-
Your shopping cart is empty!
Terms and Conditions
These TERMS OF USE ("Terms") govern
your use of Q-DEALS , 's website ("Website"). Please review
these Terms carefully. By using the Website, you accept and acknowledge
that the Website is hosted in the United States and that your use of the
Website is subject to these Terms. Our Privacy Policy describes our
practices concerning data that you provide or that we may collect about you
through the Website and you consent to our use of data in compliance with the
Privacy Policy.
1. User Accounts; Website Use.
1.1. Accounts and Account
Registration.
1.1.1. In order to place an order on the
Website, you will be required to register and/or set up an account. In
order to do so, you may be provided or required to set up an account
("Account") and provide certain information, such as choosing a user
name and password, providing payment and other account information
("Account Information"). You agree and represent that all
Account Information provided by you is accurate and up-to-date. If your
Account Information changes, you agree to update it by using the appropriate
update mechanism on the Website. You may not sub-license, transfer, sell
or assign your Account to any third party.
1.1.2. You are solely responsible for all fees
and payments incurred using your Account, regardless of whether the fees were
actually incurred by you. If you have reason to believe that your Account
is no longer secure, you must promptly change the affected Account Information
by logging in to your account and changing your user name and password, or by
contacting Q-DEALS at info@Q-DEALS.com.
1.2. User's Actions. You agree to
use this Website in a lawful, non-commercial, and appropriate manner. You
agree to comply with the Terms and any rules related to the Website or other
restrictions detailed herein. You agree that you will not: (i) violate
the rights of others, including any intellectual property rights; (ii) use any
technique or device to bypass, disable, or circumvent the content protection or
access control mechanism on the Website; (iii) interfere with other's use of
this Website; (iv) introducing any virus, or any other computer code, programs,
or files which disrupts, interrupts, destroys or limits the function of the
Website; (v) encourage or engage in any conduct that would constitute a
criminal offense or give rise to civil liability; (vi) copy, create any
derivative works or otherwise violate the copyrights of Q-DEALS or of
third parties, or (viii) violate or breach these Terms.
1.3. Security. When you
create an Account or if you are asked to enter sensitive information (such as
your credit card number), that information is encrypted and is protected with
industry standard encryption 128bit SSL. Although Q-DEALS has taken
reasonable precautions to prevent the unauthorized access and alterations of
the Website, no system on the Internet is completely secure. Q-DEALS has
no responsibility for any computer viruses and destructive programs that may be
inadvertently downloaded from, or purposely inserted on to the Website.
If you wish to have your financial information removed you may contact us at info@Q-DEALS.com
to request that your information be deleted from our database. For future
transactions, you will be required to re-enter your information.
1.4. Monitoring and Violations.
Q-DEALS is not responsible for monitoring your use of the Website.
However, if we discover that you are accessing this Website in violation of the
rules, we may take immediate action to terminate your access to the Website.
1.5. Children. Q-DEALS does
not sell products for purchase by children. If you are under 18, you are
prohibited from using this website. Although Q-DEALS does not monitor
your use, if we discover that you are below the age of eighteen (18), we
reserve the right to ban any you from accessing the Website and to delete any
Accounts created by such persons.
2. Purchases; Shipping; Returns and
Refunds.
2.1. Purchases. Q-DEALS may
charge you fees for goods and services offered for sale on or through the
Website with the prices stated on this website as the final price for any
product. You agree to pay all fees and charges, including applicable
taxes, surcharges, restocking or cancellation fees incurred through your
activity on or through the Website, and/or through your Account at the prices
listed on the Website and all taxes imposed by any governmental
authority. Unless otherwise specified on the Website, all prices will be
quoted and charged in U.S. Dollars and prices stated on the website are final
and binding regardless of any other pricing or data source. We reserve
the right to change the amount of or the basis for determining any prices and
to institute new fees and costs effective upon publication of such revised
pricing policies on the Website.
