PROGRESSIVE LIFESTYLE SOLUTIONS™
PLEASE ACQUAINT YOURSELF WITH THE FOLLOWING TERMS AND CONDITIONS AND PRINT OUT THIS SECTION FOR YOUR RECORDS PRIOR TO ORDERING ANY PRODUCTS FROM PROGRESSIVE LIFESTYLE SOLUTIONS. BY ORDERING ZEPTER GROUP PRODUCT FROM PROGRESSIVE LIFESTYLE SOLUTIONS YOU BIND YOURSELF FULLY TO THE TERMS LAID OUT BELOW:
By purchasing products from Progressive Lifestyle Solutions you are binding yourself to the following agreement.
Notice to Buyer: I (the Buyer) have read this agreement, and have received a completed copy. I understand that it contains all our rights and responsibilities and will be binding on my heirs and legal representatives. I agree to buy the merchandise set forth above pursuant to the terms of this agreement. Our agreement cannot be changed without your (the Seller's) written permission.
The above notice will appear on your physical agreement, which you are electronically signing and binding yourself to.
Below are the terms referred to (above) and your completed copy.
GENERAL BUSINESS TERMS OF ZEPTER INTERNATIONAL, INC. SELLER
We are interested in happy and satisfied customers. Therefore we try to be as generous and helpful as we can. The following terms are the framework for our customer relations policy.
When buying you are entering a contract which obeys this following policy:
1. a.It is the right of the seller to accept or refuse the agreement. This agreement shall be considered accepted if written notice of refusal is not sent by the seller within eight business days.
b. The seller reserves the right to cancel this agreement if the buyer gives false personal or financial data, or if the buyers credit is unsatisfactory.
2. The buyer shall pay to the seller the total purchase price or a deposit in an amount not less than 15% of the total purchase price on signing this agreement. Payment may be by cash, check payable to the seller or credit card (if the seller's sales representative has a Zepter credit card facility). The seller's sales representative will provide the buyer with a receipt immediately upon payment.
3. The buyer shall pay the total purchase price shown on the front in the installment amounts that are also shown on the same day of every month or as otherwise stated.
4. The buyer may prepay any amounts due under this contact before they are due.
5. The buyer shall be responsible for paying all applicable sales tax, shipping and handling charges.
6. Each installment must be sent by the buyer directly to the seller's address. The contract number should be clearly stated on the check.
7. If merchandise is sold on a lay-away plan, buyers election of merchandise will not be delivered until buyers selection of merchandise will not be delivered until buyer has made his/her last payment. Seller will deliver the purchased products to the buyer at the buyers indicated shipping address within six weeks of receipt of the total purchase price. Merchandise remains the property of the seller until all the requited payments are completed and the merchandise is delivered (as set forth in paragraph 16, below). At the time of delivery (and not before) ownership in the purchased products will pass to the buyer.
Should extraordinary occur beyond the sellers control, including, without limitation, acts of god, strikes, lock-outs, staff shortages, transportation insufficiencies, partial or complete closures of transportation routes, governmental acts, or production suspensions by the supplier with resulting shipping difficulties, seller is not obliged to extended accordingly. The buyer shall be notified in writing of the delay. The buyer may cancel this agreement if the delay continues for more than an additional seven weeks beyond the six week period mentioned above.
8. Seller can require that the entire balance of buyers debt be paid at once subject to any right to cure required by law without prior notice or demand if
a. Buyer does not pay two consecutive installments on time: or
b. Buyer breaks one of the promises under this contract: or
c. Buyer has made any false or misleading statements in the agreement: or
d. Something happens that gives the seller good reason to believe that buyers ability to pay is impaired or the agreement is endangered.
9. The seller reserves the right to cancel this agreement if two consecutive installments are not paid on time or in the event of other material noncompliance with the terms of this agreement by buyer.
10. Should the agreement be cancelled by seller for any reason, Buyer is obliged to pay a cancellation fee in amount of 15% of the total price, except for a cancellation by the buyer in accordance with the next paragraph. Under no circumstances will the seller be obligated to makes a refund of the payments made by the buyer or change the conditions of the sales agreement. The refund policy with respect to the payments made by you under the Lay-A-Way plan is a follows: NO REFUND IS ALLOWED BY THE SELLER.
Except as set forth either (a) in the Notice of Right to Cancel or (b) in the second paragraph of paragraph 7 above. Buyer shall have no right to cancel this agreement and buyer is obligated to pay the total purchase price and shall not be entitled to any refunds or payments previously made by buyer.
