Vue360 Terms of Purchase
Last Modified: August 1, 2016
Please read these Terms of Purchase carefully before placing any order with Vue360. The following policies, notices, terms and conditions are subject to change from time to time. These Terms of Purchase are a legal agreement between you and Vue360 governing your purchase of goods sold through the Vue360 Services.
BY CONFIRMING YOUR ORDER, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF PURCHASE AND THE WEBSITE TERMS OF SERVICE.
PRICE AND PAYMENT
Pricing, Availability and Specifications
All prices noted on this website or application, as well as terms of sale and special promotions, the availability of all products, and the specifications for all products, are subject to change without notice.
Methods of Payment
We accept the following methods of payment:
Sales and Use Tax - Vue360 collects sales tax only for sales made to customers in Tennessee. Vue360 does not collect sales or use tax in other states. Purchases you make using the Vue360 website or services may be subject to use tax in other states unless exempt from taxation in those other states. Your purchase is not exempt merely because it is made over the Internet. Other states may require customers to report their purchases that were not taxed and pay use tax on those purchases. Customers should check their state's reporting requirements for tax forms to be used for this purpose.
ORDER CHANGES, CANCELLATION, AND RETURN POLICY
Product Returns Policy
Vue360 will accept cancellations on orders that have been placed before they have been shipped. Orders that have been shipped can be returned within 14 days of receipt if in a new, sellable condition (i.e. in original factory packaging, unopened, undamaged) and shipped back to Vue360 in accordance with a Return Merchandise Authorization (RMA). RMAs can be placed via the Order tab. A 15% restocking fee may apply.
When returning an order via an RMA, we will issue you an RMA label. You must return the order in an appropriately sized box with the RMA label clearly presented thereupon. Unmarked packages without the proper RMA information will be returned to you at your expense.
If products were shipped to you as a result of our error, we will pay for return freight.
If products arrived damaged or were missing, please report the missing or damaged parts of your order to Customer Service within 14 days of receipt by e-mailing firstname.lastname@example.org with your order number. We will not accept returns of missing or damaged products unless you reported it before applying for your RMA.
If returned via RMA within 14 days of the original delivery, we will issue you a full refund or a replacement product at your choosing.
This is our standard return policy. Some products may have different return policies, which will be disclosed on the product page. Terms on the product page will supersede this policy.
SHIPPING AND PROCESSING
Vue360 offers various shipping options from FedEx, UPS, and USPS. Availability of shipping methods is subject to change.
Shipping costs will be indicated at checkout based on your selection.
Shipping is only available in the United States. All orders require one or two days processing time before shipping. We do not process orders during Saturday or Sunday. Any delivery dates specified with regard to your order are estimates only, and are not guaranteed.
You must provide a valid physical street address as part of any order you place with Vue360. Your address must be accessible by the carrier you select at checkout.
Risk of loss is FOB. All products purchased from Vue360 and shipped to you are made pursuant to a shipment contract with a shipping carrier, based upon the user-selected shipping method. This means that the risk of loss and title for such products pass to you upon our delivery to the carrier. You acknowledge that Vue360 will not be responsible or liable for any damage to products arising from their shipment. Please select your carrier accordingly.
Product Availability and Pricing
All orders placed with Vue360 are subject to product availability. If you place an order with and a product is determined to be out of stock, we will notify you and give you the choice to backorder the product or cancel your order. Any product that you choose to backorder will be subject to shipment at the convenience of the manufacturer, and backorder shipment dates cannot be guaranteed. Any such backordered products will be automatically shipped to you, unless you advise us otherwise, upon our receipt from the manufacturer.
The prices displayed on Vue360 are quoted in U.S. dollars and are valid and effective only within the United States. Such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total order price. You are responsible for the payment of any shipping, handling and delivery charges and state and local sales or use taxes that may apply to your order.
Product Warranties – from Manufacturers Only
All products sold by Vue360 carry only such original warranties as may be offered by the manufacturer of such products. Any such warranties are interpreted and administered by the manufacturer of such products. We do not offer any separate warranty for any of the products on the Vue360 website or application.
