TERMS OF SALE
Last updated on: May 17, 2022
THESE TERMS OF SALE ARE A LEGALLY BINDING DOCUMENT BETWEEN BUYER AND SELLER WHERE THE SELLER HAS MADE THE OFFER TO SELL THE PRODUCTS BY LISTING THE SAME ON THE WEBSITE AND THE BUYER HAS ACCEPTED SUCH OFFER OF THE SELLER BY AGREEING TO BUY THE PRODUCT SO OFFERED ON THE WEBSITE. THESE TERMS OF SALE WILL BE EFFECTIVE AND BINDING ON THE SELLER UPON SELLER’S ADVERTISING, EXHIBITING, AND CREATING A LISTING OF THE PRODUCT ON THE WEBSITE, AND SHALL BE EFFECTIVE AND BINDING ON THE BUYER UPON THE BUYER AGREEING TO PURCHASE THE PRODUCTS SO LISTED BY THE SELLER.
In these Terms of Sale, a User (whether the guest user or registered user) who purchases various Products (as defined below) from the Seller on the website located at the URL https://www.cybuy.me (the Website) is referred to as “Buyer” and the Seller is referred to as an individual or any legal entity who list, advertise, exhibit, offers to sell, make available, market, sale and deliver any Products through the Website to the Buyer (referred to as “Seller”). These Terms of Sale describe, inter alia, the terms of the offer for sale/sale, acceptance of offer for sale by Buyer, and the purchase of goods and services (“Products”) through the Website from the Seller. (“Payment method”) shall mean the mode of payment available on the website/app. These Terms of Sale also contain certain statements and disclaimers made by CyBuy Marketplace (“CyBuy Marketplace”) which shall be binding on Buyer and Seller, as the case may be. Sometimes both Buyer and Seller are collectively referred to as “You” with its grammatical variations and cognate expressions.
These Terms of Sale are subject to revision at any time and hence both Buyers and Sellers are requested to carefully read these Terms of Sale from time to time before listing any Product or before making any purchase of the Products. The revised Terms of Sale shall be made available on the Website. If such a facility is provided, You may determine when these Terms of Sale were last modified by referring to the “Last Updated” legend provided above.
You are requested to regularly visit the Website to view the most current Terms of Sale. It shall be Your responsibility to check these Terms of Sale periodically for changes and the Buyer should also check the Additional Terms of Sale of the Seller on the Product listing. You may be asked to provide Your specific consent to any updates in a specified manner before any further use of the Website and related services. If no separate consent is sought, Your continued use of the Website following such changes and modifications to the Website or these Terms of Sale will constitute Your acceptance of such changes or modifications.
1. Offer and Acceptance of the Product
- CyBuy Marketplace also respects the intellectual property rights of all entities. If you believe that your intellectual property rights have been violated in any manner, please email us at firstname.lastname@example.org.
- The availability of the Product under the offer to sell is subject to change without notice prior to the purchase of the Product by the Buyer. However, there may be circumstances where the Product may not be available to be delivered to the Buyer after the purchase transaction. In such an event, Seller may cancel or instruct CyBuy Marketplace to cancel such purchase transaction without any recourse to Buyer and without any liability to the Seller or to CyBuy Marketplace. If the Buyer’s order is so cancelled after the payment has been processed, the said amount will be reversed/remitted to the Buyer to the payment method provided by the Buyer for such reversal, or to the payment instrument of the Buyer from which payment was made, CyBuy Marketplace shall have the sole discretion to determine the mode of reversal from the above options.
- With respect to the sale of Product by Seller to the Buyer, the Seller hereby represents and warrants to the Buyer that:
- The seller has the right to sell the Products to the Buyer on or through the Website;
- Buyer shall have and enjoy quiet possession of the Products;
- Products shall be free from any charge or encumbrance in favor of a third party;
- Buyer shall be entitled to all the warranties and other collaterals applicable to the Product or as generally made available by the manufacturer or seller of the Product;
- The product shall meet the description and specifications as provided on the Website.
