© 2021 NexDeal Distribution Inc. All Rights Reserved. All trademarks are the property of their respective companies.
1. About us
1.1 Company details. NexDeal Distribution Inc (we and us), is a business offering for sale a variety of products (Goods) to customers via the website www.NexDeal.com(Site).
1.2 Contacting us. To contact us telephone our customer service team at [888-777-9230] Info@nexdeal.com.
2. By using our Site you accept these terms
2.1 By using our Site, you confirm that you accept these terms and that you agree to comply with them.
2.2 If you do not agree to these terms, you must not use our site.
3.1 Both parties to this contract warrant that they have the require licenses and permits to enter into this Contract as set out below.
3.2 As a Customer you warrant that you have a resale certificate and you are tax exempt for your purchase.
3.3 We shall not have any liability in relation to your breach of any warranties and shall not be liable for any IRS or other government agency taxes, fees or duties whatsoever.
2. Our contract with you
3.4 Our contract. These terms and conditions (Terms) apply to the order by you and supply of Goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
3.5 Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
4. Placing an order and its acceptance
4.1 Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the Goods specified in the order subject to these Terms.
4.2 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.
4.3 Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.4.
4.4 Accepting your order. Our acceptance of your order takes place when we send an email confirming your order, at which point the Contract between you and us will come into existence. The Contract between you and us will only be formed when we send you the confirmation email.
4.5 If we cannot accept your order. If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
5. Our goods
5.1 The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display any colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Goods.
5.2 We take the greatest care in the presentation and description, including any material or components of the Goods in order to provide you with the best possible information. However, some non-substantial errors may appear on the Site, which you acknowledge and agree to.
5.3 You understand that we do not manufacture the Goods and as such we rely on third parties to inform us of the materials contained and any cautions.
5.4 The packaging of your Goods may vary from that shown on images on the Site.
5.5 We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.
5.6 For the avoidance of doubt, we cannot be held liable whatsoever for any Goods that are not permitted to be sold via Amazon, or restricted for sending via FBA or restricted on any other marketplace.
6. Return and refund
6.1 All sales are final and you may not cancel the Contract once it is submitted, and you are not entitled to any refund, unless there was misinformation from us during the ordering process, in which case you may email us and we shall, at our absolute discretion, decide if you are entitled to a refund. A restocking fee of 15% may apply.
6.2 You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
6.3 We will review your returned Goods upon receipt and confirm via email any refund, which is at our absolute discretion.
6.4 If you have not received a refund within 14 days’ of requesting one, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially cleared. If you’ve done all of this and you still have not received your refund yet, please contact us.
7. Delivery, transfer of risk and title
7.1 We deliver worldwide and in accordance with the Delivery Information provided at check out .
7.2 You own the Goods once we have received payment in full, including of all applicable delivery charges and the Goods will be at your risk from that time.
7.3 Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order or amazon facilities.
7.4 Delivery is via US Postal services or UPS. Please bear in mind that delivery times may be extended for event outside of our control as per clause 10. It is advisable for the Customer to arrange for the Goods to be picked up.
7.5 Freight shipping can also be arranged either by the Customer or by us, at the Customer’s request.
8. Price of goods and delivery charges
8.1 The prices of the Goods will be as quoted on our Site at the time you submit your order.
8.2 We use our best efforts to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see clause 7.6 for what happens if we discover an error in the price of Goods you ordered.
8.3 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
8.4 You will also be liable for any custom tax or import tax as calculated by the relevant agency.
8.5 The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please email us.
8.6 We sell a number of Goods through our Site. It is always possible that, despite our best efforts, some of the Goods on our Site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Goods’ correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Goods to you; and
(b) if the Goods’ correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.
9. How to pay
9.1 Payments by credit card are taken as authentic and the customer waives the right to cancel. Customer shall be responsbible for any fees for any dispute.
9.2 Please ensure you read the terms and condition of any third party payment processor you use, as their terms will apply to the payment of your Goods.
10. Our liability: your attention is particularly drawn to this clause
10.1 Subject to clause 9.2, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
10.2 Subject to clause 9.2, our total liability to you for all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed the price of the Goods.
10.3 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
11. Events outside our control
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
11.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
11.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 60 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.
12. Communications between us
12.1 When we refer to “in writing” in these Terms, this includes email.
12.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
13. We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
14. We may make changes to our Site
We may update and change our Site from time to time to reflect changes to our products, our users’ needs and our business priorities.
15. We may suspend or withdraw our Site
Our Site is made available free of charge.
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.
16. We are not responsible for websites we link to
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
17. We are not responsible for errors or viruses
We do not guarantee that our Site will be secure or free from errors, bugs or viruses and we exclude all liability in relation to these matters.
You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
18.1 In the event of any dispute under these Terms the parties agree to negotiate in good faith to resolve the dispute in Los Angeles. The Customer accepts all fees in relation to any negotiation or mediation as a result of a dispute.
19.1 Assignment and transfer.
(a) We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you in writing or by posting on this webpage if this happens.
(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
19.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
19.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
19.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
19.6 Governing law and jurisdiction. This Contract is governed by the law of California and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the courts of California.