NABI SHOP TERMS AND CONDITIONS
THESE NABI SHOP TERMS AND CONDITIONS OF USE (the “Terms”) SET OUT BELOW GOVERN YOUR USE OF THE NABI SHOP WEBSITE LOCATED AT www.nabishop.com, AND ALL ASSOCIATED SITES OF FUHU, INC. (“Fuhu”), INCLUDING FUHU SITES AROUND THE WORLD (the “Site”). THE SITE IS THE PROPERTY OF FUHU. BY USING THE SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SITE.
NABI SHOP permits you to purchase goods for end user use only under the Terms set forth in this Agreement. You agree to use the Site only for purposes that are permitted by these Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree that you will not access or attempt to access the Site other than through the interface that is provided by the Site, unless you have specifically been permitted to do so in a separate written agreement signed by an authorized representative of NABI SHOP. You specifically agree not to access or attempt to access the Site, or any portion thereof, through any automated means, including but not limited to the use of scripts or web crawlers. You agree that you will not engage in any activity that disrupts or otherwise interferes with the Site (or the servers and networks which are connected to the Site). You agree that you will not duplicate, reproduce, copy, trade, or sell intellectual property or other information from the Site for any purpose. You agree that you are solely responsible for any breach of your obligations under these Terms and for the consequences (including any loss or damage which the Site may suffer) of any such breach.
All content, such as text, graphics, logos, icons, images, photographs, artwork, audio clips, video clips, digital downloads, data compilations, and software (collectively, “Content”), as well as the selection, arrangement, and design of such Content contained on the Site or Fuhu Property, is owned, controlled or licensed by or to Fuhu, and is protected by copyright, patent, trade dress, and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution for any commercial enterprise, without Fuhu’s express prior written consent.
As a registered user of the Site, you may establish an account (“Account”), which may include a username, ID, or password. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your username and password, and for restricting access to your computer. You agree to accept responsibility for any and all activities that occur under your account or password. You may be held liable for losses incurred by NABI SHOP or any other user of or visitor to the Site due to someone else using your user name, password or account as a result of your failure to keep your account information secure and confidential. NABI SHOP reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
You agree to provide accurate and complete information when you register with, and as you use, the NABI SHOP Site, and you agree to update your NABI SHOP Registration Data to keep it accurate and complete. You agree that NABI SHOP may store and use the NABI SHOP Data you provide for use in maintaining and billing fees to your Account.
NABI SHOP PAYMENTS, TAXES, AND REFUND POLICY
An order is not binding upon the Site until it is accepted. The Site must receive payment before it will accept or ship an order. You agree that you will pay for all products you purchase through the Site and that NABI SHOP may charge your payment method for any products purchased and for any additional amounts (including taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING NABI SHOP WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.
Your total price will include the price of the product plus any applicable sales tax. Such sales tax is based on the bill-to address and the sales tax rate in effect at the time you order the product. We will charge tax only in states where we have or may have nexus for state tax purposes under applicable laws.
Electronic Waste Recycling Act
The Electronic Waste Recycling Act ("Act") became law in California on January 1, 2005. The primary objective of this law is to initiate a recycling program for computer products containing chemicals deemed hazardous to the environment. To fund this program, California requires retailers and e-tailers to collect, on the state's behalf, a fee for each product covered by this law. The fee is paid by the consumer at the time of purchase of the covered product. This fee will be remitted directly to the state and only applies to orders shipped within California.
The types of products that we are required to collect this recycling fee include our tablet computer devices. The actual amount of the recycling fee will vary, based on the screen size of the product when measured diagonally, as follows:
- Greater than 4" and less than 15" -- $3.00
- Greater than or equal to 15" and less than 35" -- $4.00
- Greater than or equal to 35" -- $5.00
For more information concerning the scope and details of the Act, please refer to the California State Board of Equalization website at http://www.boe.ca.gov/sptaxprog/ewaste.htm or to the California Department of Toxic Substances Control's Site at http://www.dtsc.ca.gov/HazardousWaste/index.cfm.
All unopened merchandise purchased direct from the Site unless otherwise indicated may be returned within 30 days from the original date of purchase for a refund. A Return Merchandise Authorization (“RMA”) number is required for all returns. Please contact the nabi Cares team at 1-855-363-NABI for a RMA number. A $8 restocking fee may apply. These terms apply to all refunds. Most products are shipped with a refund period unless otherwise noted in the product listing. Customers must inform NABI SHOP of any order discrepancy within 7 days from the invoice date so that we may investigate and resolve the situation accordingly.
A $8 restocking fee will be applied to all returns for refund. Shipping charges are non-refundable. No refunds after 30 days.
Third Party Resellers: If you purchase an item from an authorized reseller and need to return it, you must return that item to the Third Party Reseller rather than to NABI SHOP, and the return of that item will be subject to the restocking fee policies of that Third Party Reseller rather than those of NABI SHOP. Check the Third Party Resller's Policy Page for the restocking fee policies of individual resellers. NABI SHOP will only accept qualified returns for products purchased from NABI SHOP.
Prices for products offered via the Site may change at any time, and NABI SHOP does not provide price protection, refunds, or price adjustments in the event of a price reduction or promotional offering.
