Please read these Terms of Use carefully about ElumTac (“ElumTac”, “we,” “us” or “our”) that govern your use of ElumTac websites and mobile applications (together with the “Platforms”). In these Terms of Use, we use the term “ElumTac”, (“we”, “us”, and “our”) to refer to the legal registered company/entity of ElumTac.
Please read these Terms of Use carefully before using the Platform. By using the Platform, you signify your assent and agreement to these Terms of Use. If you do not agree to these Terms of Use, then you are not authorized to continue the use of the Platform.
We reserve the right to change or modify these Terms of Use at any time and our sole discretion. If we make changes to these Terms of Use, we will post the amended Terms of Use to the Site and update the “Last Updated” date above. We encourage you to review these Terms of Use before making any actions and purchases through the Site to ensure that you understand the terms and conditions that apply to your use.
UPDATES TO THESE TERMS OF USE
We may make changes from time to time to these Terms of Use so please check back regularly to keep informed of updates. The latest version of these Terms of Use will always be available on the Platform. Any new version of these Terms of Use shall take effect and will govern the use of the Platform and your relationship with us immediately upon the date of posting. By continuing to use the Platform, you agree to be bound by the terms of these updates and amendments.
USE OF MATERIALS ON THE PLATFORMS
ElumTac has created its various Platforms to provide information about itself and products for your personal use. Whilst considerable effort has been made to ensure that the visual representations of ElumTac products displayed on the platforms are representative of the color, design, and style, etc. of the original products, slight variations, distortions, and/or differences may be apparent when compared to the original product. This may, for example, be due to technical issues such as your browser or computer settings. Accordingly, ElumTac cannot be held liable for any apparent differences in the product images represented on the Platforms and the original products.
You may download computer copy or print copy of the material made available to you via the Platforms, for your own non-commercial, educational, private or domestic use only, provided that proprietary notices, in particular intellectual property notices such as copyright©, trademark™, are preserved intact and are not modified, deleted or changed. Unless otherwise stated, you should assume that everything that you see or read on the Platforms (such as images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials) (“ElumTac Material”) are protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide.
You are not authorized to sell, reproduce, distribute, communicate, modify, display, publicly perform, report, or otherwise prepare derivative or secondhand works based on or use any ElumTac Material in any way for any public or commercial purposes. Furthermore, ElumTac Material may not be displayed or communicated on any other platform, in a networked computer environment, or on any other digital platform for any purpose whatsoever. In the event of a breach of any of these Terms of Use, your permission to use ElumTac Material will automatically terminate and any copies made of ElumTac Material must be immediately destroyed. Any unauthorized use of ElumTac Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
YOUR SUBMISSIONS AND UNSOLICITED COMMUNICATIONS
This section concerns communications sent to ElumTac. It does not concern the communication of personal information to ElumTac concerning customer inquiries, the use of services, or the purchase of products by phone or through the Platform. The latter is governed by the rules stipulated in the Privacy Policy.
Any unsolicited communication or material that you transmit to ElumTac via the Platforms or through social media, by electronic mail or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by ElumTac. By sending communications to ElumTac, you automatically grant ElumTac a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known or hereafter developed and to sublicense such rights to anyone. Anything that you transmit may be used by ElumTac and its affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.
Furthermore, ElumTac enjoys a worldwide reputation for both the design and manufacture of Woven Products and Fabrics, to this end, it possesses its sources of creativity, in particular highly skilled teams of designers who conceive and perfect ElumTac’s creations. Yet ElumTac is open to accept unsolicited proposals of collaboration.
TRADEMARK NOTICE
In general, all trademarks, logos, and service marks (collectively the “Trademarks’ ‘) that appear on the Platforms are registered, unregistered, or otherwise protected ElumTac trademarks or are licensed for use by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Platforms should be construed as granting, by implication or otherwise, any license or right to use any trademark without ElumTac’s prior written permission or that of such a third party who owns the trademark. Misuse of any trademark displayed on the Platforms, or any other content on the Platforms, except as provided herein, is strictly prohibited.
COPYRIGHT NOTICE
All content (including ElumTac Materials) on the Platforms are either Copyright © ElumTac or are licensed. All rights are reserved. Please refer to the section above on the Use of Materials on the Platforms.
