Loading...

Buyer Agreement

Read the Buyer Agreement shown directly below. Any and all purchases made through E.S. Buys, Inc. or the E.S. Buys, Inc. website by you constitutes acceptance of our Buyer Agreement. The agreement between the Buyer and E.S. Buys, Inc. contains the following terms and conditions. By creating and submitting an order to E.S. Buys, Inc. for consideration and acceptance by E.S. Buys, Inc., the Buyer agrees that he/she has read and agrees to be bound by these terms and conditions 1 through 20 below.

Unless explicitly stated otherwise, any new Products and Services (as defined below), including the addition of new E.S. Buys, Inc. properties shall be subject to these Terms and Conditions.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!

Buyer Agreement

THE FOLLOWING DESCRIBES THE TERMS ON WHICH E.S. BUYS, INC. OFFERS YOU ACCESS TO OUR PRODUCTS AND SERVICES.

This is the Terms of Use Agreement (the "Agreement" or "Buyer Agreement") for E.S. Buys, Inc. This Agreement describes the terms and conditions applicable to your purchase of our products and/or your use of our services (collectively, the "Products and Services") available under the domain of www.esbuys.com (the "Site") and the general principles for the websites of our subsidiaries and international affiliates. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services, and do not purchase any Products from the Site.  This Agreement is entered into between you as the user of the Site (the "User" or "Buyer") and esbuys.com E.S. Buys, Inc. ("E.S. Buys").

For purposes of this Agreement, a "User" or "Buyer" is any person who accesses the Site for whatever purpose, regardless of whether such User has registered with E.S. Buys as a registered user or whether such User is a paying customer for a specific product or service provided by E.S. Buys. A User or Buyer includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.

By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition, or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site.

You must read, agree with, and accept all of the terms and conditions contained in this Buyer Agreement, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a buyer of goods through E.S. Buys. We strongly recommend that, as you read this Buyer Agreement, you also access and read the information contained in the other pages of this website, as they may contain further terms and conditions that apply to you as an E.S. Buys user. By accepting this Buyer Agreement, you also agree that your use of other E.S. Buys websites will be governed by the Buyer Agreement posted on those websites.

Each User who has filled out an on-line registration form, information request, or who has completed Check-out through the E.S. Buys Shopping Cart on the Site by giving its information (such as name, address, telephone and fax number, email address, details of its business, etc.) is a registered user of E.S. Buys (a "Registered User"). E.S. Buys will establish an account ("Account") for each Registered User who purchases any of our Products or Services.

We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective immediately upon posting on the Site. In addition, we may notify you in accordance with your Notification Preferences as provided to us. This Agreement may not be otherwise amended except in a writing signed by you and E.S. Buys. This Agreement is effective upon acceptance in registration for new registering buyers, and is otherwise effective on March 19th, 2004 for all buyers. Posting by E.S. Buys of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms.

1. Acceptance.
By purchasing and/or using the Products and Services, you are agree, without limitation or qualification, to be bound by, and to comply with, the terms and conditions of this Buyer Agreement and any other posted guidelines or rules applicable to any individual E.S. Buys, Inc. website, Product, or Service. All such guidelines and rules are hereby incorporated by reference into the Buyer Agreement.

2. Conditions and Restrictions on Use.
2.1 Use of the Products and Services is subject to compliance with this Buyer Agreement. You acknowledge and agree that E.S. Buys may terminate your access to the Site or to any of the Products and Services should you fail to comply with the Buyer Agreement or any other guidelines and rules published by E.S. Buys. Any such termination shall be in E.S. Buys' sole discretion and may occur without prior notice, or any notice. E.S. Buys further reserves the right to terminate any user's access to the Site or to any of the Products and Services for any conduct that E.S. Buys, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to E.S. Buys or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. E.S. Buys further reserves the right to terminate any user's access to the Site or to any of the Products and Services for any reason or for no reason at all, in E.S. Buys' sole discretion, without prior notice, or any notice.

2.2 In order to use the Products and Services, users must have access to the World Wide Web and must navigate the Internet to http://www.esbuys.com/ or another of the URLs associated with the Site.

2.3 Membership Eligibility. Our Products and Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended E.S. Buys members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your E.S. Buys account may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

2.4 E.S. Buys does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.

3. Fees and Services.
3.1 When you decide to purchase an item you have an opportunity to review and accept the fees that you will be charged. Our Shipping and Exchange Policy (the "Fees and Credits Policy") is incorporated into this Agreement by reference. We have an all sales are final policy.  We do not offer refunds, credits, or accept returns.  We may change our Fees and Credits Policy and the fees for our Products and Services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the Site or by sending a notice through email. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, free additional features) and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our Products and Services at any time. In the event we introduce a new product or service, the fees for that item or service are effective at the launch of the service. Unless otherwise stated, all pricing is quoted in U.S. Dollars. You are responsible for paying all charges and/or fees associated with purchasing our Products or Services from the Site and/or from using our service and the Site including all applicable taxes, duties, government fees, customs fees, bank fees, and/or shipping/freight charges.

3.2 E.S. Buys reserves the right to deny Paid Services or the Selling of Goods to any User for whatever reason in order to protect E.S. Buys' interests.

4. Limitation of Liability.
4.1 We transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of Ca. Com. Code § 2401(2) and Uniform Com. Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller.

4.2 Identity Verification. We use many techniques to verify the accuracy of the information our buyers provide us when they register on the Site. However, because user verification on the Internet is difficult, E.S. Buys cannot and does not confirm each buyer's purported identity.

4.3 Release. In the event that you have a dispute with one or more manufacturers, you release E.S. Buys (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

5. Purchasing From E.S. Buys.
As a buyer, you are obligated to complete the transaction with E.S. Buys: By paying in full for or by placing a deposit on an order of goods you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful. Unless you and E.S. Buys agree otherwise, you will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with Ca. Com. Code § 2401(2) and Uniform Com. Code § 2-401(2). Purchases are not returnable except in exceptional circumstances, such as: if E.S. Buys materially changes the item's description after your deposit has been received; a clear typographical error is made; or when E.S. Buys does not confirm your purchase.

6. Fraud.
Without limiting any other remedies, E.S. Buys may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

7. Your Information.
7.1 Definition. "Your Information" is defined as any information you provide to us in the registration or purchasing process or through any email feature.
 
7.2 Restricted Activities. Your Information and your activities on the Site shall not: (a) be false, inaccurate, or misleading; (b) be fraudulent; (c) violate any law, statute, ordinance, or regulation (including, but not limited to, those governing export or import control); (d) be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing; (e) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; and (f) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. Furthermore, you may not purchase any item on the Site (or consummate any transaction that was initiated using our service) that, by paying to us any charges or fees, could cause us to violate any applicable law, statute, ordinance, or regulation. It is fully the Buyer's responsibility to ensure that all local state, federal, and government laws, statutes, ordinances, and/or regulations are adhered to.

7.3 License. Solely to enable E.S. Buys to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information.

8. Access and Interference.
8.1 You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (a) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of E.S. Buys and the appropriate third party, as applicable; (b) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (c) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

8.2 Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce, or download any information, text, images, video clips, directories, files, databases, or listings available on or through the Site (the "E.S. Buys Content") for the purpose of re-selling or re-distributing the E.S. Buys Content, mass mailing (via emails, wireless text messages, physical mail, or otherwise), operating a business that competes with E.S. Buys, or otherwise commercially exploiting the E.S. Buys Content.

8.3 E.S. Buys is the sole owner or lawful licensee of all the rights to the Site and the E.S. Buys Content. The Site and E.S. Buys Content embody trade secrets and intellectual property rights protected under U.S. and international copyright and other laws. All title, ownership, and intellectual property rights in the Site and the E.S. Buys Content shall remain with E.S. Buys, its affiliates, licensors, or its content suppliers of the E.S. Buys Content, as the case may be. All rights not otherwise claimed under this Agreement or by E.S. Buys are hereby reserved.

