Terms of service

Eco Store Standard Terms & Conditions

The purchasers of products and/or services from Eco Store or any affiliate thereof are subject to the following terms and conditions. The term “Purchaser” shall mean the party placing an order with Eco Store and identified as such in any document attached hereto (“attachment”), this document and all attachments are hereinafter referred to as “this Agreement”. The terms and conditions set forth in this agreement shall constitute the entire agreement between Eco Store and Purchaser relating to the sale of the products (“Products”) and/or services (“Services”) described in any attachment, or in an subsequent purchase or sales order. No conflicting or final terms or conditions which may appear in any order or other document of Purchaser shall be of any force or effect unless accepted and agreed to in writing by an officer of Eco Store.

Price:
The prices under this agreement are F.O.B. point of shipment and exclusive of all sales, use, excise or other taxes. The prices set forth shall be in effect until notice in writing from Eco Store. Eco Store reserves the right to adjust prices at its discretion with proper notice to Purchaser.

Taxes:
Purchaser shall pay all federal, state, municipal or other sales, use, excise or other taxes, assessments and charges assessed or levied against the products and/or services. Purchaser agrees to pay to Eco Store on request any federal, state, municipal or other sales, use, excise or other taxes, assessments or charges payable by Eco Store with respect to the products and/or services of the sale thereof.

Delivery:
Delivery will be F.O.B. point of shipment. Unless otherwise directed by Purchaser, Eco Store will pre-pay the freight and bill Purchaser for shipping and handling charges. Purchaser assumes all risk of loss during delivery of the Products by Eco Store to the carrier. In the absence of instructions to the contrary, Eco Store, on behalf of the Purchaser, shall exercise its own discretion as to the method of shipment to be used and the selection of the carrier but shall not be deemed thereby to assume any liability in connection with the shipment nor shall the carrier thereby be deemed an agent of Eco Store. No goods shall be returned for credit or replacement without prior RMA authorization by Eco Store. All goods returned without such prior authorization will not be accepted by Eco Store and will be returned to the purchaser freight collect.

Terms of Payment:
Except as otherwise stated in any attachment, terms are net due upon purchase. Payment method will be credit card (Visa, MasterCard, American Express or Discover).

Disclaimer and Limitation of Liability:
Eco Store shall in no event be liable for damages, including but not limited to incidental or consequential damages, for injury to any property or to any person, by reason of the person's negligence or otherwise in connection with the safe, delivery, installation or use of the products and/or provision of services pursuant to this agreement, and purchaser shall indemnify and hold harmless Eco Store against further liability. Without limiting the generality of the foregoing, Eco Store shall in no event be liable for lost profits arising out of, or in connection with, this agreement. Neither Eco Store nor purchaser shall be liable for delay in the performance of any of its obligations under this agreement arising out of causes beyond it control, including but not limited to acts of God, governmental action, fires, floods, epidemics, quarantines, strikes, embargoes, or severe weather.

General Provisions and Governing Law:
This agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. Neither this agreement nor any variation or modification of this agreement or waiver of any of the terms or provisions hereof shall be deemed valid and binding upon Eco Store unless in writing, signed by an officer of Eco Store and delivered by Eco Store to Purchaser. Failure by either party to enforce the terms hereof shall not be deemed a waiver of future enforcement of that or any other term. This agreement shall be construed and enforced in accordance with the procedural and substantive Laws of the State of California, United States of America (with the exception of the conflicts of laws provisions of such state), and both parties agree that the federal and state courts located in California shall have jurisdiction over any matter arising in connection with the agreement, and hereby submit to such jurisdiction, further, the parties agree that venue for any matter arising in connection with this shall properly lay in the County of Orange, California.

Notification:
Notices under this agreement shall be in writing and forwarded registered or certified mail, postage prepaid. Notices to Eco Store shall be addressed to Eco Store, 23262 Verdugo Drive, Laguna Hills, California 92653. Notices to purchaser shall be to the Purchaser's principal business address or at its address set forth on the face of this agreement.