Last updated: November 04, 2015
Please not this site is governed by the Scalefast Terms and Conditions of Sale, listed in this document.
These Terms of Sale ("Terms of Sale" or "Agreement") are a legal document that explains your rights and obligations as a Customer. Please read it carefully.
The present Terms and Conditions of Sale define and regulate the contractual relation between the Reseller and you, the Customer, also defined below as the user of the Website.
The Reseller is an online and offline e-commerce solutions provider.
The present Terms and Conditions of Sale apply exclusively between the Reseller and any person who visits the Website or makes a purchase from the Website.
You have access to and may become familiar with the Terms and Conditions of Sale directly on the Website. These Terms and Conditions of Sale may be altered at any point in time, at the discretion of the Reseller. Enforceable terms and conditions consist those published on the Website, binding as of their date of registration. At all times, you are solely responsible for remaining knowledgeable about, and in compliance with, these Terms & Conditions of Sale.
Your failure to cease to use the Reseller’s ecommerce solutions affected by the amendment will constitute your tacit acceptance of the amended terms. If you don’t agree to the amendments or to any of the terms in this Agreement, your only remedy is to cease to use the Reseller’s ecommerce solutions. The Reseller shall not have any obligation to refund any fees that may have accrued to you, nor shall the Reseller have any obligation to prorate any fees in such circumstances.
The information given on the said Website may be modified by the Reseller without prior notification.
The simple act of placing an order on the Website implies acceptance, without reserve, of the present Terms and Conditions of Sale.
Products are for sale within the limit of available stock. Offers for Products that are out of stock shall be valid on the condition that they can be obtained from the Reseller’s suppliers. The Reseller shall grant a limited license of access and use of the Website. The processing and delivery of orders shall always be honored upon availability of stock.
Your Product Order is a binding offer to the Reseller to purchase the said Products. Upon the placement of an order an ensuing and immediate confirmation message will be displayed followed by a confirmation email to you. Such automatic confirmation does not constitute an acceptance by the Reseller of your order, but a notice of acknowledgement. The Reseller's acceptance of your order shall occur and a contract shall form only once the Reseller approves the order. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail confirmation to you that we've dispatched the product to you (the "Fulfillment Confirmation E-mail"). For digital products, you shall receive a link within the Fulfillment Confirmation Email directing you to your product’s key, allowing you to unlock and download your purchase.
If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Fulfillment Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Fulfillment Confirmation E-mail. Your contract is with the Reseller.
The orders shall be placed exclusively via the Internet.
Automatic order confirmation errors may occur. Please check the automatic order confirmation for errors and inform us immediately of any discrepancies. You guarantee all data provided during registration is true, accurate, up-to-date and complete. Orders will only be accepted from Customers 13 years of age and older.
The Reseller holds the right to cancel or refuse any order from a Customer with whom a previous order’s payment litigation is being resolved.
You consent to receive sales invoices electronically. For each delivery, in our Fulfillment Confirmation E-mail you will receive a link to your electronic invoice on the Site. If you have not printed your invoice upon receiving your Fulfillment Confirmation Email, or for further information about electronic invoices and instructions on how to receive a paper copy please contact our customer support.
Your order shall be delivered to the address indicated during the ordering procedure. The delivery delay indicated on the Website is strictly indicative and may vary with the progression of the order. The Reseller cannot be held responsible for delayed delivery or the loss of a package by postal services or couriers and ensuing consequences. It is your responsibility to verify the good condition of their package(s) and its content upon receiving the package. In the event the package(s) or content are not in conformity with the order, you shall put in writing a full description of the content and disconformities, on the delivery slip, and shall issue a letter, with an acknowledgement of receipt and similar in content, within 3 days of reception.
At the time of purchase, you will have the possibility to pay with all displayed payment methods. Any other methods will not be endorsed.
The Reseller uses SSL (Secure Socket Layer) encryption technology for your transactions. Your banking information is not stored by the Reseller. Stored banking information is stored by the Payment Service Provider, only if you have selected the option of saving a credit/debit card to your name, for a future use during check out or for a pre-order. Therefore, the Reseller does not have access to private banking details and credit history at any point. To prevent abuses and fraud, the Reseller only stores your address and the transaction time and date. This data remains strictly confidential.
Any attempted fraud or deception, regardless of scope, will immediately lead to further action, as part of which all related transaction data might be forwarded to the authorities.
