PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A BINDING ARBITRATION CLAUSE.
The American Red Cross name and emblem are used with its permission, which in no way constitutes an endorsement, express or implied, of any product, service, company, opinion or political position. The American Red Cross logo is a registered trademark owned by the American Red Cross. For more information about the American Red Cross, please visit www.redcross.org
NOTE: These Terms and Conditions of Sale apply to direct purchases made from Nokero International Limited (“Nokero”).These terms and conditions ("Agreement") apply to your purchase of any products ("Product") sold by Nokero, including its affiliates or subsidiaries. By placing your order for Product, you accept and are bound to the terms and conditions of this Agreement. THIS AGREEMENT SHALL APPLY UNLESS YOU HAVE A SEPARATE PURCHASE AGREEMENT WITH NOKERO, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN..
1. Other Documents
This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and Nokero. If you do not receive an invoice or acknowledgement in the mail, via e-mail, or with your Product, information about your purchase may be obtained by contacting Nokero through its website at the Customer Support link found at www.nokero.com/contact.php.
2. Pricing; Payment Terms; Orders; Quotes; Interest
Nokero may change its pricing at any time without prior notice to you, but such changes shall not affect any accepted orders. All product prices are exclusive of taxes and all handling or other charges, including (without limitation), brokerage fees, tariffs, taxes, and transportation charges. Terms of payment are within Nokero's sole discretion, and unless otherwise agreed to by Nokero, payment must be received by Nokero prior to Nokero's acceptance of an order. Payment for the products will be made by PayPal unless other payment terms have been agreed to in writing by Nokero. Your order is subject to cancellation by Nokero, in Nokero's sole discretion. Nokero is not responsible for pricing, typographical, or other errors in any offer by Nokero and reserves the right to cancel any orders arising from such errors.
3. Shipping Charges; Taxes; Title; Risk of Loss
Shipping and handling charges are not included in the price and are your responsibility unless otherwise expressly indicated at the time of sale. All shipments are FOB shipping point. Shipping costs and the risk of loss from FOB point are your responsibility. Nokero shall be permitted to make partial shipments of products. Delivery shall be deemed completed upon transfer of possession to the carrier at the FOB point. All claims for shortage of products ordered, for damaged products or for incorrect charges must be presented to Nokero within ten (10) calendar days after receipt by you. You are responsible for all applicable sales and other taxes, tariffs, costs and similar payments associated with the order. Shipping and delivery dates are estimates only.
UNLESS OTHERWISE NOTED, NOKERO WARRANTS PRODUCTS TO BE FREE OF DEFECT IN WORKMANSHIP AND MATERIAL FOR A PERIOD OF TWELVE (12) MONTHS FROM THE DATE OF SHIPMENT. YOU MUST MAKE ALL CLAIMS UNDER THESE WARRANTIES, AND NO CLAIM WILL BE ACCEPTED FROM A THIRD PARTY. WARRANTIES ARE NON-TRANSFERABLE. NOKERO WILL REPAIR OR REPLACE PRODUCT, PROVIDED YOU NOTIFY NOKERO OF DEFECT WITHIN WARRANTY PERIOD AND NOKERO PRE-AUTHORIZES RETURN OF PRODUCT AS OUTLINED IN “RETURNS” SECTION BELOW. ANY PRODUCT REPAIRED OR REPLACED UNDER WARRANTY IS ONLY WARRANTED FOR THE PERIOD OF TIME REMAINING IN THE ORIGINAL WARRANTY FOR THE PRODUCT. ALL REPAIRS ARE WARRANTED FOR A PERIOD OF NINETY (90) DAYS. NOKERO’S LIABILITY IS LIMITED TO THE REPLACEMENT COST OF PRODUCT. NOKERO IS NOT RESPONSIBLE FOR ANY DEFECT OR DAMAGE CAUSED BY IMPROPER USE OF THE PRODUCT OR DAMAGE TO THE PRODUCT CAUSED BY USER. NOKERO IS NOT RESPONSIBLE FOR CONSEQUENTIAL DAMAGES. EXCEPT FOR THE WARRANTIES STATED HEREIN, NO WARRANTY, CONDITION OR REPRESENTATION, EXPRESS, ORAL, OR STATUTORY, IS PROVIDED TO YOU OR ANY THIRD PARTY, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY REGARDING PERFORMANCE OF THE PRODUCT, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE; OR (B) THAT THE PRODUCTS WILL BE FREE FROM INFRINGEMENT OR VIOLATION OF ANY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, OF THIRD PARTIES. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY HEREIN FAILS OF ITS ESSENTIAL PURPOSE. NOKERO WARRANTIES ARE EFFECTIVE ON PAYMENT IN FULL, AND NOKERO IS NOT OBLIGATED TO HONOR ANY WARRANTY UNTIL NOKERO RECEIVES PAYMENT IN FULL.
