Effective Date: November 11, 2019
Addendum to General Terms and Conditions - Non-Digital Goods
This Agreement shall apply to all orders placed with CARTMEGA (“Seller”, “Us”, “We”) by YOU (“You” or “User” or “Buyer”). This Agreement between Buyer and CARTMEGA constitutes an addendum (“Addendum”) to the Contract referred in the Introduction of the “General Terms and Conditions” of CARTMEGA.
It governs all purchase orders and/or long term contracts entered into between Buyer and Seller related to any goods and/or services to be provided by Seller to Buyer ("Goods and Services" or "Products" or "Items" or "Goods" or "Services") but excluding any digital goods and/or downloadable products.
Seller and Buyer now desire to amend the Contract in the respects, but only in the respects, hereinafter set forth.
1. 14 DAY SATISFACTION GUARANTEED RETURN POLICY
To qualify for a refund, all the following conditions must be met:
A return authorization must be requested within 14 days from the date of your receiving the product. To request a return authorization you must contact Customer Services.
You must return the Product to Cartmega to receive a refund. Returned Product(s) must be in good physical condition (not physically broken or damaged). All accessories originally included with your purchase must be included with your return. In addition, if the product is a wearable item such as clothing or shoes, it must be returned unworn and with all labels attached.
The return authorization number must be included along with your returned product.
Additional terms and conditions:
Shipping and handling charges, gift wrap fees, and taxes paid (such as state, customs, or VAT) are not refundable.
You are responsible for and must prepay all shipping charges and you assume the risk of loss or damage to the returned Product(s) while in transit back to Cartmega.
If you return Product to Cartmega (a) without a return authorization from Cartmega or (b) without all parts and accessories originally included with your purchase, Cartmega retains the right to either refuse acceptance of such return or charge you a restocking fee of 15% of the original price of the Product(s) or the retail value of the missing parts and accessories, whichever is higher.
2. LIMITED PRODUCT WARRANTY
Cartmega warrants to the original purchaser that your Cartmega device and Cartmega device accessories (collectively, the "Product") shall be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of purchase, except that if the product is a wearable item (such as clothing, shoes, handbags, fashion accessories, and generally any Fashion item) then no warranty is provided (the "Warranty Period"). Seller offers no warranty for repairs resulting from wear and tear, accident, neglect, abuse, improper use and any adjustments to the appliance made by Buyer or third parties.
If such a defect arises and a return authorization request is received by Cartmega within the applicable Warranty Period, Cartmega will, at its option and to the extent permitted by law, either (1) repair the Product at no charge, using new or refurbished replacement parts or (2) replace the Product with a new or refurbished Product. In the event of such a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. This Limited Product Warranty is valid only in the jurisdictions where the Products are sold by Cartmega itself or through its authorized reseller or agent and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement Product will be warranted for the remainder of the original warranty period or fourteen (14) days, whichever is longer, or for any additional period of time that may be required by applicable law. No refunds will be issued of any kind.
HOW TO OBTAIN WARRANTY SERVICE
To obtain warranty service, a return authorization must be requested from our customer service team. To request a return authorization, please contact Customer Services. The return authorization number must be included along with your returned product. You must deliver the Product, in either its original packaging or packaging providing an equal degree of protection, to the address specified by Cartmega. As may be required by applicable law, Cartmega may require you to furnish proof of purchase details and/or comply with other requirements before receiving warranty service. It is your responsibility to backup any data, software, or other materials you may have stored or preserved on the Product. It is likely that such data, software, or other materials will be lost or reformatted during warranty service, and Cartmega will not be responsible for any such loss.
EXCLUSIONS AND LIMITATIONS
Cartmega does not warrant that the operation of the Product will be uninterrupted or error-free. This Limited Product Warranty does not cover software embedded in any Product and related services provided by Cartmega.
This Limited Product Warranty applies only to the original purchaser of the Product that was purchased from Cartmega or from an authorized reseller or sales channel. Without limiting the foregoing, the Limited Product Warranty does not apply to any (a) Cartmega products and services other than the Products, (b) non-Cartmega products, even if included or sold with a Product, including, without limitation, any counterfeit products, (c) products that are, or Cartmega reasonably believes to be, stolen, (d) consumables (such as batteries), or (e) software, even if packaged or sold with the Product or embedded in the Product. This Limited Product Warranty does not apply to wearable items (such as clothing, shoes, handbags, fashion accessories, and generally any Fashion item). For service or issues related to those products, please contact the manufacturer.
This warranty does not apply to a Product or part of a Product that has been serviced, altered, refurbished, or modified by anyone who is not authorized by Cartmega, nor does it apply to any cosmetic damage such as scratches and dents. In addition, this Limited Product Warranty does not apply to damage or defects caused by (a) use with non-Cartmega products; (b) accident, abuse, misuse, mishandling, flood, fire, earthquake or other external causes; (c) normal wear and tear or aging of the Product such as discoloration or stretching; or (d) operating the Product (i) outside the permitted or intended uses described by Cartmega, (ii) not in accordance with instructions provided by Cartmega, or (iii) with improper voltage or power supply.
No Cartmega reseller, distributor, agent or employee is authorized to make any modification, extension, or addition to this Limited Product Warranty. If any term contained herein is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
The Buyer acknowledges and agrees that You shall indemnify, hold harmless and defend CARTMEGA and its wholly owned subsidiaries, at Your expense, from any and all third-party claims, actions, proceedings, and suits brought against CARTMEGA or any of its officers, directors, employees, agents, consultants, and other representatives or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by CARTMEGA or any of its officers, directors, employees, agents, consultants, and other representatives or affiliates, arising out of or relating to (i) Your breach of any Term or condition of this Agreement, (ii) Your use of the Website, (ii) Your installation or usage of the Goods and Services, (iii) Your violations of applicable laws, rules or regulations in connection with the Website or the Goods and Services, (iv) any representations and warranties made by You concerning any aspect of the Website or the Goods and Services, to any Third Party; (v) any claims made by or on behalf of any Third Party pertaining directly or indirectly to Your use of the Website or Your installation or usage of the Goods and Services; (vi) violations of Your obligations of privacy to any Third Party; and (vii) any claims with respect to acts or omissions of any Third Party in connection with the Website or the Goods and Services. CARTMEGA will provide You with written notice of any claim, suit or action from which You must indemnify CARTMEGA. You will cooperate as fully as reasonably required in the defense of any claim. CARTMEGA reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You. This clause shall survive termination of this agreement for any reason whatsoever.
4. DISCLAIMER OF WARRANTIES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, CARTMEGA MAKES NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT.
5. LIMITATION OF LIABILITY.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, CARTMEGA WILL NOT BE LIABLE FOR YOUR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE CARTMEGA OR ITS SUBSIDIARIES AND AFFILIATES HAVE BEEN ADVISED OF, KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. CARTMEGA'S (AND ITS WHOLLY OWNED SUBSIDIARIES') TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED €10 (EUR).
Seller reserves the right to change these Terms and conditions or any additional terms that apply to the Goods and Services to, for example, reflect changes to the law or changes to the Goods and Services, and may refuse service for any reason. You should look at the Terms regularly. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of CARTMEGA, (ii) You accept updated Terms online, or (iii) You continue to use the Website after CARTMEGA has posted updates to the Agreement or to any policy governing the Goods and Services.
If You have any questions about these Terms and Conditions or to report any abuse, please contact us.
Last updated: November 11, 2019