Terms Of Sale
These terms apply to all orders placed on fxscript.com as of October 15, 2018.
1. DefinitionsIn this Agreement the following terms, when starting with a capital letter, have the meanings shown:
- Customer means the party who is placing or has placed an order.
- Seller means the party who is receiving or has received the order.
- Capacity means the legal capacity to enter this agreement and any other agreement in relation with the order.
- Cooling-off period means the delay set by law for Customer to change its mind.
- Website means fxscript.com .
Customer and Seller warrants they have the Capacity as stated in clause 1, subject to international trade prohibitions, bans, conventions, which could otherwise restrict such capacity. Should a party become aware of such restriction applying to the order it should inform the other party of such within 48H and the order will be void.
3. Implied and statutory rights
Nothing in this agreement may deprive the Customer from his implied and statutory rights. Seller will comply with, but not only, the US consumer rights legislation and, if any, its amendments.
3.1 Exercising statutory rights
To exercise its statutory rights, Customer may send an unequivocal statement to Seller though any of Seller available public contact means as set on Website.
3.2 Seller obligations
Seller has the statutory or implied obligations, but not only, that goods should be of satisfactory quality, fit for a particular purpose, as described, and services should be performed with reasonable care and skill, within a reasonable time, reasonably priced.
4. Cooling-off periodCustomer has the right to change mind, that is to cancel an order, without having to state any reason, during the cooling-off period set by law.
4.1 Cooling-off rule
If the order is covered by the FTC 'cooling-off rule', or an US state similar regulation, then such rule or regulation applies and has force over any provision within this Agreement.
4.2 Minimal cooling-off period
Seller voluntary grants Customer a cooling-off period of 3 days starting from the day after the purchase of services, 3 days starting from the day after the delivery of goods.
5. Goods and services description
Details of the goods and services available for purchase (including their price) are set out on the Website.
On exceptional basis, or ascertained by Seller as necessary, details may be provided by other means.
5.2 Customer due diligence
Customer should contact Seller prior to place any order in case,
- Description seems incomplete or confusing to Customer
- Customer is unsure the description meet any particular purpose of Customer
- Customer would like to arrange custom made goods or services
Prices and availability of goods and services are subject to change without notice. Seller shall have no liability to Customer or any third party for the exercise of such rights.
Unless otherwise agreed between Seller and Customer, orders are placed online at the Website.
6.1 Online orders
Once the Customer have clicked on the “Checkout” button, the Customer have made a binding offer for the sale of the selected goods or services. Customer offer at this stage is still subject to Seller acceptance. Seller is deemed having accepted the order upon delivering the ordered goods and services, subject to 6.3 provisions.
6.2 Offline orders
In the event an order is agreed to be placed offline, the order process should be provided on the order form.
6.3 Automated orders
In the event the order is automated and Seller, upon verification, determine Seller would not otherwise have accepted the order, Customer agrees the order to be void and Seller must proceed to refund as per this Agreement.
All quotes, order confirmations, invoices issued by Seller are deemed E&OE (Errors and Omissions Excepted).
Dispatch and delivery delay may vary depending on the goods and services being ordered as well as the type of delivery being selected. However, such delay are clearly stated on Seller sale materials and order forms. In all cases, and unless agreed otherwise between Seller and Customer, delivery should not take more than 30 days or Customer may claim a refund.
7.1 Digital goods
Digital goods are deemed delivered when Seller provides Customer with a link to download the item.
7.2 Online services
Online services are deemed delivered when Seller provides Customer with access credentials to the services or a notice the service has been applied or started.
7.3 Tangible goods
Tangible goods are deemed delivered when remitted to the delivery address stated on order. Incorrect or damaged goods should be returned as per this Agreement.
7.4 Other services and goods
Services and goods not covered here, such as custom made, are deemed delivered as per the details on the order or any relevant agreement.
8. Order cancellation
The clauses here do not remove any rights and remedies if goods and services were incorrectly described or proven to be defective.
8.1 Digital goods
By downloading any digital goods from Seller the Customer is waiving its rights to any applicable Cooling-off period, and if the Customer wish to retain its rights to a Cooling-off period it may not download the item until the Cooling-off period has expired.
8.2 Online services
Upon Customer exercising its rights, services will be terminated and Seller will proceed to refund as per this Agreement.
8.3 Tangible goods
Upon exercising its rights, Customer should then proceed to returns as per this Agreement.
8.4 Other services and goods
Services and goods not covered here, such as custom made, are cancelable as per details on the order.
8.5 Notice of cancellation
Whereas applicable, such notice will be provided during the order process.
9. ReturnsReturns are only applicable to tangible goods.
9.1 Returns of goods
Customer should return the goods unused and in the goods original condition and packaging, as per delivery time, to Seller within 6 days, along any discount or free gifts.
9.2 Returns for cancellation
Upon return of goods, Seller will proceed to refund as per this Agreement.
9.3 Returns of incorrect or damaged goods
Within 6 days of receiving goods, Customer email to Seller a digital photo of the damaged or incorrect item and the shipping container, along the order number, the shipping ID, a brief description of the reason for the return and whether Customer is seeking a replacement or a refund. Customer proceed to returns of goods, after what Seller proceed to refund or replacement.
9.4 Return of defective goods
Goods that are proven defective during reasonable use are of course exempt of the 'unused' provision in 9.1.