ALL PRODUCTS SOLD “AS-IS” OR “WITH ALL FAULTS”
VUE360 IS A DISTRIBUTOR ONLY. PRODUCTS SOLD BY VUE360 ARE MANUFACTURED BY THIRD PARTIES. ALL PRODUCTS LISTED ON THIS WEBSITE ARE OFFERED FOR SALE AND ARE SOLD ON AN “AS IS” BASIS (TO THE EXTENT ALLOWED BY LAW) AND, UNLESS OTHERWISE SPECIFICALLY NOTED, ARE WITHOUT WARRANTIES OF ANY TYPE, EXPRESS OR IMPLIED. WE ASSIGN AND PASS THROUGH TO THE CUSTOMER ANY MANUFACTURER WARRANTY ON ORDERED PRODUCTS. YOU ACKNOWLEDGE THAT YOU SHALL HAVE RECOURSE ONLY UNDER SUCH MANUFACTURER WARRANTIES AND ONLY AGAINST THE ORIGINAL MANUFACTURER OF THE PRODUCTS.
VUE360 MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT AS IS STATED IN THIS POLICY. VUE360 DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT INCLUDING, AND WITHOUT LIMTATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR APPLICATION, AS WELL AS WARRANTIES ARISING FROM STATUTE, CUSTOM OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
ALL ITEMS SOLD THROUGH VUE360 ARE SOLD “AS-IS” OR “WITH ALL FAULTS.” THE RISK AS TO THE QUALITY OR PERFORMANCE OF THESE ITEMS IS WITH THE BUYER. THE BUYER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR FOR ANY ITEMS THAT PROVE DEFECTIVE OR DO NOT FUNCTION PROPERLY FOLLOWING THEIR PURCHASE.
Limitation of Liability
IN ALL CIRCUMSTANCES, VUE360’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. VUE360 SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES UPON A CLAIM OR ACTION, WHETHER IN CONTRACT, TORT, INDEMNITY, CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS, WHICH EXCEEDS THIS LIABILITY LIMIT. VUE360 SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE BUYER, OR FOR ANY MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OR BUSINESS, LOSS, OR DAMAGE, WHETHER OR NOT VUE360 HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
You agree that these Terms of Purchase are governed by the substantive and procedural laws of the State of Tennessee, USA, and the United States of America. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Davidson County, Tennessee, USA in all disputes (a) arising out of, relating to, or concerning these Terms of Purchase, (b) in which these Terms of Purchase are an issue or a material fact, or (c) in which these Terms of Purchase are referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. You agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of the State of Tennessee as your agent for service of process. You agree to waive any objection that the state or federal courts of Tennessee are an inconvenient forum.
These Terms of Purchase shall be binding upon and inure to our benefit, and our successors, and assigns. You may not assign these Terms of Purchase without our prior written consent and any such attempted assignment is deemed null and void. We reserve the right to assign these Terms of Purchase to any entity or person.
No failure or delay by a party in exercising any right, power or privilege under these Terms of Purchase shall operate as a waiver thereof. The invalidity or unenforceability of any of these Terms of Purchase shall not affect the validity or enforceability of any other of these Terms of Purchase, all of which shall remain in full force and effect.
The section titles in the Terms of Purchase are for convenience only and have no legal or contractual effect. The Terms of Purchase and the relationship between you and us shall be governed by the laws of the State of Tennessee and the United States of America notwithstanding any conflict of law provisions.
If any provision of these Terms of Purchase is found to be invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, or, at the option of Vue360, shall be construed in a manner to closely reflect, as much as possible, the intentions of the parties, and the remainder of the Terms of Purchase and the Vue360 Terms of Service shall govern such use. If any of the policies, notices, terms or conditions in these Terms of Purchase on this website shall be deemed invalid, void, or unenforceable for any reason, then such policy, notice term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining policy, notice, term or condition.
If Vue360 takes action and prevails (by itself or through its representatives) to enforce any of the provisions of these Terms of Purchase, including collection of damages or any amounts due hereunder, Vue360 shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney’s fees and any costs of any litigation.