Terms and Conditions of Sale
Welcome to Note•ify’s Online Sales Terms and Conditions. These Terms and Conditions govern sales of products made on the Note•ify online sales webpage (www.noteify.com). You agree to be bound by these Terms and Conditions by clicking on the “I Agree” button on the checkout page. We reserve the right to amend these Terms and Conditions at any time by posting amended terms and conditions on our website with a revised effective date.
The terms Note•ify, “us”, “'we” and “our” refers to Note•ify, an Oregon Limited Liability company. Our contact details are listed on the website page "Contact.” The term “you” refers to the purchaser of the product or user or viewer of the online ordering features of our website.
Price: Prices listed are for immediate ordering only and are subject to change.
(a) The products will be delivered within a reasonable time after the receipt of your purchase order, subject to availability of finished products.
(b) Unless otherwise agreed in writing by the parties, we shall deliver the products to a "Delivery Point" designated by you using our standard methods for packaging and delivering such products. You shall be responsible for all costs reasonably suited for receipt of the products at the Delivery Point.
(c) Title and risk of loss passes to you upon delivery of the products to the Delivery Point.
(a) The quantity of products as recorded by us on dispatch from our place of business is conclusive evidence of the quantity received by you at the Delivery Point unless you can provide conclusive evidence proving the contrary.
(b) We shall not be liable for any non-delivery of products (even if caused by our negligence) unless you give written notice to us of the non-delivery within 2 days of the date when the products would in the ordinary course of events have been received.
(c) Any liability of us for non-delivery of the products shall be limited to replacing the products within a reasonable time or adjusting the invoice respecting such products to reflect the actual quantity delivered.
Inspection and Rejection of Nonconforming Products:
(a) You shall inspect the products within 2 days upon receipt ("Inspection Period"). You will be deemed to have accepted the products unless you notify us in writing of any Nonconforming Products during the Inspection Period and furnish such written evidence or other documentation as reasonably required by Seller. "Nonconforming Products" means only the following: (i) product shipped is different than identified by you on the website; or (ii) product's label or packaging incorrectly identifies its contents.
(b) If you timely notify us of any Nonconforming Products, we shall, in our sole discretion, replace such Nonconforming Products with conforming products
Availability: Some products have longer lead times (usually noted on the product description page). We will email you a confirmation of lead time for your order.
Payment Options: We accept American Express, MasterCard and Visa for online orders, as well as PayPal and credit cards through Stripe.
(a) WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; or (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
(b) Products manufactured by a third party ("Third Party Product") may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the products. For the avoidance of doubt, WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
(c) IN NO EVENT WILL WE BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, OR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR CONTINGENT DAMAGES ARISING FROM OR RELATING TO THIS CONTRACT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS SALE, INCLUDING FOR ANY LIABILITY ON ACCOUNT OF A CLAIMED DEFECT IN ANY PRODUCT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE PRODUCT. ALL SALES ARE FINAL, NO RETURNS WILL BE ACCEPTED OTHER THAN AS PROVIDED IN THESE WARRANTY PROVISIONS.
Interpretation: These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Oregon, U.S.A., without reference to its conflicts of law provisions. Any dispute shall be subject to the exclusive jurisdiction of the state and federal courts located in Deschutes County, Oregon, U.S.A., and you hereby irrevocably agree to submit to the personal and exclusive jurisdiction and venue of such courts. If any term, provision, covenant or condition of these Terms and Conditions is held by a court or arbitral panel of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated.