The following are terms and conditions which govern your purchase of products on
this Site (defined below) or by phone, or from BIC (defined below). By submitting
your order 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 submit an order on this Site or by phone.
"BIC" shall mean Brother International Corporation,
and their affiliates, subsidiaries and designees as
deemed appropriate by Brother International Corporation.
"Product" shall mean any item offered for sale on the Site, including
but not limited to, accessories, supplies and parts, Multi-Function Center
printers, facsimile machines and sewing machines.
"Site" shall mean the brothermall.com website.
"Standard Warranty" shall mean the warranties set forth in the user guide
or located in a separate insert in each Product carton.
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 pay
Product prices and availability are subject to change without notice, in BIC's sole
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.brothermall.com
are valid and intended for purchase by end users for personal use, not for resale.
Non-profit organizations or individuals/persons eligible for tax exemption will
be required to provide us with a valid tax exempt certificate (other than a resale
certificate) upon placement of the order. To fax your Sales Tax Exemption Certificate,
please dial 1-800-947-1445 within 48 hours, and be sure to reference your Brothermall
Order Confirmation number for proper identification. The documentation MUST be received
prior to the order being shipped. If you indicated that you have tax-exempt status
in your order, BIC will not process your order until we receive proof of such status.
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. If you wish to pay
by check or money order, please contact our Consumer Sales Department at (877)552-6255.
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
After you place an order using the Site shopping cart, BIC will check the information
you provide for validity, by verifying your method of payment and billing address.
BIC also verifies the pricing, quantity and current stock status of the Product
requested. BIC reserves the right to decline any order submitted and/or limit the
Product quantities purchased by you, 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. If a Product is being offered with a rebate, you are limited
to purchasing up to two (2) of such Product. If BIC declines your order, BIC will
attempt to notify you using the e-mail address you provided during your registration
onto this Site.
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.
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.
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.
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.
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.
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.
© 2010 Brother International Corporation. All rights reserved.