Terms and Conditions
ValueFest.com is a service of NeutralEz LLC. Accordingly, any purchase on ValueFest.com is a purchase from NeutralEz LLC, and all terms, conditions and other agreements contained herein are between the Buyer and NeutralEz LLC. ValueFest.com and NeutralEz LLC are collectively referred to as “NEUTRALEZ” hereafter.
Any Order placed and using a password assigned to Buyer is the equivalent of a signed purchase Order and is valid and legally binding on Buyer, whether or not such Order is placed by Buyer. It is an express condition of each sale made by NEUTRALEZ that the terms and conditions of this Agreement shall prevail regardless of any conflicting terms in any Order or in any other correspondence sent by Buyer. All Orders are subject to approval by NEUTRALEZ. NEUTRALEZ reserves the right, in its sole discretion and without cause, to: (a) reject any Order; (b) limit the quantity or value of Products that Buyer may purchase; (c) require payment in full before it will accept an Order; and/or (d) demand that Buyer provide adequate security for an Order, as determined in NEUTRALEZ’s sole discretion. In the event of any of the foregoing conditions, NEUTRALEZ shall provide notice to Buyer as set forth in the Notice Section of this Agreement. Orders may be placed via the Site 24 hours a day, seven days a week, except while the Site is being maintained. All Orders placed after 4:00 P.M. (Eastern Time) on business days and all Orders placed on Saturdays, Sundays or NEUTRALEZ holidays shall be processed on the next NEUTRALEZ business day. NEUTRALEZ hours of operation are 8:00 A.M. through 5:00 P.M. (Eastern Time) Monday through Friday.
FREIGHT AND CHARGES
Prices stated are FOB Shipping Point: NEUTRALEZ ’s responsibility for safe delivery of Products ceases and title passes to Buyer when NEUTRALEZ obtains carrier’s receipt in good condition. Buyer pays all transportation costs. No Order is effective until expressly accepted by NEUTRALEZ. Delivery schedules given by NEUTRALEZ for accepted Orders will be estimates only. Buyer shall be responsible for any taxes, if any, imposed by Federal, state or other governmental authority on the purchase of the Products from NEUTRALEZ except for the state of Georgia. NEUTRALEZ will collect and remit to the state of Georgia all sales taxes due on the sale of products delivered within the state of Georgia. Sales taxes due on the sale of products delivered outside the state of Georgia are the responsbility of the Buyer , where applicable. Such taxes will be noted on the invoice, to the extent possible.
NEUTRALEZ has established the price for shipment of Products hereunder in accordance with its price list as published by NEUTRALEZ from time to time and applicable as of the date of receipt of the Order. The obligation of Buyer to pay for the Products sold hereunder shall be absolute notwithstanding any claim that Buyer may assert against NEUTRALEZ. Buyer shall have no right to set-off, compensate itself or make any deduction from its payments for any reason whatsoever.
Because Orders are released to the distribution center immediately upon online submission, Orders cannot be canceled.
NEUTRALEZ shall not be obligated to accept returns. No return will be accepted unless a Return Authorization shipping label is approved and issued by a NEUTRALEZ representative. Returns of worn and/or embellished merchandise will not be accepted. For
items to qualify for return, they must be unwashed and have tags
attached. Washed items, or items that have been worn and show evidence
of wear and tear will not be accepted and can not be returned. HEAVY
SMOKERS, please note, items returned that smell of smoke can not be sold
as new, and thus can not be accepted. Authorized returns may be subject to a fifteen percent (15%) restocking fee. However, store credit equal to the restocking fee will be issued for use on future purchases. To obtain an authorization to return merchandise, a fully completed form for returns (hereinafter “Return Form”) that is available online under the Returns page, must be made within fourteen (14) days of receipt by the customer as specified by the delivery confirmation issued by the third party carrier used to deliver the customer's order (UPS, USPS, Fedex, etc.). Receipt of this form within 14 days qualifies as notice of your intent to return an item. The Customer Service phone number is (877) 396-3887. Upon approval of the request, a Return Authorization email will be sent to Buyer. A Return Authorization number is required for proper credit to Buyer’s account.
These require authorization as well and work more or less the same way as a return. Exchanges are self service. Upon return, you will receive an email acknowledging that the items have been received. Concurrently, you will receive a refund to your credit card less the restocking fees. The restocking fee will be recouped by you upon selection of your replacement item and will occur at check out. If you chose not to complete your exchange, store credit will remain in your account. Please note, this also allows you to choose an entirely different item if you want.