If a product becomes unavailable following a transaction but prior to shipment, your sole remedy is a refund.
NABI SHOP does not have a discount program available at this time. We work hard to offer the best values on the Internet and offer these tremendous values to all of our customers via our Site. All of our inventory shown online is live, posted in real-time and accessible 24/7/365. We also do our best to advertise any specials, promotions or rebates for our customers' benefit.
NABI SHOP strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our Site. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our Site is labeled with an incorrect price or specification due to some typographical, informational, technical or other error, NABI SHOP shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other Sites from NABI SHOP are provided as resources to customers looking for additional information. NABI SHOP does not assume responsibility for the claims and/or representations made on these or any other Sites.
NABI SHOP is not responsible for changes or variations in product specifications and/or physical appearance. In the interest of our customers, NABI SHOP puts forth its best efforts to ensure that all product information is up-to-date and factual. Unfortunately there are varying determinates which, although infrequent, could cause the information on our Site to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential. NABI SHOP will not be held responsible for product revision changes.
Product Return Procedure
- To return a product, you must obtain a Return Merchandise Authorization ("RMA") number within the guarantee return period for the product (described above). Please contact nabi Cares at 1-855-363-NABI to acquire an RMA number. All RMA requests must be requested prior to return. NABI SHOP will not accept returns without prior authorization and a RMA number. Once issued, RMA numbers are valid for 15 days within which returned products must be received by NABI SHOP. RMA numbers will not be extended or reissued. Customer should prominently display the RMA number(s) on the shipping label of boxes containing the returned product.
- Customer is solely responsible for shipping any returned product to NABI SHOP. Customer agrees to use only reputable carriers capable of providing proof of delivery and insurance for the entire value of the shipment. Customer agrees to bear all shipping and insurance charges and all risk of loss for the return product during shipment. Customer agrees that all returned products will be 100% complete, in re-saleable condition, and will include the original packaging material, manuals, blank warranty cards, and other accessories provided by the manufacturer. If any component of the returned product is missing, NABI SHOP's Return Procedure will be breached and NABI SHOP may in its sole and absolute discretion reject the entire return or choose to impose additional charges against the customer for replacement of the missing component(s).
- NABI SHOP will not refund to Customer the original shipping charges. In addition, NABI SHOP will assess a $8 restocking fee against the Customer's account on all returns for refund.
Warranties; All Product Sold "AS-IS" or "With All Faults"
NABI SHOP AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY FUHU ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ALL ITEMS SOLD THROUGH NABI SHOP ARE SOLD "AS-IS" OR "WITH ALL FAULTS." THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS WITH THE BUYER. SHOULD ANY OF THESE ITEMS PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT THE MANUFACTURER, DISTRIBUTOR, OR NABI SHOP, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. NABI SHOP DOES NOT PROVIDE WARRANTY SERVICE. PRODUCTS MAY BE SUBJECT TO A MANUFACTURER’S WARRANTY OFFERED BY FUHU OR A THIRD PARTY.
ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. FUHU MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. FUHU DOES NOT WARRANT THAT PRODUCT DESCRIPTIONS OR OTHER CONTENT OF THIS SITE WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS.
EXCEPT WHERE PROHIBITED BY LAW, FUHU DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FUHU DOES NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, THEIR SERVERS, OR E-MAIL SENT FROM FUHU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FUHU WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FUHU PROPERTIES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. FUHU DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY FUHU SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY OTHER SITES. YOUR SOLE REMEDY AGAINST FUHU FOR DISSATISFATION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The disclaimer above applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Except where prohibited by law, in no event will Fuhu be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Fuhu has been advised of the possibility of such damages.
Limitation of Liability
IN ALL CIRCUMSTANCES NABI SHOP 'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. NABI SHOP SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. NABI SHOP SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT NABI SHOP HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
You agree to indemnify and hold Fuhu, NABI SHOP, its affiliates and subsidiaries, and its and their officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, loss, liabilities, and claims or expenses (including attorneys' fees and costs of defense) made against Fuhu or any other indemnified party by any third party due to or arising from or in connection with your use of the Site.
Your total cost for purchase of any product will include the shipping and handling charges shown on your NABI SHOP invoice. However, your original shipping fees are non-refundable in the case of a returned product. Those fees are paid for the services provided by and to the original carrier, and will not be refunded to you if your item is returned for a refund to NABI SHOP.
FedEx only offers 2-Day or overnight services to Hawaii and Alaska. If you have selected FedEx Saver as your preferred shipping option and attempt to checkout, the shipping method will default to 2-Day and you will subsequently be charged accordingly.
Risk of Loss
NABI SHOP will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) and risk of loss passes to the Customer upon delivery to the carrier. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. Customer agrees to be bound by any software license agreement once the seal on the package is broken. NABI SHOP will advise Customer of estimated shipping dates, but NABI SHOP will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between NABI SHOP and Customer shall be governed by the laws of the State of California, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. NABI SHOP and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of California, Los Angeles County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against NABI SHOP that is more than one year after the date of the applicable invoice.
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law.
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.