Purchase Agreement
Guapo Terms and Agreements of Purchase
Thank you for shopping at guapo.net's (“Guapo”) online store. “You”, “you” and “your” refer to each entity or individual that purchases goods and/or services (“Products”) from guapo.net's online shopping mall located at www.guapo.net (“Web Site”).
This Purchase Terms and Conditions (“Purchase Terms”) apply to all of your online purchases from the Web Site and may NOT be altered, supplemented, or amended by you through the use of any other document(s). Any attempt by you to alter, supplement or amend this document or to enter an order for Product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and Guapo.
ACCEPTANCE:
BY PURCHASING PRODUCTS FROM THIS WEB SITE, YOU AGREE TO BE BOUND BY AND ACCEPT THIS PURCHASE TERMS.
PRODUCT DESCRIPTIONS AND REMEDY
Guapo contracts with businesses (“Guapo Suppliers”) to sell their Products to Guapo for immediate resale to customers. Guapo Suppliers are responsible for writing the product descriptions of their respective Products. Guapo does not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a Product you purchased from Guapo is not as described, your sole remedy is to return the Product in unused condition.
If you have any questions regarding a purchase or if you do not recognize a charge on your billing statement, please contact us by way of the means provided on our “Contact Us“ page.
PRICING:
Guapo Suppliers provide Guapo with a suggested retail price for Products. Guapo as the reseller makes the final determination as to the price for which the Product will be sold. The price may be different than the suggested price of the Supplier.
RISK OF LOSS:
All shipments of Products purchased from Guapo are accomplished pursuant to a direct shipment from the Supplier in accordance with the Supplier's shipping contract. Unless otherwise specifically stated by the Supplier, this means that the risk of loss and title for such Products pass to you upon delivery of the Product to the carrier.
PAYMENT METHODS:
The current payment methods available are: Paypal; credit or charge cards from Visa, MasterCard, American Expressand debit cards Via our authorized reseller, 2checkout. Orders are processed only after billing information and credit card information has been verified. This is for the credit card holders protection and not intended to be an inconvenience.
DELIVERY AND TAX:
Separate charges for shipping and handling usually apply. If there are separate charges, such charges will be shown on your order form. Incertain cases where Guapo Suppliers select the method of delivery, it will be stated before or during the checkout process.
Unless clearly marked 'Free shipping' all goods will have a fee for delivery. Occaisionally a product maybe without a weight entered which would show no cost for shipping. This is not intentional and not intended for customers to exploit to receive free shipping on the said products. If this happens, we will contact you, correct the 0 weight issue, cancel the order and ask you to place your order again. We offer fair prices on great products and request your cooperation and understanding.
If applicable, a separate charge for taxes will be shown on your order form. Currently, the only location we must charge sales tax is Ohio, USA. If you are having a Product shipped to Ohio, you will be charged the applicable local sales tax rates.
RESALE:
Guapo sells the Products of its Suppliers to customers for non-commercial use. Unless specifically stated otherwise with regard to a particular Product, you may not resell the Product. Please make a wholesale account if you intend to re-sell as you will receive cheaper prices if your orders meet our minimum order quantity.
LIMITED WARRANTY AND DISCLAIMER:
Guapo Suppliers may provide a limited warranty for Products sold by Guapo. To the extent allowed by the Supplier, Guapo will assign the limited warranty to you.
GUAPO PROVIDES NO SEPARATE WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Guapo EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS REGARDING ANY PRODUCTS SOLD TO YOU, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
LIMITATIONS OF LIABILITY:
GUAPO DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. Guapo WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, OR STATUTORY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, Guapo SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PURCHASE OF PRODUCTS OR SERVICES UNDER THESE PURCHASE TERMS GIVING RISE TO SUCH LIABILITY.
Some National and or state/provincial laws do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
JURISDICTION, VENUE, STATUTE OF LIMITATIONS:
This Purchase Terms shall be governed by the laws of the State of Ohio, USA, without reference to its conflicts of laws principles. You agree that any action at law or in equity arising out of or relating to this Web Site, the Purchase Terms, or the Services of Guapo shall be filed exclusively in the state or federal courts located in Franklin County, Ohio, U.S.A and you hereby consent and submit to the personal jurisdiction of such courts.
You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to this Web Site, this Purchase Terms, or the Services of Guapo must be filed within one (1) year of the date the cause of action arose or be deemed waived and forever barred as untimely.
INDEMNIFICATION:
You agree to defend and indemnify Guapo and its employees and suppliers and third party payment facillitators from any claim or demand, including reasonable attorney’s fees, arising from your failure to comply with this Purchase Terms, your violation of any law, or the rights of a third party.
ADDITIONAL TERMS:
If any provision of this Purchase Terms is held to be invalid or unenforceable, in whole or in part, such holding shall not affect the validity or enforceability of the other provisions of this Purchase Terms, and any part of such provision not held invalid or unenforceable shall remain in effect.
If such holding of invalidity or unenforceability is based on a measure of liability, performance, or time set as a standard in this Purchase Terms, such provision shall be replaced by a legally valid measure of liability, performance, or time which is as close as possible to that originally specified.
Not withstanding anything herein to the contrary, the "Limited Warranty" and the "Limitation of Liability" language shall survive the termination of this Purchase Terms.
The provisions of this Purchase Terms will inure to the benefit of and be binding upon Guapo and its successors and assigns, and you and your heirs, executors, administrators, successors, and personal representatives, and all persons you represent and their respective successors, assigns and related persons.
You and the persons you represent may not assign your rights and obligations under this Purchase Terms without the express prior written consent of Guapo, which may be withheld in Guapo's sole discretion.
Guapo may assign this Purchase Terms and its rights and obligations under this Purchase Terms without your consent or the consent of any persons you represent.
Nothing contained in this Purchase Terms shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
GUAPO'S FAILURE TO ENFORCE ANY PROVISION OF THE PURCHASE TERMS OR TO ACT WITH RESPECT TO A BREACH OF THE PURCHASE TERMS BY YOU SHALL NOT BE DEEMED A WAIVER OF SUCH PROVISION NOR OFGUAPO'S RIGHT TO ACT WITH RESPECT TO SUBSEQUENT OR SIMILAR BREACHES, NOR OF Guapo's RIGHT TO ENFORCE SUCH PROVISION.
Nothing contained in this Purchase Terms shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
Revised: June 27th, 2011
