Hgnjshoppingmall.com
Policy & Agreement
Price, specifications, and terms of
offers are subject to change without notice. Hgnjshoppingmall.com is not
responsible for typographical and/or photographical errors. Retail products are
accompanied by the original manufacturer warranty. Hgnjshoppingmall.com does
not offer any technical support or sales advice. Customer pays return shipping
charges for all RMA services. Hgnjshoppingmall.com reserves the right to refuse
service to anyone.
Payment Methods
-
Visa
- Mastercard
- Discover
- Paypal
- Hgnjshoppingmall.com
Preferred Account
- Hgnjshoppingmall
Gift Certificate
- Pre-paid company check, personal check, cashier's check or
money order (Note: Pre-paid methods, including cashier's checks, take slightly
longer to process because all payments must first clear with the bank due to
the risk of fraudulent checks.)
- No Purchase Orders, Fax or C.O.D. orders please. Please
accept our apologies but we do not accept international credit cards at this
time.
Shipping
Methods
- Standard Ground Delivery ( FedEx, UPS
and the USPS ) --- allow 24-48 hours to process an order and approximately
5 business days delivery, after order is shipped.
- Standard Overnight Service, 2nd
Day Air Service and Express Saver Services ( FedEx,
UPS and USPS ) are available for optional service options, upon request.
- Customer Home Delivery Service for
safe and secure delivery of Major Appliances and HDTVs --- allow 24-48
hours to process an order and approximately 5-7 days for delivery.
- All orders require 24-48 hours
processing time before shipping.
- Hgnjshoppingmall.com does not process
orders during weekends.
- No deliveries are made on Saturdays or
Sundays.
- Hgnjshoppingmall.com does not
guarantee same day shipping.
- Hgnjshhoppingmall.com does not offer
International / Canadian shipping options at this time.
- All orders
shipped within New Jersey will be charged sales tax.
Price Matching
Hgnjshoppingmall.com does not price match
with its competitors, for your convenience, all of our most current pricing is
listed on our web site and updated in real-time. Prices are non-negotiable.
Combo Specials
Combo Specials are offered by
Hgnjshoppingmall.com as a way of purchasing two items together at a discounted
price. To take advantage of a listed Combo Special, select the desired Combo
Special from the individual item listing and click Add to Cart. Both items will
be added to your shopping cart, and the advertised discount will be applied on
the Order Confirmation screen. And, in case you forget to add a Combo Special to
your cart, an intermediary page will be promoted to provide you with a second
chance. Only one of each Combo Special can be purchased per order. Offers valid
only while supplies of both items last. If you attempt to purchase multiple
units of a Combo Special, be advised that items with a mail-in rebate will
yield only one redeemable rebate offer (per the manufacturer's "limit one
per household" provision). Hgnjshoppingmall.com cannot guarantee the
compatibility of combo items. Please contact the manufacturer(s) directly if
you have issues or concerns regarding compatibility.
Bundle Specials
Bundle Specials are offered to
Hgnjshoppingmall.com shoppers as a way to purchase multiple items together at a
discounted price. Only one of each Bundle Special can be purchased per order.
Offers valid only while supplies of all items within the bundle last. If you
attempt to purchase multiple units of a Bundle Special, be advised that items
with a mail-in rebate will yield only one redeemable rebate offer (per the manufacturer's
"limit one per household" provision). Hgnjshoppingmall.com cannot
guarantee the compatibility of bundle items. Please contact the manufacturer(s)
directly if you have issues or concerns regarding compatibility.
If you wish to return a Bundle Special
for a refund, you must return the ENTIRE BUNDLE within 30 days of the original
invoice date. Note that a 15% restocking fee will be applied. Components within
a Bundle Special may be returned for repair / replacement only. Individual
items within a bundle may only be returned for repair / replacement if an RMA
number is acquired within the standard return period.
Product Tour
The product resources offered in Product
Tour are provided courtesy of their respective developers. As such,
Hgnjshoppingmall.com is not responsible in any way for the accuracy of claims,
representations or suggestions made in these materials. Similarly, all
compatibility or technical issues should be directed to the appropriate
developer or manufacturer. These resources are provided on an "as is"
basis by Hgnjshoppingmall.com as a supplementary service to you, the user. We
offer these resources to you strictly for informative purposes as they may lend
valuable insight into products you are interested in and clarify any associated
benefits.
