Terms of Sale | CASIO

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TERMS OF SALE

PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE PURCHASING ANY PRODUCTS FROM THIS SITE

This document sets forth the terms and conditions (the “Terms”) governing all agreements between a site user (“you” or “Buyer”) and Casio Inc. (“Casio” or “Seller”) for the purchase and sale of any of the products advertised for sale (the “Products”) on this web site (the “Site”). Your placement of an order is construed as an offer to purchase Products, and indicates your assent to these Terms. Casio’s acceptance of your offer to purchase Products is expressly made conditional upon your assent to these Terms. Any terms proposed by you that add to, vary from, or conflict with these Terms are hereby objected to and shall be void. Casio reserves the right to make changes to this Site and these Terms at any time. Your individual purchases will be governed by the Terms that were posted on this page as of date you placed your order. However, we may change these Terms from time to time, and when we do, we will post them on the Site. It is your responsibility to review the Terms each time you make a purchase from us. If you do not agree to these Terms, do not make any purchases of Products on this Site.

1.     Privacy Statement. Our Privacy Statement, which is incorporated into these Terms by reference, governs your submission to and our use of personal information through this Site. By submitting your personal information to us in connection with your order, you consent to us processing (either directly or through third-party service providers) your information to fulfill your order and in accordance with our Privacy Statement. To view the applicable Privacy Statement, visit here.

2.     Your Obligations and Representations. This Site is not targeted or aimed at children or to other individuals who do not have the legal capacity to contract. By placing an order, you represent that you have the legal capacity to contract in the state or country of your residence. If you are placing an order on behalf of a third party, you represent that you have the authority to act on that party’s behalf and your acceptance of these Terms constitutes that third party’s acceptance.

You represent that you will comply with all applicable laws and regulations, including export and import regulations. You agree that you are not purchasing the products or services for export, re-sale, transfer, or use in violation of any applicable laws, including without limitation U.S. Export Administration Regulations or applicable U.S. sanctions and embargoes administered by the U.S. Treasury Department. You further agree that you will not use them for any illegal or unauthorized use.

You agree that the information you provide in connection with your purchase, including your physical address, email address, and payment information, is complete and accurate. You represent that you are authorized to charge and initiate a payment via the payment method you designate for your purchase.

3.     Placing an Order. When we offer products and services for sale on this Site, we are inviting you to make an offer to buy the products and services shown. When you place an order by clicking or activating the appropriate button or hyperlink on the Site, you are making us a legally binding offer to buy the products and services you have selected on these Terms.

We accept your offer only when we have received approval by your chosen payment method and when we have shipped your product or otherwise made it available to you. Order submission does not guarantee Casio will be able to fulfill the order. We may reject your order without liability if we are unable to process or fulfill it. If you order is canceled or rejected, we will refund any prior payment that you have made for that item.

Any system generated order confirmation we send when you complete your order is an acknowledgement of your offer only and is not an acceptance of your offer, which is subject to correction before shipment of your physical products.

By placing an order, you are consenting to our use of electronic communications related to your transaction and the electronic delivery of notices, policies, and records of the transaction.

You agree that we may keep pertinent contract records, including communications and acknowledgements, as permitted by law.

4.     Price and Delivery. Casio online shopping, Products, and prices are offered to United States residents only. Price and delivery terms are FOB Casio shipping origin. Upon Casio’s delivery of the Products to the carrier at the FOB point, title and risk of loss and damage to the Products shall pass to the Buyer. All prices are subject to change without notice. Casio reserves the right to make adjustments to the price of all Products due to changing market conditions, Product discontinuation, manufacturer price changes, errors in advertisements, and other extenuating circumstances. Prices for particular purchases will be those in effect at the time of shipment. Casio may make delivery in installments and receive payments for each installment. All delivery dates are estimated. CASIO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES FOR CASIO’S FAILURE TO FILL, OR DELAY OR ERROR IN FILLING ANY ORDER, OR FOR ANY DELAY IN DELIVERY. Out of stock items will be deleted from the order after confirmation from you. These items may be placed on back order if requested.

5.     Shipping Information. Casio ships Products within the continental United States, Alaska, Hawaii, and Puerto Rico. All orders require one (1) to (2) days of processing time. For more information, please refer to the details for selecting shipping at checkout. Please note, a signature is required on all orders totaling over $300.00.

6.     Payment and Taxes. Casio utilizes Block to process payments on the Site. Purchases can be made using American Express, Discover/Novus, MasterCard, Visa, and JCB credit or debit cards, as well as Apple Pay and Google Pay. Cards not issued by a United States banking institution will not be accepted. For more information on accepted payment methods from Block, visit here. For your protection, we always verify that your information is correct. Therefore, we cannot accept credit cards from banks that do not allow address verification over the Internet. Please refer to your card holder agreement for all rules and regulations pertaining to your card. Payment will be debited from your account immediately following notice of the dispatch of your purchase. You confirm that the credit/debit card that is being used is yours. We use third-party service providers to process and authorize your payment. By placing an order, you are authorizing us and our third-party service provider(s) to charge you for your purchase using your selected payment method. Casio will take all reasonable care to keep the details of your order and payment secure, but in the absence of negligence by Casio, Casio will not be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from this Site.

