What are your Consumer Terms & Conditions?
• What World-Buy.com Consumer terms & conditions are?
Consumer terms and conditions
Please read these terms and conditions carefully before placing your order and retain a copy of these terms and conditions and your order for future reference
In these terms and conditions:
a. we, us and our refer to First Capital Card and Marketing Corp (registered in the State of Nevada and New Jersey with its registered address
b. 996D Village Drive East
NJ 08902 USA
c. you and your refer to the purchaser of any goods from us
d. contract means the contract between you and us for the sale by us to you of goods
e. goods means any goods or services you order from us
f. order means an order placed by you with us for the purchase of goods by clicking "place order" on the checkout page
g. consumer means any natural person who, when placing an order with us, is acting for purposes which are outside his or her trade, business or profession
h. checkout page means the page on our website entitled "checkout" which gives details of the goods, delivery address and options, payment method and a "place order" icon
i. Website means our website at www.World-Buy.com.
2. Business sales
If you order goods other than as a consumer (eg because you are a business) then:
these terms and conditions do not apply; and
Our business terms and conditions shall apply to your order and any resulting contract between you and us.
Terms of the contract
If you place an order for goods as a consumer, these terms and conditions apply to your order and to the contract between you and us.
We may change these terms and conditions at any time. Any changes will apply to any orders that you place after the time that we update the terms and conditions on our website. The changes will not apply to any order that you place before we make the changes on our website.
We have taken care to ensure that our website (including the help pages) and these terms and conditions do not contradict each other. However if there are any inconsistencies or contradictions then these terms and conditions shall apply instead of any contradictory or inconsistent part of our website.
When the contract is created
No contract exists between you and us until we notify you that we have accepted your order and delivered the goods.
We are not obliged to accept your order.
Description and price of the goods
We make every effort to ensure that prices and descriptions of goods shown on our website are accurate at the time you place your order.
The price of the goods will be as shown on the checkout page of our website when you placed your order. We will charge you this amount.
You must also pay a delivery charge for the goods as indicated on our website at the checkout page.
In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund.
we will deliver the goods that you order to the delivery address you give when you place your order.
Once we accept your order, we will Endeavour to deliver the goods within the delivery period that applies to the option you have chosen. If we do not come to the delivery address within the applicable delivery period and you have given us the correct full delivery address then you may apply for a refund of the delivery charge.
If there is no one available to accept the delivery when our courier arrives, the courier will keep the goods for up to two weeks and you can arrange for a new delivery date. After two weekss we may treat the order as cancelled by you. In this case we will refund the price of the goods, but we shall be entitled to keep the amount you paid for delivery.
If you give us an incorrect or incomplete delivery address and as a result we try but are not able to make the delivery, we may treat the order as cancelled by you. In this case we will refund the price of the goods, but we shall be entitled to keep the amount you paid for delivery.
If some of the goods you ordered are not available we may deliver part of your order. We will deliver the rest of the order as soon as possible afterwards.
Your right of cancellation under the Distance Selling Regulations
You may cancel the contract under the Distance Selling Regulations by notifying us no later than 7 working days after we deliver the goods that you are cancelling the contract. We strongly recommend that you do this by using our on-line returns tool - see our website for details.
You may not cancel your contract with us under the Distance Selling Regulations where any audio or video recordings or computer software has been unsealed by you.
If you cancel the contract under the Distance Selling Regulations, you must take reasonable care of the goods from the time you receive them until you return them to us.
If you cancel the contract under the Distance Selling Regulations you must return the goods to us at your own expense.
If you cancel the contract under the Distance Selling Regulations and do not return the goods as required, we may charge you our direct costs of recovering the goods.
Faulty goods in these terms and conditions, faulty goods mean any goods we supply to you that do not conform to the contract. Faulty goods does not include any goods that are faulty due to fair wear and tear, willful damage, accident, negligence by you or any third party, use otherwise than in accordance with their intended use, failure to follow the manufacturer's or our instructions, or any alteration or repair carried out without the prior approval of us or the manufacturer.
You should notify us as soon as possible if you discover that any goods are faulty goods.
