Terms & Conditions
OVERVIEW
The website www.ontelproducts.com (the “Site”) is operated by Ontel Products Corporation (the “Company”) with a principal place of business at 21 Law Drive Fairfield, NJ 07004 and primary e-mail address at tvtoretail@ontel.com and intended to be utilized solely to conduct business-to-business wholesale transactions. Throughout these terms and conditions (“Terms”), “You”/“Your” refers to you, the visitor of the Site, regardless of whether You are a corporation, browser, vendor, customer, or merchant.
By visiting, accessing, and/or using all or any part of the Site, You represent you are evaluating the opportunity to enter into a transaction with the Company for the purchase and resale of product in the ordinary course of business and agree to be bound by these Terms, regardless of whether You take further action while on the Site or with respect to the Company.
If You do not agree to all the terms and conditions contained herein, then You may not access the Site or purchase product from the Company.
The Company reserves the right to, at any time, without notice to You, update, change, modify, edit, or replace any or all of these Terms at any time by modifying the text contained herein. It is Your responsibility to review these Terms periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes unconditional, unmodified, acceptance of those changes.
SECTION 1: SITE AND TERMS
Prior to Your visiting, accessing, and/or using all or any part of the Site You must apply for a wholesale account with the Company. The Company reserves the right to approve, reject, or terminate Your application for such account at any time, for any reason, with or without notice to You. By visiting, accessing, and/or using all or any part of the Site, You represent You are at least the age of majority in your state or province of residence, are able to transact business on behalf of the entity you represent, and are purchasing products for resale in the ordinary course of Your business and not for personal use.
You may not, in Your accessing of the Site: (a) violate or encourage any third-party to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (b) infringe upon or violate the Company’s intellectual property rights; (c) submit false or misleading information; (d) upload or transmit viruses or malicious code that will or may affect the functionality or operation of the Site; (e) spam, phish, pharm, pretext, spider, crawl, or scrape the Site or any content contained therein; or (f) interfere with or circumvent the security features of the Site.
A breach or violation of these Terms will result in an immediate revocation of Your ability to visit, access, and/or use the Site.
SECTION 2: GENERAL CONDITIONS
The Company reserves the right to revoke Your ability to visit, access, and/or use the Site for any reason, at any time, with or without notice to You.
You understand content You input into the Site, excluding credit card information, may be transferred to the Company in an unencrypted manner and could involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connected networks or devices. Your credit card information, if input into the Site, is always encrypted if such information is transferred across networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site.
SECTION 3: ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The Company makes no representations or warranties pertaining to the accuracy, completeness, timeliness, and/or recency of the material or information contained on the Site and is not responsible, in any manner, or liable to You, if any material or information contained on the Site is inaccurate, incomplete, late, or outdated. The Site is provided for general information only and should not be relied upon or used by You as the sole basis for making purchasing decisions without contacting the Company directly. Your reliance on any material or information contained on the Site is at Your own risk and you should consult with a representative from the Company before making any purchasing decisions.
SECTION 4: PRODUCT PURCHASING
The prices listed for each product available for purchase from the Company on the Site are exclusive of any tax and shipping costs to You, which shall be at Your sole cost and responsibility. The Company is not responsible for paying delivery or shipping costs of product You purchased from the Site, nor is it responsible for paying taxes related to purchases You make from the Site.
The Company may, with or without notice or liability to You, change the offering price or structure of any offerings made by Company via the Site for any product or grouping of products displayed on the Site and offered by the Company for sale to You. The Company may also, with or without notice or liability to You, discontinue any product from being offered for purchase on the Site or prevent you from making a purchase of any product or product grouping from the Site. The Company makes no representation or warranty to You about the quantities or groupings of products that are available for purchase by You from the Site and certain products or quantities of products, at Company’s discretion, may be unavailable for You to purchase from the Site at any time, with or without notice to you.
The Company makes every effort to accurately display the colors and images of products available for purchase on the Site. The Company cannot guarantee Your view of any particular color via the Site accurately reflects product to be received upon purchase.
