Terms and Conditions

1. About us

1.1
Company details. NexDeal 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. Warranties

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.
You are also responsible for ensuring that all persons who access our Site
through your internet connection are aware of these terms of use and other
applicable terms and conditions, and that they comply with them.

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. 3rd party
Services

18.1
We are Not responsible to any 3rd party services we provide on NexDeal.com , all links
and companies provided but not limited it’s to make research and
purchasing easier please do your own due-Diligence before
placing any
order with 3^rd party
companies. 

19. General

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.

20. Counterfeit

20.1
In the event an item you get a complaint from any 3rd party site item we have
invoiced you are counterfeit: you will need to provide evidence that the item
is, in fact, counterfeit for a full refund of the invoice of the item plus any
shipping involved.

20.2
In any counterfeit dispute you may bring in a 3rd party authenticator to
resolve all disputes. The litigation will most likely take place in Los Angeles
County.

30. Complaints

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.