Terms and Conditions
Ecobattenergy.com Terms and Conditions of Sale
Considerations for National Account Customers
As a Ecobatt Energy® National Account Customer, you ("NA Customer") agree that all products and services NA Customer purchases through the Ecobatt Energy® website or any Ecobatt energy® store will be subject to the terms and conditions referenced below and will specifically overrule any additional or conflicting terms or conditions contained in any NA Customer purchase order or other communication.
Standard Terms and Conditions
These standard terms and conditions are effective respecting all sales by Ecobatt Energy, on its website "Ecobattenergy.com" ("Seller") and are binding on all Ecobatt Energy® customers ("Buyer"). These terms supplement Seller's form order confirmation generated in response to Buyer's online order for Product (each individually or collectively, the "Order Confirmation").
1. AGREEMENT. The term "Agreement" means these standard terms and conditions, as supplemented for each transaction solely as to the Product(s) description, quantity and price for the Product(s) described in Seller's Order Confirmation. The Seller objects to and will not otherwise be bound by any additional or different terms, whether printed or otherwise, in any Buyer's purchase order or in any other communication from Buyer to Seller.
2. PRODUCT. The term "Product" means any and all goods sold by the Seller.
3. TERMS OF PAYMENT. Payment will be by credit card at time of order. In addition to payment of the price for the Product, Buyer also will pay all taxes applicable respecting the purchase of the Product. Tax exempt organizations seeking tax exempt transactions must obtain Seller's approval in advance and submit requested documentation. Buyer is responsible for all applicable shipping and handling costs.
4. SHIPPING/DELIVERY. Shipping and delivery dates are not guaranteed. Shipping dates are estimated on the basis of Seller's immediate receipt of all information Buyer must furnish and the absence of delays, direct or indirect, resulting from or contributed to by circumstances beyond Seller's reasonable control. Seller will in good faith endeavor to meet estimated shipping dates, although either party will have the right to cancel backordered Product(s). Seller reserves the right to make multiple shipments to fulfill an order. Seller reserves the right to withhold delivery of the Product(s) or cancel an order for Product(s) if Seller has reasonable belief that the Product(s) will be used for improper or unlawful purpose or activity or if a transaction appears fraudulent. Seller will not be liable for any damages or losses arising out of or resulting from any delay in delivery of Product.
5. RISK OF LOSS. Unless Seller or Seller's designated carrier expressly agrees in writing to other terms following acceptance of Buyer's online order for Product, Buyer assumes all risk of loss of Product upon Seller's delivery of Product to Buyer's designated address. Notwithstanding this allocation of the risk of loss, the Product remains subject to Seller's right to reclaim and stop the Product in transit.
6. WARRANTIES AND LIMITATIONS OF LIABILITY. Seller warrants that all Products will be substantially free of defects in material and workmanship for a period of time as designated in Seller's then current warranty table found in the "Warranty" section of the "ecobatt-energy.com" website; beginning on the date Buyer receives the Product. This warranty is void if the Product is modified (e.g., used in custom pack assemblies), misused, altered, tampered with or are installed or use in connection with life sustaining or other medical or aviation equipment or purposes or otherwise in a manner that is inconsistent with applicable specifications. ALL OTHER WARRANTIES EXPRESS OR IMPLIED, WHETHER ORAL, WRITTEN OR IN ANY OTHER FORM, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED. Seller is not liable for special, indirect, incidental or consequential damages, including loss, damage, personal injury, or any other expense directly or indirectly arising from the use of or inability to use the Products, including loss of data. The sole and exclusive remedy under this limited warranty is limited to, at Seller's option, Seller's repair or replacement of the defective Product or a refund of or account credit for the then-current purchase price for the Product.
7. RETURN POLICY. Buyer must inspect the Product upon delivery. If Buyer believes any Product is non-conforming or was shipped to Buyer in error, Buyer may reject the Product only by written notice to Seller. Buyer, at Seller's election, must return any defective Product to Seller, properly dispose of the defective Product, or make the Product available to Seller or its agents for inspection at Buyer's place of business, if applicable. Buyer must request return authorization from Seller prior to return of any Product. Buyer must provide such other information as Seller may reasonably request as to any defective Product(s). Seller's liability for non-conforming Product will not exceed the price of the Product. Seller will not be liable on any claim for non-conforming Product which is not made within fourteen (14) days after Buyer has received Product. Buyer must return Product to Seller, if requested, within 45 days of receiving the Product. Returns that do not meet these requirements may not be accepted or may be subject to a return fee. See the "Return" section of the "ecobatt-energy.com" website for additional detail regarding Seller's return policy.