Promo Codes
Hgnjshoppingmall.com will sometimes
furnish an alphanumeric code that can be used for promotions on our web site, these
promotional codes may be found in print and/or online advertisements, sent via
email to our Newsletter and/or Promotion subscribers, presented on the
Hgnjshoppingmall.com web site or circulated at events and through other means.
Some of the specials offered by entering a Promo Code during checkout include
free shipping, volume discounts, free gifts or complimentary Rush Order
processing. The provisions for a Promo Code will be included with the code
itself; if an expiration date or other condition is stipulated, just reference
where you acquired the code for the exact requirements. Please note that Promo
Codes are not redeemable for cash and you must spend more than the discount
price in order for a promotion to be applied. For example, if a Promo Code
offered $10.00 off your next purchase, you would need to spend more than the
designated minimum purchase amount to redeem your discount.
Mail-in Rebates
For your convenience,
Hgnjshoppingmall.com does its best to advertise any current rebates on our web
site. Any use of these rebates is limited to the terms and conditions specified
by the product manufacturer. If you have any questions regarding rebate terms
and conditions, please contact the manufacturer directly.
Sales Tax
Sales tax is only required for orders
shipping within our resident states of business. Therefore all orders shipping
within New Jersey will be charged applicable sales tax according to your area's
tax rate.
Money Back
Guarantee/Refund Policy
All merchandise unless otherwise
indicated may be returned within 30 days from the original invoice date for a
refund. A 15% restocking fee may apply, these terms apply to all refunds. Most
products are shipped with a refund/replacement guarantee period unless
otherwise noted in the product listing. Customers must inform
Hgnjshoppingmall.com of any order discrepancy within 7 days from the invoice
date so that we may investigate and resolve the situation accordingly.
Hgnjshoppingmall.com SATISFACTION GUARANTEE - Hgnjshoppingmall.com offers our
customers a 30-day satisfaction replacement or refund guarantee on all
purchases.
Oversize
Television Policy
Televisions 24 inches and larger cannot
be returned to Hgnjshoppingmall.com for refund or replacement service.
Therefore, you are urged to carefully examine the box your television ships in
before signing for the package. Should you observe any damage to the shipping
box, or if the wrong product was sent, you must refuse delivery while the
shipping courier is still on the premises. The item will be returned to
Hgnjshoppingmall.com and you will be refunded the full amount, including
applicable shipping costs and tax. If you determine upon inspection that the
condition of the shipping box is satisfactory, an adult is required to sign the
shipping courier's release form to complete delivery. By signing this release,
you are acknowledging and agreeing to Hgnjshoppingmall.com's Terms and Conditions, understanding that you
cannot return the television to Hgnjshoppingmall.com and that the condition of
the delivery meets your expectations. After delivery, please read all included
documentation and/or contact the manufacturer
directly to determine applicable warranty coverage.
Physical Damage
Policy
Physical damage to any product purchased
at Hgnjshoppingmall.com will effectively void warranty coverage. Physical
damage includes but is not limited to improper handling and/or any other type
of damage sustained by irregular usage.
Restocking Fee
A 15% restocking fee will be applied to
all returns for refund. Shipping charges are non-refundable. No refunds after
30 days.
Technical Support
Hgnjshoppingmall.com does not offer any
sort of technical assistance. We cannot offer advice on compatibility of items,
make product recommendations; provide technical support or sales advice. We
post all of the information the manufacturer provides us with for your
convenience. Please contact the manufacturer directly for accurate answers to
your technical questions or for additional information or specifications that
are not posted at Hgnjshoppingmall.com.
Processing Time
You can expect your order to be processed
within approximately 24-48 hours, provided the items are in stock and there are
no problems with payment verification. Hgnjshoppingmall.com does not guarantee
same day-shipping. Orders are not processed on weekends and holidays.
Rush processing
Hgnjshoppingmall.com will rush process
your order for an additional fee provided that the following conditions are
met:
·
Order is
submitted before 12 noon EST.
·
Your transaction
and credit card authorization is successfully completed before 12:30PM EST.
·
Your shipping
address matches your credit card billing address (i.e. No alternate ship to
address).
·
Rush Processing
does NOT apply to Pre-Paid Check orders.
