Terms & Conditions
(Last Updated February 2020)
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. BEFORE MAKING A PURCHASE, PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BE THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE AGE OF (I) AT LEAST 18 YEARS OR (II) LEGAL AGE TO FORM A BINDING CONTRACT WITH XOUNTS INC., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
2. Terms Acceptance
These Terms apply to the purchase and sale of products and services through www.xounts.com (the “site”). By confirming and making a purchase, you are bound by this agreement and become a party to the contract. If you do not agree to be bound by the terms of this Agreement, please do not click on “I accept” or continue to use this Website. We reserve the right to change the Terms in our sole discretion at any time without prior notice. The latest version of these Terms will be posted on this site and you should review these Terms before purchasing any product or services that are available through this site. Your continued use of this site after a posted change in these Terms will constitute your acceptance and agreement to such changes.
3. Online Store Terms
By agreeing to these terms and conditions, you represent that you are at least the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the website, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
4. Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order and payment, we will send you a confirmation email with the title “Payment Confirmation” with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Xounts Inc. and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time by emailing us at email@example.com within 24 hours after placing an order. Your order cannot be canceled once it has been shipped, we start the shipping process typically within 24 – 48 hours after we have received the order. We reserve the right to cancel your order if we fail to receive your payments in the period designated by us.
5. Privacy and Data Protection
6. Third-Party Links
Certain content, products and services available via our service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products or services of third-parties.
7. Products or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy in Section 10. We have made every effort to display the colors and images of our products that appear on the web shop as accurately as possible. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.
8. Prices and Payment Terms
Prices in the web shop are stated in USD. We reserve the right to change all prices posted without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted price do not include taxes. All such taxes will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. Xounts Inc. accepts credit card payments through PayPal or amazon pay. For credit card payments, an invoice will be issued at the time of payment.You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
9. Shipments; Delivery; Title and Risk of Loss
(a) We will arrange for shipment of the products to you. Order will be shipped and packed within 3 days of receipt of payment. We will arrange and pay for ground shipping choosing the carrier depending on your location. We can arrange for expediated services if requested by email and paid for in full by you.
(b) Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
10. Returns and Refunds.
We will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within thirty  days of delivery and provided such products are returned in their original condition with original packaging, manuals, accessories and a copy of the original invoice. To return products, you must email us at firstname.lastname@example.org to obtain a Return Merchandise Authorization (“RMA”) number before shipping your product. No returns of any type will be accepted without an RMA number. We will send you a return number and the address for the return shipment by email.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. Refunds are processed within approximately 48 hours of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site.
In case your product delivered is factory damaged or was damaged in transit, please email us promptly but no less than within three days upon delivery at email@example.com so we can arrange for an exchange of product. Please attach photos of the damaged product to your email requesting an exchange and a copy of the original invoice.
11. Intellectual Property
You acknowledge and agree that Xounts Inc. and our licensors have ownership of all intellectual property rights of any kind related to Xounts Inc.’s products and/or website, including applicable copyrights, trademarks and other proprietary rights and will remain the sole and exclusive owner(s) of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights[, subject only to the limited license granted under the product’s or service’s license agreement]. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services.
Any [website] content may be displayed solely for your personal, non-commercial use and you agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the prior written permission of Xounts Inc. or the applicable third-party licensor.
12. User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example reviews) you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms and conditions.
13. Communications in Electronic Form
For contractual purposes, you (a) consent to receive communications from Xounts Inc. in an electronic form via email address you have submitted; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Xounts Inc. provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
You may opt out of such email by unsubscribing or sending an email to firstname.lastname@example.org
14. Liability Disclaimer
a) Xounts Inc. provides the products on xounts.com “as is,” with no warranties whatsoever. ALL EXPRESS WARRANTIES AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
b) In no event shall Xounts Inc. be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the performance of Xounts.com or from any members’ use of services provided through this website, even if Xounts.com has been advised of the possibility of such damages.SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
15. Goods Not for Resale or Export
You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations. You represent and warrant that you are buying products or services from the Site for your own use only, and not for resale or export.
Xounts.com takes appropriate measure to secure and protect information transmitted to and from the site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about you, including any billing information used in connection with your use of the Site.
17. Modification of Terms
Xounts Inc. can amend these terms and conditions at any time in its sole discretion and will update these terms in the event of any such amendments.
19. Governing Law and Jurisdiction
These Terms and your use of Xounts Inc. website and all matters arising our relating to these Terms are governed by the laws of the State of Delaware, United States of America, without giving effect o any choice of law provisions or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Delaware.
Any disputes relating to these terms and conditions and all matters arising or relating to it shall be subject to the exclusive jurisdiction of the courts of the State of Delaware, sitting in Wilmington, DE, and any appellate courts thereof.
20. Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 21 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
22. No Waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Xounts Inc.
23. No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide. Notices sent by email will be effective when we send the email. It is your responsibility to keep your email address current.
To give us notice under these Terms, you must contact us by email at email@example.com. Notices sent by email will be effective when you send the email.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
26. Entire Agreement
30. Contact and Complaints
If you have any questions about these Terms & condition, please contact us at Email: firstname.lastname@example.org