PLEASE READ THESE TERMS CAREFULLY!
By submitting your order or accepting or using products, you acknowledge that you agree to these terms in their entirety.
Application. These Consumer Terms of Sale (“Terms”) apply to all consumer purchases from Hwisel Soft Inc. in Canada or Hwisel LLP in the United State of America (herein referred to as ‘Hwisel’) or of Hwisel products, services, or support (“Product”) in the United States or Canada.
Additional Terms. The Terms consist of this document and the purchase of Hwisel Services or equipment subscriptions are:
Consumer Service Contracts (for Service Plan purchases),
Privacy Policy (describing how Hwisel collects, uses, and shares your personal information available on our website),
Terms of Service (governing your use of Hwisel’s website, available on our website), and, EV Charger Subscription Agreement
Orders, Acceptance and Cancellation. Your order is an offer to buy. Hwisel may send an order confirmation email to acknowledge receipt of your order, but Hwisel does not accept your order until we send you notice that the Product has shipped. Hwisel may process payment for and ship parts of an order separately. Hwisel reserves the right at any time, even after we send you a confirmation email, to decline or cancel your order or to limit order quantities for any reason, including errors or suspected fraud.
Pricing and Availability. Prices and promotions are subject to change. Hwisel strives to communicate accurate pricing and product information, but errors may occur. In the unlikely event that an error impacts your order, or a Product ordered is no longer available, we will either contact you for instructions or cancel your order.
Taxes and Fees. Unless you provide Hwisel with a valid and correct tax exemption certificate, you are responsible for sales and other taxes associated with your order.
Shipping. Product title passes to you when the Product ships. You are responsible for inspecting the package(s) upon delivery and must note any visible damage on the proof of delivery (POD) or other delivery receipt the carrier asks you to sign. Hwisel is not responsible for any visible shipping damages not noted on the delivery receipt.
Warranty Disclaimer. HWISEL INCORPORATES ITS CONSUMER WARRANTIES REFERENCED ABOVE WHICH APPLY TO PURCHASES OF HWISEL-BRANDED HARDWARE. HWISEL MAKES NO WARRANTIES FOR SERVICE, SOFTWARE, MAINTENANCE OR SUPPORT OR FOR NON-HWISEL BRANDED PRODUCT, WHICH ARE PROVIDED "AS IS," AND DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES AND CONDITIONS AGAINST HIDDEN OR LATENT DEFECTS. SOME JURISDICATIONS DO NOT ALLOW LIMITATION OF WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
Receiving Warranty or Service Support. IT IS YOUR RESPONSIBILITY TO BACK UP ALL EXISTING DATA, SOFTWARE AND PROGRAMS BEFORE RECEIVING SERVICES OR SUPPORT (INCLUDING TELEPHONE SUPPORT). HWISEL AND/OR YOUR THIRD-PARTY SERVICE PROVIDER WILL HAVE NO LIABILITY FOR LOSS OR RECOVERY OF DATA OR PROGRAMS, OR FOR LOSS OF USE OF SYSTEM(S) ARISING OUT OF THE SERVICES OR SUPPORT OR ANY ACT OR OMISSION, INCLUDING NEGLIGENCE, BY HWISEL OR YOUR-THIRD-PARTY SERVICE PROVIDER. Parts used in repairing or servicing Product(s) may be new, equivalent-to-new, or reconditioned.
Telephone Communications. Telephone communications with us, our agents or independent contractors may be monitored and/or recorded. You expressly consent, on behalf of yourself and other users of your phone number, to such monitoring or recording. By providing us with a phone number (including mobile) as your contact number, you expressly authorize us to contact you on that number via text message or telephone, including via pre-recorded or auto-dialed calls. This consent is for non-telemarketing calls only.
Limitation of Liability. In no event will Hwisel be liable for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if Hwisel has been advised of the possibility of such damages. YOU AGREE THAT HWISEL’S LIABILITY IN ANY DISPUTE WILL BE CAPPED AT THE TOTAL AMOUNT YOU PAID FOR THE ORDER OR PRODUCT AT ISSUE. Some jurisdictions do not allow limitation of certain damages, so these limitations may not apply to you.
Purchases may not be resold or exported. Your purchase is for your own use, not for resale, export, re-export, or transfer. Your purchase is subject to, and you are responsible for compliance with the export control and economic sanctions laws of the United States and other applicable jurisdictions (“Export Laws”). Your purchase may not be sold, leased, or transferred to restricted countries, restricted end users, or for restricted end uses according to the Export Laws.
Governing Law. THESE TERMS AND ANY DISPUTE BETWEEN YOU AND HWISEL WILL BE GOVERNED BY THE LAWS OF THE PROVINCE OF ONTARIO, IN CANADA, OR THE STATE OF DELAWARE, IN THE USA, WITHOUT REGARD TO CONFLICTS OF LAW.