formila.com/contacts.php
for additional warranty contact information. A copy of the “Order Confirmation”
will be required for warranty service. Formila will not protect, recover, or return
data during warranty service so you should duplicate all data before shipment.
If, after inspection, the product is found by Formila not to be covered by the
warranty, it will be returned to you unrepaired through freight collect. In the
event that a replacement product is temporarily not in stock, Formila will wait
until an original replacement product is available for shipment. If, in Formila's
sole judgment, the delay will be more than 60 days or if the original product
has been discontinued, Formila reserves the right to return a replacement product
of comparable type or price. Formila will do its best to minimize any unnecessary
delays.
9. Language
In the event of conflict or inconsistency between the terms of the English language
version of this Agreement and any translation provided by us, the English language
version shall prevail.
10. Indemnity
You shall indemnify Formila and any third party (including its sub-contractors)
from and against any liability, losses, rights, expenses, loss of profits, business
interruption, consequential loss, pecuniary loss, claims or legal proceedings,
including, but not limited to claims involving defamation and intellectual property
infringement, and expenses, including legal fees, arising from your use of the
Formila website or purchase of goods and/or services from that site which are
brought or threatened against Formila or suffered or incurred by Formila by another
person or entity.
11. Copyrights
All designs, text, graphics and their selection and arrangement on this site are
the copyright of Formila. As a visitor to the Formila’s website you are
licensed to copy electronically or to print portions of this site for your own
personal, non-commercial use. Any other use of materials on this website without
Formila’s prior written consent is strictly prohibited.
12. IMPORTANT PRIVACY NOTICE
The information you provide to Formila is for the purposes of processing your
orders or enquiry and keep you informed of upcoming products, services, offers
and events. We do not take part in spam advertising. We don't share ANY private
customer information or disclose that information to any entity other than the
Postal Carriers. The provision of your personal information is voluntary and you
have the right to correct it in the case it is inaccurate or out of date. Please
direct any queries by email to info@formila.com.
Last revised June 15, 2006.
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