When you provide payment information to the Reseller or to one of its payment service providers, you establish that you are the authorized user of the card, PIN, key or account associated with that payment, and you authorize the Reseller to charge your credit card or to process your payment with the chosen third-party payment service provider for any purchases or fees chargeable to your account. The Reseller may require you to provide your address or other information in order to meet the Reseller’s obligations under applicable tax law.
For subscriptions purchased, based on an agreed usage period, where recurring payments are made in exchange for continued use (“Recurring Payment Subscriptions”), by continuing to use the Recurring Payment Subscription, you agree and reaffirm that the Reseller is authorized to charge your credit card, or to process your payment with any other applicable third-party payment processor (such as Paypal), for any applicable recurring payment amounts. If you have purchased any Recurring Payment Subscriptions, you agree to notify the Reseller promptly of any changes to your credit card account number, its expiration date and/or your billing address, or your PayPal or other payment account number, and you agree to notify the Reseller promptly if your credit card or PayPal or other payment account expires or is canceled for any reason.
If your use of the Store and purchases are subject to any type of use or sales tax, then the Reseller may also charge you for those taxes, in addition to the Subscription or other fees published in the Rules of Use.
You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on Product content, to purchase at pricing not applicable to your geography, or for any other purpose. If you do this, we may terminate your access to your Account.
The ownership of the Products shall be transferred to you when full payment is received. However, any risk of loss, theft or destruction, in the period between the delivery and the transfer of ownership, shall be borne by you. Should you not honor the payment obligations for any reason whatsoever, the Reseller shall be entitled to demand that the delivered merchandise be returned immediately, at your own cost, risk and peril.
The Reseller makes no representations or warranties, either expressed or implied, regarding any third party site. In particular, the Reseller makes no representation or warranty that any service or subscription offered via third-party vendors will not change or be suspended or terminated.
Under these Terms the limited and non-exclusive right to use one (1) copy of Products delivered to you by the Reseller on a computer or laptop is granted to you. Under the terms of this contract, you are not permitted to copy, modify, or decompile any software in a Product, to extract its source code, create any item derived from it or remove any indication of the name or manufacturer of the software from it. You are exclusively permitted to use the Product for their own personal use and may not pass it on, sell, transfer or lend it to a third party.
The Store may require the automatic download and installation of software onto your computer. The Reseller hereby grants, and you accept, a limited, terminable, non-exclusive license and right to use the software for your personal, non-commercial use (except where commercial use is expressly allowed herein or in the applicable Terms of Sale) in accordance with these Terms of Sale. The software is licensed, not sold. Your license confers no title or ownership in the software.
You may not use the Internet source code or any the Reseller software for any purpose other than the permitted access to the Store, except as otherwise permitted by this Terms of Sale. Except as otherwise permitted under these Terms of Sales, or under applicable law notwithstanding these restrictions, you may not, in whole or in part, copy, photocopy, reproduce, publish, distribute, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works based on, or remove any proprietary notices or labels from the Store or the Reseller software without the prior consent, in writing, of the Reseller.
You are entitled to use the Store for your own personal use, but you are not entitled to: exploit the Reseller Software, the Store for any commercial purpose, except as expressly permitted elsewhere in these Terms of Sale.
The Reseller or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of the Reseller services.
All returns require an RMA number to be returned, any return received without an RMA will be refused back to the customer. To initiate a return or exchange login to My Account, go to Track your Recent Orders, then click the View Details button for the order that contains the items you would like to return or exchange. Once in the order click on Add New RMA, form there follow the on screen instructions.
Refunds - Refunds issued will include merchandise charges as well as shipping charges; excluding International and Expedited shipping charges. Buyer is responsible for all return shipping fees. If you have received a damaged or incorrect item please contact us so we can facilitate a replacement or correction at no charge. If buyer chooses to return a damaged or incorrect item, buyer is responsible for all shipping charges.
Exchanges - We gladly offer exchanges at no additional cost of equal or lesser value. Please contact our customer service department for any questions regarding exchanges or for our help in getting an exchange completed.
Defective Items - Merchandise defective upon receipt can be replaced free of charge. If you received a defective item, please contact our customer service department immediately to arrange for a replacement.
Damaged Items - All merchandise is inspected for damage prior to shipment. If your merchandise has been damaged in transit, please contact our customer service department immediately to arrange for a replacement.