TERMINATION AND SUSPENSION
You agree that ElumTac may terminate or suspend your access to and use of the Platforms if ElumTac reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or violated the rights of ElumTac, or any third party, with or without notice to you. You agree that ElumTac may modify or discontinue providing any of the Platforms, with or without notice to you. You agree that ElumTac will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled “Limitation of Liability” and “General provisions” will survive termination of these Terms of Use.
GENERAL PROVISIONS
Unless otherwise specified, the information and materials presented on the Platforms are presented solely to promote ElumTac’s products and services and in certain cases to present products for sale via a variety of means. ElumTac makes no representation that ElumTac Material is appropriate or available for use in every country of the world. You are responsible for compliance with applicable local laws, keeping in mind that access to ElumTac Material may not be legal by certain persons or in certain countries. Our products are available in many parts of the world. However, the Platforms may identify products that are not available worldwide.
If any provision or part of a provision, of these Terms of Use is found to be illegal, invalid, or unenforceable, that provision or part-provision shall be deemed not to form part of these Terms of Use, and the legality, validity, or enforceability of the remainder of the provisions of these Terms of Use shall not be affected, unless otherwise required by operation of applicable law.
These Terms of Use constitute the entire agreement between you and us about the use of the Platform and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, about such subject matter.
The waiver by ElumTac of a breach of any provision of these Terms of Use will not operate to be interpreted as a waiver of any other or subsequent breach.
APPLICABLE LAW AND JURISDICTION
These Terms of Use shall be governed by and construed following the laws of Pakistan, without reference to conflict of law’s provisions. Any dispute, controversy, or claim arising out of or about the Terms of Use, including the validity, invalidity, breach, or termination thereof, shall be adjudicated or arbitrated by said Terms of Use. Where the laws of Pakistan are different from the mandatory consumer laws in your own country, we will afford you similar protection.
LEGAL DISCLOSURE
ElumTac’s products and services are available only from ElumTac in Pakistan. Its products and services are only affiliated with its legal entity of ElumTac.
Conditions of Sale
GENERAL
The following terms and conditions and any other related rules that are adopted by ElumTac and made available as provided therein (collectively, the “Conditions of Sale”) shall apply to all sales of products that you (the “Customer” or “you”) may order from ElumTac. A Private Limited Company organized and existing under the laws of Pakistan (“ElumTac”, or referred to herein as “us”, “our” or “we”) on the Internet via the ElumTac website, identified by the domain name www.elumtac.com, and any associated mobile or digital applications that refer to these Conditions of Sale (together, the “Platform”) or by phone via the client relations center of ElumTac (the “Client Relations Center”).
These Conditions of Sale apply to sales made through the Platform or by phone directly by individuals. The Conditions of Sale applicable to any order placed through the Platform are those in force at the time that an order has been placed at the time you place your order (in the case of an order placed through the Platform). In the case of an order placed through the Platform, when you check the “I have read and I accept the Conditions of Sale” box at the payment section of the Platform before placing your order with ElumTac, you indicate your acceptance of these Conditions of Sale. If you refuse to accept these Conditions of Sale, you will not be able to order any ElumTac products from the Platform.
Please read the Conditions of Sale and check our Platform regularly to be informed of any changes. ElumTac may modify the Conditions of Sale from time to time, at its sole discretion, and your continued use and/or registration following such change will signify your agreement to be bound in the future by the modified Conditions of Sale. If you are placing an order through the Platform, then by checking the “I have read and I accept the Conditions of Sale” box and placing your order, you will be indicating your agreement to be bound by the Conditions of Sale as modified through such time. Persons wishing to use the Platform will also be deemed, by such use, to have agreed to be bound by our Platform Terms of Use and our Privacy Policy, which are incorporated into these Conditions of Sale by reference. Customers using the Client Relations Center will be provided with access to our Privacy Policy as outlined in “Acknowledgment of Order” below. If you do not agree to any change to the Conditions of Sale, then you must immediately contact ElumTac to cancel your registration and refrain from ordering any ElumTac product through the Platform.
To summarize, please read these Conditions of Sale carefully before making an online purchase from ElumTac (“we,” “us” or “our”) through our website. By purchasing items through the Site, you agree to be bound by these Terms of Sale and our TERMS & CONDITIONS, which are incorporated by reference. If you do not agree to all of the terms and conditions outlined in these Terms of Sale, do not purchase any items through the Site.