Rush Processing Disclaimer:
IN ALL CIRCUMSTANCES, HGNJSHOPPINGMALL.COM'S MAXIMUM LIABILITY IS
LIMITED TO THIS RUSH ORDER FEE ONLY. WHILE HGNJSHOPPINGMALL.COM CANNOT
GUARANTEE SAME DAY SHIPMENT FOR ALL ORDERS, HGNJSHOPPINGMALL.COM WILL PUT FORTH
ITS BEST EFFORT TO SHIP ALL RUSH PROCESSING ORDERS THE SAME BUSINESS DAY IF THE
ABOVE CONDITIONS ARE MET. OTHERWISE, YOUR $2.99 RUSH PROCESSING FEE WILL BE
REFUNDED.
Back-orders
Hgnjshoppingmall.com does not sell backordered merchandise. We will
never purposely charge a customer for an item that we do not physically have in
stock at the time of purchase. Occasional inventory discrepancies may occur due
to inaccurate inventory counts or possibly because the last few items on our
shelves are damaged and/or not in a condition that we can in good faith sell to
a customer. In that instance Hgnjshoppingmall.com will refund your credit/debit
card for the item, along with any applicable tax fees and shipping charges. An
automated email will also be sent to your Hgnjshoppingmall.com login to alert
you of the situation.
Order status
Hgnjshoppingmall.com will keep you informed of your order status via
e-mail. All tracking information will be emailed to your Hgnjshoppingmall.com
ID once your order has shipped. You may also acquire your order status and
other live updates by logging in to your account on our website.
Security
Security is our number one priority. All on-line transactions are sent
through our secure server and encrypted with 128-bit technology. Once we
receive your information through the internet, only trusted, authorized
employees will process the payment to make sure your information is handled
with the utmost level security.
Privacy
Hgnjshoppingmall.com respects your privacy. We will not under any
circumstances sell or release your information to anyone except as outlined in
our privacy policy. All of the information obtained from our web site will be
used for processing purposes only. The only e-mails you will receive from
Hgnjshoppingmall.com are updates to any recent orders and/or returns.
Safe Shopping Guarantee
Fair Credit Billing Act: We guarantee that every online transaction
you make will be 100% safe. This means you pay nothing if unauthorized charges
are made to your card as a result of shopping at our online store. Under the
Fair Credit Billing Act, your bank cannot hold you liable for more than $50.00
for fraudulent charges. If your bank does hold you liable for any of this
$50.00, we will cover the entire liability for you, up to the full $50.00. We
will only cover this liability if the unauthorized use of your credit card
resulted through no fault of your own from purchases made while using our secure
server. In the event of unauthorized use of your credit card, you must notify
your credit card provider in accordance with its reporting rules and
procedures.
Change orders
You may request a change to your order provided the order has not
already been charged to your account. Please call 866-551-4465 during Hgnjshoppingmall.com's office hours of
operation to request a change to your order. Please have your sales order (SO)
or customer number ready for better assistance. We strongly discourage sending
change order requests via email because it is unlikely we will receive the
message in time to make an adjustment due to the sheer volume of emails we
receive each day.
Cancel orders
You may request than an order be cancelled provided the order has not
already been processed and shipped. Simply call 866-551-4465 during Hgnjshoppingmall.com's office hours of
operation to request an order cancellation. You will receive a credit for the
full amount to your credit/debit card in approximately 1-2 business days. We
strongly discourage sending order cancellation requests via email because it is
unlikely we will receive the message in time to void the order due to the sheer
volume of emails we receive each day.
Resellers
Unfortunately, we do not currently have a reseller or discount program
available at this time. Hgnjshoppingmall.com currently already negotiates the
best possible price for you, and offers these great discounts to all of our
customers through our web site. Anytime we receive any specials or promotions,
we will immediately post them on our web site for you to take advantage.
·
Tax: All customers outside of New Jersey will not be
charged any tax. Therefore, there is no need to fax or set up any reseller tax
exemption form.
·
For New Jersey Resellers: Place you order, as normal. Fax to 973 533-1901 our office your reseller permit and completed copy of NJ
Sales Tax Form ST-3 Resale Certificate.