Our website gives details of how to notify us of any faulty goods and how to arrange for the problem to be resolved. We strongly recommend that you use our on-line returns tool (see our website for details).
If you return goods because you think they are faulty goods, we may charge you the cost of all transport and our actual costs and expenses in the event that the goods are not in fact faulty goods.
Returning goods – general
When you return goods to us for any reason (for example because you have cancelled the contract under the Distance Selling Regulations or because you think they are defective goods):
o you must ensure that they are properly and securely packaged and labeled with our address;
o you are always responsible for any damage in transit that is due to incorrect or inadequate packaging by you; and
o You are responsible for any damage or loss in transit where you arrange the transport (rather than using our courier).
We shall not be liable for any failure to perform, or delay in performing, any of our obligations under the contract if and to the extent that the failure or delay is caused by circumstances beyond our control.
Limitation of liability
We shall not be liable to you for any loss or damage:
o where there is no breach of a legal duty owed to you by us or by our employees or agents;
o where such loss or damage is not reasonably foreseeable to us when we accept your order; or
o to the extent that any increase in loss or damage results from breach by you of any term of the contract.
Our maximum liability to you under the contract shall be twice the value of the goods that you ordered.
Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation or for any other liability that we are not permitted by law to exclude or (as the case may be) limit.
These terms and conditions do not affect your statutory rights.
Images of goods on our website are for illustrative purposes only and may differ slightly from the actual goods.
If this transaction involves an export under the U.S. export regulations, the commodities, technology and/or software sold or distributed under these terms and conditions of sale exported from the United States by World-Buy.Com.com were exported in accordance with such regulations. Diversion, use, export or re-export contrary to United States law is prohibited. The commodities, technology and/or software sold or distributed under these terms and conditions of sale may not be exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan, North Korea or Syria or to entities and persons that are ineligible under United States law to receive United States commodities, technology and/or software. In addition, manufacturers' warranties for exported products may vary or may be null and void for products exported outside the United States. DISPUTE RESOLUTION
AGREEMENT TO RESOLVE ALL DISPUTES THROUGH ARBITRATION OR IN SMALL CLAIMS COURT AND AGREEMENT TO WAIVE A RIGHT TO JURY TRIAL AND TO PARTICIPATION IN CLASS ACTIONS
You and World-Buy.com agree to resolve any controversy, dispute, or claim arising out of or relating to your purchase of any product or service from World-Buy.com.com by binding Arbitration administered by the American Arbitration Association, or in a small claims court, and judgment on the arbitration award rendered by the Arbitrator(s) may be entered in a court having competent jurisdiction. This agreement to arbitrate is intended to be broadly interpreted and covers all controversies, disputes, claims arising out or relating to your purchase including, but not limited to contract claims, tort claims and statutory claims, or any combination of claims. We agree that the arbitration or small claim proceeding will take place in North Brunswick, New Jersery.
We agree that the American Arbitration Association shall administer the arbitration, and that the American Arbitration Association's Commercial Arbitration Rules and Mediation Procedures and Consumer Related Disputes Supplementary Procedures, if applicable, shall apply. These Arbitration Rules may be found on the American Arbitration Association's web site at www.adr.org . You and World-Buy.com agree that the Arbitration Award maybe taken to a Court of competent jurisdiction to become an enforceable judgment. You and World-Buy.com agree that any arbitration under this Agreement will take place on an individual basis. Class arbitrations and class actions are not permitted.
If you wish to begin arbitration against World-Buy.com you must file a case with the American Arbitration Association. You may visit the American Arbitration Association's web site at www.adr.org to obtain forms and guidance and to learn the procedure for filing a case under this Arbitration Agreement.
This Arbitration Agreement affects you legal rights. Arbitration is resolved by a neutral party and not a judge or jury. There is less discovery and less exchange of information between the parties to an arbitration than might occur in a court proceeding. An arbitration award is final and binding and will only be overturned or reversed by a court in very limited circumstances. You agree that, by entering into this Agreement, you and World-buy.com are each waiving the right to a trial by jury or to participate in a class action.