Terms of Service
Please read the following terms and conditions of sale carefully before ordering products from us. By purchasing goods from us, you agree to these terms of sale. These terms do not replace or affect your statutory rights. In these terms, “you” and “your” refer to the customer and “we”, “us” and “our” refer to testkitmart.com.
1. Order Acceptance
1.1 A contract for the sale of product(s) you order from us is only created once it has been paid for.
1.2 Orders are subject to availability.
1.3 We will not be legally bound by any factual or typographical errors on the website or other promotional materials.
2. Price and Delivery
2.1 The price you will pay for the goods is the price listed in the site.
2.2 Once the goods have been delivered to you, you will hold them at your own risk and will be liable for their loss or destruction. We will not be liable for the loss or destruction of the goods once they have been delivered to you.
2.3 If you place your order online we’ll send you an e-mail to let you know when we’ve dispatched your order. Your order should arrive within not more than 28 working days of dispatch. This maximum delivery period shall have elapsed before we will consider claims for lost in transit consignments.
3. RISK AND TRANSFER OF TITLE
3.1 Loading, dispatch or transport, unloading and insurance of the goods to be delivered takes place at the risk of the customer, even if these are handled by testkitmart.com;
3.2 All goods delivered by testkitmart.com remain the property of testkitmart.com until such time as the customer has paid in full all that which is owed to testkitmart.com in connection with the underlying agreement and/or earlier of later agreements of the same nature, including damages, costs and interest. The customer has no right of retention with respect to these goods.
4. Liability and Disclaimer
To fullest extent permitted at law and except in respect of death and personal injury caused by negligence on our part or on the part of our employees, we shall not be liable to you by reason of any representation, or any implied warranty condition or other term or any duty at common law or under express terms of the contract for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by negligence on our part or the part of our employees or agents or otherwise) which arise from or in connection with the use of the website, the supply of goods or their use or resale by you, and our entire liability under or in connection with the contract shall not exceed the price of the goods, except expressly provided in these conditions. This does not affect your statutory rights.
5. Force Majeure
We reserve the right to delay delivery or to cancel the order or reduce the volume of the goods ordered by you (without any liability to you) if we are prevented from or delayed in the carrying on of our business due to circumstances beyond our reasonable control including without limitation acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock out, strikes or other labor disputes (whether or not relating to either party’s work force), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials Provided that if the event in question continues for a continuous period in excess of 14 days, you shall be entitled to give us notice in writing to terminate the order.
In the event that any clause in this contract is deemed to be unenforceable, the enforceability of any other part of these conditions will not be affected.
These terms and conditions cannot be varied except in writing signed by an authorized person at testkitmart.com.
Third Party Sites
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES AND PROVINCES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.