English Online EXSIL Shop

Purchase Agreement

Notice -- Read This

WHEN YOU COMPLETE YOUR PURCHASE, YOU, THE BUYER, ARE CLAIMING THAT YOU HAVE READ, ACCEPTED, AND FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT

THIS AGREEMENT IS A CONTRACT.  UNDER THE TERMS OF THE CONTRACT YOU RECEIVE CERTAIN RIGHTS DUE YOU FROM THE SELLER AND YOU, IN TURN, GIVE THE SELLER CERTAIN RIGHTS THAT AFFECT YOU.  THIS CONTRACT ALSO CONTAINS PROVISIONS THAT DELINEATE AND RESTRICT YOUR RIGHTS ABOUT REFUND AND WARRANTY AND THAT LIMIT THE LIABILITY OF THE SELLER.

 

YOU MUST ACCEPT THESE TERMS OR THE SELLER WILL NOT TRANSACT BUSINESS WITH YOU OR SELL A PRODUCT, SERVICE OR MEMBERSHIP TO YOU, AND YOUR ORDER WILL NOT BE PROCESSED IF YOU DO NOT ACCEPT THESE TERMS.

 

YOUR PLEDGE OF AN UNDERSTANDING OF THIS CONTRACT AND ACCEPTANCE OF THE RIGHTS, DUTIES, AND LIMITATIONS EMBODIED IN IT, IS A MATERIAL PART OF THE LEGAL CONSIDERATION THAT THE SELLER REQUIRES FROM YOU AS A CONDITION OF SALE.

 

PARTIES TO THIS AGREEMENT AND DISCLAIMER

 

The parties to this agreement are the website or its owners, hereafter "SELLER," and you, the prospective purchaser, hereafter "BUYER".  Persons or entities who are not participants in this contract but who have an indirect relationship, such as a supplier, joint venture partner, membership organization, or sales affiliate, are herein described as "THIRD PARTY OR THIRD PARTIES."   The recipient of the product herein sold, where said product is ordered by and paid for by someone other than the recipient, is classified herein as if that recipient were the ordering BUYER with the same rights, duties, and obligations as the BUYER, but may also be referred to herein as 'RECIPIENT".

 

SUBJECT MATTER OF THIS PURCHASE AGREEMENT

 

The subject matter of this agreement is a product, service, or membership described in promotional or sales materials on this website and/or in an email referencing this website, and said website and/or email and its contents are incorporated herein by reference and made a part hereof and constitute a complete description of the product, service or membership that is the subject matter of this Purchase Agreement.  This bundle of offerings, including additional items promoted on the order page, shall, together, be termed 'product' throughout this agreement but the word 'product' shall mean all elements offered in the sale, whether digital, dimensional, or other license or right, and include all sales or promotional materials.

 

ORDERING

 

All orders placed via our site will be acknowledged electronically by e-mail. Please note that electronic acknowledgements do not constitute order confirmation or order acceptance. Your order will be accepted and the contract between you and us will take place upon our despatch of your goods. You undertake that all details you provide for the purpose of ordering goods or services are correct, that the credit or debit card you are using has sufficient funds to cover the cost. We will process and despatch your order within 3

working days.

 

 

AVAILABILITY OF GOODS

 

All products and services are subject to availability and may be withdrawn at any time. If we do not supply the goods for any reason we will not charge you for these and we will refund any money already paid for them. However, we will not be responsible for compensating you for any other losses you may suffer if

we do not supply the goods.

 

 

DELIVERY TIMES

 

Once the order has been processed, delivery times will be dependant on the form of delivery you choose. If choosing the fast track delivery option then goods should arrive within 5 days of despatch. Standard delivery should take around 28 days. Any dates we specify for the delivery of the goods are

approximate only and we shall not be liable for any losses, costs, damages, charges, or expenses caused by any delay for delivery of the goods. Any long delays with a delivery should be brought to our attention, so that we can investigate the delay through our courier services.

 

 PAYMENT AND PRICE

 

The total price payable for the goods will be stipulated at the time when you place your order.

