Before placing an order, you will be asked to agree to these Terms. In the event of a conflict between these Terms of Sale and any one of the Additional Policies, these Terms of Sale will apply. The Terms are limited to those herein and any additional or alternate terms in any formed delivered by You are a material change to these terms and are hereby rejected.
We reserve the right to change the Terms of Sale and/or the Additional Policies at any time without any notice. Any changes to the Terms of Sale or the Additional Policies will be effective for all new orders placed after the change is published on the Site. You should check the Terms of Sale and Additional Policies posted on the Site before each order – they may have changed since your last visit.
If we have to revise these Terms of Sale as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the order if you do not agree with the changes. You may cancel either in respect of all the affected products or just the products you have yet to receive. If you opt to cancel, you will have to return (at Your cost) any relevant products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges. Nothing in these Terms of Sale or the Additional Policies will affect your statutory rights. If you have any questions about the Terms of Sale, any of the Additional Policies, the products or the Site please contact us by visiting us at http://i-blades.com. Alternatively you can contact us by e-mail at email@example.com.
I-BLADES company details
127 Spring Street, Ste 120, Pleasanton, CA 94566
Email: firstname.lastname@example.org Tel: +16509063676
The following definitions and rules of interpretation apply to these Terms:
ORDER means any order made by You for Our Products through Our Website, incorporating these Terms.
ORDER CONFIRMATION means Our written confirmation of the Order, incorporating these Terms;
PRICE means the price payable by You for the Products, as notified by i-BLADES;
PRODUCTS means any goods to be supplied to You by i-BLADES under the Contract;
Information provided on the site
We try to make sure that all information on the Site, including descriptions of our products and listed prices, is accurate and correct at all times. However, you should be aware that:
- Pictures and images on the Site are for illustration purposes only. and shall not form part of the Contract. Although we have made every effort to display the colours accurately, Your Products may vary slightly from those images displayed. The packaging of the Products may vary from that shown on Our Website.
- All products are subject to availability and we may not be able to supply your order. We reserve the right to withdraw any products from sale at any time, and our only liability to you for withdrawing any products will be to refund to you any money paid to us in respect of those products including any delivery costs charged as soon as possible.
- We reserve the right to adjust prices, products and special offers at our discretion, but changes will not affect any order you have already placed.
Placing your order
- Once you have selected the products which you would like, you will be asked to register with us by completing a registration form. Registration is not required; however we encourage registration in order to facilitate the checkout process during future orders on the Site. You always have the option to complete your order as a “guest” without registering on the Site. You will also be asked to provide details about your debit or credit card in order to allow us to take payment for those products that have been ordered. Where we use a third party card authorisation service to verify that your details are correct and to administer payment on our behalf, your personal details, including your credit card details, will be transferred to such third party and you specifically consent to your data being transferred for such purposes.
- Our Website shopping pages will guide You through the steps that You need to take to place an Order with Us. Our order process allows You to check and amend any orders before submitting Your Order to Us. Please check the details of Your Order at each stage of the ordering process.
- Each Order shall be deemed to be an offer by You to purchase the Products from Us, subject to these Terms. No Order placed by You shall be deemed to have been accepted by Us, and no Contract shall be formed, until an Order Confirmation has been issued by Us to You. Where you order more than one item, your Order comprises a series of offers for each item individually.
- The Price for the Product does not include delivery charges. Our delivery charges are as advised to You during the check-out process, before You confirm Your Order.
- All orders are subject to acceptance by us. Except as set out in these Terms of Sale, we will confirm acceptance to you by sending you an email that confirms that the products ordered by you have been dispatched (the “Shipping and Invoice Confirmation”). The contract between you and us, which shall incorporate these Terms of Sale, will be formed only when we issue the Shipping and Invoice Confirmation to you. The contract will relate only to those products whose dispatch we have confirmed in the Shipping and Invoice Confirmation. We will not be obliged to supply any other products which may have been part of your order, until the dispatch of such products has been confirmed in a separate Shipping and Invoice Confirmation. The Shipping and Invoice confirmation will include information of the items actually shipped at that time only.
- We will contact you if we have any problems taking payment from the card details you provide during the order process.
- We will take payment from your credit or debit card at the time your order is placed.
- Except where otherwise set out in these Terms of Sale, the price payable by you for the products is the price given by the Site at the time you place your order.
- The Price for the Product will be as quoted on the Website at the time You submit Your Order. Unless agreed otherwise in writing by Us, all Prices are shown and payable in Dollars.
- You are responsible for payment of any importation taxes, sales taxes or other charges which may be applied when the delivery reaches that destination. Please note that We have no control over these charges and We cannot predict their amount. You must comply with all applicable laws and regulations of the country for which the Products are destined.
- We have the right to vary the Price of the Products from time to time on reasonable notice to You but We shall not exercise Our right to vary the Price of the Products after We have issued an Order Confirmation.
