• "UITOX TERMS OF PURCHASE

  • PLEASE READ THESE TERMS CAREFULLY BEFORE COMPLETING A PURCHASE
  • Lasted Revised: August 30, 2015
  • These Terms of Purchase (the “Purchase Terms”) are a legal agreement between you and Uitox Inside Corporation (“Uitox,” “we” or “us”). These Purchase Terms govern your purchase of all products and services available at www.uitox.com and www.uncleroast.com (“Site”) (collectively the products and services are referred to as “Products”). If you submit an order to purchase Products, you signify your consent to these Purchase Term as well as the Site Terms of Use located at www.uitox.com and www.uncleroast.com THESE PURCHASE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, A DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY; see Sections 3 to 19.
  • 1. Additional Terms. Additional terms, such as software licenses and limited warranties, may be provided on the Site or made available to you with the Products (“Additional Terms”). If Additional Terms conflict with these Purchase Terms, these Purchase Terms will govern.
  • 2. Eligibility. You must be 18 years of age or older and located in the United States in order to purchase Products under these Purchase Terms. By purchasing a Product, you represent and warrant that you are a United States resident and at least 18 years of age. If we discover or have any reason to suspect that you are not at least 18 years of age or located in the United States, we reserve the right to cancel your order(s).

  • 3. Product Descriptions. We attempt to display and describe Products accurately. However, we do not warrant that Product descriptions (including images) are accurate, complete, reliable, current, or error-free. If a Product is not as described, your sole remedy is to return it in unused condition in accordance with Section 9.

  • 4. Prices and Price Changes. Prices stated on the Site exclude all taxes and third party charges (e.g., shipping), unless stated otherwise. You are responsible for any taxes and for all other charges (e.g., third party charges). All Prices listed on the Site are in U.S. Dollars unless expressly stated otherwise.

  • 5. Fees and Payment. You will pay Uitox the prices listed on the Site for all orders for Products submitted through the Site. If you purchase a Product, you authorize us or any third party that processes payments for us to use the payment method you select at the time you submit your order. You acknowledge and agree that Uitox is not responsible for any third party Payment processor. We may process the payment at the time of order submission or later, such as at the time when we ship the Product. You agree that we may retain your credit card or other payment information for future purchases. "
  • "6. Your Billing Information. You agree to provide accurate contact and billing information and to update it so that it remains accurate. If your billing information is not accurate or you change your payment method and we cannot process a payment, we may cancel the order. If you notify us that you would like to change your payment method, your notice to us will not affect charges we submit before we reasonably could act on your request.

  • 7. Availability. You may purchase Products if and when they are available. We do not guarantee availability of any Product.

  • 8. Cancelation of Orders. Unless otherwise provided by applicable law or pursuant to a limited warranty provided in or with a Product, all purchases are final and charges are earned once the order is submitted, the order may not be cancelled. We may cancel a Product order, for any reason at any time; provided that if you have already paid for the Product we will refund you the amount you paid to us.

  • 9. Product Returns and Refunds. You may return new and unused Products to Uitox for up to 30 days after the date you submitted your order for the Product to the Site (“Return Period”). If you want to return the Product within the Return Period, you must contact the supplier,Ting Shan Enterprise Co.,Ltd., at uncleroasttw@gmail.com and obtain a return authorization which you must include with the Product when you return it. If you did not receive the Product you ordered or we determine the Product was defective when you received, we will pay the return shipping and refund to you the purchase price plus original shipping charges. If you return the Product for any other reason, you will be responsible for the cost of return shipping and we will refund to you the purchase price, but not the original shipping charges. If the Product is returned for any reason other than Product defect, we reserve the right to charge you a restocking fee up to the purchase price of the Product and deduct it from any refund we issue to you. If the product has been opened and/or used, we reserve the right to accept or refuse the return. Refunds will be issued using the same payment method you used to pay for the Product.