 

 

PAYMENT METHODS

 

We accept Visa, MasterCard, and American Express as forms of payment. On the order you must provide us with your exact billing address and telephone number, the address and phone number your credit card holder has on file for you. Incorrect information will cause a delay in processing your order. Your

order will only be processed once authorization of your credit card has been properly received. We also accept Bank Transfers as form of payment, however any administration and/or bank charges incurred on the order must be borne by you.

 

 

DELIVERY CHARGES

 

Prices on our site are exclusive of delivery charges, any exceptions to this will have the appropriate notification next to the item. The delivery charge will be calculated and confirmed at the checkout.

  

 

CUSTOMS

 

When ordering goods for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. We would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

  

 

EVENTS BEYOND OUR REASONABLE CONTROL

 

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

 

REFUND POLICY

 

The product referenced herein is sold with a 7 day 'no questions asked' 100% money back guarantee.

The product must be returned to the shipping address provided with the product  in identical conditions as it (they) was (were) received during the refund period. The burden is on the Buyer to prove that the product

was in fact returned to that address.

Please contact info@exsilshop.eu for instructions regarding the correct procedure for your return. All freight costs of the devolution process shall be charged to the buyer and we shall credit the amount equivalent to the value of the product(s), as soon as we confirm the good condition of the returned product(s).

Giving the Buyer a refund during the refund period is the full and complete liability that the Seller of this product,  has to the Buyer. Buyer agrees that the length of the refund period is reasonable and further agrees to examine, read, and try the product, during the refund period as a material consideration required by the Seller as part of the purchase price. Buyer further warrants that he or she will make a determination during the  day refund period if the product is as described and to decide whether the Buyer wishes to keep the product. If the Buyer does not contact the Seller during the refund period, Buyer agrees that the Seller may construe silence as a full, complete and final acceptance of the product, service or membership with no further right of redress or refund for any reason due the Buyer.

 

 

RIGHTS AND OBLIGATIONS OF THE BUYER

 

The Buyer must pay the full consideration for this product that the Seller requires as the total price of the product.  This consideration includes not only the purchase price, but other obligations that the Buyer accepts as well as potential rights the Buyer agrees to forego.   By accepting this Purchase Agreement, the Buyer agrees to receive continuing follow-up contact from the Seller including email, mail, newsletters, product updates, product recall notices, product improvements.  However, Buyer shall at all times be fully empowered to sever contact with the Seller by notification using the 'unsubscribe' link in solicitations.  Moreover, the Buyer retains the right to refuse specific contact with some third party solicitors and maintain it with others.  The Buyer retains the right to have his or her name removed from a general solicitation database.  The Buyer's agreement to accept solicitation and contact may be reduced, enhanced, limited or terminated by notification to anyone contacting the Buyer. The burden is on the Buyer to prove that such communication was made to and received by the person making contact. Buyer agrees that Seller is not liable for communications made to the Buyer by parties unrelated to this purchase even though referred by the Seller.  Buyer accepts full responsibility for limiting unsolicited contact and Buyer understands that he retains all rights to directly restrict communication or solicitation from any party including the Seller.

 

Buyers living in locations that require custom duties and/or VAT taxes to be collected understand that, unless custom duties are collected at the point of sale by the Seller, the Buyer remains responsible for payment of custom duties and taxes at the time the product is received.  If it should happen that the Seller's courier or freight account is charged for custom duties and tax, instead of the Buyer paying referenced charges, then the Buyer hereby authorizes the Seller to bill the Buyer's credit card for said charges or for the return of goods if they are refused at the point of destination.

 

 

CREDIT CARD CHARGES AND CREDIT CARD FRAUD PENALTIES

 

Buyer warrants that he or she is over 18 years of age, not subject to the Child Online Privacy Act, of legal age to enter into contractual agreements in the state in which he is present when he makes this purchase, and is the true and authorized owner of the credit card used to make this purchase.  Any Buyer who violates any of these requirements may be liable for civil or criminal prosecution and agrees to pay liquidated damages of an amount the equivalent of US$10,000 per fraudulent transaction, plus actual damages, and agrees that all information collected by this website may be used for prosecution and may be turned over to law enforcement agencies or to credit card companies and merchant service providers.