We reserve the right to change or modify these Terms of Sale at any time and at our sole discretion. If we make changes to these Terms of Sale, we will post the amended Terms of Sale to the Site and update the “Last Updated” date above. We encourage you to review these Terms of Sale before making any purchase through the Site to ensure that you understand the terms and conditions that apply to your purchase.
PURCHASING ELIGIBILITY
Only individuals who (a) have reached the age of majority (eighteen in most countries) and (b) have the legal capacity to enter into contracts may order products through the Platform or direct contact with us. If you are under the age of majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Conditions of Sale. Any orders placed in violation of this provision shall be null and void.
PRODUCT AVAILABILITY; QUANTITY
All orders placed on the Platform are subject to availability and acceptance by ElumTac. All items offered for sale through the Site are subject to availability, and we reserve the right to impose quantity limits on any order, reject all or any part of an order, and discontinue offering items without prior notice, even if you have already placed an order for an item. All prices are shown in different currencies and Taxes (as defined below) and other charges, if any, are not included. All prices are subject to change without notice.
ElumTac reserves the right to change the assortment of items offered on Platform and may limit from time to time the quantity of ElumTac products that may be ordered by a customer in a single buying session, without prior notice.
ACCOUNT REGISTRATION; PERSONAL INFORMATION; GUEST CHECKOUT
To place an order on the Platform, you may either register and create an online account on the Platform or place an order as a guest without creating an online account by selecting the “Guest Checkout” option. To create this account, you will be required to provide valid and up-to-date personal information, such as your legal name, phone number, and email address, and to confirm that you have reached the age of majority.
If you select the “Guest Checkout” option, you will have the option to create your ElumTac online account upon receiving the Order Confirmation. Please note that in such a case, your ElumTac online account will not include transactions made before the creation of your account.
Upon completion of your account registration on the Platform, you will receive by email a one-time password, which will allow you to log in to your account on the Platform and create a permanent account login and password. You will also receive a second email summarizing the personal information you provided in registering for your online account. You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. ElumTac will not be held responsible or liable for any misuse of your account in connection with, and/or resulting from, a third party’s access to and use of your password and account login.
Please refer to our Privacy Policy and Conditions of Sale for more details about how we may use your personal information. If you select the “Guest Checkout” option on the Platform, your online account will not be created and we will not use your personal information for any purpose other than in connection with processing your order.
When placing an order on the Platform you will be required to provide other personal information as applicable, such as shipping address, billing address, and payment details. Additional information may be collected by ElumTac or its third-party providers at this time for security and anti-fraud purposes. You represent and warrant that the personal information you provide to the Client Relations Center or via the Platform is true, valid, complete, and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided. Should any of the information you provide on the Platform change, please log in to your account and update such information directly on the Platform, inform us as set out in our Privacy Policy.
ORDERS
If you are ordering on the Platform, orders will be processed as follows: Once you have chosen a product, click on the “Add to Shopping Bag” icon to place this product in your shopping bag. You may then decide to continue shopping for other products and add them to your shopping bag (subject to availability and quantity limits) or proceed to “Checkout” by clicking on this button. You may also remove one or several products you have selected by clicking on “X” next to the chosen product in the Shopping Bag. Once on the payment page, review your order details and personal information (including email, shipping address, billing address, and payment information), check the box next to “I have read and I accept the Conditions of Sale”. Then, click on “Pay Now” to place your order.
Notwithstanding anything to the contrary provided for herein, ElumTac reserves the right to refuse, cancel and terminate orders at any moment in time. For example, ElumTac may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if ElumTac suspects, in its sole discretion, that you have engaged in fraudulent or grey market activities or have otherwise violated these Conditions of Sale.
PRICES, TAX, AND SHIPPING COSTS
All prices shown on the product pages of the Platform or quoted by us are in different currencies. ElumTac reserves the right to modify prices at any time without prior notice. Actual shipping costs and applicable taxes will be reflected on your payment page before you are asked to confirm and place your order (in the case of a Platform order) and will also be reflected in the Confirmation of Order. Delivery costs, if any, are described in the shipping policy set forth below. Sales and use taxes will vary based on the location to which products are being shipped. Delivery costs and estimated sales and use taxes are not stated on the product pages but will be added to the product price, if applicable after you have chosen your delivery location and options. The actual sales tax associated with your purchase will be calculated at the time when your order is to be shipped, at which point you will receive a Confirmation of Order. Please note that changes to applicable law between the date your order is placed and the date you are sent a Confirmation of Order may result in changes to the sales tax associated with your purchase. If the resulting change is an increase in the sales tax you are charged, we will contact you and ask that you reconfirm your purchase. Please note that if you exchange your ElumTac creation you will be subject to any jurisdictional tax differences, from taxes originally paid on your ElumTac creation. You are responsible for any sales, use, duty, or other governmental taxes or fees (“Taxes”) due to your purchase of items through the Site. We will collect applicable Taxes if we determine we have a duty to collect such Taxes. We will present an estimate of Taxes to be collected at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this adjustment, such as variances between processor programs and changes in rates of Taxes.
