Brother Refresh

TERMS AND CONDITIONS OF SALE

The following are terms and conditions which govern your purchase of products on this Site (defined below), or from BIC (defined below). By signing up on this Site, you are agreeing to be bound by these terms and conditions and to comply with all applicable laws and regulations. If you do not agree to these terms and conditions, do not register for this service on this Site.

"BIC" shall mean Brother International Corporation, www.refresh.brother-usa.com, www.brothermall.com and their affiliates, subsidiaries and designees as deemed appropriate by Brother International Corporation.

"Product" shall mean the Brother Refresh Ink & Toner Auto-Fulfillment service that provides automated ordering of replacement consumables for a Brother printer or Multi-Function Center device enrolled in the Brother Refresh service. "Site" shall mean the www.refresh.brother-usa.com website.

"Standard Warranty" shall mean the warranties set forth in the user guide or located in a separate insert in each Product carton.


Product

BIC attempts to be as accurate as possible on the Site. However, BIC, does not warrant that Product descriptions or other content on the Site is accurate, complete, reliable, current and/or error-free. If a Product offered is not as described, your sole remedy is to return it in unused condition. For more information regarding returns, please see our Return Policy.

http://www.brothermall.com/returnpolicy.aspx


Errors on the Site

BIC reserves the right to revoke any stated offer, cancel any order and correct errors, inaccuracies or omissions on the Site at any time even after an order has been submitted and whether or not the order has been confirmed and/or your credit card charged. In the event that your credit card has already been charged and your order is cancelled, BIC will refund the amount of the charge to the original payment type.


Pricing Policy

Product prices and availability are subject to change without notice, in BIC's sole discretion.


Sales Tax Policy

Because BIC does business throughout the United States and collects and remits sales tax as required by law, the Site also collects and remits sales tax as appropriate. Products offered on this website, www.refresh.brother-usa.com are valid and intended for purchase by end users for personal use, not for resale. Non-profit organizations or individuals/person eligible for tax exemption will be required to provide Brother with a valid tax exempt certificate (other than a resale certificate) prior to setting up your account. To fax your Sales Tax Exemption Certificate, please dial 1-800-947-1445 and consult with Customer Service by calling 1-877-552-6255 when setting up your account with Brother Refresh.


Paying for Your Order

You may pay for your orders with a major credit card issued in the United States of America, with billing address in United States. Currently, we accept Visa®, MasterCard®, American Express® and Discover® Card. Credit cards are not charged until the Product has shipped at which time you will only be charged for the Product actually shipped including any appropriate taxes or shipping/handling charges. However, BIC pre-authorizes your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. Please contact your credit card issuer for more information.


Validating Your Order

When you register for the Brother Refresh service and when the system places an automated order on your behalf, BIC will check the information you provide for validity, by verifying your method of payment and billing address. After the system places an automated order on your behalf, you will be permitted to cancel the order for 24 hours. After 24 hours, Brother will process and ship the order. BIC also verifies the pricing, quantity and current stock status of the Product requested. BIC reserves the right to decline any order without giving any reason. The quantity purchased of Products being offered with a rebate and/or discount may be limited by BIC in its sole discretion.


Order Acceptance/Confirmation

Your receipt of an electronic or other form of order confirmation does not signify BIC's acceptance of your order, nor does it constitute our offer to sell. BIC reserves the right at any time after receipt of your order to accept or decline your order for any reason.


Backorders

All orders placed on the Site are subject to Product availability and will be shipped according to BIC's shipping policies.

In the event that a Product is out of stock, you will receive written notification of the backorder. Please note your credit card will not be billed for the backordered Product until the merchandise actually ships.


Return Policy

All sales made through the Site are subject to BIC's return policy. For a complete explanation of the return policy, please see our Return Policy.

http://www.brothermall.com/returnpolicy.aspx


Shipping

Please review the Order and Shipping Information for additional information on shipping time, rates and policies for Brother Refresh by using the following link:
http://refresh.brother-usa.com/shippingpolicy


Campaigns/Promotions/Contests

BIC reserves the right to cancel, change or restructure any and/or all promotions, sales, contests, surveys, etc. at any time and for any reason.


Children

BIC does not sell products or services for purchase by children. If you are under 18 years of age, you may only use the Site with the involvement of a parent or guardian.


Warranties

All Products include a Standard Warranty. To view the Standard Warranty for your Product or purchase an Extended Warranty, click here:

http://www.brothermall.com/customerservice/customerservicewarranty.aspx#ema


Disclaimer of Warranties

WITHOUT LIMITING THE FOREGOING, THE PRODUCT IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE STANDARD WARRANTY. BIC EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.


Limitation on Liability

Under no circumstances shall BIC be liable for any direct, indirect, incidental, special or consequential damages that result from your use of the Product sold through the Site. The foregoing limitation shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of BIC has been advised of or should have knowledge of the possibility of such damages. You acknowledge that this limitation on liability section shall apply to all Products. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Miscellaneous

The terms herein shall be governed by and construed in accordance with the laws of the State of New Jersey, exclusive of its choice of law rules. In the event that any of the provisions herein are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these terms and conditions shall otherwise remain in full force and effect.


Update of Terms and Conditions

BIC may from time to time revise these terms and conditions by updating this posting. Please visit this page periodically to review the current terms and conditions because they are binding on you. If any provision of these Terms and Conditions of Sale shall be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and Conditions of Sale and shall not affect the validity and enforceability of any remaining provisions. Certain provisions of these Terms and Conditions of Sale may be superseded by expressly designated legal notices or terms located on particular pages on the Site.


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