Please read these Terms and Conditions carefully and completely. By using this website (“Website”), you accept and agree to all of the terms and conditions in this legal agreement. If you do not agree with any of these terms and conditions, do not access or otherwise use this Website or any information contained in this Website. Your use of the Website shall be deemed to be your acceptance of and agreement with each of the terms and conditions set forth below, and is subject to the additional disclaimers and caveats that appear throughout this Website.
Terms and Conditions
1) "Seller" means the seller of the Products, Hisense USA Corporation.
2) "Buyer" means the person or persons (including any successors) using this Website to purchase Seller’s Products.
3) "Product(s)" means the goods, materials and/or services (including, but not limited to, any additional special consideration) sold, provided or supplied by Seller to Buyer, all solely under these Terms and Conditions.
4) “Contract” means these Terms and Conditions under which the Seller sells the Product(s) to the Buyer.
1. Product Descriptions
Any description given or applied to the Products is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into this Contract. Where a depiction or image of the Product is shown to Buyer, the parties hereto accept that such a depiction or image is representative in nature and the actual Product may differ. Any provisions specified or implied herein or elsewhere notwithstanding, any advice, recommendation, information, assistance or service provided by Seller in relation to the Products or in respect of their use or application is given in good faith, shall be deemed accepted by Buyer without imputation of any liability to Seller, and it shall be the responsibility of Buyer to confirm the accuracy and reliability of the same, including but not limited to in light of the use of which Buyer makes or intends to make of the Products, all solely in accordance with the terms and conditions of this Contract. Seller reserves the right to modify the Products depicted herein from time to time and at any time and with no further notice to Buyer. Buyer accepts and agrees that the Products are sold solely for personal, and not for commercial, use.
2. Price, Payment, Duties, Taxes
Prices specified in the Website are net prices for the Products for sale within the contiguous United States of America (the forty-eight adjoining U.S. states, plus Washington, D.C.) only. Seller reserves the right to adjust the prices for Products or to cancel any certain part of the sales relating to undelivered Products. Duties, taxes, fees, levies and other compulsory payments applicable to the sale of Products as well as any freight, insurance and delivery charges shall all be borne and paid in full by Buyer, unless otherwise expressly stipulated. Payment for Products shall be due to Seller at the time of Buyer executing the order on the Seller, and must be received in full by the Seller prior to shipment of Product. Confirmation by Seller of an order does not constitute acceptance of the order nor confirmation of Seller’s offer to sell. Seller reserves the right to modify or cancel the order at any time prior to receipt by Seller of payment in full from Buyer. Seller shall not be responsible for the installation of Products.
3. Delivery, Title, Risk
Each delivery of Products shall be considered a separate contract and the failure of any delivery shall not vitiate any contract as to deliveries of other Products and payment therefor. All delivery dates are indicative, outside the control of Seller, and are subject to reasonable adjustment. The acceptance of shipment by Buyer shall constitute proper delivery. Risk associated with the Products shall pass to Buyer on delivery or with the passing of title in the Products, whichever occurs first. Title shall pass to Buyer only upon receipt of full payment by Seller from Buyer for the Products and for any other outstanding debt owed by Buyer to Seller. Buyer acknowledges that so long as title has not been transferred in the Products, Buyer holds the Products as fiduciary agent for the Seller. Seller shall not take title to Products returned by Buyer to Seller or Seller’s designated third party until the returned Product is accepted by Seller. Seller may, solely at Seller’s discretion, issue a refund with or without requiring a physical return of Products to Seller.
4. Shipping, Delivery, Inspection, Returns, Refunds
All shipping, deliveries, inspections, returns and refunds shall be in accordance with and subject to Seller’sShipping and Return Policy - please refer to section 11.k of this Contract for more information on these and other applicable policies.
Upon failure of Buyer to pay any amounts due to Seller, or in the event of any breach or anticipated breach by Buyer of this Contract with Seller, or if Buyer shall either (i) become insolvent, or (ii) call a meeting of its creditors, or (iii) make any assignment for the benefit of creditors, or (iv) if a bankruptcy, insolvency, reorganization, receivership or reorganization proceeding has been, is being, or shall be commenced by or against Buyer, then, in each such occasion, Seller may, at its sole discretion, opt to (1) cancel this and any other Contract with Buyer without waiving any of Seller's rights to pursue any remedy against Buyer, whether in equity or at law or otherwise; and/or (2) claim return of any Products in the possession of Buyer, the title of which has not passed to Buyer in accordance solely with the terms and conditions of this Contract, and enter Buyer’s premises (or the premises of any associated company or agent where such Products are located), without liability for trespass or any alleged damage, to retake possession of such Products; and/or (3) defer any shipment hereunder; and/or (4) declare forthwith due and payable all outstanding amounts due Buyer under this or any Contract; and/or (5) sell all or part of the undelivered Products, without the need for notice, at public and/or on private sale, - in which instance, Buyer shall be solely responsible for all costs and expenses of such sale, and Buyer shall be additionally liable to Seller for any shortfall in the discharge of the amounts due to Seller.