PAYMENTS
By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or canceled. You must resolve any problem we encounter to proceed with your order. In the event you would like to change or update payment information associated with your account on the Site, you can do so at any time by logging into your account and editing your payment information. If any of the items in your order are unavailable, we will charge only the prices, Taxes, and other applicable charges associated with the items that are included in the shipment. By providing us with any payment method, you agree to all of our policies, including order changes, cancellations, shipping, and returns.
PAYMENT METHODS FOR PAKISTAN
ElumTac accepts cards including Visa, MasterCard. We also receive online payments to our bank account. You can choose Cash on Delivery too. When ordering on the Platform, you will need to enter your payment details on the appropriate form. In the case of an order placed by telephone, you will need to communicate to us your credit/debit card number and your three- or four-digit security code that is printed on the back or the front of y our card (CVV2/CVC2/CID). Your telephone conversation will be recorded for security and quality control purposes. Any telephone conversation recorded by our Client Relations Center that contains your credit card information will be fully encrypted and only used to process card transactions. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to ElumTac, you will need to contact your card issuer directly to solve this problem, and ElumTac will not be liable for any delay or non-delivery.
To process your order, we may perform security checks on your credit card. The full amount of your purchase will be blocked on your credit card until your order is approved by ElumTac, and your credit card will be charged the applicable purchase price once your order has shipped. By submitting an offer to purchase ElumTac products on the platform, you expressly authorize ElumTac to perform such security checks, where ElumTac deems necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number, to authenticate your identity, to validate your credit card, to obtain a credit card authorization and to authorize individual purchase transactions.
ElumTac takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. ElumTac uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected. Unfortunately, transmitting information over the Internet is not completely secure. Although we will implement appropriate measures to protect your personal information, we cannot guarantee the security of the data you transmit; any transmission is at your own risk and we cannot be held liable. For more information about how we use and protect your information please view our Privacy Policy.
PAYMENT BY WIRE TRANSFER
We only accept bank wire transfers for orders placed through direct communication with us. We do not charge a fee for bank wire transfers for orders made through the Platform or direct contact; however, some financial institutions may charge a fee for using a bank wire transfer. We require that all bank wire transfer orders placed by telephone and email be confirmed through an order approval process. We may acknowledge a bank wire transfer order, but the order will not be processed until the payment has been received and confirmed by us by e-mail. If your wire transfer payment is not credited into our bank account within fourteen (14) days after you have placed your order, your order will be canceled.
ACKNOWLEDGMENT OF ORDER
Once you have made your choice and your order has been placed on the Platform, you will receive an Acknowledgment of the Order by email, acknowledging the details of your order. This acknowledgment of Order will contain an Order Reference Number assigned by ElumTac. Please make sure that you save this Order Reference Number for any future inquiries regarding your order. This Acknowledgment of Order is not an acceptance of your order. Following the transmission of the acknowledgment of Order, ElumTac will conduct its usual credit, anti-fraud, security, and related legal checks and, if acceptable, will then process your order. These Conditions of Sale will be provided to you with the Acknowledgement of Order through either email link or pdf. Please carefully review these Conditions of Sale upon receipt.
SHIPPING AND HANDLING
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time; however, we will provide notice of the charges applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise, the risk of loss or damage to an item passes to you upon delivery of the item to your specified delivery location. If you have any shipping questions, please contact us by email. For more information about shipping and handling fees, including international shipping, please see our Shipping & Returns Policy.
RETURNS, EXCHANGES, AND REFUNDS
We want you to be completely happy with the items you order from us. If for any reason you are not satisfied with an item you purchase through the Site, you may return such item (accompanied by all of the original packaging and your sales receipt) within 3 days of the date on which the item was delivered to you and elect to (i) exchange the item for another item available for purchase through the Site, and (ii) receive a refund in the amount you paid for the item. If you return an item to us after such a 3-day return period, it will not be accepted. To return an item you purchased through the Site, please contact us for individual returns information.