8. INDEMNIFICATION. Buyer will indemnify, defend and hold Seller and its corporate parents and other affiliates and their respective officers, directors, stockholders, members, insurers, attorneys, employees, agents, successors, predecessors, assigns, heirs and personal representatives harmless against any and all liability, claims, suits, actions, losses, liabilities, damages, costs and legal fees arising out of or related to: (i) any alleged or actual breach or non-satisfaction by Buyer or, if applicable, any of its employees, authorized representatives or advisors of any of Buyer's warranties, representations, covenants or obligations in this Agreement, (ii) any actual or alleged breach of warranty, representation, action or activity any Buyer which is in addition to or otherwise conflicts with Seller's limited Product warranties to end users or other third parties, and (iii) any other claims of any nature that any Products have caused or contributed to bodily injury or death or damage to real or personal property, excluding claims solely arising out of defective or non-conforming Product.
9. FORCE MAJEURE. Seller's failure to deliver Product due to circumstances beyond its reasonable control including acts of God, fire, flood, war, labor disturbances, Seller or raw material shortages and governmental regulation will not constitute an event of default or breach of this Agreement. Seller will promptly notify Buyer of any such delay and its cause.
10. SUCCESSORS AND ASSIGNS. All provisions of this Agreement will be binding on and benefit the parties hereto, and their successors, assigns and legal representatives, except that Buyer may not assign or otherwise transfer this Agreement without Seller's prior written consent. Any assignment, delegation or transfer in violation of this provision will be void.
11. GOVERNING LAW AND DISPUTE RESOLUTION. This Agreement is governed by and construed under the laws of the Kingdom of Cambodia without reference to Cambodia choice of law rules. Subject to Seller's right to seek injunctive relief as stated below, any dispute, claim or controversy arising out of or related to the Parties involving the interpretation of this Agreement will be resolved by binding arbitration in Phnom Penh, Cambodia under the Cambodia Arbitration Association Dispute Resolution Procedures in effect at the time of arbitration. Buyer acknowledges and agrees that Seller may have no adequate remedy at law if Buyer breaches this Agreement.
12. MISCELLANEOUS.
a) The Agreement may be modified or terminated only upon Seller's written consent.
b) This Agreement represents the entire agreement between the parties and supersedes all prior agreements, understandings, negotiations and discussion of the parties. There are no warranties, representations or agreements among the parties related to the same subject matter, except as expressly stated herein.
c) Seller may, in its discretion, cancel an order or withdraw delivery if Buyer fails or cannot comply with this Agreement and/or the terms of the Order Confirmation.
d) If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction (in whole or in part), the remainder of this Agreement will remain in full force and effect and will not be affected, impaired or invalidated.
e) Failure of Seller to insist upon performance of any provisions of this Agreement or to exercise any right or privilege hereunder will not be construed as a waiver or relinquishment of the future performance of any such term or condition or the future exercise of such right.
13. PRIVACY. EcoBatt Energy is committed to protecting your privacy. This policy describes our practices regarding personal and account information collected by EcoBatt energy (“we,” “us,” “our,” “EcoBatt Box” or, “EcoBatt Energy”) at our stores, online at ecobatt-energy.com (Site or web site) and via mobile applications (i.e. EcoBatt Energy accessed through your mobile devices).
By using the EcoBatt Energy website or any of our applications, products, services, features, tools, or resources you agree to the terms of this Privacy Policy and our Terms/Conditions of Use.
This Privacy Policy, along with our Conditions of Use governs your use of the EcoBatt energy Cambodia website at https://www.ecobatt-energy/ (“Site”) and any other links through social media platforms such as Facebook or Twitter, as well as the use of our mobile application. For the purposes of this Privacy Policy, we will refer to all of these access points as the EcoBatt Energy Cambodia system (“System”).