6. Claims and Liability
a) Unless Seller shall, in accordance with and subject to the terms and conditions of our Shipping and Return Policy, receive from Buyer written notice of any matter or thing by reason whereof it is alleged that Products are not in accordance with the Contract, Products delivered shall be deemed to have been supplied, delivered and accepted in all respects in full conformity with the Contract, and Buyer shall be entitled neither to reject the same nor to raise any claim for damages or for other remedy in respect of any alleged negligence and/or breach of warranty and/or any condition.
a) In any claim, brought subject to the conditions herein, Buyer must prove to the satisfaction of Seller that it followed Seller's instructions for use, care, storage, maintenance, handling and application of the Products.
b) Unless otherwise specifically restricted by mandatory applicable law, Seller's liability under any claim and in connection with any possible allegation, whether based on negligence, contract, or any other cause of action, shall be limited to, all at Seller's sole option, either (i) the replacement of the Products or the supply of equivalent Products; or (ii) the repair, or payment of the cost of repair, of the Products; or (iii) credit in an amount equal to the purchase price specified in Seller's pertinent invoice, or in an amount of equivalent Products. Buyer acknowledges that the remedy available to Buyer as specified herein is in lieu of any and all remedies that may be otherwise available to Buyer, now or in the future, whether at law or in equity, relating to any loss or damage, whether directly or indirectly, arising from the purchase and/or the use of Products, including without limitation, any actual or contingent damages, loss of production, loss of profit, loss of use, loss of contracts or any other consequential or indirect loss whatsoever, whether pecuniary or non-pecuniary. Should any limitation on Seller's liability hereunder be held ineffective under applicable law, then Seller's liability shall in any event be limited to the minimum amount of damages to which Seller may limit its liability, where such is greater than the purchase price as specified in Seller's pertinent invoice.
c) Buyer, for himself/herself and for any other party which may claim either under or through Buyer, or independently of Buyer, including Buyer's employees, directors, officers, representatives, affiliates and personnel, shall indemnify and hold Seller harmless, from and against any claim or liability for damages for negligence including but not limited to, any claim in connection with the design, manufacture, use, care, storage, delivery, application or maintenance of any Products sold hereunder, whether alleged to have been committed by Seller or by any other person whatsoever. Buyer's undertaking as specified in this subsection shall extend and inure to the benefit of Seller and of Seller's successors at any time, as well as to Seller's affiliates, personnel, representatives, managers, directors and officers. Nothing contained herein shall take effect to exclude or limit liability where liability may not be excluded or limited under applicable law, including, without limitation, for death, personal injury and fraudulent misrepresentations.
d) Any and all warranties, undertakings, guarantees or assurances provided herein by Seller, are specifically limited to Buyer herein, and not imputed by Seller, whether directly or indirectly, expressly or impliedly, to any other person or entity, including but not limited to any subsequent buyer or user, bailee, licensee, assignee, employee and agent of Buyer.
7. Limited Warranty
Unless otherwise restricted by mandatory applicable law, THE WARRANTIES SET FORTH HEREIN ARE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY, QUALITY AND FITNESS FOR USE AND FOR PURPOSE, ANY ADVICE AND RECOMMENDATION AND ANY OBLIGATIONS OR LIABILITIES WHICH MAY BE IMPUTED TO SELLER, ANY AND ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED, DENIED AND EXCLUDED. BUYER EXPRESSLY AGREES THAT NO WARRANTY THAT IS NOT SPECIFICALLY STATED IN THIS CONTRACT WILL BE CLAIMED OR OTHERWISE ADHERED TO BY BUYER AND/OR BY ANYONE ACTING ON BUYER’S BEHALF AND/OR BY ANYONE DERIVING THE LEGALITY OF ITS CLAIM FROM BUYER, NOR WILL ANY SUCH WARRANTY BE VALID. SELLER NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, USE OR HANDLING OF ANY AND ALL PRODUCTS SPECIFIED OR CONTEMPLATED BY THIS CONTRACT. NO WARRANTY IS MADE WITH RESPECT TO ANY OF THESE PRODUCTS WHICH HAVE BEEN SUBJECT TO ACCIDENT, NEGLIGENCE, ALTERATION, IMPROPER CARE, IMPROPER STORAGE, IMPROPER MAINTENANCE, ABUSE OR MISUSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELLER SHALL NOT BE LIABLE TO BUYER OR TO A THIRD-PARTY FILING A CLAIM, OR CLAIMING THROUGH BUYER, FOR ANY DAMAGE SUFFERED AS A RESULT OF BUYER’S DISPLAYING, COPYING OR DOWNLOADING INFORMATION OR MATERIAL CONTAINED ON THIS WEBSITE. NOTHING IN THESE TERMS AND CONDITIONS SHALL BE DEEMED TO ALTER, EXPAND OR MODIFY IN ANY WAY ANY EXPRESS WARRANTY SELLER ISSUES FOR ITS PRODUCTS. SHOULD THERE BE ANY PERCEIVED OR ACTUAL CONFLICT BETWEEN THESE TERMS AND CONDITIONS AND THE CONTENTS OF AN EXPRESS WARRANTY, THE TERMS OF THE WRITTEN, EXPRESSED WARRANTY APPLICABLE TO EACH PRODUCT SHALL PREVAIL.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO BUYER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO BUYER, AND BUYER MIGHT HAVE ADDITIONAL RIGHTS.