 

If the true and/or authorized owner of the credit card attempts to commit fraud upon the Seller, he authorizes each and every credit card company or merchant service provider to disclose to the Seller all information that could be construed as proof of credit card fraud.

 

Any Buyer who attempts to perpetrate a fraud upon Seller involving the use of a credit card herewith gives authorization for the Seller to access all credit information about the Buyer from credit reporting agencies and also authorizes the Seller to discover all relevant information from any source about the fraudulent practices of the Buyer and to reveal such information to credit reporting agencies, credit card companies, merchant service providers, and law enforcement agencies.

 

Buyer agrees that if he uses trickery to receive more than one refund, or if he causes a fraudulent dispute claim that results in a chargeback against the Seller's account, that the Seller is authorized to re-charge the Buyer's credit card that was used for the original purchase to the extent that will make the Seller whole.  Buyer agrees to, in addition to actual damages, pay to the Seller liquidated damages of an amount equivalent to US$10,000 for every separate fraudulent action Buyer commits.

 

 

GUARANTEE AND WARRANTY

 

This product is sold 'as is' without warranty or guarantee of any kind, either express or implied, including no warranty as to merchantability or fitness for a particular purpose. There is a  7 day refund period.

However, in the event that the Buyer claims that the product is defective, the sole remedy to the Buyer is to accept a replacement product or a refund. The period for the Buyer to determine if the product is defective and request a replacement or refund is 7 days from the date of the order. During this 7 day period, the Buyer may request and will receive a refund for any reason. During this 7 day period, Buyer may request a replacement product in lieu of a refund but Seller is under no obligation, for any reason, to do anything more than refund the purchase price. If the sales or promotional material conflict with this "as is" warranty,

then the sales and promotional material are herewith incorporated and shall be controlling. However, in no case, shall the warranty period be construed to be longer than the refund period.

 

 

ASSUMPTION OF RISK

 

Buyer agrees to accept all risk associated with the use of this product, including but not limited to, ingestion of or application to Buyer's person, the use of the product personally or in business, all taxes and regulations applicable to this product, all legal compliance issues related to this product.  Buyer warrants an understanding that the Seller is disclaiming all liability from harm of any kind or nature caused directly or indirectly from this product.  Buyer agrees, as part of the consideration required to purchase this product, to carefully review and test this product during the refund period and to immediately request a refund if the product is not satisfactory.

 

 

LIMITATION OF LIABILITY AND DISCLAIMER

 

Buyer warrants an understanding, as required consideration, that the Seller of this product disclaims all liability for the product or damages resulting from use or installation or reliance upon this product for any reason.  Buyer alone accepts full responsibility for allowing others to use this product.  Buyer understands that Seller disclaims liability for any information contained in sales or promotional materials or the product itself that is unintentionally misleading or incorrect that might cause damage to Buyer.

 

Buyer expressly waives any and all claims for consequential, speculative, and unforeseeable damages resulting from the purchase or use of this product or from subsequent contact with Seller or Third Parties.

 

Buyer expressly agrees that no matter what may happen because of his or her purchase of this product, or no matter what damage may be allegedly or actually caused by the use of this product, or no matter the harm or damage that may result directly or indirectly from the purchase of this product, for any reason whatsoever, that the absolute maximum extent of Seller's liability shall be an amount no greater than the purchase price of the product. 

 

 

LIMITATION OF LIABILITY FROM ERRONEOUS PRODUCT CONTENT

 

Buyer agrees that the Seller's total liability, even for erroneous product content that causes damage to the Buyer, shall be limited to the purchase price paid for the product.

 

LIMITATION OF LIABILITY FROM HARM CAUSED BY THE PRODUCT

 

Buyer agrees that the Seller's total liability, even from harm caused to the Buyer or to others from use of the product, shall be limited to the purchase price paid for the product.