CLAIMS AND DAMAGES
All claims relating to Products delivered by NeutralEz to Buyer under this Agreement shall be made by Buyer within thirty (20) days after receipt of Products. NeutralEz’s liability shall be limited, at NeutralEz ‘s option, to the replacement, or refund of the price, of any Product that is found by NeutralEz to be non-conforming. Without limiting the effect of any other requirement or provision contained herein, any claim or cause of action arising out of or relating to the Products, any Order or this Agreement must be brought by Buyer within one (1) year after any such claim or cause of action arises.
Buyer agrees that an invoice from NeutralEz may be the only documentation provided by NeutralEz for purchase and payment of Products Ordered via www.http://www.ValueFest.com . NeutralEz shall send a copy of the invoice to the email address provided by Buyer. Invoices are also available at http://www.ValueFest.com .
TERMS OF PAYMENT
The payment terms for Orders (excluding credit card transactions) are net thirty (30) DOI (from invoice date). NeutralEz reserves the right to impose finance charges on past due balances and on payments not made within the specified terms, including amounts unpaid due to unauthorized charge-backs. Such finance charges shall be the lesser of 1-1/4% per month or the maximum rate permitted by law. Where permitted by applicable state law, Buyer shall pay NeutralEz reasonable attorney’s fees.
NeutralEz shall not be liable for any damages resulting from any failure to deliver any Products hereunder or otherwise perform its obligations under this Agreement where such failure has been occasioned by fire, flood, storm, earthquake, epidemic, war, terrorism, embargo, labor disputes, failure to secure material from usual sources of supply or any other circumstances beyond NeutralEz’s control not enumerated above which shall prevent NeutralEz from making deliveries or otherwise performing under this Agreement in the usual course of business. Nothing contained herein shall obligate NeutralEz to settle any labor dispute.
ACCEPTANCE OF ONLINE SALES TERMS AND CONDITIONS
Buyer’s placement of an Order, or acceptance of Products, constitutes acceptance of the terms and conditions of this Agreement. No course of prior dealings between the parties and no usage of trade shall be relevant to, supplement or explain any term used herein. No terms in addition to or in conflict with any of these terms, which are contained in any purchase order or other document from Buyer (even though receipted for or executed on behalf of NeutralEz ) shall be binding on NeutralEz in the absence of an express written acceptance (other than on such document) specifically identifying the provision and signed by an officer of NeutralEz . Any additional or different terms provided by Buyer are hereby deemed to be material alterations and notice of objection to them, and rejection of them, is hereby given. No verbal agreements shall be binding.
NEUTRALEZ MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SITE OR ANY PRODUCTS SOLD THROUGH THE SITE. ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, AND ANY OTHER IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING OR TRADE USAGE ARE HEREBY EXPRESSLY DISCLAIMED BY NEUTRALEZ AND EXCLUDED FROM ANY AGREEMENT MADE BY ACCEPTANCE OF ANY ORDER. IN ADDITION, NEUTRALEZ MAKES NO REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE OR VIRUS FREE, AND NEUTRALEZ SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS, ERRORS OR VIRUSES.
BUYER SHALL HAVE NO AUTHORITY TO WARRANT THE GOODS OTHER THAN AS EXPRESSLY SET FORTH IN WRITING BY NEUTRALEZ, EXCEPT WHERE BUYER SPECIFIES THAT ANY SUCH WARRANTY IS SOLELY FOR ITS ACCOUNT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL NEUTRALEZ BE LIABLE TO BUYER, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, FOR LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, LOSS OF SALES, LOSS OF TRADE, LOSS OF SAVINGS, LOSS OF ECONOMIC OPPORTUNITY OR ADVANTAGE, OR LOSS OF GOODWILL, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE USE OF THE SITE, THE INABILITY TO USE THE SITE, OR THE SALE, DISTRIBUTION, DELIVERY, NON-DELIVERY, CONDITION, USE, OWNERSHIP, POSSESSION, OPERATION, TRANSPORTATION, LOADING, UNLOADING OR RETURN OF THE PRODUCTS, OR FOR ANY CLAIM MADE AGAINST BUYER BY ANY THIRD PARTY, EVEN IF NEUTRALEZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM. IN NO EVENT SHALL THE LIABILITY OF NEUTRALEZ TO BUYER IN CONNECTION WITH ANY CLAIM MADE BY BUYER IN CONNECTION WITH THE PRODUCTS OR THIS AGREEMENT, WHETHER ARISING IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY), EXCEED THE PURCHASE PRICE OF THE PRODUCTS IN RESPECT OF WHICH SUCH CLAIM IS MADE.