Please note that all refunds will be issued to the original form of payment. All items returned to us must be unaltered, unworn, and in saleable condition. In addition, all returned items must include the original packaging in good condition and all associated tags. Please note that used items are not eligible for return unless such items are defective. Some exclusions may apply.
Regarding the specific return details, ElumTac products must be returned in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them (if applicable), as well as with the original ElumTac box and delivery package, including all accessories and documents. ElumTac will not accept any return if the product shows signs of wear or has been used or altered from its original condition in any way. Personalized and made-to-order creations, cannot be returned to ElumTac for exchange or refund.
All returns will be subject to strict Quality Control (QC) by ElumTac to ensure that the returned products satisfy these requirements. If the products do not meet QC standards, ElumTac will refuse the return, and the products will be sent back to the Customer. If the returned product satisfies Quality Control (QC), ElumTac will proceed with the applicable refund or exchange. Please also see our full Shipping & Returns Policy for more detailed information and all of our rules.
REFUNDS
Should a product be returned to the ElumTac by the customer, a customer is entitled to receive a refund after deducting the shipping charges. Please allow up to fourteen (14) business days for a full refund, if applicable.
If a customer’s return complies with the return policy, ElumTac will use reasonable efforts to credit the refund to the Customer’s credit card or Bank account no later than fourteen (14) days after receipt of the returned item by the ElumTac. Except for the delivery of a defective product, initial shipping charges will not be refunded to the Customer.
EXCHANGES
Customers and Gift Recipients may be permitted to exchange a product purchased on the Platform for another ElumTac product if the product to be exchanged satisfies the conditions of the return policy within Seven (7) days following delivery.
ElumTac will send an invoice as a pdf attachment to your’s email address, which specifies the value of the returned product, the price of the item for which the original product has been exchanged and the difference to be paid by the Customer or the amount that the Customer is entitled to receive, as indicated below. Should a product be returned for exchange to the ElumTac by a Customer or Gift Recipient, only the Customer will be entitled to receive a refund of the price difference if the returned product is more expensive than the exchanged ElumTac product. If the returned product is less expensive than the exchanged item, the Gift Recipient will be charged the price difference. Should a product be returned for exchange to an ElumTac, either the Customer or Gift Recipient will be entitled to receive a merchandise credit of the price difference, in case the original product is more expensive than the item to be received in the exchange. If the returned product is less expensive than the exchanged item, the Customer or Gift Recipient will be charged the price difference.
DEFECTIVE PRODUCTS
ElumTac is extremely cautious in ensuring that each product strictly complies with our quality criteria and that it has passed all our controls, both technical and aesthetic. If nevertheless, you receive a product that seems to be damaged, you may return it to ElumTac by the return policy. Upon receipt, ElumTac may classify the returned product as a defective product. Please note that items that are damaged as a result of wear and tear are not considered to be defective. If your product is declared as defective by ElumTac, the following solutions will be proposed to the Customer or the Gift Recipient, as applicable:
- ElumTac may send you the same product in the same size, subject to availability,
- ElumTac may propose an exchange for another ElumTac creation of equivalent or higher value, in which case the initial price will be deducted and you will be required to pay only the difference, or
Only you, as the Customer, may request a refund of the full price of your initial purchase.
ERRORS
We attempt to be as accurate as possible and to eliminate errors on the Site; however, we do not represent or warrant that the descriptions, pricing, or other information on the Site are accurate, complete, reliable, current, or error-free. In the event of an error, we reserve the right to correct such errors and revise your order accordingly (which includes charging the correct price) or to cancel your order and refund any amount charged. Please note that:
- If the correct price of an item you purchase through the Site is lower than our stated price, we will charge you the lower amount when your order is shipped.
