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TERMS OF SALE
REALBUY MERCHANTS INC.
OVERVIEW
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF OF SALE BEFORE ACCESSING, USING, OR PLACING AN ORDER OVER only-buy.com. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Your use of only-buy.com, including any sub domains thereof, affiliated websites, and mobile applications (collectively, the “Website”), which are owned and maintained by REALBUY MERCHANTS INC. (“RBM Inc,” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, products and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By accessing, using, or placing an order over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 16 BELOW WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.
You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.
TERMS AND CONDITIONS OF USE AND SALE
- WEBSITE USE
By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Website, you are affirming that you have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
- PRIVACY & SECURITY DISCLOSURE
Our privacy policy may be viewed on the Privacy Policy page. The Privacy Policy is hereby incorporated into these Terms by reference and constitute a part of these Terms. REALBUY MERCHANTS INC. reserves the right to modify the privacy policy at its sole discretion.
- GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.
You agree not to use or attempt to use the Website or any products or services in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.
- PRODUCTS SOLD FOR PERSONAL USE ONLY AND AS PART OF A HEALTHY LIFESTYLE
You agree that any products or services you purchase from REALBUY MERCHANTS INC. and/or our Website will be used for your personal, non-commercial use. You agree that you will not resell, re-distribute, modify, or export any product that you order from the Website.
- MODIFICATIONS TO THE WEBSITE AND PRICES
We reserve the right at any time to modify or discontinue access to the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of access to the Website. Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Shipping and Returns Policies.
We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this Website is void where prohibited.
- PAYMENT
All charges are in U.S. Dollars. We accept credit and debit cards from Visa, MasterCard, American Express, and Discover.
When placing an order online, you will need:
- The address the card’s statement is sent to (billing address);
- The card number and expiration date; and
- The 3 or 4 digit code found only on the card (CVV2 code).
By submitting credit card information or other payment information to us, you represent and agree that: (i) you are fully entitled to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any credit card fees; and (iv) that sufficient funds exist to pay us the amount(s) due.
We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly. Your credit card issuer may give you the right to opt-out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt-out of your credit card’s updating service, you should contact your credit card issuer.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.
- ORDER PLACEMENT AND ACCEPTANCE
Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to accept or deny shipment to anyone for any reason. In the event we deny your order, you will receive a refund to your original form of payment. You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any service or product. We reserve the right to require additional information before processing any order.
- SUBSCRIPTIONS
The cost of subscribing to the Service amounts to $29.99 including tax per month, or $75 per quarter, or $79.99 semi-annually depending on the subscription plan chosen by the Subscriber at the time of subscription.
Welcome offers and Discovery access
The Company regularly offers “ Welcome Offers ” as part of its commercial policy.
These offers, reserved for new Subscribers, allow Subscribers to subscribe to the Service while benefiting from “ Discovery Access ” to the Site for a period of 72 hours at the price of one US dollar.
Payment of the Discovery Access price does not entitle you to payment of a Subscription Credit.
At the end of this 72-hour period, in the absence of termination by the Subscriber, the first installment of the Subscription of $29.99 (i.e. $75 per quarter) will be due and the Subscription will take effect from full rights. This is also applicable to the semi-annual subscription of $79.99 that is not automatically renewable.
To benefit from the Welcome Offer, the new Subscriber must take out the subscription and pay the sum of $1.
Subscriptions – Renewal and Cancellation Terms.
If you go to the Website to purchase a product, you may have the option of buying a product one time, or purchasing a subscription. If you purchase a subscription, it is automatically billed every thirty (30) days for monthly subscriptions or every ninety (90) days for quarterly subscriptions to the credit card you provided when you purchased the subscription until you cancel the subscription. We may use an account updater to automatically update your credit card information in the event it changes, in which case, your renewal will be billed to the updated account information. If you wish to cancel your subscription, you may do so at any time, however, you must cancel your subscription twenty-four (24) hours prior to your next subscription cycle begins in order to not to be billed for the new subscription period. Cancellations are not refunded on a pro-rated basis. To cancel your subscription, simply email us at contact@only-buy.com.
If you decide to purchase the semi-annual subscription, it will not be automatically renewed and your subscription will automatically end after one-hundred-eighty (180) days. You can repurchase the same subscription at any time to renew it for another 6 months.
- PURPOSE OF THE SERVICE
a. Access to the Product catalogue and orders
In return for subscribing, Subscribers have unlimited access to the possibility of placing an order in the entire catalogue of Products listed on the Website, and benefit, where applicable, from the reductions that it offers. Delivery charges are waived to all Subscribers.
