Welcome to https://shop.geniatech.com/ (“Site” or “We”), which is owned and operated by Geniatech Inc. (hereinafter referred to as “Geniatech”, “we”, “our”, or “us”). These Terms and Conditions (these “Terms”) govern your use of the Site and purchase of products, solutions, and services through the Site.
Introduction
This is a binding contract between you and Geniatech. By accessing and using the Site, you accept and agree to be bound by these Terms, including the Geniatech policies referenced and incorporated herein. You may not access or use the Site or any of the features available through the Site unless you agree to these Terms. Please read these Terms carefully. You may not proceed to the Site until you have read these Terms and accepted them. Your use of the Site constitutes acceptance of these Terms.
Geniatech may periodically modify these Terms from time to time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the Site.
Products, Solutions, and Services
We provide optical technology products (including transceivers, switches, cables, accessories, and etc.), optical technology solutions based on those products, and related services through the Site. Through the Site, you can purchase products for personal or business use by adding products to the shopping cart, checking out and making payment using one of the payment methods below to conclude the order. A confirmation email will be sent to the email address you provide.
You can also purchase products and solutions for resale, for example, customized label or package solutions for resale, upon authorization from Geniatech. Contact us for custom or special orders. Unless otherwise provided in writing, these Terms will apply to such orders.
The products, solutions, services, and content available through the Site are subject to change and, in some cases, may be subject to additional terms. Geniatech will notify you of these additional terms in connection with the applicable product or service. Some of the features of the Site may require you to create a user account, and if you access the Site through a mobile network provider’s messaging, data and other fees may apply.
Intellectual Property Rights and License
All of the content and materials, including website design, aesthetic features, color scheme, visual elements and images, and the sequence and arrangement of visual elements on the website, available on, or accessed through, our Site, are protected by copyright and other applicable intellectual property laws and are owned by Geniatech or its licensors or licensees. Further, all trademarks or service marks, including the Geniatech and design logo, Geniatech.COM and design logo, trade names, trade dress, and other indicia identifying the Site and our products, solutions, and services, and all brand names of products offered for sale on the Site (collectively, the “Marks”) are owned by Geniatech and/or the applicable brand owners. Except for the limited license below, you do not obtain any rights in the Marks or in any of the products, services, or solutions available on the Site by your use of the Site. All rights in the Site and its content and the products, solu- tions, and any service deliverables are reserved to their respective owners.
For custom or special orders in which you provide marks to be applied to customized products or packaging, you retain all rights and goodwill in such marks.
Personal Information
We may collect certain information, including personal information such as name and address, from you to properly operate the Site, to register your user account, to fulfill purchase orders, or to schedule service appointments, if applicable, or to enable certain features on the Site. Please review our Privacy Policy regarding our collection and use of your information.
Price and Payment
We offer the products and solutions on the Site at published or quoted prices. These prices are subject to the following: (a) published prices are subject to change without notice; (b) shipments will be billed at the prices in effect on the date of Geniatech ’ acceptance of your order or the prices in effect on the date of the shipment; and (c) published or quoted prices may include or do not include taxes, duties, insurance, or shipping cost under the actual circumstances or policies, and you are responsible for paying any applicable tariff or import fee for customs clearance.
You agree to provide accurate billing information when you make payments for purchased products, solutions, or services. For example, your billing name and address must match the information that appears on your payment card. We reserve the right to cancel any order without advance notice to you if we suspect that you provided erroneous information or if we suspect a fraudulent transaction. We will handle any personal information you provide to us directly in accordance with our Privacy Policy .Depending on your method of payment, other third-party privacy policies may apply to the extent you provide personal data to third parties.
You may correct an order as long as the order has not entered the dispatch process by informing us promptly after you place the order. However, you may not cancel an order once we begin processing the order, or please contact us for further checking. In addition, any order containing customizations or other special accommodations cannot be changed or cancelled after we begin processing the order.
We accept the following methods of payment:
* PayPal: You will need to sign up for a PayPal user account to pay using PayPal. PayPal may also allow you to check out and make payments as a Guest. Your use of PayPal is subject to PayPal’s terms and conditions.
* Credit / Debit Card: If you select to pay via credit / debit card, the payment transaction will be handled by a third-party credit / debit card company. A transaction fee may be charged by the third party. Your payment using this method is subject to the applicable company’s terms and conditions.
* Bank Transfer: On the checkout page, Geniatech provides bank account details for you to complete payment by bank transfer. Geniatech , at its discretion, will check the payable amount and update the payment status regularly. You can also keep the payment receipt issued by your bank and send it to Geniatech to confirm and update your payment status.
Delivery Terms
Geniatech will ship purchased products within a commercially reasonable period to the address specified in your order. You agree that any delivery date for products stated in the order, or otherwise in writing, is an estimate, and Geniatech will not be liable for failure to deliver the products by that date. However, Geniatech will make commercially reasonable efforts to ensure that your ordered products are shipped and delivered by the estimated delivery date. In order to meet the delivery date, your ordered products may be shipped in multiple packages. We may charge you additional fees if you need to change the shipping address for your order. Any delay, loss or of damage to shipped products during transportation, Geniatech will not be responsible for that, but please inform your account manager at the first moment. We may guide you about the remedy procedures. Contact us if you have questions about your order.