The Company can, at its discretion, for any reason, alter, modify, and/or refuse to accept or fulfill any purchase order You place via the Site. The Company may also establish minimum purchase order requirements You must abide by before being able to place a purchase order with the Company via the Site, or require You to provide it with resale certificates or tax exemption documentation. If the Company alters, modifies, and or cancels an order You place via the Site, it may choose to notify you by utilizing the contact information You provided at the time the order was placed.
You may not use the Company’s products for any illegal or unauthorized purpose.
SECTION 5: BILLING
You agree to provide the Company with current, complete, and accurate purchase and account information for all purchases You make via the Site. If any information You provided to the Company changes after You purchase product from the Site, You are obligated to promptly update such information, so the Company can complete the transaction. Your failure to properly update Your contact information shall, at the Company’s discretion, permit the Company to cancel the transaction and/or restrict Your ability to further transact via the Site.
If Your transaction cannot be processed utilizing the information You provided via the Site at the time of purchase, the Company will endeavor to contact you within forty-eight (48) hours of Your purchase to request updated information. If within seven (7) calendar days after the Company’s initial attempt to contact You, the Company is unable to communicate with You or receive updated information, the Company may, at its discretion, cancel the transaction and/or restrict Your ability to further transact business via the Site.
The Company is not liable, in any manner, to You, for any cost, loss, depreciation, or damage (including incidental or consequential damages) arising from any delay in delivery resulting from incorrect or incomplete information You provided to the Company via the Site.
All purchase orders placed by YOU via the Site must be paid for in full before shipping and late payments shall accrue interest at the maximum rates allowable by law.
SECTION 6: SHIPPING INFORMATION
Upon completion of a purchase made by You via the Site, the Company may provide You with tracking information from a third-party carrier via a link or tracking number. Such information may direct You to the carrier’s services or one or more websites not affiliated with the Company. The Company is not responsible for examining or evaluating the content or accuracy of any information contained on any website or webpage owned or controlled by a third-party carrier and the Company makes no representations and/or warranties regarding the accuracy or completeness of such information. The Company is not liable to You or any third-party for any action, direct or indirect, taken by a carrier related to its fulfillment of any orders placed by You via the Site.
The Company is not liable to You for any harm or damages incurred by You related to Your purchase or use of third-party shipping services with respect to Your purchase of product via the Site. Please carefully review each third-party carrier’s policies and practices and make sure You fully and completely understand and agree to such policies before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party shipping services of product purchased by You via the Site should be directed to the third-party – not the Company.
All title to goods purchased by You via the Site and risk of loss shall pass to You upon the Company’s delivery of the product to the carrier. You are required to inspect all purchased product immediately upon receipt and notify the Company in writing within seven (7) calendar days of Your receipt of such product if You have concerns regarding damaged product. All sales of product purchased by You via the Site are final. The Company will not accept returns from You except for defective products reported within seven (7) calendar days of Your receipt of such product.
SECTION 7: INTELLECTUAL PROPERTY
All content on the Site, including but not limited to text, graphics, images, product descriptions, logos, and trademarks (collectively, the "Content") is the exclusive property of the Company or its licensors and is protected under applicable intellectual property laws. No license or right to use the Content is granted to You by virtue of Your access to or use of the Site. You may not copy, reproduce, modify, publish, display, distribute, transmit, sell, or otherwise exploit any Content without the prior written consent of the Company. The Company’s trademarks, images, and trade names may not be used in connection with any product or service that is not owned by the Company, in any manner likely to cause confusion, or in any manner that disparages or discredits the Company.
The Company name and logo are registered trademarks of the Company, and may not be copied, imitated or used by You, at any time, for any reason, in whole or in part.
Any unauthorized use of the Content by You shall result in immediate termination of your account on the Site and may subject You to legal action.
SECTION 8: ELECTRONIC COMMUNICATIONS
By visiting, accessing, and/or using the Site regardless of whether You make a purchase from the Site, You consent to receive electronic communications from the Company, which may include communications made via e-mail. All agreements, notices, disclosures, and other communications the Company sends to you electronically satisfies any legal requirement that such communications be in writing.
By providing the Company with Your mobile phone number via the Site, You consent to receiving telephone calls, including artificial voice calls, pre-recorded messages and/or calls regarding Your purchase or account, including promotional deals. Such communications may be delivered to You via automated technology or text and/or SMS messaging to the telephone number You provided to the Company via the Site. Mobile carriers are not liable for delayed or undelivered messages.
Electronic communications sent by the Company to You may be seen by anyone with access to your electronic devices. Accordingly, You should take steps to safeguard Your electronic devices if You want communications from the Company to remain private.
If You wish to stop receiving text messages from the Company regarding Your purchase or account, reply to any text message with “STOP”, “END” or “QUIT” and no future communication will be made by the Company. You may also request to stop receiving text messages by e-mailing tvtoretail.com or garner assistance by texting “HELP.”
Message and data rates of Your mobile carrier provider will apply to any mobile communication.
SECTION 9: ERRORS, INACCURACIES AND OMISSIONS
The Site may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. The Company reserves all rights to correct any errors, inaccuracies, or omissions on the Site, at any time, with or without notice or liability to You, and to change or update product information or cancel Your order due to a product pricing or availability change.
The Company is not responsible for making updates to the Site aside from those updates required by state or federal law.
SECTION 10: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The Company makes no representations or warranties to You regarding the accuracy of any information on the Site or that Your usage of the Site will be uninterrupted, timely, secure, or error-free.
The Company makes no representations or warranties that a particular product purchased by You via the Site will achieve certain sales results, should You choose to offer the product for sale to a third-party.
Your use of the Site is at Your sole and exclusive risk. Except as otherwise provided by the Company to You via an independent signed writing, the Site is provided “as is” and “is available” for Your use, without any representation, warranties or conditions from the Company, either express or implied.
In no case shall the Company or its directors, officers, employees, affiliates, agents, contractors, suppliers, sourcing agents, manufacturers, service providers, or licensors be liable to You for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your use of the Site including, but not limited to, any errors or omissions in any content posted to the Site, or any loss or damage of any kind incurred as a result of Your use of the Site. In jurisdictions that do not allow exclusion or limitation of liability for consequential or incidental damages, the Company’s liability shall be limited to the maximum extent permitted by law in such jurisdiction.
SECTION 11: INDEMNIFICATION
You agree to indemnify, defend and hold the Company and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, manufacturers, sourcing agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of Your breach of these Terms and from any claims arising out of Your resale or marketing of purchased product, including Your failure to comply with applicable state and federal resale laws.
You agree to comply with all applicable federal, state, and local laws and regulations when reselling product purchased through the Site, including but not limited to advertising, labeling, packaging, and consumer protection laws. You are solely responsible for any and all claims arising from Your resale activities The Company reserves the right to request proof of Your compliance and may suspend or terminate Your account on the Site if it reasonably believes You have failed to comply with this Section 11.
SECTION 12: SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law with the intent of the parties being to replace such provision with one that protects the Company to the maximum extent permissible by law, and the unenforceable portion shall be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 13: TERMINATION
These Terms are effective unless and until terminated by the Company. You may terminate Your requirement to abide by these Terms by ceasing to visit, access, and/or use the Site. The Company may terminate your ability to visit, access, and/or use the Site and any time, with or without justification or notice to You.
SECTION 14: ENTIRE AGREEMENT
These Terms constitute the entire agreement and understanding between You and the Company pertaining to Your visiting, accessing, and/or using the Site and supersede any prior or contemporaneous agreements, communications and proposals, between You and the Company, whether oral or written, pertaining to Your visit, access, and/or usage of the Site. The Company’s failure to exercise or enforce any right or provision contained herein shall not constitute a waiver of such right or provision.
SECTION 15: GOVERNING LAW
These Terms and Your purchase of any product from the Site shall be governed by and construed in accordance with the procedural and substantive laws of the state of New Jersey, in the state or federal courts located in Essex County, New Jersey. In visiting, accessing and/or using the Site, You waive any and all rights You may have to contest jurisdiction or venue in any dispute related to your visit, access and/or usage of the Site or purchase of any product from the Site.
SECTION 16: CONTACT
For questions about these Terms, please e-mail tvtoretail@ontel.com.