The price that is shown on the shopping cart is the amount you will be charged, plus applicable sales tax and shipping charges. State laws require companies to collect sales tax from residents shipping merchandise to states where the company transacts business. Casio collects state and local sales tax where applicable. Where applicable, Buyer will provide Casio with an exemption certificate in form and substance satisfactory to the relevant taxing authorities. If you are tax exempt, please call 1-800-836-8580 to place your order. A copy of your Consumer Certificate of Exemption needs to be faxed to Casio at 973-537-8934.

7.     Additional Terms. Prior to completing your purchase, carefully read any additional terms and conditions that are presented to you. Do not complete the sale if you do not agree to those terms. Where additional terms are delivered with your product or service, you must review them immediately. If you do not agree to those terms, you must not use the product or service and contact customer service to begin a return.

8.     Return Policy. Casio Products come with a 30-Day Money Back Guarantee. If, for any reason, you are not completely satisfied with your purchase, you may return the Product within thirty (30) days to Casio and obtain a full refund of the original purchase price of the merchandise, excluding shipping and handling charges. Before returning a Product, you must first obtain a return merchandise authorization (“RMA”) number from Casio. Buyer may then return the Product, freight prepaid, in its original shipping container, with the RMA clearly marked on the outside of the packaging. Buyer shall enclose the complete accessories such as documentation, cables. Buyer shall bear the risk of loss or damage to the Product during such shipment. Returns and replacements are also subject to the following terms: (1) Shipping and handling charges are not refundable; (2) You are responsible for all freight charges involved in returning and replacing items; (3) Certain items, including, but not limited to, all opened software, special order items, and items specifically noted with ‘NO RETURNS’, cannot be returned; and (4) Non-defective returns and refused shipments are subject to a 5% restocking charge.

9.     Warranty. Each Product is subject to the terms of the limited warranty that is expressly stated on, packaged with, or accompanies the Product. Unless otherwise provided in the applicable Product limited warranty, the Product purchased online is eligible for warranty service only within the United States. For the warranty applicable to a specific Product, please visit Service & Support on this Site and click on the specific Product for additional warranty and support information. NO WARRANTIES ARE PROVIDED HEREIN IN ADDITION TO ANY WARRANTIES THAT MAY APPLY TO A PARTICULAR PRODUCT, AND UNLESS OTHERWISE SPECIFIED IN A WARRANTY FOR A PARTICULAR PRODUCT, ALL PRODUCTS ARE SOLD “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

10.  DISCLAIMER. IN NO EVENT SHALL CASIO BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF ANY DEFECT OR FAILURE OF THE PRODUCTS, BREACH OF ANY EXPRESSED OR IMPLIED WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF CASIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Notwithstanding any other provision hereof, in no event shall Casio’s total liability relating to or in connection with any Products whether based on contract, warranty, tort (including negligence), strict Product liability or otherwise, exceed the actual amount paid to Casio by Buyer for the Product(s) giving rise to the liability. In no event shall Casio be liable for the costs of procurement of substitute good or services.

11.  Remedy: In the event that a Product purchased under these Terms fails to perform as warranted, Buyer’s exclusive remedy, and Casio’s sole liability therefore, shall be, at Casio’s option, the repair or replacement of any defective Product or return of the purchase price. A Product repaired or replaced under warranty will be further warranted only for the remainder of the warranty period. Repair parts and replacement Products will be either reconditioned or new. If a Product is found not to be defective or the defect is not covered by the warranty, Buyer will be responsible for the reasonable and necessary costs of Casio testing and repair at then current rates. Casio accepts no liability with respect to any software or data contained in any Product or part returned to Casio for repair or replacement. Buyer agrees that the disclaimers and liability limitations contained in these Terms shall remain in effect even if an exclusive remedy is determined to fail of its essential purpose.

12.  Indemnification. To the fullest extent permissible under applicable law, you agree to indemnify and hold Casio, its affiliates and subsidiaries, and each of our officers, employees, agents, partners, content providers, service providers, suppliers, and licensors (collectively “Released Parties”) harmless from any and all claims, liabilities, costs, losses, and expenses, including reasonable attorneys’ fees, arising from (1) your purchase of products and services made available through this Site; and (2) your fraudulent or deceptive acts or omissions, or breach or violation of law, including infringement of any IP claim or breach of these Terms.

