Terms & Conditions
TERMS AND CONDITIONS TO GOVERN
Welcome to www.WhatsMODE.com. Whatsmode Incorporated and/or its affiliates (“WhatsMODE”), provides products and services through; WhatsMODE, WhatsMODE Application for Android software, and WhatsMODE Application for iOS software which will hereby be collectively known as “products and services” of WhatsMODE. WhatsMODE provides products and services subject to the following conditions.
By using the products and services provided by WhatsMODE, you agree to these conditions.
These terms and conditions represent the final and complete agreement of the parties and no terms or conditions in any way modifying or changing the provisions stated herein shall be binding upon WhatsMODE unless made in writing and signed and approved by an officer or other authorized person at WhatsMODE. No modification of any of these terms shall be modified by WhatsMODE's shipment of goods following receipt of Buyers purchase order, shipping request or similar forms containing printed terms and conditions additional to or in conflict with the terms herein. If any term, clause or provision is declared invalid by a court of competent jurisdiction, such declaration or holding shall not affect the validity of any other term, clause or provision herein contained.
ACCEPTANCE OF ORDERS
All orders are subject to written price verification by authorized WhatsMODE personnel unless designated in writing to be firm for a specified period of time. Shipment of goods without written price verification does not constitute acceptance of the price contained in the order.
WhatsMODE reserves the right, without prior notification, to substitute an alternative product of like kind, quality and function. If the Buyer will not accept a substitute, the Buyer must specifically declare that no substitution is allowed when the buyer requests a quote, if such request for quote is made, or, if no request for quote was made, when placing an order with the WhatsMODE.
Prices quoted, including any transportation charges, are valid for 10 days unless designated as firm for a specific period pursuant to a written quote or written sales acceptance issued or verified by an officer or other authorized personnel of WhatsMODE. A price designated as firm for a specific period may be revoked by WhatsMODE if the revocation is in writing and is mailed to the Buyer prior to the time a written acceptance of the price is received by WhatsMODE. All prices and deliveries are F.O.B. shipping point. WhatsMODE reserves the right to cancel orders in the event selling prices which are lower than prices quoted are established by government regulations.
Unless otherwise provided, WhatsMODE shall use its judgment in determining carriers and routing. In either case, WhatsMODE shall not be liable for any delays or excessive transportation charges resulting from its selection.
Unless otherwise provided, WhatsMODE will comply only with its minimum packing standards for the method of transportation selected. The cost of all special packing, loading or bracing requested by Buyer will be paid for by Buyer. All cost of packing and shipment for Buyer's special equipment shall be paid for by Buyer.
The discount applies only to the invoiced value of the material (not to taxes or freight charges). WhatsMODE reserves the right to require advance payment or satisfactory security for the goods if the financial condition of Buyer so warrants as determined by WhatsMODE. If Buyer fails to make payment in accordance with terms of this agreement or any collateral agreement, or fails to comply with any provisions hereof, WhatsMODE may, at its option (and in addition to other remedies), cancel any unshipped portion of this order. Buyer is to remain liable for all unpaid accounts.
TAXES AND IMPORT/EXPORT LICENSES
Prices do not include taxes. Taxes are paid by Buyer upon invoice from WhatsMODE unless Buyer provides a valid exemption certificate acceptable to the taxing authority or unless WhatsMODE is forbidden by law from collection of said taxes from Buyer. Import or export licenses are to be secured by Buyer.
TITLE AND RISK OF LOSS
All items purchased from WhatsMODE, WhatsMODE Android, or WhatsMODE iOS app are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to Buyer upon our delivery to the carrier.
Delivery to carrier shall constitute delivery to Buyer, and thereafter risk of loss or damage shall pass to Buyer. Any claim of Buyer relative to damage during shipping or delivery should be made directly to the carrier. Any claims by Buyer against WhatsMODE for shortage or damage occurring prior to such delivery to carrier must be made within five (5) days after receipt of the goods and accompanied by original transportation bill signed by carrier noting that carrier received the goods from WhatsMODE in the condition claimed. Notwithstanding passage of the risk of loss to Buyer, title and right of possession to the goods sold hereunder shall remain with WhatsMODE until all payments hereunder, including deterred payments evidenced by notes or otherwise. Interest, carrying charges, and attorney fees, shall have been made in cash, and Buyer agrees to do all acts necessary to perfect and maintain such right and title in WhatsMODE.
RETURN OF PRODUCTS
Goods can be returned within 30 days. Incorrectly-sized items, and items of quality-related problems can be exchanged. Customers returning goods are responsible for initial freight charges, after which financial reimbursement can be issued at the discretion of WhatsMODE. The following items cannot be returned or exchanged: bodysuits, lingerie & sleepwear, swimwear, jewelry, and accessories (except scarves, bags, and mermaid blankets).
