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Terms and Conditions:
This sale of the product(s) listed on the front side of
this agreement (“products”) by www.AlFakherOnline.com © (AlFakherOnline©)
to customer is subject to the following terms and
conditions, unless otherwise agreed to in a writing signed
by both AlFakherOnline© and the Customer. By accepting
delivery of this shipment, Customer agrees to these terms
and conditions.
Age Restriction: By
U.S. law, the person (The Purchaser) named on the front of
this invoice must be 18 years of age or older.
AlFakherOnline© is not responsible for false purchases
made by any means, and by agreeing to these terms and
conditions, the purchaser agrees to not sue AlFakherOnline©
in a court of law.
Payment: Customer
agrees to pay AlFakherOnline© the total amounts shown on
this invoice via check, money order, cash, cashier’s
check, credit card. If payment terms other than C.O.D.
have been approved by AlFakherOnline©, Customer shall pay
the total invoice amount within the specified time.
Customer agrees to pay interest at the rate of 1.5 percent
per month, or the maximum interest rate allowed pursuant
to applicable federal, states or local law, whichever is
less upon all amounts, which are not paid within the
allowed payment terms.
Exclusion of Warranties:
AlFakherOnline© excludes all warranties, express or
implied, including but not limited to warranties of
merchantability and fitness for use, regarding the
Product, to the extent permitted by law. Any implied or
express oral or other warranties are hereby excluded.
Returns: Products
may be returned for replacement or credit or full refund
for 30 days from the time of purchase (unopened in
original packaging and condition) and are subject to
inspection by AlFakherOnline ©, Unless otherwise agreed
to.
International
Customers: AlFakherOnline © does not provide
any type of guarantee against International
customs and tariffs. It is the responsibility of
the customer to research the customs laws and
regulations in his/her country, and accept full
responsibility for the faith of the package. AlFakherOnline
© does not refund or resend packages that have been
seized, taxed or destroyed by foreign customs and does
not accept responsibility for the package once it has
been mailed.
Sales and Excise Taxes:
Customer shall pay any and all sales taxes, excise taxes
or other taxes, fees or levies imposed upon the Product by
federal, state or local government, and shall maintain
records sufficient to document such payments, which
records shall be available for inspection and copying by
AlFakherOnline© in ten business days upon its written
request.
Permits and compliance
with Laws: Customer shall obtain any and all permits
or authorizations required for the sale, distribution,
and/or shipment of the Product, and shall comply with any
and all federal, state or local laws, ordinances and/or
shipment of the Product, and including but not limited to,
restrictions upon the location or manner of selling,
advertising or marketing the product, and/or restrictions
upon the age of purchasers of the Product.
Indemnification:
Customer agrees to hold harmless, indemnity and defend
AlFakherOnline© against any and all claims, lawsuits or
liabilities arising from the sale and usage of the Product
to third parties, including but not limited to personal
injuries, health related claims, trademark, patent and
copyright infringement claims, except for such claims
based upon AlFakherOnline©’s sole negligence or
misconduct.
Relationship of the
Parties: Customer and AlFakherOnline© acknowledge that
the relationship of the Customer and AlFakherOnline© is
that of contracting parties and that nothing contained in
this agreement shall be construed to place Customer and
AlFakherOnline© in the relationship of principal and
agent, master and servant, employer and employee, partners
or join ventures. Neither party shall have, expressly or
by implication, or represent itself as having and
authority to make contract or enter into an agreement in
the name of the other party, or to obligate or bind the
other party in any manner whatsoever.
Law, Venue and Forum:
These terms and conditions of this agreement shall be
interpreted and constructed according to the laws of the
State of California and disputes arising hereunder shall
be resolved in Los Angeles County.
Arbitration: Any
action to enforce this agreement shall be submitted to
binding non-appealable arbitration under the following
terms and conditions, unless agreed otherwise by the
parties. The California Rules of Evident and the
California Code of Civil Procedure, including with respect
to discovery, shall apply to the arbitration hearing. Such
arbitration shall be conducted by a retired judge to be
determined by agreement of the parties. In the event that
the parties cannot agree upon a retired judge, each side
shall choose and arbitrator and the tow arbitrators so
chosen shall choose a third arbitrator who is a retired
judge. In such event, the arbitration shall be heard by
all three arbitrator and decided by a majority of the
three. The arbitrator(s) shall be required to follow
California’s substantive law in arriving at their
decision. The prevailing party in any arbitration (or
other authorized proceeding) commenced to enforce the
terms of this Agreement shall be entitled to recover
actual attorney’s fees, costs and other related expenses
incurred by such party in connection with any such
arbitration or proceeding. |