Certain members of our EOS Worldwide communities may have access to the EOS Online Store. The “EOS Online Store” is our online marketplace for EOS Worldwide branded materials, including Leadership Team Manuals, Process and Focus Day handouts, and discounted Traction Library books. EOS-branded merchandise and other EOS products are also available.
These EOS Online Store Terms and Conditions are incorporated by reference into the EOS Worldwide General Terms of Use (“General Terms“). The General Terms (as supplemented by these EOS Online Store Terms and Conditions (collectively defined as our “Terms and Conditions”)) govern your access to and use of the EOS Online Store, and, as a result, you should read these EOS Online Store Terms and Conditions and the General Terms carefully before accessing or using the EOS Online Store, or before purchasing or agreeing to purchase any items available through the EOS Online Store. Capitalized terms used herein and not otherwise defined shall have the meaning set forth in the General Terms.
Prices. All prices are shown at checkout and are subject to change without notice, in the sole discretion of EOS Worldwide and its partners. No guaranty is made that you will be offered the same pricing for the same products and materials in the future or for any new products and materials that become available. We reserve the right to correct any misprints or errors in pricing. We also reserve the right to limit the quantities of, or discontinue, any products that are available on the EOS Online Store and to limit the sales of the products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. Prices are exclusive of taxes, impositions, and other charges, including sales, use, excise, value added, and similar taxes or charges imposed by any government authority, international shipping charges, forwarding agent’s and broker’s fees, consular fees, document fees, import or export duties and expenses for expedited shipments or deliveries. If EOS Worldwide is liable for or is required to pay for any of the foregoing, the same will be passed along and charged to you in addition to the price of the products. All prices are listed and must be paid in U.S. dollars unless otherwise provided or EOS Worldwide otherwise agrees in writing to another currency.
Product Specifications. EOS Worldwide makes all reasonable efforts to accurately display the attributes of products, including applicable colors and images of our products; however, the actual color that you see will depend on your computer system, and we cannot guarantee that your computer will accurately display the colors of our products. All features, content and specifications of all products are subject to change at any time without notice. Descriptions are approximate and are provided for convenience purposes only. The products offered for sale are available while supplies last, and we reserve the right to cease offering any products, in our sole discretion. Any offer for any product or service made in the EOS Online Store is void where prohibited. The inclusion of any product at a particular time does not imply or warrant that that product will be available at any later time.
Correction of Errors and Inaccuracies. EOS Worldwide reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. If any product is listed at an inaccurate price due to typographical error or error in pricing information or for any other reason, EOS Worldwide has the right to (a) refuse or cancel any orders placed for the product listed at the incorrect price, and/or (b) refuse or cancel any such orders, whether or not an order has been confirmed. If that should happen, EOS Worldwide will offer you a refund for previous amounts paid in respect of that purchase.
Placing Orders.
Orders will be initiated by placing an order through the EOS Online Store, or if we agree in writing, by issuing a purchase order to EOS Worldwide. Orders will identify the products, unit quantities, descriptions, applicable prices and requested delivery dates. All orders are subject to acceptance by EOS Worldwide. No orders for standard products may be cancelled or rescheduled without EOS Worldwide’s prior written consent, which consent may be given by EOS Worldwide in its sole discretion. EOS Worldwide reserves the right to allocate sales of products between and among its customers in its sole discretion. Notwithstanding any provision in our Terms and Conditions to the contrary, orders for special, custom, value-added and other non-standard products, and products otherwise identified by EOS Worldwide as “NCNR” or “Non-Cancelable and Non-Returnable” will be non-cancelable and non-returnable.
By placing an order, you agree that the products ordered are legal to possess and use where you intend to possess and use them and will be possessed or used only in a lawful manner, in accordance with all applicable laws, rules and regulations, including copyright law, and that you have the right to use any Payment Method (as defined below) that you provide to us. You may not order products with the intent to resell them.
We reserve the right, without prior notice, to limit the order quantity on any product or service, to refuse service to any customer, or to cancel any order, for any reason, including after it is submitted. We also may require additional verifications or other information before we accept and/or ship any order. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We accept your order only upon shipment of the product.
Payment Methods.