3. Pricing Information
- The Selling Price of the Product is subject to change without notice prior to the purchase of the Product by the Buyer. The Selling Price is provided on the Website on an ‘as is’ basis as provided by the Seller. Due to technical reasons, there may be errors in Selling Price which may be corrected by the Seller at any time and any acceptance of the offer of sale by the Buyer of the Products subject to such faulty Selling Price shall, subject to the discretion of the Seller, not be a valid acceptance and such transaction can be avoided by the Seller.
4. Delivery of the Product
- There are various delivery models for delivery of purchased Products to the Buyer, as decided by the Seller. The risk of any damage, loss, or deterioration of the Products during the course or delivery or during transit shall be on the Seller and not on the Buyer. Seller represents and warrants that the Products being delivered are not faulty and are exactly those Products which are listed and advertised by Seller on the Website and purchased by the Buyer and meet all descriptions and specifications as provided on the Website.
- The buyer’s shipping address and pin code will be verified with the database of the Website before a Buyer proceeds to pay for the Buyer’s purchase. In the event Buyer’s order is not serviceable by the Seller or the delivery address is not located in an area that is covered under the order confirmation form, the Buyer may provide an alternate shipping address on which the Product can be delivered by the Seller.
- Please note that there is no guaranteed dispatch time and any information about the dispatch time is estimated only and should not be relied upon as such. Therefore, time is not the essence of the bi-partite contract between the Buyer and the Seller for the purchase and sale of Product on or through the Website. However, the Product shall not be delivered to the Buyer unless the Buyer makes the payment for the purchase of the Product.
- Buyer shall be bound to take delivery of the Products purchased by the Buyer that are said to be in a deliverable state. Where Buyer neglects or refuses to accept the delivery of the Products ordered by the Buyer, the Buyer may be liable to the Seller for such non-acceptance and shall further be liable to CyBuy Marketplace for any loss of any fee or charges that CyBuy Marketplace and its third parties shall have earned from the Seller if such delivery or transaction should have been completed. Buyer acknowledges that such damages or loss to CyBuy Marketplace and its third parties are not consequential or indirect.
- The title in the Products and other rights and interest in the Products shall directly pass on to the Buyer from Seller upon delivery of such Product and upon full payment of the price of the Product. Upon delivery, the Buyer is deemed to have accepted the Products. The risk of loss shall pass on to the Buyer upon delivery of the Product.
5. Cancellation of transaction/orders
- Cancellation by Seller: There may be certain orders that Seller is unable to accept and has the right to cancel either by the Seller directly or Seller can instruct CyBuy Marketplace to cancel such order. Seller reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in the Buyer’s order being canceled include, without limitation, non-availability of the Product or quantities ordered by the Buyer or inaccuracies or errors in pricing information. Sellers may also require additional verifications or information before processing any order. All such cancellation shall be without any recourse to the Buyer and without any liability to the Seller or to CyBuy Marketplace. If the Buyer’s order is canceled, after the payment has been processed, the said amount will be reversed/remitted to the Buyer either to the payment method provided by the Buyer for such reversal or to the payment instrument of the Buyer from which payment was made. Dodge shall have the sole discretion to determine the mode of reversal from the above options. The above is the sole remedy of the Buyer and the sole liability of the Seller and the sole responsibility of CyBuy Marketplace for any cancellation of the purchase order by the Seller or otherwise other than by the Buyer.
- Cancellation by the Buyer: In case of requests for order cancellations, Seller reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Seller receives a cancellation notice and the order has not been processed, Seller may cancel the order and refund the entire amount to Buyer within a reasonable period of time. The seller will not be able to cancel orders that have already been processed by the Seller. Buyer agrees not to dispute the decision made by Seller and accepts Seller’s decision regarding the cancellation.
- Set-off of any benefits availed by the Buyer: In case the Buyer has availed any benefit under any marketing or promotions provided by CyBuy Marketplace in relation to the Product for which the order has been canceled by the Buyer or by the Seller, the Buyer agrees and authorizes CyBuy Marketplace to recover such benefits from the Buyer or set-off the same from any refunds to the Buyer.
6. Governing Law
- These conditions are governed by and interpreted following the laws of the United States, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country of residence. CyBuy Marketplace and yourself both agree to submit to the non-exclusive jurisdiction of the courts of the United States, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in the United States, or in the EU country in which you reside.