5. Return Policies; Exchanges.
Except for a return of product due to a warranty issue, no returns are allowed. All sales are final.
6. Changed or Discontinued Product.
Nokero's policy is one of ongoing update and revision. Nokero may revise and discontinue Product at any time without notice to you and this may affect information saved in your online "cart." Nokero will ship Product that has the functionality and performance of the Product ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. Parts used in repairing or servicing Product may be new, equivalent-to-new, or reconditioned.
7. Limitation of Liability.
NOKERO DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT MEETING CERTAIN PERFORMANCE STANDARDS OR BEING AVAILABLE FOR USE, LOST PROFITS, OR LOSS OF BUSINESS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NOKERO WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, NOKERO IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
8. Compliance With Laws.
You agree to comply with all applicable rules, laws and regulations of the location or jurisdiction to which the Product is shipped and in which the Product is used. You shall obtain all licenses, permits and approvals required by any government and shall comply with all applicable laws, rules, policies and procedures of the applicable government and other competent authorities. You shall indemnify and hold Nokero harmless for any violation or alleged violation of such laws, rules, policies, or procedures. You shall not export or re-export, directly or indirectly, separately or as part of any system, the Products or any technical data received from Nokero, without first obtaining any license required by the applicable government and/or any other applicable competent authority. You also certify that none of the products or technical data supplied by Nokero will be sold or otherwise transferred to, or made available for use by or for, any entity that is engaged in the design, development, production, or use of nuclear, biological, or chemical weapons or missile technology.
9. Governing Law.
THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND NOKERO arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, Nokero's advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF HONG KONG WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES THAT MAY CAUSE THE LAW OF ANOTHER JURISDICTION TO APPLY. The parties specifically disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods.
10. Dispute Resolution and Binding Arbitration.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND NOKERO, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "Nokero") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Nokero's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) or JAMS. Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. Consumer claimants (individuals whose transaction is intended for personal family or household use) may elect to pursue their claims in small-claims court rather than arbitration. The arbitration or small-claims court proceeding will be limited solely to the dispute or controversy between customer and Nokero. In any dispute, NEITHER CUSTOMER NOR NOKERO SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The individual (non-class) nature of this dispute provision goes to the essence of the parties' dispute resolution agreement, and if found unenforceable, the entire arbitration and dispute resolution provision shall not be enforced. The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Nokero will be responsible for paying any individual consumer's arbitration fees. If any customer prevails on any claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO SUCH A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. For information on AAA or JAMS, contact the following: American Arbitration Association, 335 Madison Avenue, 10th Floor, New York, NY 10017, www.adr.org; JAMS, 45 Broadway, New York, NY 10005, (800) 352-5267, www.jamsadr.com.
For information on AAA or JAMS, contact the following:
American Arbitration Association, 335 Madison Avenue, 10th Floor, New York, NY 10017, www.adr.org; JAMS, 45 Broadway, New York, NY 10005, (800) 352-5267, www.jamsadr.com.