  • 10. Shipping and Risk of Loss. If you order a Product that will be shipped to you, the title and risk of loss transfers to you when it is delivered to our carrier for shipment to you.

  • 11. Promotions and Trial Period. Promotions (including all coupons, sweepstakes, contests, and trial offers) are governed by the terms presented to you in connection with those promotions. If there is a conflict between these Purchase Terms and the specific promotion terms, the specific promotion terms will control. Promotions are only redeemable and available during the period designated by us. Offers cannot be combined unless expressly stated. Promotion codes and coupons have no cash value. We reserve the right to impose conditions or restrictions on the redemption of any promotional product or service. "
  • "12. Warranties. If a limited warranty is provided by the manufacturer in or with a Product (“Product Warranty”), the terms of the Product Warranty will apply and govern in the event of any conflict with these Purchase Terms.

  • 13. Warranty Disclaimer. UNLESS SET FORTH OTHERWISE IN A PRODUCT WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE, REMAINS WITH YOU. UITOX AND ITS SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL LAWS THAT THESE PURCHASE TERMS CANNOT CHANGE. IN PARTICULAR, TO THE EXTENT LOCAL LEGISLATION IMPLIES STATUTORY TERMS WHICH CANNOT BE EXCLUDED, THOSE TERMS ARE DEEMED INCORPORATED INTO THIS DOCUMENT BUT UITOX’S LIABILITY FOR A BREACH OF THOSE STATUTORY IMPLIED TERMS IS LIMITED IN ACCORDANCE WITH AND TO THE EXTENT PERMISSIBLE UNDER THAT LEGISLATION.

  • 14. Disclaimer of Certain Damages. IN NO EVENT WILL UITOX OR ANY SUPPLIER BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO PRODUCTS OR THESE PURCHASE TERMS, EVEN IF UITOX OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  • SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 14 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 14 MAY NOT APPLY TO YOU.
  • "
  • "15. Limitation of Liability and Exclusive Remedies. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTIONS 13 OR 14, UITOX’S AND ITS SUPPLIERS’ MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE PURCHASE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO PRODUCTS OR THESE PURCHASE TERMS WILL BE TO RECOVER THE ACTUAL DAMAGES YOU INCUR BASED UPON REASONABLE RELIANCE ON PRODUCTS OR THESE PURCHASE TERMS UP TO AMOUNT YOU PAID TO UITOX FOR THE PRODUCT. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO PRODUCTS OR THESE PURCHASE TERMS WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.

  • SOME JURISDICTIONS DO NOT ALLOW CERTAIN DAMAGE LIMITATIONS SUCH AS THE LIMITATION OF LOSS OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 15 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED. IF YOU LIVE OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE EXCLUSIONS IN THIS SECTION 15 MAY NOT APPLY TO YOU.

  • 16. Independent Remedies. The exclusion of damages under Section 14 is independent of your exclusive remedy in Section 15 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 14 and 15 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.

  • 17. Dispute Resolution. For any dispute or claim you may have arising out of or relating to Products or these Purchase Terms, you and we will each give the other the opportunity to resolve it by sending the other a written description along with relevant documents, supporting information and the proposed resolution before pursuing a claim in accordance with Section 19. Notice to us will be sent to the contact in Section 22. We will attempt to notify you in writing if we have your email or mailing address. If we do not have your address we will post a notice in the legal notices section on our web site at www.uitox.com. You and we each agree to negotiate disputes and claims in good faith. If we are unable to resolve the dispute or claim within 60 days after we receive your notice or we mails or post the notice to you, you and we agree that each may pursue the dispute or claim in accordance with the processes outlined in Section 19.