- Whilst We endeavour to ensure that all Prices displayed on Our Website are accurate, errors may occasionally occur. We shall inform You as soon as We become aware of an error in the pricing of a Product. [In the event of an error in the pricing of a Product which results in the Price of a Product being displayed at an incorrect Price], We shall also request Your confirmation as to whether You wish to proceed with the Order at the correct price or whether You wish to cancel Your Order. If We are unable to contact You for any reason, Your Order will be deemed cancelled. Any monies paid in respect of cancelled Orders shall be refunded in full within 30 days from the date of cancellation. Please note in all cases that if the pricing error is obvious and unmistakable and could have reasonably been recognized by You as a mispricing, We do not have to provide the Products to You at the incorrect (lower) price.
- If you decide to cancel your order after we have informed you of a pricing error and you have already paid for the products, we will give you a full refund as soon as reasonably possible (and in any event within thirty (30) days of cancellation).
- Delivery of the Products shall take place once i-Blades gives the Product to the carrier. It is Your responsibility to ensure that the address of the Delivery Location is accurate. We shall not be responsible if this Delivery Location is incorrect, or any damage that occurs in transit.
- Delivery times or dates in respect of deliveries are estimates only and are not guaranteed.
- The current pre-order status of the product gives an estimated availability date only upon which we aim to deliver the Products. The estimated delivery date is provided at the time of Your Order. This is an estimate only and not a promise to deliver by a certain date.
- On delivery you will be required to check the condition of the packaging and whether the correct number of packages have been delivered. Missing items will be re-ordered and damaged/incorrect items will be returned and, subject to these Terms of Sale, replaced and delivered free of charge.
- We shall be entitled to deliver the Products in separate instalments. Any delay or failure by i-BLADES to deliver, or any claim by You in respect of any one or more of the instalments in accordance with these Terms, shall not entitle You to treat the Contract as a whole as cancelled.
- We reserve the right, at Our sole option, to cancel or withhold the delivery of any Products, in whole or in part:
- (i) until receipt of Your payment for the Products and any applicable delivery charges;
(ii) if We are affected by an Event Outside Our Control, as described later.
- If, for any reason, you fail to take delivery of any of the Products on the date of delivery, or We are unable to deliver the Products because You have not provided appropriate instructions, documents, licences or authorisations, We may store the Products until delivery at a later date, at Your cost (including but not limited to storage and insurance costs). If You fail to take delivery of the Products (or in the event that our courier has notified YOU of where and when the Products can be collected, if you fail to collect the Products) within fourteen (14) days following the date of the first attempted delivery, We may cancel the Contract and sell the Products to someone else.
All packages shipped from i-Blades are inspected prior to shipment. However, from time to time, damage during shipping may occur. Packages that are obviously damaged should be refused upon original delivery attempt. If the package is accepted, then any damage should be noted on the carrier delivery record prior to the driver leaving your premises. Any hidden or internal damage to any product must be reported to i-Blades within the first 7 days of receipt to arrange for a carrier inspection and return of the damaged product(s). Please save the product, the shipping carton and all manufacturer packaging. Timely receipt of this information is necessary for i-Blades to file a damage claim. Failure to notify i-Blades of damage within this time period will be deemed an acceptance of the product, and standard return policies will apply.
Your right of cancellation, return and refund
If you are a consumer, you have a legal right to cancel this Contract at any time from the date of the Order Confirmation (the date on which We e-mail You to confirm Our acceptance of Your Order), which is when the Contract is formed. The deadline for cancelling the Contract is:
- 14 days after the day on which You receive the Product; or
- 14 days after the day on which You receive the last instalment of the Product, where an Order is delivered in instalments on separate days;
This means that if You change Your mind or decide for any other reason that You do not want to receive or keep a Product at any time during the relevant period specified above, You can notify Us of Your decision to cancel the Contract and receive a refund.
If You wish to cancel the Contract, You just need to let Us know. Please use the cancellation form on Our Website, email us email@example.com or write to us at i-BLADES, 1525 MCCARTHY BLVD, Suite 1032 MILPITAS,CA, 95035-7451.
If You cancel Your Contract We will:
(i) refund You the Price You paid for the Products excluding delivery costs incurred by Us (and less any deduction that We are lawfully permitted to make to reflect any reduction in the value of the Products where this reduction in value has been caused by Your handling of the Products in a manner that goes beyond that necessary to establish their nature, characteristics and functioning);
We will make any refunds due to You within the following timescales:
(i) if You have received the Product, within 14 days after the day on which We receive the Product back from You; or,
(ii) if You have not received the Product, within 14 days after You inform Us of Your decision to cancel the Contract.
- A customized product or product that has been damaged/abused may not be returned under any circumstances. For all other products, if the item is returned in the original packaging, we will provide you a refund based on your original method of payment. We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the product we may refund you in vouchers.
- The easiest way to do this is to complete the Cancellation Form on our Site. If you use this method we will e-mail you to confirm we have received your cancellation.
