Agilest Collections Terms and Conditions of
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT") VERY
CONDITION OF SALE
TERMS AND CONDITION OF USE
BY VISITING, BROWSING, SHOPPING, ACCESSING OR
OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY Agilest Collections YOU AGREE
TO BE BOUND BY THESE TERMS AND CONDITIONS.
Important Information About This Legal
You agree to this User Agreement, and
all of its terms and conditions, by visiting, browsing, shopping, accessing or
otherwise using the Site. These terms and conditions are subject to change
without prior notice at any time, in Agilest Collections's sole discretion. By
visiting, browsing, shopping, accessing or otherwise using the Site after a
change has been posted to the Site, the Customer accepts that change. Customers
should check this User Agreement and the Privacy Pledge frequently
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions,
constitute a legal contract between you and Agilest Collections (References to "you"
or "your" shall relate to a customer of Agilest Collections or other party that
visits, browses, shops, accesses or otherwise uses the Site (the "Customer");
references to "Agilest Collections" shall relate to Agilest Collections and its
affiliates.) By visiting, browsing, shopping, accessing or otherwise using this
site ("Site"), you acknowledge that you have read, understood, and agree to be
bound by this User Agreement and comply with all applicable laws and
regulations, including U.S. export and re-export control laws and regulations.
If you do not agree to this User Agreement, as it may be changed by
Agilest Collections from time to time, do not use this Site. The material provided
on this Site is protected by law, including, but not limited to, United States
copyright law and international treaties. This Site is controlled and operated
by Agilest Collections from its offices within the United States. Agilest Collections
makes no representation that materials in the Site are appropriate or available
for use in other locations, and access to them from territories where their
contents are illegal is not authorized. Those who choose to access this Site
from other locations do so on their own initiative and are responsible for
compliance with applicable local laws.
Any claim relating to, and the use of,
this Site and the materials contained herein is governed by the laws of the
state of GA without regard to conflict of law rules. You consent to
jurisdiction of the federal and state courts located in DEKALB County,
GA to hear any such claims.
Access, Interference and Linking
Agilest Collections grants you a limited license to access and make
personal use of the Site and not to download (other than page caching) or modify
it, or any portion of it, except as provided below under "Use Restrictions," or
with express written consent of Agilest Collections.
The following activity on
the Site is expressly prohibited: Any non-personal or commercial use of any
robot, spider, other automatic device, or manual process to monitor or copy
portions of the Site or the content contained herein without prior written
permission by Agilest Collections; collection or use of any product listings,
descriptions, or prices, from the Site for the benefit of another merchant that
supplies products competitive with or comparable to those offered on the Site;
and, Any use of, visits to, or other action that imposes an unreasonable or
disproportionately large load on the Site, or otherwise interferes with its
proper and timely functioning.
Any unauthorized use terminates the license granted by
You are granted a limited, revocable, and nonexclusive right
to create a hyperlink to the home page of the Site so long as the link does not
portray Agilest Collections, its affiliates, or their products or services in a
false, misleading, derogatory, or otherwise offensive matter. You may not use
any Agilest Collections logo or other proprietary graphic or trademark as part of
the link without express written permission.
Agilest Collections does not review
or control third-party sites that link to or from the Site, and is not
responsible for the contents of any third-party sites linked to or from the
The copyright in all material provided on this Site is held by
Agilest Collections or by the original creator of the material. Except as stated
herein, none of the material may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by any
means, including, but not limited to, electronic, mechanical, photocopying,
recording, or otherwise, without the prior written permission of Agilest Collections
or the copyright owner. Permission is granted to display, copy, distribute and
download the materials on this Site for personal, non-commercial use only,
provided you do not modify the materials and that you retain all copyright and
other proprietary notices contained in the materials. This permission terminates
automatically if you breach any of these terms or conditions. Upon termination,
you must immediately destroy any downloaded or printed materials. You also may
not, without Agilest Collections 's prior written permission, "mirror" any material
contained on this Site on any other server. Any unauthorized use of any material
contained on this Site may violate copyright laws, trademark laws, the laws of
privacy and publicity, and communications regulations and statutes.
trademarks and registered trademarks are the sole property of their respective
owners. Photographs courtesy of respective manufacturers. Agilest Collections and
the Circle of Service logo are trademarks of Agilest Collections Copyright © 2002
Microsoft and the Passport Logo are either registered
trademarks or trademarks of Microsoft Corporation in the United States and/or
other countries and are used under license from Microsoft.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL Agilest Collections BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA
OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON
THIS SITE, EVEN IF Agilest Collections OR A Agilest Collections AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE
OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR
CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
accessing the Site and using the information therein available and/or by
purchasing any products or services made available through this Site, you agree
with Agilest Collections, its service providers, agents, employees, successors,
assigns, affiliates, parents, subsidiaries and any content provider or offer or
of goods or services on this Site or through any other associated activity, that
ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU
MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE
DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS
ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in
effect at the time the claim is filed. The Code is available at
http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448.
