ECOVACS Robotics Terms & Conditions of Sale
Effective date: Sept 17, 2019
These Terms and Conditions of Sale (the “Agreement”) govern Your purchase of Our electronics and/or consumer products available from Our website www.ecovacs.com/usshop listed on the order acknowledgment ("Products") provided to You by Ecovacs Robotics, Inc. (“Ecovacs Robotics”). No course of dealing or custom or usage contrary to this Agreement shall apply. Notwithstanding the foregoing, We may correct any typographical or clerical errors, including, without limitation, errors in price, taxes, specifications, quotations, on the order acknowledgments. By accepting delivery of the Products, You agree and are bound by the terms and conditions of this Agreement. If You do not wish to be bound by this Agreement, You must notify Us immediately and return the Products purchased in accordance with Our Return Policy set forth below.
All references herein to “We”, “Our”, “Us” refer exclusively to ECOVACS Robotics, its subsidiaries and affiliates. All references herein to “You” and “Your” refer to any purchaser of Products.
PRICES, TAXES, FEES.
Prior to submitting Your order, You will have the opportunity to review Product prices and any applicable sales tax, shipping, and handling charges. Prices are exclusive of, and You shall pay, all taxes, duties, levies or fees, or other similar charges imposed on Us or on You by any taxing authority (other than taxes imposed on Our income) related to Your order.
Please notify Us promptly should You believe Your order has a pricing error.
We reserve the right to change prices at any time. Should We lower the price of the product You purchased, You may contact Us within the product’s return window to request a credit for the difference between the price You paid and the current selling price listed on Our website.
Despite Our best efforts, Products on Our website may, on rare occasion, be mispriced. If an item's correct price is lower than Our stated price, We will charge the lower amount and ship You the item. If an item's correct price is higher than Our stated price, We will, at Our discretion, either contact You for instructions before shipping or cancel Your order and notify You of such cancellation.
You agree that Products acquired by You under this Agreement are solely for Your personal use and not for immediate resale.
We accept Discover Network, Visa, MasterCard, and American Express credit or debit cards
All orders for Products must be paid in full in advance of shipment. We may, in Our sole discretion, approve different payment terms for Products at any time. We also have the right to suspend deliveries or discontinue any of the work to be performed by Us until amounts past due are paid in full.
You agree to pay all attorneys' fees, litigation expenses and costs allowable by law that are incurred by Us for the collection of all amounts owed by You to Us.
ORDER ACCEPTANCE AND CANCELLATION.
Your payment account will be charged when You place Your order.
Your order will begin processing shortly after being placed. If You need to change or cancel Your order, please contact Us at: email@example.com
Please note We reserve the right to decline or cancel orders at any time. In such instances, We provide notification via email to the email address You provided when submitting Your order. We assume no responsibility for issues resulting from such declines, cancellations, or email notification failure.
We ship to street addresses within the Continental United States with the exception of Alaska. We cannot deliver to P.O. boxes, private mail box stores, United States territories, or addresses outside the Continental United States and the District of Columbia.
Most orders are shipped out on the same working day that the order is placed and confirmed or the following business day. Your shipment may be delivered via one or more of the following logistics carriers: FedEx, FedEx SmartPost, UPS, UPS SurePost & USPS.
Shipment of oversized Products may take an additional business day.
As Your order ships, We will send you email providing the shipment tracking number(s). To see the detailed progress of Your shipment, click on the tracking number link provided in Your email. Please note that tracking detail may not be active immediately with the carrier; in that case, check back in several hours or the following day.
For Your protection, a signature is required for most deliveries. We do not allow address changes after an order has been accepted. The risk of loss or damage to the Products in transit shall fall upon You, whose responsibility shall be to file claims with the carrier and/or the insurance company. You shall examine all Products promptly upon receipt and shall notify Us, in writing, within 7 days of delivery, of any nonconformance. If rejection is intended, You shall specify all grounds for rejection. Failure to provide Us with such notice shall be deemed an unqualified acceptance of the delivered Products by You. We reserve the right to ship the products in multiple boxes and/or shipments. You may not export any products purchased on Our website.
You can check Your order status any time online to find more details about Your order. Check details to see the shipment tracking number and more details or to navigate to the carrier’s website.