Warranty - EmpireCase.com offers a 30 day warranty on all products purchased from us. If your merchandise becomes faulty within 30 days of delivery, please contact our customer service department for replacement.
Customer Service Contact Info - Monday - Friday 9am - 5pm PST by phone at (951)687-1140 or via email at firstname.lastname@example.org
The entire content of the Website (texts, illustrations and computer code) is the property of the Reseller, the Merchant or their co-contractors.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Reseller’s Service are trademarks or trade dress of the Reseller. The Reseller’s trademarks and trade dress may not be used in connection with any product or service that is not provided by the Reseller, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Reseller. All other trademarks not owned by the Reseller that appear in any Reseller’s Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Reseller.
Personal data you provide shall not be given to any third party other than the Merchant, and the Reseller’s service providers (such as payment and delivery services).
By placing an order via the Website, you commit to providing accurate and true information. Your personal data is indispensable for the dispatch of the merchandise and invoice. If personal data is not provided the order shall be cancelled. Your personal data shall be used to deliver ordered Products, to inform you of new offers from the Reseller and/or the Merchant, and to contact you should a problem arise concerning the order. The Reseller shall not be held responsible for the use of any data provided to the Merchant.
You agree that these Terms of Sale do not intend to confer and do not confer any rights or remedies upon any person other than the parties to these Terms of Sale.
You acknowledge that you connect to the Website and use its services at your own risk. The Reseller holds no responsibility for any direct or indirect damages a user or a third party may suffer for any reason whatsoever by connecting to the Website, not having access or being able to log in to the Website, or that the Website is or is not working. The Reseller guarantees it shall take all sensible measures to ensure the availability of its services. However, since the transactions are made via the Internet, the Reseller cannot guarantee the quality of the networks outside of its offices. Technical interruptions are possible. The Reseller shall attempt to inform its Customers of the reasons for an interruption, to the best of its ability, but holds no responsibility in the event of a delay. The Reseller holds no responsibility in the event of any loss of your data provided. Customers must always keep a personal copy of files. The Reseller holds no responsibility for not honoring its contractual obligations, in the event of chance occurrence, unavoidable accident or an Act of God as defined by the laws and precedents of the applicable jurisdictions.
Nor in any event will the Reseller be liable for any indirect, incidental, consequential, special, punitive or exemplary damages, or any other damages arising out of or in any way connected with the store, the software, and any information available in connection therewith, or inability to use the software, subscriptions or any information, even in the event of the Reseller’s or its affiliates’ fault, tort (including negligence), strict liability, breach of contract, or breach of the Reseller’s warranty and even if the Reseller has been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate recompense.
You agree to defend, indemnify and hold harmless the Reseller, its licensors, and its and their affiliates from all liabilities, claims and expenses, including attorneys’ fees, that arise from or in connection with breach of these Terms of Sale or the use of the Store, from the Product selection to the purchase, distribution, promotion and use of any add-ons or derivative Products. The Reseller holds the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to the Reseller in that matter. This section regarding responsibilities shall survive termination of these Terms of Sale.
If you provide the Reseller with any feedback or suggestions about the Store, or any Reseller’s software, products or services, the Reseller is free to use the feedback or suggestions however it chooses, without any obligation to account to you.
The Reseller and its affiliates will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.
The Reseller may inform you through an online notice in the case of systems’ maintenance, and shall not be held responsible for any incurring ensuing delays or consequences.
All photographs used to illustrate the Reseller's Products and services are non-contractual and cannot bind the Reseller in any way.
Unless expressly indicated otherwise, the Reseller is not the manufacturer of the products sold on the Site. While we work to ensure that Product information on our Website is correct, actual Product packaging and materials may contain more and different information to that displayed on our Website. All information about the Products on our Website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our Website. Please always read labels, warnings and directions provided with the Product before use.
Visitors may post reviews, comments and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We hold the right to remove or edit such content. If you believe that any content on or advertised for sale on any Reseller’s Service contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on any Reseller’s Service, please notify us by contacting our customer support and we will respond.
If you post content or submit material, and unless we indicate otherwise, you grant: (a) the Reseller a non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) the Reseller, its sublicensees and transferees the right to use the name that you submit in connection with such content, if they choose. No moral rights are assigned under this provision.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to the Reseller including the execution of deeds and documents, at our request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is true and accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify the Reseller for all claims brought by a third party against the Reseller arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content arising out of or on the grounds of, or originating from the content that you have communicated to us.
