Terms of service
1. Payment. Payment must be by way of credit card through the APEXEL, Inc website located at www.Apexellens.com
2. Shipping. Your product will be shipped promptly upon our receipt of your order. If you pre-ordered a product, or the product you ordered is not in stock, we will notify you of the estimated shipping date, in which event you may cancel your order at any time before its shipment. Some products or services, such as those provided by APEXEL, may require you to make payments before the delivery of the products or service. The specific terms relating to your order will be provided to you at the time you place your order. In no event will we pay you interest for any prepaid orders. Shipments will be made Monday – Friday, excluding holidays, unless otherwise noted.
You authorize APEXEL Inc. to import the goods on your behalf. Further, you agree that APEXEL Inc. may delegate the obligation to import the goods on your behalf to a subcontractor (e.g. customs broker). You will pay the taxes & duties in addition to the purchase price of the goods.
The goods will be imported on behalf of the consignee. The consignee authorizes APEXEL Inc. to import the goods on his behalf. Further, the consignee/buyer agrees that APEXEL Inc. may delegate the obligation to import the goods on his behalf to a subcontractor (e.g. customs broker). The consignee will pay the taxes & duties in addition to the purchase price of the goods.
3. Disclaimer. APEXEL products are provided “is” and “available”, with all disadvantages and without warranty of any kind, APEXEL, Inc hereby disclaims all warranties and conditions, express, implied, or statutory, concerning apexel products, including, but not limited to, warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, enjoyment of quietness and implied non-infringement of third party rights. Apexel does not assume any warranty liability for any third-party products you purchase from the Apexel Website.
4. Limitation of Liability. APEXEL, The Company responsible for any event not prohibited by applicable law shall not be liable for personal injury, or any incidental, special, indirect, or consequential damages, arising out of or in connection with the use or inability to use APEXEL products or third party products purchased from the APEXEL Website, however, caused, regardless of the theory of liability (contract, tort, or otherwise), Even though Apexel, Inc had been informed of the possibility of such damage. Some jurisdictions do not allow the limitation of liability for personal injury or incidental or consequential damages, so this limitation may not apply to you. In no event shall APEXEL, Inc’s total liability to you for all damages (except as may be required by applicable law relating to personal injury) exceed the amount you paid for your APEXEL products. In no event shall APEXEL, Inc be liable for damages relating to any third-party products purchased from the APEXEL Website. The above limitation shall apply even if the above remedy fails to achieve its essential purpose.
5. Force Majeure. Neither party shall be liable to the other for any failure to perform its obligations due to an event beyond the control of such party, including, but not
limited to, any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, the act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of that party’s control, which causes the termination of an agreement or contract entered into, or which could have been reasonably foreseen. Any party affected by such an event shall inform the other party and shall use all reasonable endeavors to comply with these terms and conditions.
7. Controlling Law and Severability. These Terms will be governed by and construed by HK, excluding its conflict of law principles. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, these Terms will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms shall continue in full force and effect.