TERMS AND CONDITIONS
Overview
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 THESE TERMS AND CONDITIONS, DO NOT ACCESS www.offstock.com. If you have any questions about this set of TERMS AND CONDITIONS, please contact us via e-mail at sales@offstock.com.
Offstock.com User
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 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
Just by surfing the website, the user accept the following terms of services for using www.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. The user agrees to be bound by such revisions and should periodically revisit this page to review the then current terms and conditions.
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.
Warranty
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, 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 THIRD 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 DAMAGE IS NOT RELATED TO A SPECIFIC TRANSACTION, A MAXIMUM AMOUNT OF $1,000.
Force Majeure
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.
Linking/Framing
The user may link to this site provided that notification is given. The user agrees to remove such link immediately upon request by Offstock.com to do so. Linking to the site in a way which would or may result in this cite as being displayed in a frame on your site if the framing obscure any of the content of the page being framed is not allowed.
No Agency
Offstock.com and the users are independent contractors and no agency, partnership, franchisor-franchisee, joint venture is intended by this Agreement.
Intellectual property
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.
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:
· The 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. The 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.
· Anything transmitted by electronic mail or otherwise or post becomes the property of offstock.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 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 offstock.com and others. Your use of the trademarks displayed on the Site is strictly prohibited without written permission.
General
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.