- If the correct price of an item you purchase through the Site is higher than our stated price, we will, at our discretion, contact you for instructions before shipping. If we are unable to contact you after 15 days, we will cancel your order and notify you of such cancellations
DISCLAIMERS; LIMITATION OF LIABILITY
Your use of items purchased through the Site is at your sole risk. Such items are provided “as is” and “as available’ without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
You understand and agree that, to the fullest extent permitted by applicable law, ElumTac and its officers, directors, agents, partners, and employees (individually and collectively, the “ElumTac”) will not be liable to you under any theory of liability—whether based in contract, tort, negligence or otherwise—for any indirect, consequential, incidental, or special damages or lost profits that may be incurred by you, arising out of or in any way connected to these Terms of Sale or the use of, or inability to use, any items purchased through the Site, including, without limitation, any damages caused by or resulting from reliance by you on any information or items obtained from us, whether or not ElumTac has been advised or should have been aware of the possibility of any such losses. You understand and agree that, to the fullest extent permitted by applicable law, the ElumTac total liability in connection with the items purchased through the Site and these Terms of Sale will not exceed the amount you paid to ElumTac for such items purchased.
The limitations outlined in this section will not limit or exclude liability for personal injury or property damage directly and proximately caused by items you purchased from us through the Site or for the gross negligence, fraud, or intentional misconduct of any ElumTac, or for any other matters in which liability cannot be excluded or limited under applicable law.
To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions, and warranties about the products and any orders placed through the Platform or directly with us, whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.
Nothing in these Conditions of Sale limits or excludes our liability for any liability that cannot be limited or excluded by applicable law. Subject to the preceding sentence, our aggregate liability to you under these Conditions of Sale for any order whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages shall in no event exceed the one hundred percent (100%) of the price of the product(s) in your order.
GENERAL PROVISIONS
If any provision or part of a provision, of these Conditions of Sale, is deemed to be illegal, invalid, or unenforceable, the remainder of the provisions of these Conditions of Sale shall be unaffected and shall continue to be fully valid, binding, and enforceable.
These Conditions of Sale (and associated terms incorporated by reference) constitute the entire agreement between you and us about the order of products or services and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, about such subject matter. We are not responsible for any failure or delay in performing or complying with our obligations under these Conditions of Sale which arise from any cause beyond our reasonable control. The waiver by us of a breach of any provision of these Conditions of Sale will not operate to be interpreted as a waiver of any other or subsequent breach. This contract is between us and you. No other person shall have any right to enforce any of its terms. However, if you purchase a product as a gift, the recipient of your gift will have the benefit of the applicable ElumTac Guarantee.
GOVERNING LAW; AGREEMENT TO ARBITRATION OF CLAIMS
These Conditions of Sale shall be governed by and construed by the Arbitration Act of 1940, without reference to conflict of laws provisions. Any dispute, controversy, or claim arising out of or related to the Conditions of Sale, including the validity, invalidity, breach or termination of the Conditions of Sale, or to any product purchased from ElumTac through the Platform or direct contact, will be resolved by binding arbitration, rather than in court, except that a consumer or ElumTac may assert claims in small claims court if such claims qualify. You understand and agree that you are waiving your right to sue or go to court to defend your rights, including to a trial by jury, under these Conditions of Sale. In addition, you and ElumTac understand and agree that the parties will pursue any dispute on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other consumer. You and ElumTac agree that each may not bring a claim against the other as part of any class action, class arbitration, or other representative proceeding. The arbitration will be conducted in Pakistan.
Before bringing any dispute in arbitration, you and ElumTac agree that you will first notify the other party and make reasonable efforts for a period of one hundred twenty (120) days to resolve amicably any dispute or failure to agree that may arise out of or relate to the product, the Conditions of Sale or any potential or alleged breach thereof. This requirement is a pre-condition, and no claim shall be filed in arbitration until this provision is first met.
To summarize: instead of suing in court, you agree that any dispute relating to these terms of sale, your purchase of an item through the site, or items purchased from us will be submitted to confidential arbitration in Pakistan. Any arbitration under these terms of sale will be conducted under the prevailing rules of Pakistan’s arbitration act of 1940. An arbitrator can award the same damages and relief, however, and must honor the same limitations stated in these terms of sale as a court would.
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and will not affect any other customer.
You and ElumTac agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you waive the right to a trial by jury, to assert or participate in a class-action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind.
These Conditions of Sale and your purchase of items through the Site will be governed by and construed by the laws of Pakistan, without regard to conflict of law principles. You hereby irrevocably consent to the jurisdiction and venue of the courts located in Pakistan concerning any dispute related to these Terms of Sale or your purchase of an item through the Site that is not subject to arbitration under these Terms of Sale.
SEVERABILITY
If any provision or part of a provision of these Terms of Sale is unlawful, void, or, unenforceable, that provision or part of the provision is deemed severable from these Terms of Sale and does not affect the validity and enforceability of any remaining provisions.