CLAIMS AGAINST CARRIER, CONCEALED DAMAGE.
The carrier is responsible for the Products while they are in transit to you. If there is a shortage or damage to Your shipment, You must notify the carrier upon the arrival of the shipment to assure approval of Your claim. It is the duty and responsibility of the delivering carrier to give you a written report of such shortage or damage following receipt of Your notification. Both Your copy and the carrier's copy of the receipt, freight bill, or delivery memo (as the case may be) must be noted with the detail of the shortage or damage and all the copies must be signed and acknowledged by the carrier's driver or representative. If the damage is concealed, notify the carrier within 48 hours by phone and in writing, asking them to send their agent to complete an inspection report. Retain all cartons and merchandise for their inspection report and claim approval. It is critical that You file a written claim with the carrier within 48 hours of receipt of shipment for any shortage or concealed damage. You must include the following along with Your written claim to the carrier: Carrier's Inspection Report, paid freight bill and original or certified copy of the invoice.
If delivery is delayed at Your request, or for any other reason beyond Our control, the Products shall nevertheless be deemed to have been delivered to You as of the date of notice from Us to You that the Products are available for delivery for purposes of determining the final price for the Products and the time payment will be due. Products held by Us for You after the giving of such notice shall be held at Your risk and expense. IN NO EVENT SHALL WE BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF A DELAY OR FAILURE TO DELIVER.
RETURNS AND EXCHANGES.
To return Products, You must contact Us before returning any Product. Products may not be returned without a [Return Authorization Number] from Us and We are not responsible for Products returned without a [Return Authorization Number]. All returned Products must be marked with a [Return Authorization Number]. We reserve the right to not accept returns for credit after 30 days of the ship date. Used Products are sold "as is" and may not be returned. Return Products should be shipped back to Us freight and delivery prepaid.
We can only issue refunds back to the original form of payment. When You return Products from a group of Products purchased, the remaining amount spent may no longer be eligible for any discount You may have received (e.g., for gifts with purchase, free gifts, buying in quantity). If this is the case, the discount is subtracted from the price You paid for the returned Product.
If You have received a damaged or defective Product, We will send You a replacement of the same or similar Product. If You have received a Product and you would like to exchange it for something else, You must contact Us first. Your replacement for exchanges will be initiated once We confirm receipt of the returned Product.
We warrant that the Products purchased hereunder shall be free from defects in material and workmanship upon the terms of its standard warranty statement in the product literature provided with your Product for a period of 12 months from the date of purchase. We do not warrant Products not purchased from Us or Our Dealers. Full details of our warranty policy here: https://www.ecovacs.com/global/company/common?type=warranty
LIMITATIONS ON WARRANTY:
The warranties set forth above do not cover: (i) defects due to improper installation, maintenance, use or abuse of the Products; (ii) alterations, modifications or repairs to the Products not authorized or made by Us; (iii) use of parts not manufactured or supplied by Us; and (iv) any operation of the Products in excess of the Product’s rating, specifications or intended use. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE SHALL, UNDER NO CIRCUMSTANCE, BE HELD LIABLE FOR ANY SPECIAL DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAWS.
We shall not be liable for damages for any delay or nonperformance resulting from (a) delays in receipt of final specifications, information, or instructions from You, (b) changes in specifications or instructions, or (c) force majeure, including without limitation, acts of God, strikes, riots, labor disturbances, material shortages, nonperformance by subcontractors or suppliers, abnormal manufacturing conditions or costs, delays or failures of carriers or communications, fire, flood, storms, ice, snow, accident, war, explosion, accidents, epidemics, governmental orders or regulations or inability to secure any necessary governmental or other permits, court orders, or any other reason beyond the reasonable control of Us.
LIMITATIONS ON ACTIONS.
No claim or action against Us for breach of this Agreement or the transaction contemplated hereunder may be asserted or brought more than one year after the cause of action or claim accrues.
LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES OUR MAXIMUM LIABILITY SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT.
This Agreement shall be governed and construed in accordance with the laws of the State of California, without regard to conflicts-of-laws or choice of law principles.
If You have any concerns relating to this Agreement, You may correspond with Us at the following address:
1,500 Fashion Island Boulevard
San Mateo, CA 94404