 

LIMITATION OF LIABILITY FROM ALL OTHER INJURIES OF ANY KIND

 

Buyer agrees that the Seller's total liability, for any other injury, harm, or tort of any kind, whether foreseeable or unforeseeable, shall be limited to the purchase price paid for the product.

 

LIMITATION ON THE LIABILITY LIMITATION

 

Buyer understands that some states do not allow limitation of liability.

 

PRIVACY POLICY ACCEPTED

 

Buyer expressly accepts the terms of the Privacy Policy of Seller's website.

 

TERMS OF USE ACCEPTED

 

Buyer expressly accepts the Terms of Use of the Seller's website.

 

 

CALIFORNIA RESIDENTS NOTE 

 

You are entering into a contract that may modify, restrict, or eliminate rights you may have under the California Online Privacy Protection Act of 2003 (OPPA).  Under the Privacy Policy and this Purchase Agreement you waive any right to view or modify the content of our database.  You waive any right to force this business or website to divulge when or to whom your information may have been provided to third parties.  In the event the website elects at its sole discretion to release information to you, you must clearly identify yourself to the website as the named customer who has previously purchased from the website.  We are doing this to protect information being inadvertently provided to fake customers who may have intentions to harm the real customer.  The required identifying information may include credit card info, social security numbers, notarized copies of state issued id, or other id sufficient to allow our counsel to feel comfortable about releasing information – in the event we elect to divulge it at all.  Additionally, this purchase agreement, as part of the consideration required to purchase from this website, requires that you agree to use the American Arbitration Association exclusively in any claim arising from the Terms of Use, Privacy Policy, or Purchase Agreement, and not the courts of the state of California.  The customer also agrees, as part of the required consideration, that any cause of action is presumed to have arisen in the city and county of this business or website, not in the state of California, unless the website is located there, and not in the jurisdiction where the customer resides.

 

ARBITRATION

 

As part of the consideration that the Sellers requires, Buyer agrees to use binding arbitration for any claim, dispute, or controversy ("CLAIM") of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.

 

Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association.  Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 1001-4605.  Hearing will take place in the city or county of the Seller.

 

In no case shall the Buyer have the right to go to court or have a jury trial.  Buyer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal.

 

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.

 

 

JURISDICTION AND VENUE

 

If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Buyer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller's address.

 

 

APPLICABLE LAW

 

Buyer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Seller.

 

 

COSTS 

 

The prevailing party to any arbitration or litigation will be entitled to collect attorney fees and all other costs of the arbitration or litigation, including filing fees, investigation fees, collection fees, and travel expenses from the other party.

 

MODIFICATION

 

This Purchase Agreement cannot be modified in any manner between the Seller and this Buyer unless modifications are made in writing signed by both parties.  However, the Seller may modify this Purchase Agreement at any time for other Buyers without notice to the instant Buyer.

 

ENFORCEABILITY OF PROVISIONS

 

In the event that some provisions, terms, conditions of the Purchase Agreement are held to be invalid or unenforceable, the remainder of the provisions that are enforceable shall control.  Additionally, Buyer and Seller agree that, if any provision is found to be invalid or unenforceable, the arbitrating panel will construe such provision to the maximum extent that it might be found to be valid or enforceable.

 

WAIVER OF BREACH

 

The Seller's waiver (failure to enforce) any term of this agreement shall not be construed as a modification or an amendment to this agreement or constitute a waiver of other breaches.

 

SELLER CONTACT INFORMATION

 

The Seller of this product is:

EXSIL Paraguay S.R.L.
Cesar Hipolito Medina 7055
Paraguay
Tel.: +595 (21)525 034

Fax: +1 (413)375-6482

Mail: mailto:sales@exsilbreastforms.com
Web: http://www.exsilbreastforms.com

 

FINAL ACCEPTANCE

 

By taking the affirmative step of purchasing of a product you, the Buyer, attest that you have fully read, understand, and accept the terms of this Purchase Agreement contract, and warrant to the Seller that said affirmative digital acceptance shall be deemed to be the same as if you had affixed your signature to this Purchase Agreement contract.