2.2 Shipping. Q-DEALS will
undertake shipping of products using a domestic or international carrier of its
choicing. All domestic rates are stated on site but may vary on any given order
due to over-weight, over-size, out of area shipping as well as duties/customs
charges. You agree to pay all shipping, carrier fees and customs charged
to you by Q-DEALS and agree that all ownership of product passes to you once
the product is in the hands of the shipping company. A 10% duty
prepayment will be due before international orders can be shipped. Any
difference in duties will be credited back if applicable. Skus beginning with
ECW and ECV may not be shipped internationally. Per special request, it
may be arranged at additional shipping charges and processing
time. Where you provide Q-DEALS details of your own third party
shipping account then Q-DEALS will use best endeavours to use that account but
where Q-DEALS is not willing or able to use this service at Q-DEALS
sole election then you will be liable for normal shipping charges levied
by Q-DEALS on all orders shipped on your account. Your shipping with Q-DEALS is
an acceptance of these shipping terms.
2.3. Stock Status. Q-DEALS
will attempt to timely update the status flags showing whether an item becomes
unavailable or is discontinued. However, we cannot guarantee that the
goods and services advertised on the Website will be available when
ordered. Where an item is out of stock Q-DEALS we will notify you and
cancel the order. When the item becomes available it will be your
responsibility to replace the order at your convenience. For orders with more
than one item, any in stock items will be shipped, you will be notified, and
the out of stock items will be canceled.Any payments made for out of stock
items will be will be credited. Q-DEALS is not responsible for order delays
caused by out of stock items.
2.4. Misprints, Abuse. Q-DEALS
does not warrant that the Website or any Q-DEALS Webstore purchased from this
Website, including without limitation product descriptions, photographs of
products, and prices are accurate, complete, reliable, current or error-free;
and we reserve the right to cancel, to terminate or not to process orders
(including accepted orders) where the price or other material information on
this site is inaccurate or when we recognize abuse of our policies.
2.5. Warehouses. All orders
will be shipped by Q-DEALS from one of its warehouse locations. The selection
of the warehouse is at Q-DEALS's sole election although efforts will be made to
use the closest possible warehouse to the delivery address subject to stock
availability. Q-DEALS may use USPS, FedEx, or UPS for shipping with such
determination at Q-DEALS's election. Please contact Q-DEALS directly for
more details on product shipping.
2.5. Summer Shipping Policy.
2.5.1. Q-DEALS recommends that customers using
our product data remove heat sensitive items from their product range and
online stores from June to late September to avoid heat related product issues
during transport. You are advised to review any order for product items
that may be sensitive to melting or tainting due to summer heat prior to order
finalization. Customers placing orders are liable for any product damage that
may occur due to heat damage. By placing an order for heat sensitive
items, customer expressly acknowledges that Q-DEALS cannot guarantee the
quality of any heat sensitive product requested to be shipped and that any
extra shipping charges or replacement product costs will be at the sole expense
of the customer placing the order.
2.5.2. Customers do have the option to add
Summer Foil Wrap to product orders which may be heat sensitive. Wrap must be
ordered at time of placing the order. Customer acknowledges that foil wrap will
assist in protecting food items shipped but will not in any way fully protect
the item and hence customer remains responsible for any product replacement
costs for heat damage regardless of whether or not foil wrap was used.
2.6. Product Returns & Cancelled Orders.
2.6.1. Non-Perishable Items. Except
for food or other perishable items, Q-DEALS accepts the return of any product
within the first thirty (30) days of the date the order was placed and only if
the product is unopened and unused. Any returns may be subject to a 10% restock
fee at Q-DEALS's sole election. Credit will be provided upon Q-DEALS's physical
receipt of the returned product. Please note that shipping charges are not
refundable unless Q-DEALS is found to have shipped the incorrect, or an expired
item. All product returns are to be shipped to Q-DEALS at 370 1st Avenue
NW, Issaquah, WA 98027
2.6.2. Perishable Items.
Food and other perishable items are not returnable and non-refundable unless
the item is out of date on the date of arrival or the wrong item was
shipped. Please contact our customer services at info@Q-DEALS.com for
return and credit instructions.
