1. Agreement Overview
These Terms & Conditions establish a legally binding contract applicable to clients making purchases from Seventhgeniusonline.com. No other terms provided by the client will be recognized, and any supplementary terms are considered material modifications, with Seventh Genius Online objecting to and rejecting them.
By placing an order with seventhgeniusonline.com, the customer agrees to be bound by these Terms & Conditions, unless a separate contract for the specific order has been agreed upon by both parties. In such a case, the separate contract will prevail as the Terms of Sales.
No order becomes binding until accepted by Seventh Genius Online. This Agreement is subject to modification without prior notice. However, the version on Seventh Genius Online at the time of order placement governs the transaction if not agreed upon in writing by both parties.
2. Definitions
- Agreement: Refers to these terms and conditions.
- Customer/Client: Refers to the individual/company ordering or procuring Products from Seventh Genius Online.
- Products: Denotes items resold by Seventh Genius Online from Third Party Vendors.
- Seventh Genius Online: Includes Seventh Genius Online and any affiliates or parent companies.
- Third Party Vendor: Signifies the entity providing the Product resold by Seventh Genius Online.
- Website: Encompasses this website or any other operated by Seventh Genius Online.
3. Reseller Only
The customer acknowledges that Seventhgeniusonline.com is not the manufacturer, distributor, or licensor of the Products. Customer relies on the specifications provided by the Third Party Vendor and not on any statements or documents from Seventh Genius Online.
4. Warranty Disclaimer
Seventhgeniusonline.com, if allowed by the Third Party Vendor, will pass on any warranties for a Product to the customer. This pass-through of warranties is the customer's sole remedy, and Seventhgeniusonline.com sole obligation regarding Product warranties. No employee of Seventh Genius Online is authorized to make any representation or warranty not stated in this Agreement.
5. No Indemnification
Seventh Genius Online does not provide indemnities for the Products. The customer waives any claims against Seventh Genius Online based on product accountability, infringement, or suspected infringement of intellectual property rights. Seventhgeniusonline.com is not liable for any claims made against the customer by a third party.
6. Liability
a. Seventh Genius Online total liability for damages incurred by the customer in connection with an order is limited to the amount paid by the customer for the products.
b. Seventh Genius Online is not liable for incidental, indirect, punitive, or consequential damages, including losses of income, data, business opportunities, network interruptions, or damage to reputation.
7. Payment Terms
Unless otherwise approved by Seventh Genius Online in writing, the customer must pay the invoice within thirty (30) days of the invoice date. The customer is responsible for applicable taxes or fees associated with product purchases.
8. Delivery
Seventh Genius Online does not guarantee meeting customer requirements for Products. Delivery times are estimates, and Seventh Genius Online is not liable for delays.
9. Returns
All returns follow Seventh Genius Online returns policy, as revised from time to time. Seventh Genius Online is not responsible for any Third Party Vendor's refusal to take back a Product.
10. Entire Agreement
Except for a separate, written contract, this Agreement covers the entire contract between Seventh Genius Online and the customer regarding the acquisition and provision of Products, superseding all previous negotiations and agreements.
11. Choice of Law
This Contract is governed by the laws of the State of Texas, without regard to its conflict of laws rules.
12. No Waiver
No provision of this Contract may be waived without the written consent of both parties. Indulgence in any regard does not create a waiver of any provision.
13. Assignment
The customer may not assign this Contract without the prior written approval of Seventh Genius Online.
14. Language
The Parties agree that this Agreement will be drafted in the English language.
15. Severability
If any clause is deemed unacceptable, unlawful, or unenforceable, the validity and enforceability of the remaining clauses shall not be affected.
16. Force Majeure
Except for payment obligations, neither party is liable for failure or delay in performance due to events beyond its control, with immediate written notification required for delays.
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