When you register on our site, you thereby agree that we can send you WhatsMODE company updates, and other promotional emails from WhatsMODE. If you wish to opt-out from these emails, you may do so by referring to the ‘unsubscribe’ option, which can be found in these emails.
WhatsMODE shall not be liable for failure to perform its obligations resulting directly or indirectly from or contributed to by acts of God; acts of Buyer, civil or military authority, including wage and price controls; fires; war; riot; delays in transportation; lack of or inability to obtain raw materials (including energy sources), components, labor, fuel or supplies; or other circumstances beyond WhatsMODE's reasonable control, whether similar or dissimilar to the foregoing. If certain quantities are affected and other quantities are not, the quantities affected shall be eliminated without liability, but the agreement shall remain unaffected. WhatsMODE may during any period of shortage due to any of said causes, allocate its supply of such raw materials among its various users thereof in any manner which YILIDA Company deems fair and reasonable. In no event shall WhatsMODE be liable for special or consequential damages for any delay for any cause.
REASONABLE ATTORNEY'S FEES
In the event suit or other proceedings shall be brought for the recovery of the purchase price, or any unpaid balance, or the breach by Buyer of any term herein contained, Buyer shall pay to WhatsMODE, in addition to any damages proved by law, reasonable attorney's fees and costs of collection.
WhatsMODE shall not be responsible, obligated, or liable for any injury or damage resulting from an application or use of its products, either singularly or in combination with other products, arising out of acceptance of this order. WhatsMODE shall have no liability for errors in weight or quantity delivered unless claim is made by Buyer within five (5) days after receipt of shipment and accompanied by original transportation bill signed by carrier noting that carrier received the goods from WhatsMODE in the condition claimed. If such timely claim is made by Buyer, and the claim is deemed valid by WhatsMODE, WhatsMODE may fulfill its responsibility by either shipping the quantity necessary to make good the deficiency, or at WhatsMODE's option, crediting Buyer with the invoice price of the deficiency.
All goods sold by WhatsMODE are warranted to Buyer to be free from defects in material and workmanship, and manufactured in accordance with industry standards. The foregoing warranty is not assignable and in-lieu of, and excludes all other warranties not expressly set forth herein, whether express or implied by operation of law or otherwise including but not limited to any implied warranties of merchantability or fitness. No agent, employee, or representative of WhatsMODE has any authority to bind WhatsMODE to any representation, affirmation, or warranty concerning the goods and any such representation, affirmation, or warranty shall not be deemed to have become a part of the basis of this agreement and shall be unenforceable.
Any claimed defect in material or workmanship shall be deemed waived by Buyer unless submitted to WhatsMODE in writing within five (5) days from the date the goods are received by Buyer. WhatsMODE shall not be liable under the foregoing warranty if any loss or damage is caused by improper application or use of the goods. WhatsMODE disclaims all liability with respect to the design of the goods and makes no warranty with respect to such design. This warranty is in lieu of and excludes all other warranties, whether express, implied, or statutory, including implied warranties of merchantability or fitness.
REMEDIES AND LIMITATION OF LIABILITY
WhatsMODE shall not be liable for incidental or consequential losses, damages, or expenses arising directly or indirectly from the sale, handling or use of the goods, or from any other cause relating thereto. WhatsMODE's liability, in any case, including for claims of breaches of warranty or negligence is exclusively limited, at WhatsMODE's option, to the replacement of goods not complying with this agreement, the repayment of, or crediting Buyer with, an amount equal to the purchase price of such goods, or repairing or arranging for repair of the goods. If WhatsMODE requests the return of the goods, the goods will be redelivered to WhatsMODE in accordance with WhatsMODE's instructions. The remedies contained in this paragraph constitute the sole recourse of Buyer against WhatsMODE for breach of any of WhatsMODE's obligations, whether of warranty or otherwise. As long as WhatsMODE makes a good faith effort to rectify any breach, the remedies provided for herein shall be deemed satisfied.
Buyer represents that the goods sold hereunder are fit for their actual or intended use and that Buyer placed no reliance on WhatsMODE's skill or judgment in selecting suitable goods or materials or in the design of suitable goods and materials. Buyer represents that the use and installation of the goods shall be made in compliance with all applicable government requirements. Buyer will defend, indemnify and hold harmless WhatsMODE, its successors, assigns and subsidiaries from and against all costs (including attorney's fees), damages and liabilities resulting from actual or alleged claims asserted or any penalties proposed or assessed WhatsMODE for any alleged violation of any federal, slate or local law, rule, regulation or standard, by reason of or in connection with any use of the goods delivered hereunder.
CHOICE OF LAW
This agreement and matters connected with the performance thereof shall be construed in accordance with, and governed by, the law of the State of Florida as if it were executed and performed entirely within the State of Florida. Further, it shall be construed to be between merchants.
WhatsMODE specifically represents that any goods to be delivered hereunder will be produced in compliance with the requirements of the Fair Labor Standard Act of 1939, as amended.