2.6.3. Cancelled Orders. Q-DEALS
does not accept any cancellations once an order has been placed.
3. MAP Pricing. Users are
required to abide by MAP pricing stated on any product. Where Q-DEALS is
notified of violations of MAP pricing then Q-DEALS reserves the right to cease
supply of that product to you.
4. Q-DEALS's Intellectual Property.
4.1. General Limited License. Q-DEALS
grants you a non-exclusive, limited license to use the Website and to purchase
our goods and services. Your use of the Website is strictly limited to
such uses in and only in full compliance with these Terms.
4.2. Copyrights. All content
on the Website, including images of products and product descriptions are the
copyright of Q-DEALS, have been properly licensed from their respective
copyright owners for use on the Website, or is otherwise allowed for use on the
Website by law. Except for ordinary access of the Website in accord
with these Terms, you are hereby prohibited from copying or extracting such
images for any purpose, or linking to these images on any third party website
unless you receive express written consent from Q-DEALS.
5. Third Party Copyrights. Q-DEALS
respects the rights of all copyright holders and in this regard, we have
adopted and implemented a policy that provides for the termination in
appropriate circumstances Account holders who infringe the rights of copyright
holders. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide us with the following
information required by the Online Copyright Infringement Liability Limitation
Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: (i) a physical or
electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed; (ii) identification of the
copyright work claimed to have been infringed, or, if multiple copyrighted
works at a single online site are covered by a single notification, a
representative list of such works at that site; (iii) identification of the
material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit us to locate the material; (iv)
information reasonably sufficient to permit us to contact the complaining
party; (v) a statement that the complaining party has a good-faith belief that
use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and (vi) a statement that the
information in the notification is accurate, and under penalty of perjury, that
the complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed. For copyright inquiries under the
Digital Millennium Copyright Act please contact:
Q-DEALS , Customer Service 3020 Issaquah Pine-Lake Rd,
PMB514 Sammamish, WA, 98075 USA
Or e-mail us at info@Q-DEALS.com.
6. Links with Third Party Sites. Creating
or maintaining any link from another website to any page on this Website
without Q-DEALS's prior written permission is prohibited. This
Website may contain hyperlinks to websites operated by parties other than the Q-DEALS.
Such hyperlinks are provided for reference only. If you use these links,
you will leave this Website. We cannot and do not endorse, guarantee or
make any representations or warranties regarding any other website, or content,
materials or other information that may be accessible from any other
website. If you decide to access any other websites linked to or from
this Website, you do so entirely at your own risk.
7. DISCLAIMER OF WARRANTIES.
YOUR USE OF THIS WEBSITE AND YOUR PURCHASE OF GOODS AND SERVICES FROM Q-DEALS
IS AT YOUR OWN RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. Q-DEALS
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE
WEBSITE OR TO THE GOODS AND SERVICES OFFERED THEREIN. WE PROVIDE THIS
WEBSITE, AND ANY GOODS AND SERVICES OFFERED ON OR THROUGH THE SITE "AS
IS." Q-DEALS EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES,
INCLUDING BUT NOT LIMITED TO THE ACCURACY, COMPLETENESS, IMPLIED WARRANTIES OF
MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT OF ANY CONTENT OFFERED ON OR THROUGH THE SITE. THE
FOREGOING EXCLUSION OF WARRANTIES DOES NOT APPLY TO THE EXTENT PROHIBITED BY
LAW.
8. LIMITATIONS OF LIABILITY.
Q-DEALS, ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, SUCCESSORS AND ASSIGNS
WILL NOT BE LIABLE FOR ANY DAMAGES TO YOU OR ANYONE ELSE FOR ANY LIABILITY,
INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE, COMPENSATORY
OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO PROPERTY, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF THE
USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEB SITES
LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY
OR ALL SUCH WEB SITES, AS WELL AS ANY GOODS AND SERVICES PURCHASED ON THIS
WEBSITE OR THE PAYMENT PROCESSING RELATED THERETO, WHETHER BASED ON WARRANTY,
CONTRACT, TORT OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATIONS OF
LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO
YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
9. LIMITATION OF REMEDIES.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY PRODUCT ORDERED OR SHIPPED
AS A RESULT OF AN ORDER ON THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO
CEASE USING THIS WEBSITE AND TO REQUEST A REFUND FOR THE GOODS AND SERVICES
PURCHASED. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT
YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY,
IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES,
IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A
RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS
AND REFUNDS POLICIES POSTED ON THIS WEBSITE.
