Terms and Conditions
Last updated: December 13, 2019
By shopping our products and services on our website or any other marketplaces including but not limited to ebay.com, Walmart.com, Newegg.com and Rakuten.com (collectively theMaxMart), you agree to these conditions. Please read them carefully.
PRIVACY
Please review our Privacy Policy, which also governs your use of Amazon Services, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Marketplaces, such as a Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that theMaxMart provides to you electronically satisfy any legal requirement that such communications be in writing.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. TheMaxMart reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
RISK OF LOSS
All purchases of physical items from theMaxMart are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Please review our Return Policy. TheMaxMart does not take title to returned items until the item arrives at our physical location.
PRODUCT DESCRIPTIONS
TheMaxMart attempts to be as accurate as possible. However, theMaxMart does not warrant that product descriptions or other content of any service is accurate, complete, reliable, current, or error-free. If a product offered by theMaxMart is not as described, your sole remedy is to return it in unused condition.
PRICING
TheMaxMart regularly checks List Prices. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Amazon is higher than our stated price, theMaxMart will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
SANCTIONS AND EXPORT POLICY
You may not shop with us if you are the subject of U.S. sanctions. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE PRODUCTS AND SERVICES INCLUDING ALL INFORMATION, CONTENT, MATERIALS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THEMAXMART ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
DISPUTES
Any dispute or claim relating in any way to any products or services sold or distributed by theMaxMart will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.
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 Terms and Conditions as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or theMaxMart may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
APPLICABLE LAW
By using any Amazon Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of North Carolina, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and theMaxMart.