Access to the Product catalogue is UNLIMITED, and Subscribers can place as many orders as they wish for the duration of the subscription.
Delivery costs are displayed when proceeding to the checkout for non-members.
Each month, Subscribers are invited to check the Product catalogue in their Subscriber account on the Website.
PLEASE NOTE: SUBSCRIBERS ARE BILLED MONTHLY (OR EVERY 3 MONTHS) FOR THE SUBSCRIPTION, WHETHER OR NOT THEY HAVE TAKEN ADVANTAGE OF THEIR SUBSCRIPTION BY PLACING ONE OR MORE ORDERS. THIS IS APPLICABLE FOR MONTHLY AND QUARTERLY SUBSCRIPTIONS ONLY.
The products offered may vary from month to month.
The photographs of the Products appearing on the Website are not contractual.
b. Use of Subscription Credits
In addition to the Product catalogue access, Subscribers receive after each Subscription payment a number of “Subscription Credits” equivalent to the sum in Dollars ($) of the monthly Subscription payment, rounded up to the next whole number.
The customer’s account reflects the balance of Subscription Credits.
Subscription Credits can be used to pay for Products purchased in the catalogue listed on the Website, up to one credit for one dollar (1 credit = 1 dollar).
PLEASE NOTE: EACH CREDIT EXPIRES 60 DAYS AFTER THE PAYMENT DATE, WHETHER OR NOT THE SUBSCRIBER HAS USED IT TO PLACE ORDERS.
- SHIPPING AND RETURNS
REALBUY MERCHANTS INC. ships to addresses located in the United States and internationally via USPS. Orders generally ship within 3-5 business days of the time of placement. Domestic orders typically arrive within 7-10 business days. Delivery time for international orders varies based on location.
Accurate shipping address and phone number are required. We are not responsible for late shipments/missing shipments if you enter incorrect shipping address information. If you discover that you have made a mistake with your order after it has been submitted, please contact Customer Support immediately by email (contact@only-buy.com) You must contact us as soon as possible in order to modify or cancel your pending order.
- DELIVERY CONFIRMATION
Because many instances may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the card holder, even without a signature.
- DISCLAIMER OF WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS PROVIDED ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- DISCLAIMER OF LIABILITIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL REALBUY MERCHANTS INC. OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR A THIRD-PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER REALBUY MERCHANTS INC. HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, IS FOUND LIABLE UNDER ANY THEORY, REALBUY MERCHANTS INC. LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER REALBUY MERCHANTS INC. WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
- DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION AND CLASS ACTION WAIVER PROVISION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH REALBUY MERCHANTS INC. AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.
YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US AT REALBUY MERCHANTS INC. 614 East 9th Street, Apt. 3E, New York NY 10009, United States. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE PRODUCT. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
- INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless REALBUY MERCHANTS INC., its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.
- THIRD-PARTY WEBSITES AND LINKS
Our Website may include materials from third-parties or links to third-party websites. We are not liable for any third-party materials or websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
- TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
REALBUY MERCHANTS INC. may use testimonials and/or product reviews in whole or in part together with the name and state/country of the person submitting it. Testimonials may be used for any form of activity relating to REALBUY MERCHANTS INC. products, in printed and online media, as REALBUY MERCHANTS INC. determines in its absolute discretion. Testimonials represent the unique experience of the customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our products. As noted in Section 4 above, your results will vary depending upon a variety of factors unique to you, such as your age, health, and genetics.
Anything that you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
Additionally, REALBUY MERCHANTS INC. reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. REALBUY MERCHANTS INC. shall be under no obligation to use any, or any part of, any testimonial or product review submitted. If you submit a testimonial, you are confirming that you have read, understood and agree to these Terms. If you disagree with any part of these Terms, do not submit a testimonial.
- ELECTRONIC COMMUNICATIONS
You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
- ASSIGNMENT
You may not assign any of your rights under these Terms, and any such attempt will be null and void. REALBUY MERCHANTS INC. and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of REALBUY MERCHANTS INC. business is transferred to another entity by way of merger, sale of its assets or otherwise.
- NO WAIVER
No waiver by REALBUY MERCHANTS INC. of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by REALBUY MERCHANTS INC. to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
- NO AGENCY RELATIONSHIP
No joint venture, partnership, employment, or agency relationship exists between you and us as a result of you receiving a product from us or from using this Website.
- SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
- TERMINATION
In the event that we terminate this Agreement, Sections 2-5, 13-17, 19-25, 27, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.
- ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and REALBUY MERCHANTS INC., and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
©2022-2023 REALBUY MERCHANTS INC.