7. Disclaimer by CyBuy Marketplace
- CYBUY MARKETPLACE ROLE IS THAT OF AN INTERMEDIARY IN THE FORM OF AN ONLINE MARKETPLACE AND IS LIMITED TO MANAGING THE WEBSITE TO ENABLE SELLERS TO EXHIBIT, ADVERTISE, DISPLAY, MAKE AVAILABLE AND OFFER TO SELL THE PRODUCTS AND TO ENABLE BUYERS TO PURCHASE THE PRODUCTS SO OFFERED, AND OTHER INCIDENTAL SERVICES TO FACILITATE THE TRANSACTIONS BETWEEN SELLERS AND THE BUYERS. ACCORDINGLY, THE CONTRACT FOR THE SALE OF ANY OF THE PRODUCTS SHALL BE A BIPARTITE CONTRACT BETWEEN THE SELLER AND THE BUYER. AT NO TIME SHALL THE WEBSITE HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF SUCH CONTRACT NOR SHALL THE WEBSITE HOLD ANY TITLE TO THE PRODUCTS. THE TITLE TO THE PRODUCTS AND OTHER RIGHTS AND INTERESTS IN THE PRODUCTS SHALL BE DIRECTLY PASSED TO THE BUYER FROM THE SELLER.
- THESE TERMS OF SALE SHALL NOT AMEND OR MODIFY ANY AGREEMENTS, CONTRACTS, TERMS OR POLICIES BETWEEN THE BUYER OR SELLER ON ONE HAND AND THE WEBSITE ON THE OTHER HAND.
- THE WEBSITE DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT (INCLUDING BUT NOT LIMITED TO PRODUCT CATALOGUES) OFFERED BY SELLERS ACCESSIBLE THROUGH THE WEBSITE OR ANY LINKED SITES. THE WEBSITE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, THE SELLER OR ANY SUCH THIRD PARTIES, THEIR PRODUCTS INCLUDING REPRESENTATIONS RELATING TO MERCHANTABILITY, FITNESS OF A PRODUCT OR SERVICE FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. ANY TRANSACTIONS THAT BUYER MAY HAVE WITH SUCH THIRD PARTIES ARE AT BUYER’S OWN RISK. THE PRODUCTS SHALL BE SUBJECT TO SELLER’S TERMS AND CONDITIONS FOR WARRANTY, SERVICE AND MAINTENANCE, AND THE WEBSITE DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. THE WEBSITE ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY THE BUYER.
- THE WEBSITE SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ILLEGAL, INFRINGING, FAKE, DUPLICATE, SPURIOUS, DEFECTIVE OR COUNTERFEIT, REFURBISHED, EXPIRED PRODUCTS PURCHASED BY BUYER FROM THE SELLER AND THE WEBSITE SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCT PURCHASED OR AVAILED BY BUYER FROM THE SELLER IS NOT EXACTLY AS PER SPECIFICATIONS DETAILED IN THE PURCHASE CONFIRMATION ORDER.
- CyBuy Marketplace is in no way responsible or liable for the offer for sale or sale of the Product by the Seller to the Buyer, its delivery, the warranty terms (if any) related to the Product and the return, refund or cancellation of the purchase of any Products.
- CyBuy Marketplace does not warrant that the sale price provided by the Seller of the Product is accurate, proper and valid. Any error in the sale price shall be solely attributed to the Seller and not to CyBuy Marketplace. Prices, Product description and availability of the Product are Seller’s responsibility.
- Buyer expressly acknowledges that the Seller selling the defective Product will be responsible to Buyer for any claims that Buyer may have in relation to such defective Product and CyBuy Marketplace shall not in any manner be held liable for the same.
- CyBuy Marketplace shall not assume any liability for the non-availability of the Product, delivery of the Product directly by the Seller and the installation of the Product where required.
In order to resolve a complaint regarding the Site or the Marketplace Offerings or to receive further information regarding the use of the Site or the Marketplace Offerings, please contact us at:
16192 Coastal Highway,
Lewes, DE 19958