Notwithstanding any choice of law provision included in this User Agreement,
this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C.
§§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9
U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the
award is sought). Hearings shall be held as provided by the Code and if any
In-person Hearing is required, it shall be held in Decatur, GA. Each
party shall bear its own cost of any legal representation, discovery, or
research required to complete arbitration.
review our Privacy Notice, which also governs your visit to this Site.
are responsible for maintaining the confidentiality of your account and password
and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or password. If
you are under 18, you may use the Site only with a parent or guardian.
Agilest Collections reserves the right to refuse service, terminate accounts, remove
or edit content, or cancel orders in its sole discretion.
Communications to Agilest Collections
Any communication or material you transmit to the Site by
electronic mail or otherwise, including any data, questions, comments,
suggestions, or the like is, and will be treated as, non-confidential and
non-proprietary. Anything you transmit or post may be used by Agilest Collections
for any purpose, including but not limited to reproduction, disclosure,
transmission, publication, broadcast, and posting. Furthermore, Agilest Collections
is free to use any ideas, concepts, know-how, or techniques contained in any
communication you send to Agilest Collections or the Site for any purpose
whatsoever, including but not limited to developing, manufacturing and marketing
products using such information.
If you believe that your work has been copied in a way that
constitutes copyright infringement, please
4780 Ashford Dunwoody Rd, Atlanta, GA
Disagreement with These Terms and
If you disagree with any of the
terms and conditions of this User Agreement, please do not visit, browse, shop,
access or otherwise use this Site.
Terms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE
("SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE
AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A
SEPARATE FORMAL PURCHASE AGREEMENT WITH Agilest Collections. IN WHICH CASE THE
SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal
This Sale Agreement is a legal
contract between the Customer and Agilest Collections. The Customer accepts this
Sale Agreement by making a purchase, placing an order, or otherwise shopping on
the Site. (References to "you" or "your" shall relate to the Customer;
references to "Agilest Collections" shall relate to Agilest Collections and its
affiliates.) The terms and conditions of this Sale Agreement are subject to
change without prior notice, except that the terms and conditions posted on the
Site at the time the Customer initially places or modifies an order will govern
the order in question.
This Sale Agreement constitutes the entire agreement
between the Customer and Agilest Collections relating to the purchase or sale of
goods or services on the Site. The Sale Agreement may only be modified or
terminated with regard to goods or services that have been purchased or sold on
the Site in a writing signed by Agilest Collections. Electronic records (including
signatures), that are otherwise valid, shall be accepted under the Sale
Agreement. The Customer consents to receiving electronic records, which may be
provided via a web browser or e-mail application connected to the Internet;
consumers may withdraw consent to receiving electronic records or have the
record provided in non-electronic form by contacting Agilest Collections at the
address provided below.
In the event of any conflict between the terms and
conditions stated on your purchase order and this Sale Agreement or any terms
and conditions on our invoice, you agree that the provisions of this Sale
Agreement and our invoice shall control.
AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF GA,
WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE
JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN DEKALB COUNTY, GA
FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE
Title; Risk of Loss
Title to goods herein being purchased is retained by the seller
until goods are paid for by the purchaser and at that time title passes to the
purchaser. Loss or damage that occurs during shipping by a carrier selected by
Agilest Collections is Agilest Collections's responsibility. Loss or damage that occurs
during shipping by a carrier selected by Customer is Customer's responsibility.
Title to software will remain with the applicable licensor(s).
goods herein being purchased are being purchased for purposes of export, the
Customer must obtain from the federal government certain export documentation
before shipping to a foreign country. In addition, manufacturers' warranties for
exported goods may vary or even be null and void for goods exported outside the
United States. The Customer should inquire further regarding any questions. Any
and all liability is only for the products purchased.
General Legal Disclaimer
Agilest Collections HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES
EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY
Agilest Collections IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF
Internet connectivity requires access services from an Internet
access provider. Contact your local access provider for rates, terms and
56K modems are capable of 56Kbps downloads, however, current
regulations limit download speed to 53Kbps.
Third-Party Product and Y2K
All products sold by Agilest Collections
are third party products and are subject to the warranties and representations
of the applicable manufacturers, including but not limited to Y2K compliance.
Accordingly, Agilest Collections makes no representation or warranty with respect to
the Y2K compliance of products sold.
Pricing and Information
All pricing subject to change. For
all prices, products and offers, Agilest Collections reserves the right to make
adjustments due to changing market conditions, product discontinuation,
manufacturer price changes, errors in advertisements and other extenuating
circumstances. High volume bids are welcome!
While Agilest Collections uses
reasonable efforts to include accurate and up-to-date information on the Site,
Agilest Collections makes no warranties or representations as to the Site's
accuracy. Agilest Collections assumes no liability or responsibility for any errors
or omissions in the content on the Site.