Buyer hereby waives any future challenge to the validity and enforceability of this Agreement and any Order on the grounds that the Order was electronically transmitted and authorized.
COMPLIANCE WITH LAWS AND REGULATIONS
Buyer shall be responsible for complying with any and all applicable United States laws or regulations, including any United States export law or regulation, as well as any applicable local or foreign laws or regulations, relating to any resale, distribution, promotion, or marketing by Buyer of any Products purchased under this Agreement, and shall defend, indemnify and hold NEUTRALEZ harmless from and against any fine, penalty, liability or damage (including, without limitation, reasonable attorneys’ fees) arising out of Buyer’s failure to comply with any such laws or regulations.
CHOICE OF LAW AND JURISDICTION
This Agreement shall be governed by the laws of the State of Nevada and the State of Georgia, where applicable, without regard to any conflict of laws provisions. NEUTRALEZ and Buyer hereby expressly exclude the application of: (a) the 1980 United Nations Protocol on the Limitation Period in the International Sale of Goods with respect to the sales covered by this Agreement. Buyer hereby irrevocably consents to the exclusive jurisdiction of the Federal and State courts (both trial and appellate) located in the State of Georgia in connection with any and all suits, actions or other proceedings arising out of or in relation to this Agreement.
NEUTRALEZ may provide any notice required under this Agreement to Buyer, including notices of Changes to Terms and Conditions (as referenced below), by any of the following methods: (a) first class mail, postage prepaid at the address shown on NEUTRALEZ’s records; (b) electronic mail at the address shown on NEUTRALEZ’s records; or (c) by posting a notice on the Site. Except as set forth above in connection with notice regarding passwords, Buyer may provide notice or submit requests in writing to NEUTRALEZ by first class mail, postage prepaid, return receipt requested or electronic mail properly addressed to the following:
C/O Neutralez LLC
P0 Box 8553
Atlanta, GA 30306
Buyer shall be deemed to have received any notice provided under this Agreement within three (3) business days after it is sent or posted unless otherwise specifically set forth in this Agreement, regardless of whether Buyer actually receives or sees the notice during such timeframe. NEUTRALEZ shall be deemed to have received any such notice three (3) business days after actual receipt. Any inquiries regarding any Order may be made in writing to the addresses above or by telephone to Customer Service at (877) 396-3887.
ASSIGNMENT OF RIGHTS
Buyer cannot assign any rights, nor delegate any duties, under this Agreement without NEUTRALEZ’s prior written consent. This Agreement is freely assignable by NEUTRALEZ . This Agreement shall be binding on and inure to the benefit of any permitted successors and assigns.
This Agreement constitutes the entire agreement between the parties and contains all of the agreements between the parties with respect to the subject matter hereof. This agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof. The terms of the Agreement may not be modified except by a written agreement signed by both parties.
No claim or right of NEUTRALEZ arising out of a breach of this contract shall be discharged in whole or in part except in writing. No delay by NEUTRALEZ in exercising any right hereunder shall operate as a waiver or renunciation thereof, nor preclude any further exercise thereof or the exercise of any other such right.
If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect
CHANGES IN TERMS AND CONDITIONS
NEUTRALEZ shall be free at any time to change this Agreement and any of the terms and conditions herein, including prices or the terms of payment (“NEUTRALEZ Change”). Notwithstanding the foregoing, no NEUTRALEZ Change shall become effective until ten (10) days after written notice to Buyer of such NEUTRALEZ Change, and shall have no effect on any Order placed prior to such effective date. Buyer may submit in writing a request for a copy of any NEUTRALEZ Change. Buyer’s continued participation in the Program after the effective date of any NEUTRALEZ Change will constitute its acceptance of the NEUTRALEZ Change and the revised Agreement.
By check “I agrees to the terms and conditions.” at the checkout page upon purchase of products, you are verifying that you are an authorized representative of Buyer and wish to accept this Agreement . If you are not sure whether you are authorized to accept this Agreement on behalf of Buyer, do not check “I agree to terms and conditions.”
I have read and understand the terms and conditions set forth in this Agreement.