Terms of Sale
Last updated: January 1st 2019
Terms and Conditions of Sale for Buymystock.com Web Site
Unless otherwise indicated, the following terms and conditions of sale will apply only to sales orders that are initiated and completed through Buymystock.com, unless you are using Buymystock.com while registered as a Customer with which Buymystock has expressly agreed in writing to alternative terms and conditions (“Agreement”). If you have such an Agreement, the terms and conditions of that Agreement shall govern in the event and to the extent there is a conflict with these terms and conditions. Buymystock. (“Buymystock”) reserves the right to vary such terms and conditions for other sales by Buymystock, including without limitation any sales that are initiated but not completed through Buymystock.com. Contact your Buymystock representative or use the click-to-chat feature to use other Buymystock sales channels to complete your purchase.
1. ACCEPTANCE OF ORDER - Acceptance of any order from buyer ("Buyer") is subject to approval and acceptance by Buymystock and, when applicable, Buymystock's suppliers. Buymystock reserves the right to accept or reject any order without liability to Buymystock, including without limitation, if Buyer’s credit becomes unsatisfactory to Buymystock, and/or to immediately change the terms of any credit extended to Buyer.
2. PRICES AND SHIPMENTS - Prices shall be those in effect at the time Buymystock accepts the applicable order from Buyer. Prices listed do not include shipping, handling fees, taxes, and/or duties, and are subject to correction or change without notice. All shipments will be made ex store or F.O.B. shipping point.
3. SHIPPING POLICIES
(a) The price of shipping is determined by the shipping method you choose, your order's total weight, as well as the distance between your shipping address and our shipping center. The shipping charge will be calculated on the Shipping & Billing Method page before you complete your order
For business accounts, shipping charges are based on your local agreement. Questions surrounding freight charges and invoicing should be directed to your local sales office.
(b). Buyer may elect to pay a premium for expedited shipping where available (Shipping Charges still apply). Any charges incurred for hazardous materials or other special handling by the carrier must be paid by the Buyer. For all orders, regardless of whether a shipping and handling fee is charged, fuel surcharges may be applied.
(c) Buymystock.com only accepts orders for shipments within UAE and its available countries. Orders to international destinations should be arrange by customer. Buymystock does not ship to PO Box addresses.
(d) Title and risk of loss pass to Buyer upon tender of shipment to the carrier.
(e) To qualify for expedited shipping, Buymystock must receive Buyer's order before 3:00PM from Saturday to Thursday. Orders containing hazardous materials are subject to federal, state, and local regulations and may ship or not be shipped to certain destinations depending on material/product. Orders are processed on business days and orders placed on Fridays & Holidays will be processed on the next business day. If you have any questions please write to us on customerservice@buymystock.com or call us.
4. TAXES - Prices shown do not include sales or other taxes imposed on the sale of goods. Taxes now or hereafter imposed upon sales or shipments will be added to the purchase price. Buyer agrees to
reimburse Buymystock for any such tax as assessed by the responsible tax jurisdiction.
- DELAY IN DELIVERY- Buymystock is not to be accountable or liable for delays in delivery or other failures in performance occasioned by acts of God, political/social unrest, acts or threats of terrorism, computer or electronic interruptions, failure of its suppliers to ship or deliver on time, or other circumstances beyond Buymystock's reasonable control. In no case shall Buymystock be liable for any special, incidental, direct, indirect, consequential, punitive, exemplary or special damages (whether sounding in contract, tort, strict liability, or otherwise), all regardless of whether Buymystock knew or should have known of the possibility of such losses, arising from any delay in shipment or delivery.
- RETURN OF GOODS- Returns must be made within 7 days from the date of purchase. Returned product must be in original packaging, unused, undamaged and in saleable condition. The Buyer is responsible for the method and cost of return to Buymystock. Credit may be allowed for goods returned with or without prior approval. A deduction may be made from credits issued to cover cost of handling, cancellation and/or restocking fees. When the return is approved, a credit will be issued to the original payment method. Please allow 14 days for the receipt and processing of returned merchandise. Note: Depending on Buyer's bank, it may take up to 7 additional days for Buyer's card to be credited.