Volume discounts
Hgnjshoppingmall.com does not have a reseller or discount program
available at this time. We work hard to negotiate the best values on the
Internet and offer these tremendous values to all our customers via our
website. The entire inventory shown online is live, posted in real-time, and
accessible 24/7/365. We also do our best to advertise any specials, promotions
or rebates for our customers' benefit.
Product listings
Hgnjshoppingmall.com strives for accuracy in all item descriptions,
photographs, compatibility references, detailed specifications, pricing, links,
and any other product-related information contained herein or referenced on our
website. Due to human error and other determinates we cannot guarantee that all
item descriptions, photographs, compatibility references, detailed
specifications, pricing, links and any other product-related information listed
is entirely accurate, complete or current, nor can we assume responsibility for
these errors. In the event a product listed on our website is labeled with an
incorrect price due to some typographical, informational, technical, or other
error, Hgnjshoppingmall.com shall at its sole discretion have the right to
refuse and/or cancel any order for said product and immediately amend, correct
and/or remove the inaccurate information. Additionally, all hyperlinks to other
websites from Hgnjshoppingmall.com are provided as resources to customers
looking for additional information and/or professional opinion.
Hgnjshoppingmall.com does not assume responsibility for the claims and/or
representations made on these or any other websites.
Product Revisions
Hgnjshoppingmall.com is not responsible for changes or variations in
product specifications and/or physical appearance. In the interest of our
customers, Hgnjshoppingmall.com puts forth its best efforts to ensure that all
product information is up-to-date and factual. Unfortunately there are varying
determinates which, although infrequent, could cause the information on our
website to become outdated without our immediate knowledge. This includes but
is not limited to new versions or revisions, color deviations, retail package
alterations and other variations that may be considered inconsequential by the
manufacturer. Hgnjshoppingmall.com relies on the manufacturer to communicate
these differences. Presently we have no way of alerting customers prior to
purchase in the event the manufacturer fails to do so. Consequently,
Hgnjshoppingmall.com will not be held responsible for product revision changes.
Product reviews
All review submissions are subject to moderation by
Hgnjshoppingmall.com. Please follow our submission guidelines.
Hgnjshoppingmall.com moderates all review submissions to ensure that only
reviews that offer helpful insight are published.*
What to include in your submission:
* Experiences with a fully-functional product leading to perceived
pros and cons**
* Thoughts about the product's feature-set as you've experienced it
What NOT to include in your submission:
* Profanity, obscenity and other offensive language
* Single-word reviews
* Non product-specific reviews
* Any mention of Hgnjshoppingmall.com's competitors by name
* URLs, specific pricing, and specific availability (or other
time-sensitive information)
* Experiences with a DOA, defective, damaged or otherwise
semi-functional product**
* Reviews that criticize the brand or reseller without a majority of
the review offering product-specific insight
*Hgnjshoppingmall.com reserves the right to accept or reject any
review in its sole and absolute own discretion
**DOA's (Dead on Arrival) are an
unavoidable aspect of any business model that involves direct shipment to
customers. Please understand that Hgnjshoppingmall.com ships only products it
assumes to be functional and that any defective product you may have received
was either damaged in transit or was anomalous.
Hgnjshoppingmall.com Purchase Agreement
By accepting delivery of any product delivered from
Hgnjshoppingmall.com ("Hgnjshoppingmall.com"), you
("Customer") agree to be bound by the terms and conditions listed
below. You and Hgnjshoppingmall.com agree that the following terms and
conditions are the exclusive terms governing the sales transaction between
Customer and Hgnjshoppingmall.com. Any attempt to alter, supplement, modify or
amend these terms and conditions by the Customer will be considered a material
alteration of this agreement and, therefore, are null and void. In addition,
these terms and conditions are subject to change at any time, without prior
written notice. Therefore, please check these terms and conditions carefully
each time you place an order with or accept delivery of any goods from
Hgnjshoppingmall.com.
1.
HGNJSHOPPINGMALL.COM
SATISFACTION GUARANTEE
Hgnjshoppingmall.com
offers our customers a 30-day satisfaction replacement or refund guarantee on
all purchases, except:
·
7-day
refund/replacement guarantee on Retail, OEM and Open Box PC's. All other Open
Box merchandise has a 15-day warranty period. All refunds on PC's will be
subjected to a 15% restocking fee to reflect the current market value.