You can also e-mail us at firstname.lastname@example.org, by telephone on +16509063676 or by post to1525 MCCARTHY BLVD, Suite 1032 MILPITAS,CA, 95035-7451.
- If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
If You have returned the Products to Us because they are faulty or mis-described, We will refund the Price of the Products in full, together with any applicable delivery charges and any reasonable costs You incur in returning the Products to Us. We will refund You on the payment card that You used to make payment originally.
If a Product has been delivered to You before You decide to cancel the Contract:
(i) You must return it to Us within 14 days after the day on which You let Us know that You wish to cancel the Contract.
(ii) unless the Product is faulty or mis-described, then You will be responsible for the cost of returning the Products to Us.
We are entitled to terminate the Contract immediately on written notice if:
(i) You fail to observe or perform any of Your obligations under the Contract; or
(ii) You are late in paying, or do not pay, any monies due to Us from You.
General terms about our relationship with you
You expressly acknowledge and agree that, in entering into the Contract, You do not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding not expressly set out in the Contract.
Our liability to you
- TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL i-BLADES, OR THEIR EMPLOYEES, OFFICERS, DIRECTORS OR INVESTORS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PRODUCT, EVEN IF i-BLADES WAS AWARE OF YOUR INTENDED USE OR THE POSSIBILITY OF SUCH DAMAGES. IN NO CIRCUMSTANCES WILL i-BLADES’ LIABILITY TO YOU EXCEED THE PRICE YOU PAID FOR THE PRODUCT.
- We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Despite the limitations above, we do not in any way limit our liability to you for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession), any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples) and defective products under the Consumer Protection Act 1987 for which we are responsible.
- Where you buy as a consumer, these Terms of Sale and the Additional Policies will not affect your rights under law which cannot be otherwise excluded.
Details of your warranty rights in respect of each product type are set out in our Warranty Policy. These warranties are in addition to and do not affect your rights as a consumer.
i-Blades is the owner and/or licensor of certain intellectual property rights contained in the Product. i-Blades grants you the right to use the Product as intended.
Subject to the terms and conditions contained herein, i-Blades grants to you a limited, non-exclusive, non-sublicensable non-transferrable, royalty-free license under i-Blades’ intellectual property rights to use the software solely as provided for your personal use.
i-Blades and/or its licensors retain all rights in the software and other intellectual property contained in the Product. Nothing in the licences granted to You, or anything in this Agreement, are intended to alter those rights. You may not modify, adapt, translate or create derivative works of the Software or other intellectual property contained in the Product. No source code is provided under this Agreement. You may not reverse engineer, disassemble, decompile, rent, lease or encumber the Software or other intellectual property contained in the Product. You may not embed or combine the Software or the Product with any other device.
Events beyond our reasonable control
- We will not be responsible for any delay or failure to comply with these Terms of Sale or the Additional Policies if the delay or failure arises from any event which is beyond our reasonable control. Such events would include but are not limited to strikes, lock-outs or other industrial action by third parties, civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, malicious damage to or destruction of our premises, equipment or products, failure of public or private telecommunications networks outside of our control, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- If an event beyond our reasonable control takes place that affects the performance of our obligations under a contract:
- We will contact you as soon as reasonably possible to notify you.
- Our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the event beyond our reasonable control. Where the event beyond our reasonable control affects our delivery of products to you, we will arrange a new delivery date with you after the event beyond our reasonable control is over or cancel the contract.
- You may cancel a contract affected by an event beyond our reasonable control which has continued for more than 30 days. To cancel please contact us at the address provided on our website and/or the Order Confirmation.
Delay in our exercising or failure to exercise any right or remedy under these Terms of Sale, shall not constitute a waiver of our rights and remedies under these Terms of Sale. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
You consent to receiving electronic notices and other records regarding your Order. Such electronic notices may be provided via a web browser or e-mail application connected to the Internet. You may withdraw consent to receive electronic notices at any time by contacted us at the address provided on our website and providing Us with an alternate contact address.
Third party rights
Except as expressly agreed in these Terms of Sale, a person who is not a party to this agreement between you and us shall have no rights to enforce any term of this agreement. However, if you are a consumer, the recipient of your gift of a product will have the benefit of our Warranty Policy, but we and you will not need their consent to cancel or make any changes to these Terms of Sale.
The Terms of Sale and the Additional Policies are governed by the laws of California without regard to conflicts of laws rules, regardless of the location of the customer. Any dispute, action or litigation must be brought in California and You consent to the jurisdiction of the federal and state courts located in Santa Clara County, California, submit to jurisdiction there and waive the right to change venue. You agree that such venue is appropriate and that i-Blades’ agreement to sell and deliver products to You is dependent on this provision.
The Terms of Sale and the Additional Policies constitute the entire agreement between You and i-Blades relating to the products on the Site. In the event any section or portion of a section of these Terms of Sale are deemed unlawful or unenforceable, that section of portion of a section shall be stricken from the Terms of sale, and the remaining terms shall continue in full force and effect.