Please carefully read the following terms & conditions for establishment and use for an Offstock.com account. The following applies to all buyers’ and sellers’ utilizing the website. . IF YOU DO NOT WISH TO BE BOUND BY THIS TERMS AND CONDITIONS, DO NOT ACCESS www.offstock.com. If you have any questions about this TERMS AND CONDITIONS, please contact us via e-mail at firstname.lastname@example.org.
Offstock.com reserves the right to approve and terminate a User’s account at its sole discretion, with or without cause. The user is responsible for any use of their password and account by any person. Each account holder is bound by the Sellers Terms & Conditions and Buyers’ Terms and Conditions. Their identities are also kept anonymous under the Offstock’s privacy statement.
The users are entirely responsible and liable for all postings to Offstock.com. The User must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. Offstock.com shall not be responsible for any Content. Offstock.com shall have the right, but not the responsibility, to remove Content which is deemed in sole discretion harmful, offensive, or otherwise in violation of any rules Offstock has in place at the time. Offstock.com may elect at its sole discretion to monitor some, all, or no areas of Offstock.com for adherence to these terms
Buyers Terms and Conditions
If a user accepts an offer by a seller, he/she is obligated to complete the transaction by entering their payment details. Offstock.com does not take any responsibility for the failure of the transaction. User holds Offstock.com harmless in this respect.
· Reviewing of sample
Offstock.com generally do not allow sampling of chemicals unless under special circumstances. In such cases, the relative costs (shipping, local/overseas handling, sample costs) will be borne by the buyer.
· Making payment and the receipt of goods
The buyer has to make payment within 7 days upon the completion of the bidding. Offstock.com cannot complete the transaction cycle without the payment. Failure to do so will result in the rights to purchase being transferred to the next highest bidder. Once the buyer makes payment within the stipulated time, a shipping schedule will be sent out within 7 days to notify when the goods reach the buyer’s site.
· In the event that the purchased item is substantially misrepresented, it may be returned at no expense to Offstock.com, provided advance written notice is made to Offstock.com within 14 days of delivery, with specific evidence of to the misrepresentation. The buyer will be responsible for the return shipping cost.
Sellers Terms and Conditions
Offstock.com reserves the right to remove postings at its sole and absolute discretion, which it deems inappropriate for any reason. The seller has to ensure that the listed goods that are put up for bidding are always available. When the seller accepts the offer, he/she is obligated to complete the transaction by providing a certificate of analysis when it is requested by the buyer.
· Information of listed goods
Offstock.com allows the flexibility in the sellers when keying in the data of the listed goods. Sellers ought to know that with the essential information filled, the probability of the listed goods being sold is being increased. It is highly recommended that sellers filled up all the essential fields including the images of the goods.
· Responding to Offers
Sellers can independently accept each other or reject by overbidding the price that is offered. Offstock.com monitors statistics related to rejected offers and Offstock.com reserves complete discretion over reasonable offers made on their postings or who frequently removes their posted item on Offstock.com after receiving offers. This is the intention of Offstock.com to remove users who deteriorates the quality of service that other users enjoy.
· Removal of posted items
Sellers can remove posted items on the website on the expense of their ratings on the sellers’ performance. Offstock.com reserves the right to terminate users who consistently remove items on the website at its sole and absolute discretion as it deems unfair to the other sellers who enjoy the same level of service.
Offstock.com does not take responsibility for the fitness of any item for a particular use, or any damages that result from use of any item purchased through the Offstock.com website. OFFSTOCK.COM SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. This warranty gives buyer specific legal rights and the buyer may also have other legal right which vary from state to state.
Offstock.com makes no warranty that Offstock.com will be timely, secure, error free, or meet your requirements; nor does Offstock.com make any warranty as to the results that may be obtained from the use of Offstock.com or as to the accuracy or reliability of any information obtained through Offstock.com. No advice or information, whether oral or written obtained by you from Offstock.com shall create a warranty not expressly made herein.
Limits on Liability
OFFSTOCK.COM RESERVES THE RIGHT TO REFUSE TO COMPLETE ANY TRANSACTION BETWEEN A BUYER AND SELLER PRIOR TO OR AFTER AN OFFER IS ACCEPTED FOR ANY REASON WHATSOEVER OR FOR NO REASON AT ALL.
IN NO EVENT SHALL OFFSTOCK.COM BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH A OFFSTOCK.COM ACCOUNT OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) OUR LIABILITY TO THE USER OR ANY THIRDE PARTY IN ANY CIRCUMSTANCE IS LIMITED TO (A) THE AMOUNT PAID TO OFFSTOCK.COM I.E.THE COMMISSION PAID IN THE TRANSACTION OR (B) IF SUCH SAMAGE IS NOT RELATED TO A SPECIFIC TRANSACTION, A MAXIMUM AMOUNT OF $1,000.