10. Indemnification. You
agree to indemnify and hold Q-DEALS and its parents, affiliates, and
subsidiaries, officers, directors, employees, successors and assigns, harmless
from any claim, loss or demand, including reasonable attorneys' fees, made by
any person due to or arising out of your use of this Website, your connection
to this Website or any Q-DEALS Webstore purchased through this site, your
violation of these Terms, or your violation of any rights of another party, or
in relation to any products ordered from and shipped by Q-DEALS on your
behalf. This indemnity survives termination of these Terms.
11. Distributor Data; Compliance with
Third Party Rules.
11.1. Q-DEALS hereby grants to those who have
created an Account for the purpose of distributing our goods and services
("Distributors") a license to copy, link and use our product images,
product descriptions, Skus, price lists and other similar data in its original
form ("Distributor Data") for the sole and limited purpose of
distributing, selling, marketing, and advertising our goods and services.
Distributors are not authoriized to alter any Q-DEALS product skus or product
names and must use original Q-DEALS provided data when placing any order. Q-DEALS
makes no representations and warranties as to the accuracy or reliability of
the Distributor Data and Q-DEALS specifically disclaims any representations and
warranties that the Distributor Data is in compliance with any rules and
regulations of any e-commerce site or third party payment processor. Q-DEALS
reserves the right to close a Distributor's Account should a Distributor elects
to sell any item in violation of the rules and regulations of an e-commerce
site, or violate any provisions of these Terms.
11.2. Each Distributor acknowledges and agrees
that each Distributor is solely responsible for any and all charges,
complaints, claims, liabilities, obligations, promises, agreements,
controversies, damages, actions, causes of action, suits, rights, demands,
costs, losses, debts and expenses (collectively "Damages") arising
from their use of this Website, any Q-DEALS Webstore, and or the
Distributor Data and their compliance with the rules and regulations of any
e-commerce site or third party payment processer site. Distributor shall
indemnify Q-DEALS for any Damages suffered by Q-DEALS as a result of the
Distributor's failure to comply with such rules and regulations.
12. Applicable Law, Venue, Limitation
of Actions. The Website is operated by a U.S. entity and is governed
by the laws of the Washington State in the United States. The laws of
your jurisdiction may be more or less restrictive than the laws that apply to
this Website. Any dispute between Q-DEALS and you shall be subject to the
laws of the state of Washington, and you hereby consent to jurisdiction and
venue within King County, Washington. All disputes adjudged by courts
located in King County, Washington. If you access this Website outside of
the United States, you do so at your own risk and are responsible for
compliance with the laws of your jurisdiction and at your own costs.
13. Opting Out to E-mail Communications.
For customers who wish to opt-out and stop receiving Q-DEALS's special offers
and related news, we provides several ways to do so. If you no longer wish to
receive our newsletter or promotional materials may opt-out of receiving these
communications by logging on to their Account and un-checking the
"newsletter" field. They may also send e-mails to info@Q-DEALS.com
with a request to be removed. Finally, they may use the link provided in
all Q-DEALS communications to automatically unsubscribe.
14. Amendment of Site Terms.
Q-DEALS reserves the right to update our Terms and Conditions at any time and
at our sole election. Any update is binding on you and on all users of
the Website. Notices of the updates to the Terms and Conditions will be
posted on the Website and you may request to be notified of any changes to
these Terms and Conditions by election the option by contacting Q-DEALS at info@Q-DEALS.com.
15. Questions or Concerns.
If you have any questions or concerns, please feel free to contact us via
e-mail at info@Q-DEALS.com.