ARTICLE 1: SCOPE
1.1 These terms and conditions ("T&Cs") govern all the sales of products (the "Products") as offered on the website https://nexelec.com by Nexus Electronics LLC (the "Website").
1.2 Placing an order for Products entails the Customer's full and unreserved adherence to these T&Cs. In accordance with the law, these T&Cs constitute the basis of the commercial negotiation and consequently prevail over any contradictory provisions that may derive from the Customer.
ARTICLE 2: DEFINITIONS
"Customer": Any legal entity or natural person purchasing Products from the Seller.
"Order": Action for the Customer to accept these T&Cs by ticking the box "I have read and I accept the terms and conditions", select a Product on the order page and validate the order process up to payment, according to the conditions set out in Article 3.
"Intellectual Property Rights": any information belonging to the Seller or to any other person and in particular patents, trademarks, designs and models, whether registered or not, logos, trade names, trade secrets, copyrights, inventions, methods and original know-how, databases, technical, commercial or financial information or any other intellectual property right that is subject to protection in one or more countries.
"Party": the Customer on the one hand, and the Seller on the other hand, referred to jointly as the "Parties".
"Products": the Products provided and marketed by the Seller, as presented on the Website.
"Website": the website https://nexelec.com.
"Seller": the company Nexus Electronics LLC, specializing in stocking obsolete and/or hard to find products based off OEM surplus inventory.
ARTICLE 3: ORDERS
3.1 The Order is placed with the Seller by the Customer by selecting one or more Products which, in accordance with the selection, the Customer places in his/her "Cart".
3.2 Before validating the Order, the Customer shall expressly accept these T&Cs, by ticking the box "I have read and I accept the terms and conditions of sale".
3.3 In order to ensure a secure payment from Customers on the Website, the Order is only validated after the Customer provides the information required for the successful payment authorization of his/her Order.
This information is as follows:
Customer's name, billing address, email address, telephone number, and delivery address and recipient’s telephone number.
3.4 The Customer warrants the accuracy of all this information. Should all or part of the delivery addresses prove incorrect, thereby obliging the Seller to return the orders to its warehouse, the Customer shall bear the consequences thereof and the Seller shall be entitled to charge administrative and transportation costs associated with returning the Orders.
3.5 The Customer's Order shall be systematically confirmed via email, at the address indicated by the Customer when placing the Order. This confirmation email shall include, in particular, an invoice in the Customer's name, summarizing the identifying features of the Order.
3.6 In order to track the Order, the Customer may contact the Seller's customer service department at the following email address: contact@nexelec.com
3.7 The Seller reserves the right to refuse an Order from a Customer with whom there is a dispute over the fulfillment or payment of a previous Order or when the Customer has not complied with these T&Cs.
ARTICLE 4: PRODUCT AVAILABILITY
4.1 The Order is placed subject to the availability of the Seller's stocks. In case of shortage of supply, the Seller shall inform the Customer via email of the additional delay associated with a new production, partial delivery or cancellation of the Order.
On receipt of this information, the Customer may be reimbursed for the price of the unavailable ordered Product within thirty (30) days of his claim.
4.2 In case of shortage of supply, the Seller cannot be held liable for the physical impossibility of honoring the Order. Where applicable, the Seller agrees to reimburse the Customer for the costs corresponding to the partial or total cancellation of the Order, in proportion to the cancelled portion of the Order, including the corresponding postage costs. The same shall apply for any additional delivery costs due to this cancellation.
ARTICLE 5: DELIVERY
5.1 The Products are delivered to the delivery address indicated when placing the Order. In order to optimize the delivery, it is advisable to provide an address to which the Order may be delivered during working hours.
5.2 The delivery times indicated are average delivery times, provided for information only, and may vary according to the destination.
ARTICLE 6: PRICES
6.1 The prices are indicated on the Website in USD, including all taxes applicable, processing and delivery costs.
6.2 The prices indicated may be changed at any time without advance notice. However, the Products shall be charged at the rate in force when the Order was validated.
ARTICLE 7: PAYMENT
7.1 The Order shall be paid for by payment card once the Order has been validated. The Customer's account shall be authorized immediately after acceptance of these T&Cs and validation of the Order, when the confirmation email is sent.
7.2 The Customer warrants that he/she has the necessary rights to use his payment card and that he/she is fully authorized to use it to pay for the Order. He/she also warrants that this card gives access to sufficient funds corresponding to the amount of the Order. Failing this, the Seller reserves the right to cancel the sale according to the conditions set out in Article 10.
7.3 For its part, the Seller uses a secure payment method. Consequently, it cannot be held liable for any fraudulent or improper use of the Customer's means of payment, over which it has no control.
ARTICLE 8: PRODUCTS COMPLIANCE
8.1 Upon each delivery of Products, the Customer must immediately check that the delivery received complies with the Order placed. This check shall be carried out using criteria which, unless specifically agreed in writing, are as follows: compliance with the place and method of delivery, compliance with the type and quantity of Products delivered in relation to the quantity accepted and acknowledged by the carrier when loading, and the condition of the packing boxes.
8.2 Should the Product delivered to the Customer not comply with the Order, the Customer may return it to the Seller.
8.3 If non-compliance is proven and confirmed by the Seller, the Customer may ask the Seller:
either to have a Product delivered which complies to the one ordered (provided it is in stock);
or to have a Product of equivalent quality and value delivered (provided it is in stock);
or to be refunded for the price of the Product within thirty (30) days of his claim.
8.4 In the event of proven non-compliance, the return costs of the Product ordered and delivered to the Customer, in addition to any delivery of another Product, shall be borne by the Seller.
ARTICLE 9: USE OF THE WEBSITE AND PERSONAL INFORMATION
9.1 The use of the Website shall not confer any rights. All products are not warranted by the manufacturers of the products.
9.2 Access to the Website is provided on an "as is" basis, accessible according to its availability and with no guarantee from the Seller. It shall be used at the user's risk. The Seller does not warrant that (i) the Website, the content and Products offered shall fully meet the user's expectations, or (ii) the Website shall be uninterrupted and free from all errors.
9.3 Computerized registries are kept in the Sellers' IT systems under reasonable conditions of security as proof of communications, orders and payments made by the Customer. Purchase orders and invoices are filed on a reliable and durable medium. [The Seller shall take all steps to ensure the confidentiality of Internet exchanges and transactions.
9.4 All products are OEM surplus and are original and unused. Nexus Electronics LLC may repackage products upon shipment at their discretion.
ARTICLE 10: LIABILITY
11.1 In any case, the amount of the Seller's liability to payment of compensation for the sole cases of direct damage is limited to the total amount of the Orders actually paid for by the Customer.
11.2 Neither is the Seller liable for the content of Websites on which hypertext links may redirect away from its own Website.application of these ST&Cs.