8.4 "E.S. Buys, Inc.," "E.S. Buys," "esbuys.com," "esbuys," and related icons and logos are registered trademarks or trademarks or service marks of esbuys.com in various jurisdictions and are protected under applicable copyright, trademark, and other proprietary rights laws. The unauthorized copying, modification, use, or publication of these marks is strictly prohibited. E.S. Buys' trademarks may not be used in connection with any product or service that is not E.S. Buys' in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits E.S. Buys.

9. Breach.
Without limiting other remedies, we may limit your activity, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend, or terminate your membership and refuse to provide our Products and Services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our buyers, our suppliers, or us.

10. Privacy Policy.
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in our Privacy Policy. We view protection of buyers' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. If you object to your Information being transferred or used in this way please do not use our services.

11. No Warranty.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND E.S. BUYS HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, TITLE, DURABILITY, PERFORMANCE, ACCURACY, MERCHANTABILITY, RELIABILITY, OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS, AND TERMS ARE HEREBY EXCLUDED. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

FURTHER, E.S. BUYS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS, OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE.

12. Limitation of Liability.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES, ANY PRODUCTS THAT WE SELL, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF PAYMENTS AND FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Under no circumstances shall E.S. Buys or (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, or employees be held liable for any injuries, accidents, or damages incurred by the Buyer or any third party arising in connection with any products that we sell. The Buyer assumes all responsibility for their safety and for the safety of any third party who will use these products. Many of the products we sell, whether electric, gas, or otherwise, are still considered vehicles, and with the operation of any vehicle there are always inherent health and safety risks. Care should be exercised, and protective gear, such as a helmet, should be worn. The purchase of any of our products serves as acknowledgement that the Buyer agrees to these facts and assumes complete responsibility for his/her own safety, and for the safety of any third party who uses any of the products that we offer.  E.S. Buys is not responsible for any injuries, to the Buyer, any third party, or others, or for any property damage caused by the use of any of the products that we sell.  It is also the Buyer's responsibility to ensure that all parts and mechanisms associated with the purchase are prepped, assembled correctly, and deemed safe for operation before any product is ridden or used in any way.  It is fully the Buyer's responsibility to ensure that all local state, federal, and government laws, statutes, ordinances, and/or regulations are adhered to.

Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from E.S. Buys or through or from the Site shall create any warranty not expressly stated herein.

Under no circumstances shall E.S. Buys be held liable for a delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

Each User hereby agrees to indemnify and save E.S. Buys, its affiliates, directors, officers, and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site (including but not limited to the display of such User's information on the Site) or from its breach of any of the terms and conditions of this Agreement.

13. Indemnity.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by you and/or any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

14. Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your purchase of items.

15. No Agency.
You and E.S. Buys are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.

16. Notices.
Except as explicitly stated otherwise, any notices shall be given by postal mail to E.S. Buys, Inc., Attn: Legal Department, P.O. Box 783, Newbury Park, CA 91320 (in the case of E.S. Buys) or to the email address you provide to E.S. Buys during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid, and return receipt requested, to the address provided to E.S. Buys during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

17. Resolution of Disputes.
In the event a dispute arises between you and E.S. Buys, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and E.S. Buys agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

17.1 Binding Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or E.S. Buys may elect to resolve the dispute through binding arbitration conducted by telephone, on-line, and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

17.2 Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Ventura County, California or where the defendant is located (in our case Newbury Park, California, and in your case your home address or principal place of business). You and E.S. Buys agree to submit to the personal jurisdiction of the courts located within the county of Ventura, California.

17.3 Alternative Dispute Resolution. Alternatively, E.S. Buys will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Ventura County, California or another location mutually agreed upon by the parties.

All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section 16, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.

18. Additional Terms.
Our policies may be changed from time to time and are effective immediately after we post the changes on the Site. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.

19. General.
This Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. We do not guarantee continuous, uninterrupted, or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by E.S. Buys in accordance with Section 15 "Notices", in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 3 (Fees and Services) with respect to fees owed for our Products or Services, 4.3 (Release), 7.3 (License), 8 (Access and Interference), 12 (Limitation of Liability), 13 (Indemnity), and 17 (Resolution of Disputes) shall survive any termination or expiration of this Agreement.

20. Disclosures.
The services hereunder are offered by E.S. Buys, Inc., located in Newbury Park, CA 91320. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

Tags

None