All orders must be paid in full at the time of purchase. To place an order through the EOS Online Store, you must have Internet access and provide us when prompted with your credit or debit card information, or other current, valid method of payment, as accepted by EOS Worldwide from time-to-time (your “Payment Method“). By providing your Payment Method, you authorize us, our affiliates, or our third-party payment processor to charge your Payment Method for all applicable fees and represent that any payment information that you provide is true, accurate and complete in all respects. If your Payment Method cannot be authorized or is otherwise in error, due to expiration, insufficient funds, or otherwise, we may cancel your order. In the event of such failure of your Payment Method, we may take reasonable steps to retry your Payment Method. We may contact you to reconfirm or update your Payment Method. For some Payment Methods, the issuer may charge you certain fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details. We are not responsible for any fees that you may incur when charging or retrying your Payment Method, including, but not limited to, foreign transaction fees or overdraft fees. You remain responsible for any uncollected amounts.
Orders provided on credit, if ever, are subject to credit approval by EOS Worldwide, which may in its sole discretion at any time change the terms of credit, require payment in cash, by bank wire transfer or by official bank check, and/or require payment of any or all amounts due or to become due by another Payment Method before shipment of any or all of the products. If EOS Worldwide believes in good faith that your ability to make payments for products purchased on credit may be impaired or if you fail to pay any invoice when due, then EOS Worldwide may suspend delivery of any order or any remaining balance thereof until such payment is made or cancel any order or any remaining balance thereof, and you will remain liable to pay for any products already shipped and all non-standard products ordered. You agree to provide EOS Worldwide with such financial information from time-to-time as may be reasonably requested by EOS Worldwide for the establishment and/or continuation of credit terms. Any amounts received may be applied by EOS Worldwide against any sum owed by you to EOS Worldwide, regardless of any statement appearing on or referring to such check, without discharging your liability for any additional amounts owing to EOS Worldwide, and the acceptance by EOS Worldwide of any check will not constitute a waiver of EOS Worldwide’s right to pursue the collection of any remaining balance. In the event of any failure to make any payment when due, EOS Worldwide may pursue any legal or equitable remedies, in which event EOS Worldwide will be entitled to reimbursement for costs of collection and reasonable attorneys’ fees.
Intellectual Property. Prices quoted are for the products specified only, and do not include technical data, proprietary rights of any kind, patent rights, qualification, or testing. If an order includes any materials protected by copyright or other intellectual property laws, those materials are provided by EOS Worldwide subject to those copyrights and other intellectual property rights; nothing in our Terms and Conditions will be construed to grant any intellectual property or other rights or license to use any such materials in any manner or for any purpose not expressly permitted by EOS Worldwide in writing. All rights in and to the products and any and all modifications, changes, enhancements, improvements, and upgrades thereto will be and remain with EOS Worldwide. To support the continuing product improvement of products for the benefit of all of its customers, EOS Worldwide reserves the right to incorporate into future versions of products any and all modifications, changes, enhancements, improvements, or upgrades, regardless of whether such modifications, changes, enhancements, improvements, or upgrades are suggested by you. In any such event, EOS Worldwide will have no obligation to compensate you in any manner. You may not reverse engineer, decompile or disassemble any products provided through or obtained from the EOS Online Store.
Shipping and Delivery.
We or our designees will pack products or items purchased through the EOS Online Store in accordance with our standard practices. You may be provided with available options to choose the method of shipment and timing of delivery for the applicable products or items ordered, and in such an event, you will be charged shipping and handling charges accordingly. Subject to our right of stoppage in transit, risk of loss and title for items purchased pass to you upon delivery of the items to the carrier. Neither confiscation nor destruction of, nor damage to, any products will release, reduce or in any way affect your liability to EOS Worldwide under our Terms and Conditions. Selection of the carrier and delivery route will be made by EOS Worldwide unless otherwise agreed to by EOS Worldwide in writing. Scheduled shipment dates are generally estimates only. We will however use commercially reasonable efforts to meet any scheduled shipment dates, but in no event will we be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery. EOS Worldwide reserves the right to make deliveries in installments. Delivery of a quantity which varies from the quantity ordered will not relieve you of the obligation to accept delivery and pay for the products delivered. Delay in delivery of one installment will not entitle you to cancel other installments. You are responsible for filing any claims with carriers for damaged and/or lost shipments. It also is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) concerning the possession or use of any item purchased from the EOS Online Store.