8. Intellectual Property Rights
All information, document, product, service, trademark, logo, graphic, video, audio or image ("Materials") provided on the Website is copyrighted or trademarked and is the property of the Seller or its licensors, suppliers, publishers, rights-holders, or other content providers. Any unauthorized use of any Materials contained on the Website may violate copyright laws, trademark laws, the laws of privacy and communications statutes.
Seller grants Buyer a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the Materials. All rights not expressly granted to Buyer in this Contract are reserved and retained by Seller or its licensors, suppliers, publishers, rights-holders, or other content providers. Without limitation, Buyer agrees not to reproduce, re-distribute, duplicate, copy, sell, resell, publish, broadcast or circulate any information contained in the Materials to anyone, or otherwise exploit for any commercial purpose. Buyer may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Seller without the Seller’s express written consent. The licenses granted by Seller terminate automatically, without the need for further notice to Buyer, if Buyer breaches any of the terms of this Contract. Upon termination, Buyer agrees to immediately destroy any printed or downloaded Materials.
If Buyer uses this Website from outside the contiguous United States of America, Buyer is entirely responsible for compliance with applicable local laws, including but not limited to the export and import laws of other countries in relation to the Materials and third-party content.
This Website may be linked to other sites on the World Wide Web or Internet which are not under the control of or maintained by Seller. Such links do not constitute an endorsement by Seller. Buyer acknowledges that Seller is providing these links to Buyer only as a convenience, Buyer further agrees that Seller is not responsible for the content of such websites.
Buyer agrees that Buyer is entirely responsible for the confidentiality of Buyer’s password and account information, and agrees to notify Seller immediately if Buyer’s password is lost, stolen, disclosed to an unauthorized third party, or otherwise compromised. Buyer agree that Buyer is entirely responsible for any and all activities which occur under Buyer’s account, including any fees which may incurred under Buyer’s password protected account, whether or not Buyer is the individual who undertakes such activities. Buyer agrees to immediately notify Seller of any unauthorized use of Buyer’s account or any other breach of security in relation thereof known to Buyer. Seller does sell Products for use by children to adults who can purchase with a credit card or other permitted payment method. Children under 13 years of age may use this Website only with the involvement of and supervision by a parent or legal guardian.
9. Termination of Use
Seller may, in its sole discretion, terminate Buyer’s account or Buyer’s use of the Materials at any time. Buyer is personally liable for any orders that Buyer places, or charges that Buyer incurs, prior to termination.
10. Governing Law and Arbitration
This Contract shall be governed and construed in accordance with the laws of the state of Georgia, United States of America, without regard to the choice or conflicts of law provisions of any jurisdiction. Any disputes arising out of or in connection with this Contract, including but not limited to any question regarding the validity or termination or this Contract, shall be submitted to the American Arbitration Association (“AAA”) for arbitration, which arbitration shall be conducted in accordance with the AAA’s arbitration rules in force and effect at the time of the arbitration, and which rules are deemed to be incorporated by reference in this Contract. The arbitration award shall be final and binding upon both Parties. The number of arbitrators shall be three in number, of which Seller and Buyer shall have the right to choose one arbitrator each, with the third being chosen by mutual agreement between the arbitrators. The seat of arbitration shall be Atlanta, Georgia, USA. The language to be used in the arbitration proceeding shall be English. The arbitrator's fees shall be paid by both parties in equal parts unless otherwise determined by the arbitrators. This provision shall survive any termination of any of the terms and conditions herein, and shall be deemed to constitute an independent arbitration agreement between Buyer and Seller for all purposes and intents.