·
Product Return Procedure: To return a
product in compliance with Hgnjshoppingmall.com's satisfaction guarantee, you
must obtain a Return Merchandise Authorization ("RMA") number within
the guarantee return period for the product (described above). Please click
here to acquire an RMA number. All RMA requests must be filed online.
Hgnjshoppingmall.com will not accept returns without prior authorization and a
RMA number. Once issued, RMA numbers are valid for 15 days within which return
products must be received by Hgnjshoppingmall.com. RMA numbers will not be extended
or reissued. Customer should prominently display the RMA number(s) on the
shipping label of boxes containing the returned product.
·
Customer is
solely responsible for shipping any returned product to Hgnjshoppingmall.com.
Customer agrees to use only reputable carriers capable of providing proof of
delivery and insurance for the entire value of the shipment. Customer agrees to
bear all shipping and insurance charges and all risk of loss for the return
product during shipment. Customer agrees that all returned products will be
100% complete, in re-saleable condition, and will include the original
packaging material, manuals, blank warranty cards, and other accessories
provided by the manufacturer. If any component of the returned product is
missing, Hgnjshoppingmall.com's Return Procedure will be breached and
Hgnjshoppingmall.com may in its sole and absolute discretion reject the entire
return or choose to impose additional charges against the customer for
replacement of the missing component(s).
·
Hgnjshoppingmall.com
will not refund to Customer the original shipping charges. In addition, Hgnjshoppingmall.com
will assess a 15% restocking fee against the Customer's account on all returns
for refund.
2.
WARRANTIES; ALL
PRODUCTS SOLD "AS-IS" OR "WITH ALL FAULTS"
·
HGNJSHOPPINGMALL.COM
IS A DISTRIBUTOR ONLY. PRODUCTS SOLD BY HGNJSHOPPINGMALL.COM ARE NOT
MANUFACTURED BY HGNJSHOPPINGMALL.COM. THE PRODUCTS MAY, HOWEVER, BE COVERED BY
EACH MANUFACTURER'S WARRANTY, SERVICE, AND SUPPORT POLICY (IF PRESENT).
HGNJSHOPPINGMALL.COM ASSIGNS AND PASSES THROUGH TO THE CUSTOMER ANY WARRANTY OF
THE MANUFACTURER, AND CUSTOMER ACKNOWLEDGES THAT IT SHALL HAVE RECOURSE ONLY
UNDER SUCH WARRANTIES AND ONLY AS AGAINST THE MANUFACTURER OF THE PRODUCTS.
HGNJSHOPPINGMALL.COM MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT
TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. HGNJSHOPPINGMALL.COM
DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT,
INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM
STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. ALL ITEMS
SOLD THROUGH HGNJSHOPPINGMALL.COM ARE SOLD "AS-IS" OR "WITH ALL
FAULTS." THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS
IS WITH THE BUYER. SHOULD ANY OF THESE ITEMS PROVE DEFECTIVE, DO NOT FUNCTION,
OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT
THE MANUFACTURER, DISTRIBUTOR, OR HGNJSHOPPINGMALL.COM, ASSUMES THE ENTIRE COST
OF ALL NECESSARY SERVICING OR REPAIR.
3.
LIMITATION OF
LIABILITY
·
IN ALL
CIRCUMSTANCES HGNJSHOPPINGMALL.COM'S MAXIMUM LIABILITY IS LIMITED TO THE
PURCHASE PRICE OF THE PRODUCTS SOLD. HGNJSHOPPINGMALL.COM SHALL NOT, UNDER ANY
CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR
CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS
THIS LIABILITY LIMIT. HGNJSHOPPINGMALL.COM SHALL NOT BE LIABLE FOR THIRD PARTY
CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS,
INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES,
WHETHER OR NOT HGNJSHOPPINGMALL.COM HAS BEEN MADE AWARE OF THE POSSIBILITY OF
SUCH CLAIMS OR DAMAGES.
4.
RECORDINGS
·
Hgnjshoppingmall.com
does not consent to having any telephone calls recorded and reserves the right
to terminate any call that is being recorded. Customer agrees not to record any
call with Hgnjshoppingmall.com unless Customer has provided clear and
conspicuous notice to Hgnjshoppingmall.com and has received prior written
consent from Hgnjshoppingmall.com.
5.