Receipt of Damaged Material - If Buyer receives a damaged/defective item or item not as ordered, please contact Buymystock's customer service department immediately with invoice copy on customerservice@buymystock.com to provide a prepaid return label and process a new shipment.
Warranty Returns - Contact Buymystock Support on support@buymystock.com to determine manufacturer's warranty eligibility.
Buyer agrees that any credit balance(s) issued by Buymystock will be available to Buyer account for no longer than one (1) year from its issuance.
IF BUYER HAS NOT APPLIED FOR OR REQUESTED THE CREDIT WITHIN ONE (1) YEAR, ANY REMAINING CREDIT BALANCE(S) WILL BE SUBJECT TO CANCELLATION, AND BUYMYSTOCK SHALL HAVE NO FURTHER LIABILITY.
For more detail please read Return policy.
DISCLAIMER OF WARRANTIES- ANY DESCRIPTION OF THE GOODS CONTAINED ON ANY BUYMYSTOCK WEB SITE DESCRIPTION, QUOTATION, PURCHASE ORDER, ORDER ACKNOWLEDGEMENT, BILL OF LADING OR SALES INVOICE IS FOR THE SOLE PURPOSE OF IDENTIFYING THEM, AND DOES NOT CONSTITUTE A WARRANTY THAT THE GOODS SHALL CONFORM TO THAT DESCRIPTION. BUYMYSTOCK MAKES NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) WITH RESPECT TO ANY GOODS SOLD BY BUYMYSTOCK TO THE BUYER, AND BUYMYSTOCK HEREBY DISCLAIMS ALL SUCH WARRANTIES.
For purposes of clarification, Buymystock sells the goods to Buyer with a warranty directly from the manufacturer/ supplier/ vendors, For information on a specific manufacturer's warranty, please contact Buymystock on support@buymystock.com
UNLESS OTHERWISE AGREED IN WRITING BY AN AUTHORIZED REPRESENTATIVE OF BUYMYSTOCK, PRODUCTS SOLD HEREUNDER ARE NOT INTENDED FOR USE IN OR IN CONNECTION WITH (1) ANY SAFETY APPLICATION OR THE CONTAINMENT AREA OF A NUCLEAR FACILITY, OR (2) IN A HEALTHCARE APPLICATION, WHERE THE GOODS HAVE POTENTIAL FOR DIRECT PATIENT CONTACT OR WHERE A SIX (6) FOOT CLEARANCE FROM A PATIENT CANNOT BE MAINTAINED AT ALL TIMES.
This disclaimer of warranties applies to all Buyers that are consumers.
- LIMITATION OF LIABILITY- Buyer recognizes that Buymystock is a platform where supplier put their stock and is not a manufacturer, fabricator or packager. To the maximum extent permitted by law, Buyer's remedies under this agreement are subject to any limitations contained in manufacturer's/ supplier terms and conditions to Buymystock, a copy of which will be furnished upon written request. Furthermore, Buymystock's liability shall be limited to either repair or replacement of the goods or refund of the purchase price, all at Buymystock's option, and to the maximum extent permitted by law,
IN NO EVENT SHALL BUYMYSTOCK BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR ANY INDIRECT DAMAGES, OR FOR LOST PROFITS OR DATA (WHETHER SOUNDING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), ALL REGARDLESS OF WHETHER BUYMYSTOCK KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES. In addition, claims for shortages, other than loss in transit, must be made by Buyer in writing not more than five (5) days after receipt of shipment.
9. WAIVER - The failure of Buymystock to insist upon the performance of any of the terms or conditions of this agreement or to exercise any right hereunder shall not be deemed to be a waiver of such terms, conditions, or rights in the future, nor shall it be deemed to be a waiver of any other term, condition, or right under this agreement.