If you believe that any content on, or within a product advertised for sale on, the Website contains a defamatory statement, please notify the Reseller immediately.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE RESELLER, ITS LICENSORS, AND ITS AND THEIR AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
You agree that these Terms of Sale shall be deemed to have been made and executed in the State of Delaware., and any dispute arising hereunder shall be resolved in accordance with the law of Delaware. Subject to Dispute Resolution by Arbitration below, you agree that any claim asserted in any legal proceeding by you against the Reseller shall be commenced and maintained exclusively in Delaware, having subject matter jurisdiction with respect to the dispute between the parties and you hereby consent to the exclusive jurisdiction of such courts. In any dispute arising under these Terms of Sale, the prevailing party will be entitled to attorneys’ fees and expenses.
Nothing in these Terms of Sale limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or willful misconduct.
If any of these Terms of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
If you breach these Terms of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.
DISPUTE RESOLUTION BY ARBITRATION
Most user concerns can be resolved by use of our customer support. If we are unable to resolve your concerns and a dispute remains between you and us, this section explains how we agree to resolve it.
YOU AND THE RESELLER AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION. THAT INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS ARISING OUT OF OR RELATING TO: (i) ANY ASPECT OF THE RELATIONSHIP BETWEEN US; (ii) THIS AGREEMENT; OR (iii) YOUR USE OF THE STORE OR THE RESELLER SOFTWARE. IT APPLIES REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, STATUTE, FRAUD, UNFAIR COMPETITION, MISREPRESENTATION OR ANY OTHER LEGAL THEORY.
However, this Section does not apply to the following types of claims or disputes, which you or the Reseller may bring in any court with jurisdiction: (i) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; and (ii) claims related to or arising from any alleged unauthorized use, piracy or theft.
This Section does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you.
Arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND THE RESELLER ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.
You and the Reseller agree to make reasonable efforts, in good faith, to informally resolve any dispute before initiating arbitration. A party who intends to seek arbitration must first send the other a written notice that describes the nature and basis of the claim or dispute and sets forth the relief sought. If you and the Reseller do not reach an agreement to resolve that claim or dispute within 30 days after the notice is received, you or the Reseller may commence arbitration. Written notice to the Reseller must be sent via postal mail.
The Federal Arbitration Act applies to this Section. The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes, as modified by this Agreement, both of which are available at http://www.adr.org. The arbitrator is bound by the terms of this Agreement.
The AAA will administer the arbitration. It may be conducted through the submission of documents, by phone, or in person in the county where you live or at another mutually agreed location.
YOU AND THE RESELLER AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION, EVEN IF AAA’s PROCEDURES OR RULES WOULD OTHERWISE ALLOW ONE. The ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY’S INDIVIDUAL CLAIM. You and the Reseller also agree not to seek to combine any action or arbitration with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations.
If the agreement in this section not to bring or participate in a class or representative action, private attorney general action or collective arbitration should be found illegal or unenforceable, you and the Reseller agree that it shall not be severable, that this entire section shall be unenforceable and any claim or dispute would be resolved in court and not in collective arbitration.
Notwithstanding this Section, you have the right to litigate any dispute in small claims court, if all the requirements of the small claims court, including any limitations on jurisdiction and the amount at issue in the dispute, are satisfied.
These terms shall apply to the maximum extent permitted by applicable law. If the laws of your jurisdiction prohibit the application of some or all of the provisions, of this section alone, such provisions will not apply to you.
If you believe that your rights are being infringed, please contact us. We respond expeditiously to rights owners and their agents to communicate concerns about any alleged infringement.
Upon receipt of your infringement notice we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, for all of which we hold an unmitigated discretion to execute. Furthermore, by submitting an infringement notice, you grant the Reseller the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding your infringement notice to the parties involved in the provision of the allegedly infringing content. You agree to indemnify the Reseller for all claims brought by a third party against the Reseller arising out of or in connection with the submission of your infringement notice.
You agree to comply with all applicable import/export laws and regulations. You agree not to export the Product in a country subject to an embargo or prohibition of any form from the US government, the European Union or NATO. You represent and warrant that you are not located in, under the control of, or a national or resident of any such prohibited country.
When ordering products from the Reseller for delivery outside of the USA you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.