Applies to all direct purchases by internet or phone
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ORDER/KEEP YOUR PRODUCT.
NOTE: These U.S. Consumer Terms of Sale apply to direct purchases made from Velius LLC, Scarguard™ Labs LLC or any of their subsidiaries (“Velius”) by phone or the internet. These Terms of Sale (“Agreement”) apply to your purchase of products and/or services and support (“Product”) sold in the United States by Velius, including its direct or indirect subsidiaries. By placing your order for Product, you accept and are bound to the terms of this Agreement. If you have placed an order but do not wish to be subject to these Terms of Sale, you must promptly cancel your order before it enters production and becomes™ or return your purchase in accordance with Velius’ Return Policy (see: www.scarguard.com/returnpolicy) within 90 days of the invoice date for a refund of your purchase price minus shipping and handling and up to a 15% restocking fee.
1. Dispute Resolution and Binding Arbitration. YOU AND VELIUS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND VELIUS, its agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase (collectively “Velius “) arising from or relating in any way to your purchase of Product, this Agreement, its interpretation or the breach, termination or validity thereof, the relationships which result from this Agreement (including relationships with third parties who are not signatories to this Agreement), Velius’ advertising or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitration shall be administered by the American Arbitration Association (AAA) or JAMS (or a substitute forum if both are unavailable). Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. Consumer claimants (individuals whose transaction is intended for personal, family or household use) may elect to pursue their claims in small-claims court rather than arbitration. The arbitration or small-claims court proceeding will be limited solely to the customer’s individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, NEITHER CUSTOMER NOR VELIUS SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration.
The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Velius will be responsible for paying any individual consumer’s arbitration/arbitrator fees. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. Information on AAA or JAMS and their applicable rules are available at the following numbers and URLs: American Arbitration Association, (800) 778-7879, www.adr.org; JAMS, (800) 352-5267, www.jamsadr.com.
2. Other Documents. This Agreement may NOT be altered, supplemented or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and Velius. If you do not receive an invoice or acknowledgement with your Product, information about your purchase may be obtained at by contacting our sales hotline at 1-877-566-5935.
3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within Velius’ sole discretion and unless otherwise agreed to by Velius, payment must be received by Velius prior to Velius’ acceptance of an order. Payment for the products will be made by credit card, or some other prearranged payment method unless credit terms have been agreed to by Velius. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. Your order is subject to cancellation by Velius, in Velius’ sole discretion. Unless you and Velius have agreed to a different discount, Velius’ standard pricing policy for Velius-branded products to be equal to the overall calculated percentage discount off list price of the Product… Velius is not responsible for pricing, typographical or other errors in any offer by Velius and reserves the right to cancel any orders arising from such errors. Invoices must be paid within 30 days of the invoice date.
4. Shipping Charges; Taxes; Title; Risk of Loss. Shipping, handling are free of charge for $30 and above worth of purchases within the Continental US. Title to products passes from Velius to Customer upon shipment to Customer. Loss or damage that occurs during shipping by a carrier selected by Velius is Velius’ responsibility. You must notify Velius within 21 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Shipping and delivery dates are estimates only.
5. Warranties. THE LIMITED WARRANTIES APPLICABLE TO VELIUS-BRANDED PRODUCTS
6. Return Policies; Exchanges. Velius’ return policy can be found at www.scarguard.com/returnpolicy and you agree to those terms. You must return qualifying Product to us in its original or equivalent packaging. You are responsible for risk of loss, shipping and handling fees for returning or exchanging Product. Additional fees, including up to a 15% restocking fee, may apply. If you fail to follow the return or exchange instructions and policies provided by Velius, Velius is not responsible for Product that is lost, damaged, modified or otherwise processed for disposal or resale. At Velius’ discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing.
7. Changed or Discontinued Product. Velius’ policy is one of ongoing update and revision. Velius may revise and discontinue Product at any time without notice to you. Velius will ship Product that has the functionality and performance of the Product ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible.
8. Telephone Communications. Telephone communications with us, including calls with any of our agents or independent contractors, are routinely monitored and/or recorded. You expressly consent, on behalf of yourself and other users of your phone number, to being monitored or recorded. By providing us with a mobile phone number as your contact number, you expressly authorize us to contact you regarding your account/purchase for non-telemarketing communications, via text message or telephone, including the use of prerecorded or auto-dialed calls, using that number.
9. Limitation of Liability. VELIUS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, VELIUS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, VELIUS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. SOME JURISDICTIONS MAY NOT ENFORCE ALL OF THESE LIMITATIONS, AND ONLY THE LIMITATIONS THAT ARE LAWFULLY APPLIED TO YOU IN YOUR JURISDICTION WILL APPLY.
10. Not For Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying for your own use only, and not for resale or export. Velius has separate terms and conditions governing resale of Product by third parties and transactions outside the United States. Terms and conditions for resale are located at: /scarguard/terms-conditions/. Product may be subject to U.S. export laws as well as the laws of the country where it is delivered or used. Product may not be sold, leased or transferred to restricted countries, restricted end users or for restricted end uses. You agree that Product purchased from Velius will not to be used for activities related to weapons of mass destruction, including activities related to the design, development, production or use of nuclear materials, nuclear facilities or nuclear weapons, or chemical or biological weapons. You further agree that you will not sell, lease or otherwise transfer Product to end users engaged in these activities.
11. Governing Law. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND VELIUS arising from or relating to this Agreement, its interpretation or the breach, termination or validity thereof, the relationships which result from this agreement, Velius’ advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAW.