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These Terms and Conditions of Sale for QUAZAS sold Products, Software and online machine handling videos & audios (“Terms and Conditions of Sale”) apply to the purchase of our products (“Products”), Software (“Software”), online instructional videos (“E-Courses”) from the NEWGRASS LIMITED(QUAZAS) (“Quazas “we”, “our” or “us”) online store (“Quazas Store”).
BY SUBMITTING AN ORDER TO OFFLINE & ONLINE STORE FOR THE PURCHASE OF PRODUCTS, SOFTWARE, E-COURSES AND YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF SALE.
Quazas reserves the right at its sole discretion, to change, revise, add to, remove from and otherwise edit these Terms and Conditions of Sale, at any time by updating this posting. Any removal or changes, revisions or additions to these Terms and Conditions of Sale are effective at the time they are changed and updated. For this reason it is your responsibility and we encourages you to check these Terms and Conditions of Sale each time you make a purchase from our online Store.
1. Terms And Conditions Of Sale For Products, Software and E-Courses
- All orders for Products, Software and E-Courses from our Store are subject to our approval and acceptance, and we reserves the right to reject any order, in whole or in part, at Quazas’s sole discretion at any time before delivery to you. Reasons for rejections of orders include, but are not limited to, unsuccessful payment rejection, false payment rejection, out-of-stock Products or Software, technical, editorial and/or typographical error by us or unusually large or excessive quantities of Products, Software and/or E-Courses ordered.
- Our Store will confirm your order by a confirmation email, which will confirm the Products, Software or E-Courses(free to our reputable customers), order quantities, purchase price, shipping and processing charges and taxes, payment method (Bank transfer,Btc,MoneyGram, e.t.c if applicable) and shipping information, such as shipping address and signature required, if applicable, and estimated arrival. Notwithstanding the foregoing, your order shall not be deemed accepted by us until Quazas’s shipment of the Products or delivery of the Software or E-Course ordered. You should call,e-mail or chat Quazas’s customer support at the number listed on the confirmation email,livechat support or WhatsApp if any of the items listed are incorrect.
- You can only cancel an order for Products or Software by calling,e-mailing or chatting our customer support within 24 hours after placing the order and requesting that the order be canceled. After 24 hours time period, you cannot cancel your order. We reserves the right to cancel any order, in whole or in part, including without limitation, pre-orders or back-orders, at Quazas’s sole discretion. We will advise you of any canceled order by email. You may not cancel orders for E-Courses.
- For orders of Products or packaged Software, we will send an email advising that your order has shipped, and that email will include Products or Software shipped and tracking information for the shipment. Quazas may, on occasion, ship some, but not all, of the Products or Software ordered under a particular order. The rest of the Products or Software ordered under that order will either be shipped when available or canceled, at our sole discretion.
- Prices for Products, Software and/or E-Courses ordered are those in effect at the time of order, and do not include taxes and shipping and processing, if applicable. In addition to the prices specified, the amount of any sales, use, excise or other tax applicable to the sale of the Products, Software and/or E-Courses, and any applicable shipping and processing charges, will be added to your order total and are your responsibility.Quazas will state when handling freight related charges.
- Payment for orders may be made by Bank transfer,Btc,Ria,MoneyGram,e.t.c. Quazas Store rarely accepts card except in some special cases. We will receive payment authorization at the time the order is placed, and the credit card account will be charged for Products or packaged Software at the time the order is shipped and E-Courses at the time such Software or E-Courses are delivered. Payment will be charged at the time the order is placed. For backorder and preorder items, your payment will have to be made via bank transfer,btc,moneygram,ria,e.t.c when the Product or packaged Software order is shipped or E-Course is delivered, as the case may be, and PayPal will not be accepted as a method of payment for backorder and preorder items.
- E-Course purchases that are accessible via our owned website are not returnable or transferrable. There may be/may not be physical delivery of an E-Course package or E-Course media. Quazas will email you a redemption code, which will enable you to access the purchased E-Course on our website until the expiration date stated for such E-Course on our store. Your right and ability to access an E-Course ends on such expiration date for the particular E-Course. Your purchase of the E-Course shall be deemed completed and final upon our emailing of the redemption code. You may be required to register and create an account with our store in order to access the E-Course. Once your purchase of an E-Course and any required registration is complete, Quazas grants you a limited, revocable, non-transferable, non-exclusive license to view the E-Course for personal, non-commercial purposes only, which terminates on the expiration date for such E-Course. You acknowledge and agree that the E-Courses are Quazas’s copyrighted and trademarked intellectual property, and you cannot copy or otherwise reproduce any E-Course.
- We may, at our sole discretion and for any reason whatsoever, limit order quantities, including but not limited to, quantities for each individual order and/or each delivery address or billing address. Sales from our stores are intended for end user,firms,businesses,dealers,distributors,retailers and others.By submitting an order to our Store, you agree that you are either purchasing Products for resale, distribution, end usage with exception to Software or E-Courses excepted otherwise considered.
- We reserves the right at any time and without prior notice to change our prices and charges, Quazas’s policies and these Terms and Conditions of Sale. We further reserves the right without prior notice to discontinue the sale of any Products, Software or E-Courses, and to change any Products and Product specifications or Software and Software specifications.
- All deliveries of Products or packaged Software ordered from our store are subject to our store policy which is incorporated by reference in these Terms and Conditions of Sale. Please see our Store Shipping/delivery Policy for information concerning delivery of Products and Software ordered from our stores.
- All sales of Products, Software or E-Courses by the Quazas Store are subject to our store return policy,which is incorporated by reference in these Terms and Conditions of Sale. Please see our Store Return Policy for information concerning Product, Software and/or E-Courses returns and limitations.
- Any Products, Software or E-Courses made available for sale from the our stores(offline and on-line) are intended for sale and delivery world-wide.
- NEWGRASS LIMITED(QUAZAS) is not responsible for for incorrect information that is displayed on our Store as a result of interference with or malfunction of the internet or any computer equipment or software, neither are we responsible for any technical, editorial and/or typographical errors. If for any reason, at any time prior to delivery to you, the price for any item or any other charge displayed on our store is other than that intended by Quazas, then Quazas has the right in its sole discretion to cancel any and/or all orders placed at the unintended price.
You agree that these Terms and Conditions of Sale and all matters relating to your purchase of any Products, Software, E-Course from the Quazas will be governed by and construed in accordance with the laws of the of the United States,Ireland,Moldova,South Korea,New Zealand,Russia as such laws are applied to agreements entered into and to be performed entirely with the residents without regard to its conflict of laws principles.
IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR COUNTRY OF RESIDENCE.
4. Dispute Resolution; Informal Resolution and Formal Resolution by Arbitration/Class Action Waiver
You and Quazas each agree that any legal or equitable claim, controversy or dispute relating to or arising from the purchase of any Product, Software or E-Course from us or the interpretation, enforceability or applicability of these Terms and Conditions of Sale (collectively, a “Claim”) will be resolved as follows:
- Informal Resolution:
You and Quazas will first attempt to resolve any Claim informally. In the event that any Claim arises between you and Quazas, you or Quazas as the case may be, must send to the other a notice of Claim which indicates in writing the name, address and contact information pertaining to the Claim; the facts and any other relevant information pertaining to the Claim; and the party’s proposed resolution of the Claim. You must send any notice of Claim to us as follows: NEWGRASS LIMITED,”OUR DISPATCH ADDRESS” Attention: Arbitration Claim/Legal Department. Quazas will send any notice of Claim to you at the contact information that we have for you. You and Quazas agree to try to promptly resolve any Claim informally. In the event a Claim is not resolved within 60 days after either you or Quazas as the case may be, receives a notice of Claim from the other, you or Nikon can request arbitration. Notwithstanding the requirement to arbitrate all Claims, you may commence an individual Claim in small claims court in lieu of arbitration.
- Formal Resolution by Arbitration/Class Action Waiver:
READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION BEFORE A JUDGE OR JURY. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. In the event that you and Quazas do not resolve a Claim informally or in small claims court, the Claim shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the United states,Moldova,Ireland,South Korea,E.U Federal Arbitration Act.
The rules in arbitration are different. There is no judge or jury, and review is limited, but an arbitrator may award the same damages and relief to you individually as a court could, as it must honor the same limitations stated in these Terms and Conditions of Sale as a court would. Arbitration will be conducted under the JAMS Streamlined Arbitration Rules & Procedures (referred to as the “JAMS Rules”) and under the rules set forth in these Terms and Conditions of Sale. If there is a conflict between JAMS Rules and the rules set forth in these Terms and Conditions of Sale, the rules set forth in these Terms and Conditions of Sale will govern.
If you decide to initiate arbitration, Quazas agrees to pay the arbitration initiation fee and any additional required deposit required by JAMS to initiate your arbitration. You and Quazas each agree to pay the costs of the arbitration proceeding provided however that if you are a consumer you shall not be required to pay more than $1,300.00 of the fees or such amount as the JAMS Rules may later prescribe. All other fees, such as attorneys’ fees and expenses of travel to the arbitration, will be paid in accordance with JAMS Rules. The Arbitration will be held at a location near your place of residence if possible, unless you and Quazas both agree to another location or to telephonic arbitration. To initiate arbitration, you or Quazas must do the following things:
- Write a demand for arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered.
- Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: JAMS,As it will be instructed or guided.
- Send one copy of the Demand for Arbitration to the other party. You should send the Demand for Arbitration to Quazas as follows: NEWGRASS LIMITED(QUAZAS) “OUR DISPATCH LOCATION HANDLING YOUUR ORDER”,Attention: Arbitration Claim/Legal Department. Quazas will send any Demand for Arbitration to you at the contact information that Quazas has for you.
- Special Rules in the arbitration proceeding.
- The arbitrator has no authority to make errors of law and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any Federal or State court that has jurisdiction.
- Neither you nor Quazas shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity, or in any other proceeding in which either you or Quazas proposes to act in a representative capacity. THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. Accordingly, you and Quazas agree that the JAMS Class Action Procedures do not apply to our arbitration. A court may sever any portion of this dispute resolution provision if it finds such unenforceable, except for the prohibition on class, representative and private attorney general arbitrations.
5. Time frame to File Claims
You agree that you will assert any Claim within 1-2 months after the Claim arises, or such Claim will be barred.
6. Enforceability, Entire Agreement, and No Waiver
You agree that these Terms and Conditions of Use will be enforceable by us and our successors and assigns against you and your heirs, minors, successors, and assigns. You agree that if any provision within these Terms and Conditions of Use is found to be void or unenforceable, it will not affect the validity of the balance of these Terms and Conditions of Use, which shall remain valid and enforceable.
- Entire Agreement
These Terms and Conditions of Use and any additions, changes, edits or revisions made thereto by QUAZAS, constitute the entire agreement between you and Quazas and supersede in their entirety any and all written or oral agreements previously existing between you and Quazas.
- No Waiver
Neither these Terms and Conditions of Use nor any provisions hereof may be modified, waived, amended, supplemented or discharged except by a document in writing signed by NEWGRASS LIMITED(QUAZAS), or as otherwise permitted herein. The failure to enforce at any time any of the provisions of these Terms and Conditions of Use shall in no way be construed to be a waiver of such provisions, nor in any way affect the validity of these Terms and Conditions of Use or the right thereafter to enforce one or more of the provisions thereof. No waiver by either you or Quazas, whether expressed or implied, of any provision of these Terms and Conditions of Use and any additions, changes, edits or modifications made by Quazas, or any breach thereof, shall constitute a continuing waiver of such provision or a waiver of any other provision of these Terms and Conditions of Use.
7. Consumer Protection Notice; Exclusions and Limitations
If you are a consumer, the provisions in these Terms and Conditions of Use are intended to be only as broad and inclusive as is permitted by the laws of your country of residence. In any event, We reserves all rights, defenses and permissible limitations under the law of your country of residence.