11. If this is lay-a-way sale in the event that the buyer fails to make payments. Seller can waive or delay enforcing a right against one buyer, without waiving it as to any other buyers. Seller can release one buyer from responsibilities under this contract without releasing any other buyers. Seller needs not give anyone a notice of such waiver, delay or release.
12. Sellers LIMITED WARRANTY is as follows:
a. The purchased products will not be faulty in design and will be manufactured using suitable materials meeting all lawfully required specifications:
b. The purchased products will be fit for use as cookware of otherwise for the specific purpose for which they have been designed
c. Seller will repair or replace all defective rubber, plastic, wood and electrical parts for 18 month following the date of purchase at no additional charge.
The buyer must contact seller in writing at the address above in the event of day claim which buyer wishes to bring under the warranty. Any claim must include the purchase order number of the contact and a copy of the original contract. The seller may settle the claim by, at its sole option, either (i) repairing the malfunctioning item. (ii) replacing it or (iii) refunding the original purchase price. The sellers liability and that of its sales representative is limited to the terms of the LIMITED WARRANTY.
The LIMITED WARRANTY does not apply to (a) any purchase products damaged or rendered inoperative as a result of accident, misuse or abuse, (b) any purchased products that have been cared for according to the instructions supplied with them. Or (c) any purchased products used in commercial establishments.
The LIMITED WARRANTY also does not cover any shipping expenses. The buyer shall be responsible for paying the shipping expenses of the purchased products which are the subject of the claim and the shipping expenses of any replacement products shipped by the seller to the buyer.
Any warranties delivered to the buyer by the seller or the seller's sales representative or otherwise by this contract are LIMITED WARRANTIES only. The buyer should read the terms and conditions of such warranties carefully.
13. EXCEPT AS PROVIDED IN THIS AGREEMENT SELLER GIVES NO WARRANTY OR GUARANTEE EXPRESSED OR IMPLIED AS TO DESCRIPTION QUALITY MERCHANTABILITY FITNESS FOR PARTICULAR PURPOSE OR OF ANY OTHER KIND SELLER IS NOT RESPONSIBLE FOR ANY DAMAGE LOSS OR EXPENSE (including consequential damages) BY REASON OF BUYERS USE OF OR INABILITY TO US THE PURCHASED ITEMS.
14. THIS DOCUMENT STATES THE ENTIRE AGREEMENT BETWEEN THE BUYER AND SELLER. THIS AGREEMENT CANNOT BE CHANGED BY ANY CONVERSATIONS BETWEEN THE BUYER AND EITHER THE SELLER OR A SALES REPRESENTATIVE OF THE SELLER. ANY CHANGE OR ANY ADDITIONAL AGREEMENTS MUST BE IN WRITING AND SIGNED BY BOTH THE BUYER AND THE SELLER.
15. In case of refused deliveries the buyer will be charged a fee of 4% of the total purchased price as compensation for expenses incurred. If the delivery is delayed by the buyer for more than a month, the buyer will be charged a monthly storage fee of 5% of the total purchase price unless additional expenses are incurred.
16. If merchandise is delivered by mail the buyer pays the costs of shipping and handling. The delivery is considered complete as of the mailing date. The merchandise is shipped insured. Should any damage occur in transportation or if the buyer wishes to claim that the merchandise shipped does not conform to the terms of this agreement, the seller is to be notified about the nature and extent of any such damage or non-conformity within five days of receipt of merchandise or within such longer period as may be required by applicable law.
17. All merchandise is sold as seen in samples or brochures. However, deviations in shape, color, decoration, surface, stamp and packaging may be made from time to time at the discretion of the manufacturer. Accordingly, the material contents description refers to the essential parts of the product only.
18. Seller can assign any of its rights under this contract without buyers consent, except to the extent prohibited by applicable law.
19. If any part of this agreement is unenforceable this will not make any other part unenforceable and the balance of the agreement will remain enforceable to the fullest extent permitted by law.
20. Should particular terms of this contract not apply, all other terms remain applicable. Terms of payments are an integral part of this agreement.
Services and Conditions
of Use
As part of our service, we agree to provide you with information and other
services that we may decide to offer, subject to the terms of this agreement.
Upon notice published through the service, we may modify this agreement at
any time. You agree and continue to agree to use our services in a manner consistent
with all applicable laws and regulations and in accordance with the terms and
conditions set out in the policies and guidelines outlined below. Please note
that you will be referred to as 'customer' in this agreement.
SALES AGREEMENT END
©2007-2008 Progressive Lifestyle Solutions™