9.5 Returns waver
At the Seller entire discretion, Seller may exempt Customer from the obligations construed in the return of goods, or part of it.
9.6 Cooling-off rule returns
If the order belongs to provisions in 4.1, such rules apply to returns.
10. Repair and replacement10.1 Repair of goods (or Repeat performance of service)
Under circumstances set by law, a repair may be agreed, in which case it will be at the cost of Seller. Seller and Customer should agree, within the limits of law, the conditions for the repair to take place so as to be of the less inconvenience as reasonably possible to Customer.
10.2 Replacement of returned goods
In case a replacement was requested, Seller will proceed to ship the replacement goods at no charge to Customer (except for the additional costs arising if Customer request a type of delivery other than the least expensive type of standard delivery offered by Seller), within 14 days. However, if the replacement goods are unavailable the Seller may proceed to refund as per this Agreement.
Unless otherwise stated by law, refunds are processed within 10 days.
Refunds under the Cooling-off period provisions are full refund of goods or services and delivery (except for the additional costs arising if Customer selected a type of delivery other than the least expensive type of standard delivery offered by Seller).
Refunds for incorrect or damaged tangible goods are the same as under the Cooling-off period provisions.
11.1 Deductions from refund
Unless otherwise stated by law,
- Seller may make a deduction from the refund for any loss in value of the goods or services if the loss is a result of any unnecessary handling by Customer.
- Should Customer has requested Seller to begin the performance of any service within the Cooling-off period, Seller has the right to retain any charge paid for services which have already begun or been completed.
12. PaymentUnless otherwise agreed between Seller and Customer, payment of goods and services should be made in full at ordering time. The price of any goods and services, applicable taxes, shipping and handling, any other charges, will be as quoted on the order confirmation, except in the case of obvious error.
12.1 Payment method
By providing a credit card or other payment method accepted by Seller, Customer represent and warrant that Customer is authorized to use the designated payment method and authorize Seller, and any its third-party payment processor, to charge this payment method for the aggregate amount as show in order confirmation.
12.2 Payment issues
If the payment method provided cannot be verified, is invalid or is otherwise not acceptable, the order may be suspended until the issue is resolved or cancelled at Seller's sole discretion. Customer bears any costs of rejected, reversed, cancelled payment.
Customer agree not to claim any chargeback from their card issuer for any charged amount.
12.4 Timely payment
Customer agrees to pay any outstanding invoice in due time.
13. VerificationsCustomer understand and agree to comply with any verifications deemed necessary by Seller in relation with any order process and the execution of any related agreement.
Customer represent and warrant that the information Customer provide to Seller upon ordering and at all other times will be true, accurate, current, and complete.
Customer will not present Seller with any false, unfounded, or frivolous claim.
14. AmicabilityBefore resorting to legal means, both Seller and Customer may attempt to solve any disagreement in good faith and good will with the intend to reach an amicable settlement.
15. ComplaintsCustomer willing to forward a complain to Seller may do so by contacting Seller though any available public contact means as set on Website. In case Seller has made up a specific channel to handle complains, Customer should primary express its complain though that channel. Seller will not charge any fee for handling Customer complains.
16. SupportIn addition to any support materials Seller may have made available on Website or with delivery, Seller will provide, free of charge, general support to Customer though any channel Seller view as appropriate. However, Customer may decide, if any available, to purchase further support options from Seller, in which case some fees may apply.
17. Electronic communicationsCustomer acknowledge that when using the Website or sending an email Customer is communicating electronically. Customer consent to receive electronic communications in relation with any order and related agreements.
Customer agree that all agreements, notices, disclosures, and other communications that are provided to Customer electronically satisfy any legal requirement that such communications be in writing.
Notices from Seller will be considered delivered to Customer and effective when sent to any email address Customer provided Seller or from which Customer email Seller, as well as when acknowledged by Customer though any mean.
18. IndemnificationCustomer agree to indemnify and hold Seller, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with the use of goods or services provided by Seller or any Customer violation of this Agreement and related agreements.
Failure by either party to enforce any of the provisions of this Agreement will not represent a waiver of such rights and will not affect the validity of this Agreement nor affect that party's rights to take subsequent action.
20. Amendments and revisionsSeller reserves the right, in its sole discretion, to modify or revise the terms of this Agreement and any related agreement at any time, and Customer agree to be bound by such modifications or revisions upon acceptance of the new terms. Such updates are effective as of the date of posting on the Website or, if any, by the date stated on the updated agreement.
Placing an order with Seller constitute Customer acceptance of the latest revision of this Agreement and any related agreement.
Other than above, this Agreement may only be amended by the mutual written agreement of the parties.
If any competent authority finds any part of this Agreement to be invalid, unlawful or unenforceable, this Agreement will be deemed to be amended to the extent required to remove the competent authority’s finding but so as to allow the rest of this Agreement to remain valid and unaffected to the fullest possible extent.
22. Force Majeure
Except for the obligation to make payments properly due, neither party will be liable for delay or failure to perform obligations caused by circumstances beyond its reasonable control, provided that the affected party promptly gives the other written notice of such delay or failure and circumstances and that the affected party uses reasonable endeavours to mitigate the delay or failure.
23. Governing law
This Agreement is governed by the laws of the USA.
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