
 This Agreement describes the terms and conditions applicable to your use of the BestSellersExchange.Com.Our Terms and Conditions 1. All books, tapes, games, CDs and DVDs must be in their original case (games may be in replacement plastic cases but must have instructions), books must have jackets. Tapes, games and DVDs must be in 100% working order. All items must be very clean and neat. 2. Copies, reproductions, black market merchandise etc. is not allowed. 3. All merchandise must be sent Priority mail within 48 hours (this will be shown on the postmark of the envelope) of the exchange being made.
What to do if you are not happy with an exchange. Top 1. If your merchandise does not arrive by the end of the 7th day you will need to do the following. Notify us within 24 hours via E-mail. We will then send you the merchandise that you did not receive. 2. If you are unhappy with the condition of the merchandise you received we must be notified with 48 hours of your receiving it via E-mail. Please tell us what is wrong with the merchandise. You are to return the merchandise and the priority mail envelope it came in to us via Priority mail. Once we receive the merchandise from you we will send you a replacement.
Other things we agree on: Top 1. I understand that that my name and full address are going to be sent to the person who is exchanging merchandise with me. I also understand that I will receive their name and address. I will use care when addressing the priority mail envelope so that it is not delayed because of human error. 2. If an exchange fails because of human error on my part (failure to send merchandise on time, sending broken merchandise, not addressing envelopes correctly) I may either reimburse (via credit card) the BestSellersExchange.Com their cost to remedy the error and retain my membership and points or I agree to forfeit my membership and remaining points. We will send you an Email, if you fail to respond within 24 hours we will cancel your membership and remaining points. 3. The BestSellersExchange. Com reserves the right to cancel your membership without refund if you fail to follow the rules outlined above or below. 4. Membership fees and exchange credits are non refundable. 5. The BestSellersExchange.Com reserves the right to make final judgment in any dispute. Exchange items to be clean, top notch condition and in original case/jacket.Shipped Priority mail within 48 hours of exchange.
A few pointers to avoid problems: Top Remove items from the exchange if you are not going to have access to the item or email for a period of time (think vacations!) Mail items promptly. Treat people you are exchanging with the way you would like to be treated!
The Legal Terms and Conditions Top We may amend this Agreement at any time by posting the amended terms on our site. Amended terms shall automatically be effective 14 days after they are posted on our site.
Membership Eligibility. Top Our services are available only to individuals who can form legally binding contracts under applicable law. If you do not qualify, please do not use our services.
Fees and Services. Top We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the website.We may at our discretion change some or all of our services at any time. All fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.
In the event that you have a dispute with another user, you release the BestSellersExchange.Com (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Use caution, common sense, and practice safe exchanging when using our site. There is no reason why you should have any personal or verbal contact with the person you are exchanging items with.
Exchanging. Top You are obligated to complete the exchange transaction. By offering an item for exchange you agree to be bound by the conditions of exchange. Exchanges are not retractable.
Without limiting any other remedies, the BestSellersExchange.Com may suspend or terminate your account if you are found (by conviction, settlement, investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.
Breach. Top Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement ;(b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability.
Liability Limit. Top IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT.
No Warranty. Top WE PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $30. Some states do not allow the limitation of liability, so the limitation may not apply to you.
Legal Compliance. Top You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your exchanging of items.
Indemnity. Top You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents,stock holders and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Arbitration. Top Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Danbury, Connecticut, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
Notices. Top Any legal notices shall be given by postal mail to BestSellersExchange.Com. Attn: Legal Department 37 Joes Hill Road, Danbury, CT 06811.
General. Top This Agreement shall be governed in all respects by the laws of the State of Connecticut as such laws are applied to agreements entered into and to be performed entirely within Connecticut between Connecticut residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. |