Privacy Statement Regarding Customer and Online user information
The Privacy Statement Regarding Customer and Online User Information applies to Nokero International Limited (“Nokero”) and its worldwide corporate affiliates ("we" or "our"). This privacy statement does not apply to the websites of our business partners or to any other third parties, even if their websites are linked to our website. We recommend you review the privacy statements of the other parties with whom you interact. This privacy statement governs personal information we collect from our customers and online from our website users ("you"), through Nokero products, services, websites, contacts, or our relationship with you.
For the purposes of this privacy statement, "corporate affiliates" means any entity or joint venture that owns or is wholly or partially owned or controlled by Nokero or is under common control. "Business partners" means any subcontractor, vendor or other entity with whom we have an ongoing business relationship to provide products, services, or information. "Personal information" means information which identifies you, such as your name, telephone number, and email address.
Information We Collect
We may ask you to provide personal information when you • Use our website; • Request quotes, services, support, or information; • Place orders for products or services; • Participate in surveys, sweepstakes, or other promotional activities; • Subscribe to newsletters, promotional emails, or other materials; • Apply for a job, submit your resume/CV, or create a candidate profile; or • Contact us. Information we may request includes your email address, name, physical address, and telephone number. If you make a purchase, we may ask for your credit card number and billing information or you may be routed to another site to process the transaction. We may also ask for other personal data to process your request. Job applicants may be requested to provide information such as educational background, employment experience, and job interest. We may also collect demographic information, such as your business or company information, age, gender, interests, preferences and favorites. Forms that you may fill in will indicate whether information requested is mandatory or voluntary.
We may collect information about your visits to our websites, including the pages you view, the links and ads you click, search terms you enter, and other actions you take in connection with the Nokero websites and services. We may also collect certain information from the browser you used to come to our website, such as your Internet Protocol (IP) address, browser type and language, access times, the Uniform Resource Locator (URL) of the website that referred you to our website and to which URL you browse away from our site if you click on a link on our site.
In order to offer you a more consistent and personalized experience in your interactions with Nokero, information collected through one source may be combined with information obtained through other Nokero resources. We may also supplement the information we collect with information obtained from other parties.
Some Nokero products may be co-branded and offered in conjunction with another company. If you register for or purchase such products, both Nokero and the other company may receive information collected in conjunction with the co-branded products, and may use the information according to each company's privacy statement and other agreements with you.
How We Use Personal Information
Nokero uses your personal information to:
- Deliver the Products, or carry out, the transactions you have requested;
- Send communications to you, such as product safety information, your transactions status (for example, order confirmations), information about products and services available from Nokero and its corporate affiliates, promotional offers, and surveys;
- Customize, analyze, and improve our products, services (including the content and advertisements on our website), technologies, communications and relationship with you;
- Enforce our conditions of sale, website terms and/or separate contracts (if applicable) with you;
- Prevent fraud and other prohibited or illegal activities;
- Protect the security or integrity of the website, our business, or our products or services; or
- Otherwise, as disclosed to you at the point of collection.
Personal information collected may be stored and processed in the United States or any other country in which Nokero or its corporate affiliates, subsidiaries or agents maintain facilities, and by using Nokero products and services (including our website), you consent to any such transfer of information outside of your country. Disclosing Personal Information
We may share your personal information with corporate affiliates to carry out transactions you request or to make our business or that of our corporate affiliates more responsive to your needs. We may also disclose your personal information in connection with law enforcement, fraud prevention, or other legal action; as required by law or regulation; or if Nokero reasonably believes it is necessary to protect Nokero, its customers, or the public. In addition, we may share your personal information with business partners or providers of support services that help Nokero carry out transactions you request or that help Nokero to customize, analyze, and/or improve our communication or relationship with you, and then only with business partners who share Nokero's commitment to protecting your personal information. Except as described above, we will not disclose your personal information to third parties for their own marketing purposes unless you have provided consent.Opting Out of Communications
At any time, you may choose to no longer receive marketing communications from Nokero by contacting Nokero customer support through the Nokero web page. Please allow up to 10 business days for your request to take effect. Because some promotions, such as direct mail catalogs, are developed in advance, you may sometimes receive solicitations after we receive your request.