10. MODIFICATION OF TERMS AND CONDITIONS – Except as stated in the introductory paragraph above, these terms and conditions supersede all other communications, negotiations, and prior oral or written statements regarding the subject matter of these terms and conditions. No change, modification, rescission, discharge, abandonment, or waiver of these terms and conditions shall be binding upon Buymystock unless made in writing and signed on its behalf by a duly authorized representative of Buymystock. No conditions, usage of trade, course of dealing or performance, understanding or agreement, purporting to modify, vary, explain, or supplement these terms and conditions shall be binding unless hereafter made in writing and signed by the party to be bound. Any proposed modifications or additional terms are specifically rejected and deemed a material alteration hereof. If this document shall be deemed an acceptance of a prior offer by Buyer, such acceptance is expressly conditional upon Buyer's assent to any additional or different terms set forth herein.
11. ASSIGNMENT - Buyer shall not assign its rights or delegate its duties hereunder or any interest herein without the prior written consent of Buymystock, and any such assignment, without such consent, shall be void.
12. PAYMENT TERMS - Payment is required at the time the order is accepted by Buymystock, except for approved open credit accounts. Visa, MasterCard, credit cards are accepted.
Buymystock may add a monthly service charge of the lesser of 1 1/2 % or the maximum permitted by law for all accounts not paid by the net due date. In addition, Buymystock may defer any further shipments or other orders, or cancel any portion of an unshipped order. Buyer will pay, to the extent permitted by law, all reasonable costs and expenses, including attorneys’ fees, collection agency fees and court costs incurred by Buymystock in connection with any collection action for payment of amounts due.
13. PRODUCT COMPLIANCE AND SUITABILITY - Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Certain products may not be available for sale in all areas. Buymystock does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does Buymystock accept responsibility for construction, installation and/or use of a product. It is Buyer's responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.
- ERRORS; CANCELLATIONS- All stenographic or clerical errors are subject to correction by Buymystock. Buymystock attempts to ensure that the content on its web sites is complete and current. However, Buymystock cannot guarantee that the information contained on its web sites will not contain errors, inaccuracies, or omissions. Such errors, inaccuracies, or omissions may relate to price, product description, availability, or otherwise. Buymystock reserves the right to correct any error, inaccuracy, or omission, or to change or update the content without prior notice to Buyer. Further, Buymystock reserves the right to refuse or cancel any orders (including without limitation any orders containing any error, inaccuracy, or omission) at any time and for any reason whatsoever whether or not the order has been submitted, confirmed, and/or Buyer's credit card has been charged. If Buyer's credit card has been
charged for the purchase and Buyer's order is canceled by Buymystock, Buymystock shall promptly issue a credit to Buyer's credit card. Except for issuing such credit (if applicable), Buymystock shall have no liability or obligation to Buyer with respect to any cancelled order.
20. MISCELLANEOUS
(a) Substitutions. Products (and country of origin) may be substituted and may not be identical to catalog or website published descriptions and/or images.
(b) Operation manual and all safety instruction are prepared and supplied by the manufacturers.
BUYMYSTOCK MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL LIABILITY TO ANY BUYER OR USER WITH RESPECT TO THE ACCURACY OF THE INFORMATION OR THE SUITABILITY OF THE RECOMMENDATIONS IN ANY MSDS. BUYER IS SOLELY RESPONSIBLE FOR ANY RELIANCE ON OR USE OF ANY INFORMATION, AND FOR USE OR APPLICATION OF ANY PRODUCT.
For products denoted with a ¢ symbol the following warnings apply: Both Cancer and Reproductive Harm A complete list of Proposition 65 regulated chemicals is available by logging on to www.oehha.ca.gov.
21. GOVERNING LAW.
These Terms shall be governed and construed in accordance with the laws of United Arab Emirates, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
22. CHANGES.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