Failure of Offstock.com to provide any service or to make any delivery (or portions thereof) when due, if occasioned in whole or in part by an act of God or the public enemy, fire, explosion, perils of the sea, flood, drought, war, riots, sabotage, accident, governmental priority or shortage or failure of supply of material or labor, embargo or any occurrence or at beyond the reasonable control of Offstock.com, shall excuse any such failure on the part of Offstock.com. Offstock.com shall have no obligation or liability whatsoever arising out of or in connection with any such failure.
Offstock.com and the users are independent contractors and no agency, partnership, franchisor-franchisee; joint venture is intended by this Agreement.
Any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party will not upload or transmit to Offstock.com.
By submitting Content, Offstock.com is automatically granted -- or warranted that the owner of such Content has expressly granted – the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content.
This agreement shall be governed in all aspects by the law of Republic of Singapore as such laws are applied to agreements entered into and to be performed within Singapore residents.
These pages are provided "as is" without warranty of any kind, either express or implied, including without limitation, as to the accuracy of or non-infringement of property rights in the content, whether or not allactiontrade.com has been given notice of any such defect.
Offstock.com, its directors, officers, employees and suppliers are not liable in contract or otherwise for any direct, indirect, or consequential loss or damage of whatever nature sustained by a user or others directly or indirectly as a result of making use of this site and the data in it.
Just by surfing the website you accept the following terms of services for using Offstock.com which can be changed or updated anytime as and when felt by the site and are bound by the applicable laws. The modified terms of services shall be effective immediately upon posting. You agree to be bound by such revisions, and you should periodically revisit this page to review the then current terms and conditions.
Copyright and Trademarks
Everything user see or read on this site is copyrighted unless otherwise noted.
The copyright in this site and the underlying files which implement the features of the pages are the property of Offstock.com, unless otherwise stated. The reproduction or use of part or all of the content of this site in any way (including without limitation viewing, down loading, printing and saving) is prohibited except in accordance with the following conditions:
· User may download material displayed on the site for internal corporate or for personal use only provided you also retain all copyright and other proprietary notices contained in the materials. User may not distribute, broadcast, modify, transmit, reuse, re-post, or use in any form the content of this Site, or use the content to build other databases without our written permission.
· Any images of people used on this site are used with permission or in accordance with applicable law. Reuse of them without permission may violate privacy and publication rights of those persons.
All content contained in pages that are linked to from this site do not belong to Offstock.com and is the property of the respective owners. Offstock.com has not reviewed the content linked to. User right to reproduce and use such content linked to is (1) subject to the conditions that the respective owners may impose, and (2) at user own risk.
· Anything user transmit to us by electronic mail or otherwise or post becomes the property of allactiontrade.com and may be used for any purpose, including, but not limited to reproduction, disclosure, transmission, publication, broadcast and posting. Offstock.com is free to use any ideas contained in any communication user send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
· The trademarks, logos, and service marks (collectively the "trademarks") displayed on this site are registered and unregistered trademarks of allactiontrade.com and others. User use of the trademarks displayed on the Site is strictly prohibited without written permission.
· Offstock.com reserves the right to revoke these permissions at any time without reasonable notice.
User may link to this Site provided that you notify us in writing and seek our written consent in advance. User agrees to remove such link immediately upon request by us to do so. User may not link to this site in a way which would or may result in this site being displayed in a frame on your site if the framing obscures any of the content of the page being framed.
Offstock.com requests the users not to disclose any confidential information on the site because all or part of your contact information is disclosed on the site. Any loss incurred thereof will not be borne by the site or its owners or employees.
All personal information provided at Offstock.com becomes the exclusive property of Offstock.com. Offstock.com reserves the right to use and reuse all registration and other personally identifiable user information.
Users agree not to use the site so as to violate any law, or to misuse the proprietary information or property of others for his or her own purposes or otherwise, and not to make postings which are threatening or defamatory or otherwise injurious to the safety, business or reputation of others.
Without limiting the generality of the foregoing, a user shall not do any of the following or permit any of a client's authorized users, or other third parties to do any of the following:
Offstock.com considers the above practices to constitute abuse of the service and of the recipients of such unsolicited mailings or postings or both, who often bear the expense. Engaging in one or more of these practices may result in termination of the user's account.
Nothing contained in this policy shall be construed to limit Offstock.com’s actions or remedies in any way with respect to any of the foregoing activities, and Offstock.com reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation, all rights and remedies available to it at law or in equity.
Offstock.com reserves the right to terminate any user's account without any prior notice or reason. Without prejudice to the generality of the foregoing, if a user is deemed by Offstock.com to be doing or trading (or alleged to be so doing or trading) any illegal or immoral things on the site or found to be misusing the site in any manner or not following the terms of service of posting any offer/ auction or the website. Offstock.com does not allow any illegal or immoral business activities (directly or indirectly) on its website.
In case of any dispute that may arise due to any matter relating to this site, the dispute will be solved in the courts of Singapore and the laws of Singapore will be applicable.