Warranty
Except when otherwise noted on the Geniatech Site, Geniatech warrants that, all Products will be free from defects in materials and workmanship for 12 months(accessories for 6 months warranty only). Extended warranties may be available on select Products but any extended warranties will apply only if (i) expressly set forth in writing by Geniatech and (ii) paid for by Customer. If the unit appears to be non-functioning or defective, read this section and send an inquiry to us. A Geniatech technician will contact you to discuss your issue and options.
If the Product is under warranty at the time Customer submits a warranty claim to Geniatech, and the warranty has not been voided, Geniatech will, at its sole option, either repair or replace the Product. In the case of discontinued items or those approaching end of life, a comparable replacement as determined by Geniatech, may be provided. The foregoing shall be Customer’s sole remedy and Geniatech’s sole liability under any warranty claim.
The warranty will be void if there is evidence of damage, misuse, or modification by the Customer. To avoid confusion between the parties, in the context of this clause, the meaning of “misuse” may include, but shall not be limited to any use or modification of the Products, whether in and of itself or in combination with other devices, software, application or environment which exceeds, or is outside the scope of the technical specifications or performance capabilities of the product and/or applications, as expressly stated in any product instructions, technical manuals, specifications or that which is or was expressly disclosed to and mutually understood and agreed to between the parties at the time of sale. The warranty does not extend to the following Products: closeout items, 3rd party software and firmware. For warranty repairs, International customers must bear shipping costs to and from Geniatech and any duties, taxes, or brokerage fees associated with the RMA.
When items returned for repair are found to be working or when the warranty has been voided, the cost of shipping back to the Customer will be charged to the Customer. Prior to sending the items for repair, customers should backup all valuable data.
Disclaimer of Other Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE STANDARD WARRANTY AND THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS, OR IMPLIED. Geniatech DIS CLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT SUCH WARRANTIES CANNOT BE DISCLAIMED, TO THE FULLEST EXTENT PERMITTED BY LAW, Geniatech LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THE APPLICABLE WARRANTY PERIOD AND THE LIMIT ED REMEDY DESCRIBED IN THIS SECTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL GENIATECH BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER INDIRECT LOSS OR DAMAGE OF ANY KIND, HOWEVER CAUSED. IN NO EVENT WILL GENIATECH BE LIABLE FOR ANY SUM GREATER THAN THE PURCHASE PRICE RECEIVED BY GENIATECH FOR THE RELEVANT PRODUCT(S). GENIATECH WILL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS AGAINST YOU AND / OR THIRD-PARTY CLAIMS AGAINST GENIATECH, EVEN IF SUCH CLAIMS ARE IN CONNECTION WITH THE PRODUCTS, SOLUTIONS, OR DELIVERABLES DELIVERED HEREUNDER.
Site Access
The Site will be available for access to the general public. However, we do not guarantee that the Site will be accessible at all times with out interruption. Your access to the Site may be temporarily suspended due to system errors, maintenance windows or for any reason beyond our control. Further, we may suspend or terminate your access to or use of the Site at our sole discretion and without prior notice to you if you violate any of these Terms. You acknowledge that we are not liable for any losses or damages, including loss of your content, resulting from the suspension or termination of your access to or use of the Site.
Indemnification
You agree to indemnify, defend, and hold Geniatech, its officers, directors, employees, agents, licensors, affiliates, and suppliers harmless from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and costs, resulting from (a) your infringement of any third-party’s rights, including intellectual property rights, or (b) your violation of these Terms or any activity related to use of the Site by any party on your behalf.
Third-Party Links
The Site may provide links and information, content, and services offered by, or maintained by, third parties. If you decide to access or use any third-party materials or websites, you do so exclusively at your own risk and you waive and release Geniatech from all claims associated with them. Your use of such third-party sites is subject to each website’s privacy policy, conditions of use, and other terms. You are solely responsible for reading and complying with them.
Communications and Feedback
We welcome your feedback and comments on the Site. You acknowledge that in your communications with us, unless we specifically state so, we do not solicit or desire to receive any confidential, secret, or proprietary information from you. You agree that any suggestions, comments, content, feedback, or ideas (“Your Content”) you submit to us relating to our products, solutions, or services will be treated as non-confidential and we will not assume any responsibility, obligation, or liability for such information.
By submitting or sending Your Content to Geniatech, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable right and license to reproduce, distribute, publish, modify, publicly perform, prepare derivative works based upon, and otherwise use or exploit, Your Content. You represent and warrant that you have the right to make the foregoing grant and that Your Content is accurate and does not infringe any right of any third party.
General
These Terms are provided in English and will be interpreted in English. These Terms, together with all referenced Geniatech policies herein and the terms of any custom or special order between you and Geniatech, constitute the entire agreement (“Agreement”) between you and Geniatech concerning your use of the Site and purchase of products, solutions, or services. This Agreement supersedes any prior agreements between you and Geniatech regarding your use of the Site or purchase of Geniatech products, solutions, or services. These Terms and this Agreement will be subject to the laws of the State of Delaware, without giving effect to its principles on conflict of laws.
Contact Us
If you have any questions or comments about these Terms, please contact us