Terms & Conditions and Policies - Supplier
Table of Content
Governing Law and Jurisdiction
By accepting purchase order of any product from 1000ofus or any of its affiliates ("1000ofus.com"), you ("Supplier") agree to be bound by the terms and conditions listed below. You and 1000ofus agree that the following terms and conditions are the exclusive terms governing the sales transaction between you and 1000ofus. Any attempt to alter, supplement, modify or amend these terms and conditions by the Supplier will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from 1000ofus.
While using 1000ofus, you will not:
• Post content or items in an inappropriate category or areas on our sites and services;
• Violate any laws, third party, or our rights;
• Use our sites or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our sites;
• Fail to deliver items offered by you;
• Circumvent or manipulate our reward structure, the billing process, or fees owed to 1000ofus;
• Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
• Take any action that may undermine the feedback or ratings systems;
• Distribute or post spam, chain letters, or pyramid schemes;
• Distribute viruses or any other technologies that may harm 1000ofus, or the interests or property of 1000ofus users;
• Copy, modify, or distribute content from the sites and 1000ofus's copyrights and trademarks; or
• Harvest or otherwise collect information about users, including email addresses, without their consent.
Joining 1000ofus and placing an offer on listed items is free. There is a refundable $100 deposit when you first sign up as a supplier in 1000ofus. The deposit will be refunded upon first successful transaction along with the payment for the purchase order. When you accept a purchase order from 1000ofus you have an opportunity to review and accept the order. You will be charged a fee; currently at 3% for all orders; which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice by posting the changes on the 1000ofus site. You are also responsible for all shipping, insurance, duty, and any other charges incurred in the delivery of items to 1000ofus processing center.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due).
Once 1000ofus receive the merchandise, we will check the merchandises to make sure they match the purchase order in quantity and quality. Only after we have verified and satisfied with the merchandises do we authorize payment to you. Supplier is responsible for return shipment cost should 1000ofus found the merchandise to be unsatisfactory.
Supplier is responsible for all expenses related to shipping the merchandises to 1000ofus processing center within 15 days of issuing the purchase order.
Supplier is responsible for all if any duty tax in shipping the merchandises to 1000ofus processing center.
Should 1000ofus found the delivery to be unsatisfactory; damaged, missing quantity, etc; 1000ofus will inform the supplier and the supplier will have 48 hours to arrange return shipments or other ways of remedy the situation. Failure to respond to 1000ofus within the time frame means the supplier abandoned the items and the items will be disposed at 1000ofus’s discretion.
All on-line transactions are sent through our secure server and encrypted with 64-bit technology. Once we receive your information through the internet, only authorized employees will process the payment to make sure your information is handled with the utmost level of security.
1000ofus respects your privacy. We will not under any circumstances sell or release your information to anyone except as outlined in our Privacy Policy. All of the information obtained from our web site will be used for processing purposes only. The only e-mails you will receive from 1000ofus are updates to any recent orders and/or returns.
You may request an order be cancelled provided that you respond within 24 hours you get the email notification of your offer’s acceptance. To cancel an order, go to your personal page and remove the item from your offer list.
1000ofus strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed are entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labeled with an incorrect price due to some typographical, informational, technical or other error, 1000ofus shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from 1000ofus are provided as resources to customers looking for additional information and/or professional opinion. 1000ofus does not assume responsibility for the claims and/or representations made on these or any other websites.
1000ofus is not responsible for changes or variations in product specifications and/or physical appearance. 1000ofus puts forth its best efforts to ensure that all product information is up-to-date and factual. Unfortunately there are varying determinates which, although infrequent, could cause the information on our website to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. 1000ofus relies on the manufacturer to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. Consequently, 1000ofus will not be held responsible for product revision changes.
1000ofus does not consent to having any telephone calls recorded and reserves the right to terminate any call that is being recorded. Customer agrees not to record any call with 1000ofus unless the customer has provided clear and conspicuous notice to 1000ofus and has received prior written consent from 1000ofus.
Payment Terms; Orders: An offer is not binding upon 1000ofus until it is accepted; 1000ofus must receive the offer confirmation before it will accept an offer. Payment for product(s) offered is authorized after receiving and quality checking the product(s) at 1000ofus processing center. Supplier can request payment deposit in an escrow account.
Service Charges
Your total payment for purchase of any product will exclude handling charges and or any other applicable charges shown on the 1000ofus purchase order.
Risk of Loss
Supplier will arrange for shipment of ordered product(s) to 1000ofus, Free On Board (F.O.B.) shipping point, meaning title to the product(s) -- excepting software-- and risk of loss passes to 1000ofus upon delivery to the carrier. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. Supplier agrees to be bound by any software license agreement once the seal on the package is broken. Supplier will advise 1000ofus of estimated shipping dates; no later than 15 days from issue of purchase order. 1000ofus will not, under any circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, terrorism or acts of war, strikes, lockouts, and freight embargoes.
Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between 1000ofus and Supplier shall be governed by the laws of the State of
Severability
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable New York law.
Waiver
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
Entire Agreement
These terms and conditions, together with 1000ofus's purchase order regarding the products ordered by 1000ofus, are the complete and exclusive agreement between 1000ofus and Supplier, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between 1000ofus and Supplier relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
