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WINK GLOBAL LLC TERMS AND CONDITIONS OF SALE

OVERVIEW

This website is operated by Wink Global. Throughout the site, the terms “Wink”, “we”, “us” and “our” refer to Wink Global LLC. Wink offers this website, including all information, tools and products available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions of Sale”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms and Conditions of Sale apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions of Sale. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

We reserve the right to update, change or replace any part of these Terms and Conditions of Sale by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.

Our on-line store is hosted on WooCommerce Inc. They provide us with the online e-commerce platform that allows us to sell our products to you.

SECTION 1 – PURPOSE

The purpose of this website is to offer surplus inventory to other companies (exclusively business-to-business type of sale).

You may not violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

SECTION 2 – GENERAL CONDITIONS

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, or exploit any portion of the website, use of the Service, or access to the site or any content on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue any part or content thereof without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, or discontinuance of the Service.

SECTION 5 – PRODUCTS

The products being offered on this website are new products that have never been a subject to previous sale or product return. They were only sitting inside a warehouse for an extended period of time.

We have made every effort to display as accurately as possible the images of our products that appear in the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.

SECTION 6 – SHIPPING POLICY (F.O.B. POINT)

All orders are shipped F.O.B. shipping point in Charles City, Virginia. Title to the goods sold hereunder shall pass to you when you pay all amounts due to Wink Global LLC in full.

SECTION 7 – DELIVERY

Products are stocked at the Charles City, Virginia Facility and will be shipped out within one (1) business day.

SECTION 8 – MINIMUM ORDER VALUE

Total order minimum is $25.00. Our minimum line charge is $4.00.

SECTION 9 – PAYMENT TERMS

Wink accepts payment by various credit cards (Master Card, VISA and American Express). Your order will be processed after it has been fully paid.

SECTION 10 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate information for all purchases made at our website. You agree to promptly update your account and other information, including your email address, delivery address, and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 11 – RETURN OF GOODS

All sales are FINAL and purchased products cannot be returned under any circumstances.

SECTION 12 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new products and/or features through the website. Such new products and/or features shall also be subject to these Terms.

SECTION 13 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Please read our Privacy Policy.

SECTION 14 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the website is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 15 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms and Conditions of Sale, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website or the Internet; (e) to collect or track the personal information of others; (f) to spam, phish, pharm, pretext, spider, crawl, or scrape; (g) for any obscene or immoral purpose; or (h) to interfere with or circumvent the security features of the website, other websites, or the Internet.

SECTION 16 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

All products sold by Wink are warranted to be in accordance with the purchase order.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no event shall Wink be liable for lost profits, injury to good will or any other special, incidental, or consequential damages. No suit or legal proceeding arising under this contract shall, in any event, be maintainable against Wink Global, LLC.

In no case shall Wink, our members, employees, contractors, interns, suppliers, service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the website or any products procured using the website, or for any other claim related in any way to your use of any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the website, any content, or product posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Wink Global and members, contractors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 18 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions of Sale are effective unless terminated by us. You may terminate these Terms of Service at any time by no longer using our website.

SECTION 19 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Reno, Nevada.

SECTION 20 – CHANGES TO TERMS AND CONDITIONS OF SALE

You can review the most current version of the Terms and Conditions of Sale at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Terms and Conditions of Sale constitutes acceptance of those changes.

SECTION 21 – LOSS OR DAMAGE OF THE GOODS

Risk of loss and/or damage to the goods shall pass to you when the goods leave the shipping point (in Charles City, Virginia) for delivery to you.

SECTION 22 – CONTACT INFORMATION

Questions about the Terms should be sent to us at sales@winkgloballlc.com.