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Terms of Sale
1. Introduction
Please read these terms of sale carefully. You will be asked to expressly agree to these terms of sale before you place an order for products from our website.
2. Interpretation
In these terms of sale, “we” means Maxpower (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
3. Order Process
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
To enter into a contract to purchase products from us, you will need to take the following steps:
- Add the products you wish to purchase to your shopping cart and proceed to the checkout.
- If you are a new customer, create an account and log in; if you are an existing customer, enter your login details.
- Once logged in, select your preferred method of delivery and confirm your order.
- You will be transferred to the PayPal website or another electronic payment gateway, which will handle your payment.
- We will then send you an initial acknowledgment.
- Once we have checked whether we can meet your order, we will either send you an order confirmation (at which point your order becomes a binding contract) or confirm by email that we are unable to meet your order.
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We recommend that you download, print, and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale is English.
Before placing your order, you will have the opportunity to identify any input errors. You may correct those errors before placing your order.
By confirming your order, you agree to grant your consent to these terms of sale.
4. Price and Payment
Prices for products are quoted on our website. The website contains a large number of products, and it is possible that some prices may be incorrect. We will verify prices as part of our sales procedures so that a product’s correct price will be stated when you pay for the product.
In addition to the price of the products, you may have to pay a delivery charge, which will be specified when you pay for the product.
Payment must be made upon submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website may not include all applicable value-added taxes.
Payment for all products must be made by the methods detailed on the website from time to time.
Prices for products are liable to change at any time, but changes will not affect contracts already in force.
If you dispute any payment made to us, you must contact us immediately and provide full details of your claim. If you submit an unjustified credit card, debit card, or other charge-back, you will be liable to pay us the amount of the charge-back plus expenses, fees, and costs incurred by us in recovering the amounts.
Without prejudice to our other rights, if you submit an unjustified charge-back, we may terminate any contracts between you and us under these terms of sale by giving you written notice of termination.
For clarity, if you fail to recognize or remember the source of an entry on your card statement or other financial statement and make a charge-back as a result, this will constitute an unjustified charge-back.
5. Your Warranties
You warrant to us that:
- You are legally capable of entering into binding contracts and have full authority, power, and capacity to agree to these terms of sale.
- The information provided in your order is accurate and complete.
- You will be able to accept delivery of the products.
- You are at least 18 years of age.
6. Delivery Policy
We will arrange for the products to be delivered to the address indicated in your order.
We will use reasonable endeavors to deliver products on or before the date set out in our order confirmation or, if no date is specified, within 14 days of the date of our order confirmation. However, we cannot guarantee delivery by the relevant date. We do guarantee that deliveries will be dispatched within 30 days of the later of receipt of payment and the date of our order confirmation.
7. Risk and Ownership
The products will be at your risk from the time of delivery. Ownership of the products will pass to you upon the later of:
- Delivery of the products.
- Receipt by us of full payment of all sums due (including delivery charges).
We will be entitled to recover payment for the products even where ownership has not passed to you.
8. Statutory Rights
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
9. Refunds
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used for payment. We will process the refund as soon as possible and, in any case, within 30 days of receiving your valid notice of cancellation.
10. Limitations and Exclusions of Liability
Nothing in the terms of sale will limit or exclude liability for death or personal injury resulting from negligence, fraud, or any liability that cannot be excluded under applicable law.
The limitations and exclusions of liability govern all liabilities arising under the terms of sale, including those arising in contract, tort (including negligence), and for breach of statutory duty.
We will not be liable for losses arising out of events beyond our reasonable control or for business losses such as loss of profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill.
11. General Terms
We will treat all your personal information collected in connection with your order in accordance with the terms of our privacy policy. Use of our website will be subject to our website terms of use.
Contracts under these terms of sale may only be varied by a written instrument signed by both parties. We may revise these terms from time to time, but such revisions will not affect the terms of any contracts already entered into.
If any provision is held invalid or unenforceable, the remaining provisions will remain in effect.
No waiver of any provision will be deemed a further or continuing waiver.
You may not assign, charge, sub-contract, or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract, or otherwise transfer any of our rights or obligations, provided such action does not reduce the guarantees benefiting you.
Each contract under these terms of sale is made for the benefit of the parties involved and is not intended to benefit or be enforceable by any third party.
These terms of sale contain the entire agreement and understanding of the parties regarding the purchase of products from our website and supersede all previous agreements.
These terms of sale will be governed by and construed in accordance with the law of the United States.