If you complete your purchase and specify shipment to an address outside the United States, you agree and acknowledge that you are: (i) authorizing EOS Worldwide or its designees to engage a third-party carrier on your behalf to manage the shipping and importation of the goods into that location; (ii) authorizing the third-party carrier’s customs broker to act as your agent to transport your purchases across the border to that location, clear the merchandise with the applicable border control organization, and process all applicable duties, taxes, and fees on your behalf; and (iii) authorizing EOS Worldwide to collect an additional amount at checkout to cover all of the applicable duties, taxes, and brokerage fees to be incurred on your behalf, and to retain any remaining amounts as an additional fee charged by EOS Worldwide to you for arranging for the importation of your order.
Limited Warranty. EOS Worldwide warrants that any products purchased through the EOS Online Store will be free from material defects for fourteen (14) days after delivery. EOS Worldwide makes no other warranty, express or implied, with respect to the products. THE WARRANTIES SET FORTH IN OUR TERMS AND CONDITIONS ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, USE OR APPLICATION, OR NON-INFRINGEMENT. With respect to any defective products, EOS Worldwide’s SOLE AND EXCLUSIVE LIABILITY, and your SOLE AND EXCLUSIVE REMEDY, will be limited, at EOS Worldwide’s election, to (a) refund of the purchase price for such products (without interest), (b) repair of such products, or (c) the replacement of such products; provided, however, that such defects must be reported to us within fourteen (14) days after delivery, and the products must then be returned to EOS Worldwide, along with acceptable evidence of purchase, within thirty (30) days from date of delivery, transportation charges prepaid (unless we expressly agree otherwise). All replaced products will become the property of EOS Worldwide. EOS WORLDWIDE’S AGGREGATE LIABILITY TO YOU IN DAMAGES OR OTHERWISE WILL IN NO EVENT EXCEED THE AGGREGATE PURCHASE PRICE OF THE PRODUCTS THAT ARE THE SUBJECT OF THE CLAIM OR DISPUTE. IN NO EVENT WILL EOS WORLDWIDE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, HOWSOEVER CAUSED. No action, regardless of form, arising out of, or in any way connected with any products provided by EOS Worldwide may be brought more than one (1) year after the cause of action accrued.
Acceptance of Products and Product Returns. Inspection and acceptance of products will be your responsibility. You are deemed to have accepted the products unless written notice of rejection is received by EOS Worldwide within fourteen (14) days after delivery. Notwithstanding the foregoing, any use of any products will constitute acceptance. You must report any discrepancy in shipment quantity or damage, and any claim for defective or non-compliant materials within fourteen (14) days after delivery. Only products originally shipped from EOS Worldwide or from a supplier at EOS Worldwide’s direction (drop-ship) may be returned to EOS Worldwide. Returned products must be in the original manufacturer’s shipping packages or cartons, complete with all packing materials. All products for return will be returned freight prepaid. If returned products are claimed to be defective, a complete description of the nature of the defect must be included with the returned products. Any products not eligible for return will be returned to you, freight collect.
Export Control. Certain products and related technology and documentation sold by EOS Worldwide are subject to export control laws, regulations and orders of the United States, the European Union, and/or other countries. You may not export or re-export any products and/or any related technology and documentation to any country or entity to which such export or re-export is prohibited under U.S. law, including, but not limited to, any country or entity under sanction or embargoes administered by the United Nations, U.S. Department of Treasury, U.S. Department of Commerce or U.S. Department of State.
General. OUR TERMS AND CONDITIONS GOVERN THE SALE OF ALL PRODUCTS BY EOS WORLDWIDE AND ITS AFFILIATES OR DESIGNEES THROUGH THE EOS ONLINE STORE AND APPLY NOTWITHSTANDING ANY CONFLICTING, CONTRARY OR ADDITIONAL TERMS AND CONDITIONS IN ANY PURCHASE ORDER OR OTHER DOCUMENT OR COMMUNICATION THAT YOU MAY PROVIDE, ALL OF WHICH ARE EXPRESSLY REJECTED. OUR TERMS AND CONDITIONS MAY ONLY BE WAIVED OR MODIFIED IN A WRITTEN AGREEMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF EOS WORLDWIDE. NEITHER EOS WORLDWIDE’S ACKNOWLEDGMENT OF A PURCHASE ORDER NOR EOS WORLDWIDE’S FAILURE TO OBJECT TO CONFLICTING, CONTRARY OR ADDITIONAL TERMS AND CONDITIONS IN A PURCHASE ORDER OR OTHER DOCUMENT WILL BE DEEMED AN ACCEPTANCE OF SUCH TERMS AND CONDITIONS OR A WAIVER OF OUR TERMS AND CONDITIONS.