In this policy, "personal and account information" means your name, company name, account number, address, telephone number, and e-mail address plus other information that may personally identify you ("personally identifiable information"), including your industry, the number of employees at your company, and purchase history.
We reserve the right to modify this Privacy Policy from time to time. Each version of our Privacy Policy is marked with a version number and effective date. We recommend that you visit our web site periodically to review any changes to this Policy. Your access of and use of our web site means you agree to the terms in this Policy.
How much information must I share?
The amount and type of information we collect from you depends on your in store and online activities and use of our web site. Below, we explain what information we collect.
When you browse our web site
Generally, you may visit this Site without providing EcoBatt Energy cambodia or its affiliates with any personally identifiable information. Information collected by us is voluntarily provided by you and may include information such as your name, address, email, phone number and other contact information. We may also collect other personally identifiable information that you choose to include in any communications that you send to us. We may use your personally identifiable information to respond to your requests for information and provide you with information. Our Site may also collect general information about your technology interface or preferences (such as the type of browser used or the files requested). Additionally, we may collect information regarding the websites you visit and other information, as described in this Privacy Policy.
We may use third-party vendors or social sites, such as Google AdWords or Facebook, to advertise to customers online for purposes of, including without limitation, initiating direct marketing programs on our behalf, data tracking, maintenance or development of our System, development of online products and services or customer service or new product development, or other contracted promotional opportunities provided to our users. These third-party vendors and social sites may display Batteries Plus Bulbs advertisements on other web sites based on user's internet usage. More specifically, these vendors use cookies to inform, optimize, and serve ads based on a user's past visits to the Site. Any information that these third parties collect via cookies is not linked to any personally identifiable information we collect or you provide on the web site. To learn about how to opt out of ad network interest-based advertising, click here
.We may transfer your personally identifiable information and other information that you submit on our Site to our offices, affiliates, and service providers. However, we can, and will ask our service providers to use, store and otherwise process your information in accordance with this Policy regardless of where it is transferred. We do not share your personally identifiable information with third parties, without your consent, except as described in this policy and to the extent required by law, in accordance with your instructions.
When you make purchases through our web site
We collect your name, address, and payment information (such as credit card number, expiration date and credit card verification code) to process your order. We may also collect your zip code to assist in finding whether a certain product is available at a store near you.
When you create an e-Account on our web site
We collect your user name, password, bill-to address, and email address. You can help us ensure your privacy by not sharing your user name or password.
When you subscribe to our email newsletter through our web site
We use your email information to deliver newsletters, company information, and promotions. Your email information may be used in conjunction with any purchases you make at ecobatt-energy.com to provide customized offers or promotions. You may opt out of future communications by clicking on the “unsubscribe” link in any communication received from us or by updating your account settings.
When you sign up for e-receipts in our stores
We collect your email address and the other information that you provide in order to provide you with an electronic receipt for your in store purchase.
When you communicate with us through our web site or in our stores
We collect your email address and the other information that you provide in order to respond to your communication. When you enter contests, participate in surveys, submit forms or applications, or register for other activities, we collect your name, email address and phone number, and the other information that is required for entry or participation or information relevant to your ability to purchase a franchise, which varies depending on the activity. Our business partners may co-sponsor contests on our site. If you enter one of these contests our co-sponsors may receive the information collected or may collect the information directly. In these situations, we will tell you who is collecting your information, how they may use it and how to contact them.
How is my personal and account information used?
We collect information about you in order to provide you with services and products and also collect information that is necessary for our Site to work properly. We use personal information about our users for a variety of purposes related to our business.
We may use your personal and account information to provide products or services you have requested, respond to a communication from you, contact you, and as otherwise described in this policy.
We may occasionally send you promotional, product or franchising information via regular mail, email, or other electronic channels, including ads on social media platforms. If you do not wish to receive promotional, product or franchising information, you may opt out of future communications by following the instructions in the communication.
In addition, in order to measure how we are doing and to better understand how we can improve our product offerings, we or one of our service providers or strategic partners may contact you by telephone or e-mail and solicit your participation in research. Your participation is voluntary.
If you become our customer, we may send you updates on important informati