GENERAL TERMS AND
CONDITIONS
·
Payment Terms; Orders: An order is not
binding upon Hgnjshoppingmall.com until it is accepted; Hgnjshoppingmall.com
must receive payment before it will accept an order. Payment for product(s)
ordered is due prior to shipment. Customer can make payment by credit card, or
some other method prearranged with Hgnjshoppingmall.com. You agree to pay the
amount(s) due as specified on the invoice, and you agree to pay interest on all
past-due sums at a rate of 1.5% per month or the highest rate allowed by law,
whichever is greater.
·
Shipping Charges: Your total cost for purchase of
any product will include shipping and handling charges shown on the Hgnjshoppingmall.com
invoice.
·
Title; Risk of Loss:
Hgnjshoppingmall.com will arrange for shipment of ordered product(s) to the
Customer, Free On Board (F.O.B.) shipping point, meaning title to the
product(s) -- excepting software-- and risk of loss passes to the Customer upon
delivery to the carrier. Hgnjshoppingmall.com reserves a purchase money
security interest in the product(s) until its receipt of the full amount due.
Customer agrees to allow Hgnjshoppingmall.com to sign appropriate documents on
Customer's behalf to permit Hgnjshoppingmall.com to protect its purchase money
security interest. Title to software will remain with the licensor(s). All
software is provided subject to the license agreement of the software maker.
Customer agrees to be bound by any software license agreement once the seal on
the package is broken. Hgnjshoppingmall.com will advise Customer of estimated
shipping dates, but Hgnjshoppingmall.com will, under no circumstances, be
responsible for delays in delivery, and associated damages, due to events
beyond its reasonable control, including without limitation, acts of God or
public enemy, acts of federal, state or local government, fire, floods, civil
disobedience, strikes, lockouts, and freight embargoes.
·
Governing Law and Jurisdiction: Any dispute
arising out of or related to these Terms and Conditions or the sales
transaction between Hgnjshoppingmall.com and Customer shall be governed by the
laws of the State of New Jersey, without regard to its conflicts of law rules.
Specifically, the validity, interpretation, and performance of this agreement
shall not be governed by the United Nations Convention on the International
Sale of Goods. Hgnjshoppingmall.com and Customer consent to the exclusive
jurisdiction and the exclusive venue of the State Courts of the State of New
Jersey, Union County, to resolve any dispute between them related hereto, and
the parties waive all rights to contest this exclusive jurisdiction and venue
of such Courts. Hgnjshoppingmall.com participates in the Better Business
Bureau’s BBBOnline Program and has committed to cooperate with BBB efforts to
resolve disputes that may arise under this contract. Hgnjshoppingmall.com
agrees to participate in a BBB resolution dispute process, to resolve these
disputes. It is understood that there are limits to the kinds of claims that
the BBB will handle --- call the BBB of NJ for more information. Other than for
those disputes resolved through the BBB dispute resolution process,
Hgnjshoppingmall.com and the Customer consent to exclusive jurisdiction and
venue of the State Courts of New Jersey, Union County. Finally, the Customer also agrees not to
bring any legal action, based upon any legal theory including contract, tort, and
equity or otherwise, against Hgnjshoppingmall.com that is more than one year
after the date of the applicable invoice.
·
Severability: If any provision contained in this
agreement is or becomes invalid, illegal, or unenforceable in whole or in part,
such invalidity, illegality, or unenforceability shall not affect the remaining
provisions and portions of this agreement, and the invalid, illegal, or
unenforceable provision shall be deemed modified so as to have the most similar
result that is valid and enforceable under applicable New Jersey law.
·
Waiver: The failure of either party to require
performance by the other party of any provision of this agreement shall not
affect in any way the first party's right to require such performance at any
time thereafter. Any waiver by either party of a breach of any provision in this
agreement shall not be taken or held by the other party to be a continuing
waiver of that provision unless such waiver is made in writing.
·
Entire Agreement: These terms and conditions,
together with Hgnjshoppingmall.com's invoice regarding the products ordered by
Customer, are the complete and exclusive agreement between Hgnjshoppingmall.com
and Customer, and they supersede all prior or contemporaneous proposals, oral
or written, understandings, representations, conditions, warranties, and all
other communications between Hgnjshoppingmall.com and Customer relating to the
subject products. This agreement may not be explained or supplemented by any
prior course of dealings or trade by custom or usage.
(V1.02: 09-01-09)