Limitation of Liability
Agilest Collections WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF
BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY
EXCEPT AS EXPRESSLY PROVIDED HEREIN. Agilest Collections WILL NOT BE LIABLE FOR
PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA
OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF
PRODUCTS OR SERVICES, Agilest Collections IS NOT LIABLE OR RESPONSIBLE FOR ANY
AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE
PURCHASE(S) UNDER THIS AGREEMENT.
CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER
PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL
TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale Agreement, its
interpretation, or the breach, termination or validity thereof, the
relationships which result from this Sale Agreement (including, to the full
extent permitted by applicable law, relationships with third parties who are not
signatories to this Sale Agreement), Agilest Collections's advertising, or any
related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code
of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the
claim is filed. The Code is available at http://www.arbitration-forum.com or can
be obtained by calling 1-800-753-9448. Notwithstanding any choice of law
provision included in this Sale Agreement, this arbitration agreement is subject
to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on
the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the
jurisdiction where enforcement of the award is sought). Hearings shall be held
as provided by the Code and if any In-person Hearing is required, it shall be
held in Decatur, GA. Judgment on the award rendered by the arbitrator(s)
may be entered by any court having jurisdiction. Each party shall bear its own
cost of any legal representation, discovery, or research required to complete
Orders; Payment Terms; Interest;
Orders are not binding upon
Agilest Collections until accepted by Agilest Collections. Terms of payment are within
Agilest Collections's sole discretion. Invoices are due and payable within the time
period noted on the invoice, measured from the date of the invoice.
Agilest Collections may invoice parts of an order separately. Customer agrees to pay
interest on all past-due sums at the highest rate allowed by law. The Customer
is responsible for sales and all other taxes associated with the order.
Shipping and handling charges on all orders vary; contact your
Agilest Collections account manager for our most current and competitive rates,
options and shipping specials. For the Customer's protection, we ship only to
the verified billing address of the Customer's credit card. In some
circumstances, international shipping may be available. Call for details.
The following refund policy applies to all products except
those stating their own refund policy with the product
||Agilest Collections offers a
7 days return policy on selected items based on manufacturer
return policies. For further information not listed, please contact your
Agilest Collections account manager. |
||Please call 404-808-1968 or
e-mail our Returns Department at email@example.com to obtain a Return
Merchandise Authorization (RMA) number before shipping your product. NO
returns of any type will be accepted without an RMA number. For faster
service, please have the following information on hand when calling for an
RMA number: customer name, invoice number, serial number and nature of the
||All products returned MUST:
be 100 percent complete, contain ALL original boxes and packing materials,
have original UPC codes on the manufacturer boxes, contain all manuals,
blank warranty cards and other accessories and documentation provided by
the manufacturer. |
||You are responsible for
shipping charges on returned items; Agilest Collections will match your
shipping method on your replacement or exchange item(s). |
||Agilest Collections strongly
recommends you fully insure your return shipment in case it is lost or
damaged and you use a carrier that can provide you with proof of delivery
for your protection. |
||If merchandise arrives
damaged: it is best to REFUSE it back to the carrier attempting delivery.
If you accept the package make sure it is noted on the carrier's delivery
record in order for Agilest Collections to file a damage claim. Save the
merchandise AND the original box and packing it arrived in, notify
Agilest Collections immediately to arrange for a carrier inspection and a pick
up of damaged merchandise. If you do not notify Agilest Collections of damaged
goods within the first 15 days of arrival, our regular return policy will
override any claim of damage, and will fall under all current manufacturer
restrictions. Call 404-808-1968 or your Agilest Collections account manager to
arrange for carrier inspection and a pick up of damaged merchandise.
||DEFECTIVE returns can be
returned directly to Agilest Collections within 7 days from the
invoice date, at Agilest Collections's discretion for: credit, replacement,
exchange or repair. |
do apply and are outlined in our detailed policy. Any item that is missing
the UPC can ONLY be replaced with the same item. After 7
days, all manufacturers' warranties apply. |
||NON-DEFECTIVE returns can
be accepted directly by Agilest Collections within 7 days from
the invoice date, at Agilest Collections's discretion for: credit, exchange.
All NON-DEFECTIVE returns are subject to a 30 percent
restocking fee. |
||Due to manufacturers'
policies, Agilest Collections cannot accept returns of the following items for
exchange, replacement or credit FOR ANY REASON: (Agilest Collections
exceptions). DEFECTIVE merchandise can be returned for REPAIR ONLY to:
Agilest Collections, the manufacturer direct or any authorized service center
in your area. Additional manufacturers may be added to this list as:
manufacturer policies change, manufacturer goes out of business or in the
case of specially ordered items. |
Agilest Collections reserves the right to authorize
product returns beyond 7 days from the invoice date.
shipping charges are refunded on returned items. Customers are
responsible for all shipping charges back to Agilest Collections on returned items,
and Agilest Collections will pay the shipping charges on the replacement or exchange
item(s) going back.
Credit card charges are processed online after ordering the
products and/or services.