How We Secure Your Personal Information
Nokero is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure, such as encryption, passwords, physical security, etc. While we strive to protect your personal information, Nokero cannot ensure or warrant that the personal information or private communications you transmit to us will always remain private, and you do so at your own risk.If a password is used to help protect your accounts and personal information, it is your responsibility to keep your password confidential. Do not share this information with anyone. If you are sharing a computer with anyone you should always log out before leaving a site or service to protect access to your information from subsequent users.
Collection and Use of Children's Personal Information
Nokero takes children's privacy seriously. We do not knowingly collect personal information from children under the age of 13 through our websites. If you are under 18 years of age, please do not submit any personal information through our websites without the express consent and participation of a parent or guardian.
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to sign in or use other interactive features of Nokero web sites and services that depend on cookies.
How We May Use Web Beacons
Nokero or third parties with whom we have contracted or sub contracted, may use web beacons on our web site, in our emails, in our advertisements on other web sites, or in our advertisements in others' emails. Similarly, third parties whose content or ads appear at Nokero.com, or whose emails Nokero.com sends to our users, may also place web beacons in their ads or emails for purposes of measuring the effectiveness of the content, ads, or email. A web beacon is an electronic image that can be used to recognize a cookie on your computer when you view a web page or email. Web beacons help us measure the effectiveness of our web site and our advertising in various ways. For example, web beacons may count the number of individuals who visit our web site from a particular advertisement or who make a purchase from our web site after viewing a particular advertisement or they may tell us when a web page is viewed and provide a description of the page where the web beacon is placed. Web beacons may also measure the effectiveness of our email campaigns, by counting the number of individuals who open or act upon an email message, determining when an email message is opened, and determining how many times an email message is forwarded.
The information we collect through web beacons may include some limited personal information, and web beacons allow us to recognize users by accessing Nokero cookies. We may also combine the information that we collect through web beacons with other personal information we have collected from you. We use all of this information to better tailor our marketing to you and may use this information for other purposes, such as to enable a shopping cart, customize content on our web site and undertake internal research.
We prohibit web beacons on our sites from being used by third parties to access your personal information. We may allow third parties to compile individual information or aggregated statistics from the use of web beacons on Nokero.com by Nokero, its agents, or others, to enable such third parties to determine the effectiveness of online marketing and to allow such third parties to develop statistics on how often clicking on an advertisement results in a purchase or other action on the advertiser's site. Aggregate information is anonymous and may include demographic and usage information. No personally identifiable information about you is shared with partners for this research.
You can make some web beacons unusable by rejecting cookies.
Third-Party Websites and Services
Please be aware that other websites, including websites used to process transactions, that may be accessed through our website may collect personally identifiable information about you. The information practices of those third-party websites linked to Nokero.com are not covered by this privacy statement.
Please be aware that, in providing services on Nokero's behalf, our business partners may collect personal information about you.
Changes to Our Privacy Statement Regarding Customer and Online User Information
We will occasionally update this privacy statement. If we make changes to the Privacy Statement Regarding Customer and Online User Information or make any material changes to how Nokero will use your personal information, we will revise the Privacy Statement to reflect such changes and revise the statement's effective date, included at the end of this section. We encourage you to periodically review this statement to be informed of how Nokero is protecting your personal information.
If you would like to contact us for any reason regarding our privacy practices, please write to us at the customer support link on our web page or at the following address: Nokero International Limited Suite 809, World Commerce Centre Harbour City, 7-11 Canton Road Tsimshatsui, Hong Kong Have more questions about Nokero? Contact us