13.  Arbitration ProvisionWe hope that you are completely satisfied with the purchase of your product or service. We will make every reasonable effort to resolve any disagreements that you have with us. However, if we are unable to resolve any dispute that arises in connection with your transaction, this Site, or these Terms to your satisfaction, these Terms govern the dispute resolution process.

Any claim, dispute, or controversy you may have against us arising out of, relating to, or connected with this Site or your transaction shall be resolved exclusively by binding arbitration by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable) and as amended by these Terms (“Arbitration Rules and Procedures”).

The AAA’s Rules, and a form for initiating arbitration proceedings, are available at the AAA’s website located at http://www.adr.org.

This section applies to all consumers to the fullest extent allowable by law. The disputes governed by this Section include without limitation (1) claims arising out of or relating to any aspect of the relationship between you and us; (2) claims that arose out of your use of the Site; and (3) claims currently the subject of a purported class action litigation in which you are not a member of a certified class.

However, the dispute resolution procedure specifically does not apply to (1) a claim relating to the enforcement or validity of your or our intellectual property rights; or (2) a claim relating to an allegation of theft, piracy, or unauthorized use.

You agree that: (1) the arbitrator shall apply New Jersey law consistent with the Federal Arbitration Act and applicable statutes of limitations, including principles of equity, and shall honor claims of privilege recognized by law; (2) the arbitrator shall not be bound by rulings in prior arbitrations involving us, but is bound by rulings in prior arbitrations involving both you and us to the extent required by applicable law; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

You and Casio agree that (1) each party can only bring claims against the other on an individual basis and there shall be no authority for any claims to be arbitrated on a class or representative basis; (2) arbitration can decide only your and/or Casio’s individual claims, and the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s); and (3) the arbitrator may not consolidate or join claims of other persons or parties who may be similarly situated and may not otherwise preside of any form of a consolidated, representative, or class proceeding.

Except as specified in the paragraph immediately above, if any part of this Arbitration Provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Arbitration Rules and Procedures established by the AAA, then remaining provisions of the Arbitration Provision will not be affected and will be enforced to the fullest extent of the law.

14.  General.

a.     Notices. Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically on this Site by Casio. Notices shall be deemed to have been properly given: (1) on the date deposited for postal mail; (2) on the date first made available, if displayed on this Site; or (3) on the date received, if delivered in any other manner. Notices to you may be sent to any of the addresses provided by you on any form on this Site. Except as expressly directed otherwise by Casio herein or elsewhere on this Site, notices to Casio should be sent to: Casio America, Inc., 570 Mt. Pleasant Avenue, Dover, NJ, USA.

b.     Force Majeure. Seller shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of nature, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late deliveries by suppliers or other difficulties which are beyond the control, and without the fault of Seller. Quantities are subject to availability. In the event of production difficulties or Product shortages, Seller may allocate sales and deliveries at its sole discretion.

c.     Substitutions and Modifications. Seller reserves the right to substitute or change materials, parts, Product specifications or functional attributes at any time without notice. Seller also reserves the right to ship Product in multiple boxes and/or shipments.

d.     User Rights to Software. Any software included with the Product is protected by copyright law and/or international treaty provisions. Rights relating to a particular software program are listed in the license agreement document provided by the owner(s) of the software that is included with the Product.

e.     United States Government License Rights. United States Government license rights in the Product(s) are limited to those mandatory rights identified in DFARS 252.227-7015 (b).

f.      Governing Law; Jurisdiction; Costs. These Terms are governed by the laws of the State of New Jersey, without regard to its conflict or choice of law provisions. Buyer acknowledges and agrees that New Jersey is an appropriate place for venue of any litigation and that New Jersey courts have jurisdiction over this agreement and Buyer. In the event the Buyer and Seller are unable to resolve any dispute, and any collection action, suit or other judicial proceeding is commenced, the prevailing party in any such collection action, suit or judicial proceeding shall be entitled to recover its costs and reasonable attorneys’ fees incurred.

g.     Assignment. Buyer may not assign its rights or obligations hereunder without the express prior written consent of Seller.

h.     Entire Agreement. These Terms constitute the entire agreement with regard to purchases on this Site and expressly supersede and replace any prior or contemporaneous agreements, whether written or oral, relating to said purchases, including any terms and conditions on any of Buyer’s documents or purchase orders. This agreement shall be binding upon the heirs, successors and assigns of the parties hereto.

i.      No Waiver. The failure of Casio to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.

j.      If any provision hereof is adjudged to be invalid, void, or unenforceable, the parties agree that the remaining provisions hereof will not be affected thereby, that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and that these Terms for this Site will in any event remain valid and enforceable.

Copyright © 2003-2022 CASIO AMERICA, INC. All rights reserved. CASIO AMERICA, INC., 570 Mt. Pleasant Avenue, Dover, NJ, USA.

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