Buyer accepts and agrees that any dispute resolution proceedings of any nature or in any forum will be conducted only on an individual basis and not in a class, consolidated or representative action. Likewise, an arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If for any reason a claim proceeds in court rather than in arbitration, both parties agree to waive any right to a jury trial, unless such waiver is unenforceable; this means that any claim would be decided by a judge and not by a jury.
a) Authority: Each party hereby represents and warrants that it has full right and authority to enter into and perform any and all applicable provisions of this Contract and that there are no encumbrances or other restrictions that may prevent each such party from performing any and all applicable provisions of this Contract.
b) No Assignment: No rights or obligations of Buyer arising out of this Contract may be assigned without the express prior written consent of Seller.
c) Force Majeure: Should Seller be prevented from effecting shipments or deliveries of the Products or any of them by reason of either an act of God, insurrection, riot, war hostilities, terror attacks, warlike operations, piracy, arrests, restraints or detainments by any competent authority, strikes or combinations or lock-out of workmen, fire, floods, droughts, earthquakes, permanent or temporary delay or inability to obtain labor, parts and components, Products, materials or services through Seller's usual and regular sources, or any other circumstances (whether of a nature similar to those specified herein or not) beyond the absolute control of the Seller, then, in each such case, the obligation of the Seller to effect deliveries hereunder shall be suspended until after such prevention shall cease to exist. Should any deliveries under this Contract be suspended under this clause for more than ninety (90) days, either party may withdraw from this Contract, and be relieved from any liability; provided however, that Buyer shall nevertheless accept delivery and pay for such Products once the Seller is able to deliver in accordance with the period(s) of shipment named in this Contract. Seller shall not be liable for, and be relieved from, any loss or damages of any kind resulting from the causes mentioned hereinabove.
d) Choice of Language: This Contract is written and agreed to in the English language but may be translated into a local language if mutually agreed in writing between the parties to this Contract. However, in the event of a dispute of any kind, the English language version shall prevail and be considered the only official Contract.
e) Notices: All notices, requests and other communications hereunder shall be given in writing by personal delivery, by overnight courier, or by first class mail, postage prepaid, return receipt requested, to the Seller at: Hisense USA Corporation, 7310 McGinnis Ferry Road, Suwanee, GA 30024, United States of America (“Seller”). Unless otherwise provided, notice will be effective on the date it is officially recorded as delivered by return receipt or equivalent.
f) Severability. If any of the provisions, or portions thereof, of this Contract are found to be invalid or unenforceable under any applicable statute or rule of Law, then, that provision notwithstanding, this Contract shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
g) No Inducement: Neither party has relied on or been induced to enter into this Contract by representations other than those expressly set out in this Contract.
h) Relationship of Parties: Each party will perform its obligations hereunder as an independent contractor and, except as expressly provided to the contrary in this Contract, will be solely responsible for its own financial obligations. Nothing contained herein will be construed to imply a partnership, joint venture, or principal or agent relationship between the parties, and neither party will have any right, power, or authority to create any obligation, express or implied, on behalf of the other in connection with performance of its obligations hereunder. This Contract provides neither party the authority to enter into any agreement, make any warranty or representation on behalf of the other party.
i) Third Parties: This Contract is entered into by and between Seller and Buyer and may be enforced only by the Buyer and Seller. This Contract shall not be deemed to create any rights in third parties other than the parties' permitted successors and assigns.
j) Entire Agreement: This Contract specifies the entire terms and conditions for the sale of the Products. Subject to the foregoing, nothing specified in, or referred to by, any other document, record or instrument whatsoever, which relates to and/or which otherwise subsists in connection with the sale of Products herein, whether expressly or impliedly, including any written order, request or other standard or specific terms of any entity, shall or may be interpreted to attribute to Seller and/or to Seller's affiliates or representatives (i) any liability, obligation, commitment and/or undertaking, and/or (ii) any waiver in connection with or of any right, whether contractual, proprietary, in-personam and/or equitable, including but not limited to, any and all intellectual property rights in connection with the Products, which are and shall always remain in the Seller's or its licensors, suppliers, publishers, rights-holders, or other content providers exclusive and complete ownership under all circumstances whatsoever, notwithstanding any sale of Products hereunder. The Buyer shall refrain at all times and for whatever purpose from infringing, contesting, disputing or questioning such rights, patents, trademarks, titles or interests, nor shall it aid or allow others to do so, regardless of whether directly or indirectly. No modification or waiver of any provision hereof shall become valid and effective except upon a written instrument duly signed beforehand by Seller. No waiver by either party of any default of the other party shall be deemed a waiver of any subsequent or other default.
k) Reference to and Inclusion of other policies: The following are link to other policies which may govern some aspects of the transaction or relationship between the Buyer and Seller and such policies are incorporated herein by reference:
- Shipping and Return Policy, available at https://hisensedirect.com/shipping-returns/
THESE TERMS AND CONDITIONS ARE VALID ON THIS WEBSITE ONLY. THE POSTING DATE OF THESE TERMS AND CONDITIONS IS JANUARY 1, 2018.