  • 18. Governing Law. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Purchase Terms. Oregon state law will govern the interpretation of these Purchase Terms applies to all claims under or for breach of it or relating to the Product (regardless of conflict of laws principles), except where the application of another law cannot be prevented by agreement. All claims where applicable law prohibits the application of Oregon state law (including certain claims under consumer protection laws, unfair competition laws, and in tort) will be governed by the laws of the state where you live in the United States.
  • "
  • "19. AGREEMENT TO ARBITRATE; CLASS ACTION WAIVER; AND LOCATION OF DISPUTE RESOLUTION. YOU AND WE EACH AGREE THAT ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATED TO PRODUCTS OR THESE PURCHASE TERMS BY BINDING ARBITRATION BY A SINGLE NEUTRAL ARBITRATOR OR, IF THE CLAIM QUALIFIES, IN SMALL CLAIMS COURT. YOU AND WE EACH ALSO AGREE THAT THESE TERMS AFFECT INTERSTATE COMMERCE SO THE FEDERAL ARBITRATION ACT APPLIES INCLUDING WITH RESPECT TO ANY QUESTION OF WHETHER A CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION (DESPITE THE CHOICE OF GOVERNING LAW IN THIS SECTION). YOU AND WE EACH AGREE TO ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE BASIS, REGARDLESS OF THE APPLICATION OF PROCEDURAL RULES BY ANY ARBITRATOR. IF ANY COURT OR ARBITRATOR HOLDS THAT THE CLASS ACTION WAIVER IS UNENFORCEABLE, THEN THE DISPUTE MUST BE BROUGHT IN A STATE OR FEDERAL COURT. YOU AND WE AGREE THAT THE LOCATION OF THE ARBITRATION OR COURT WHERE THE DISPUTE WILL BE RESOLVED WILL BE THE LARGEST CITY IN YOUR STATE WITHIN 200 MILES OF WHERE YOU LIVE. YOU AND WE EACH ALSO AGREE THAT FOR ARBITRATED CLAIMS THE ARBITRATOR’S AWARD WILL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. The American Arbitration Association (AAA) will arbitrate all disputes and the AAA's Supplementary Procedures for Consumer-Related Disputes will apply. You and we each are responsible for our own respective costs relating to the arbitration, except that we will pay the arbitration administrative or filing fees, including the arbitrator fees. An arbitrator may award on an individual basis any relief authorized by law, including injunctive or declaratory relief and attorneys' fees. If you are unable to resolve the dispute after following the process in Section 17 and you want to arbitrate, to begin arbitration you must send a letter requesting arbitration and describing your claim to the contact listed for us in Section 22.

  • 20. Changes to these Purchase Terms. Uitox reserves the right to change these Purchase Terms at any time upon notice to you which may be provided by updating these Purchase Terms on the Site. You agree to periodically review these Purchase Terms for changes and you can review the most current Purchase Terms at any time at http://www-us3.uitox.com/BW000147/custom/201511B200000011. Updated Purchase Terms are binding on you as of the effective date indicated in our notice. Your submission of an order for a Product after the effective date indicates your acceptance of the updated Purchase Terms, even if you have not reviewed them. If, at any time, you do not agree to the Purchase Terms, you should not place any order for Products.
  • "
  • "21. General. If any provision of these Purchase Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and Uitox intend that the provisions of these Purchase Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and Uitox agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. Uitox may assign these Purchase Terms, in whole or in part, at any time with or without notice to you. You may not assign these Purchase Terms or assign, transfer, or sublicense any rights or delegate any duties hereunder. Uitox’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on Uitox if it is in a written document signed by Uitox. Both you and Uitox warrant to each other that, in entering these Purchase Terms, neither Uitox or you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Purchase Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Uitox, or Uitox’s successors and permitted assigns, will have any right to enforce any of these Purchase Terms.

  • 22. Notices. Uitox may give you all notices (including legal process) that Uitox is required to give by any lawful method, including by posting notice on the Site or by sending it to any email or mailing address that you provide to Uitox. You agree to provide current and accurate contact information to Uitox and to check for notices posted on the Site. You agree to send Uitox any notice by mailing it to:
  • Uitox Inside Corporation
  • PO BOX 23216
  • PORTLAND, OR 97281
  • Attention: Customer Service
  • "