1. Orders, Price and Payment
a) Price and Order. The total price for the Products you are purchasing will be stated on the purchase order or confirmation notice displayed at the last step of the ordering transaction before you confirm your purchase, and, upon your acceptance of the purchase order or confirmation notice as well as all of the terms and conditions of this Agreement, the purchase order or notice becomes your “Order”, which is an offer by you to Acuva to purchase such Products on the terms set out therein and this Agreement.
b) Availability. All Orders are subject to availability. When placing your Order, the confirmation notice will display whether the item is in-stock (an “In-Stock Product”), out-of-stock (an “OutOf-Stock Product”), or a pre-order (a “Pre-Ordered Product”).
c) Acceptance. Orders submitted by you are not binding upon Acuva until the Order is accepted by Acuva as indicated by Acuva’s acceptance of the Order and/or issuance of an invoice (an “Invoice”) to you for such Order, which issuance constitutes Acuva’s acceptance of your Order.
d) Merchant. Acuva may appoint a merchant of record (the “Merchant”), as indicated in your confirmation notice, as the merchant of record for the transaction. In such a case, the Merchant will accept payment, handle Orders, and handle shipments for and behalf of Acuva. Accordingly, your point of contact for dealing with Orders may be the Merchant and not Acuva directly; check your Invoice for more details.
f) Subject to Cancellation. Acuva reserves the right to decline to accept your Order, or to cancel an accepted Order after an Invoice, at any time, including, without limitation, in the event there is an error, typographical error, inaccuracy, omission or mistake to the price of any of Acuva’s Products or Product descriptions, promotions, offers or availability. Prices, specifications and configurations are subject to change without notice. Although Acuva makes reasonable efforts to ensure that the Site is current and contain no errors or inaccuracies, Acuva makes no representations, warranties or guarantees that the information, content or materials included in the Site will be error-free or completely accurate or current at all times, or at any time. Acuva reserves the right at any time in Acuva’s sole and absolute discretion and without notice to correct any errors, inaccuracies or omissions to the information on the Site.
g) Taxes, Duties and Extra Charges. Prices advertised on the Site may not include shipping and handling charges or applicable country or region-specific sales, goods or services taxes, which may be added to the price you pay. Calculation of taxes and shipping charges occurs before your Order is submitted and charged to your credit card as part of the total order amount. You are also responsible for any customs duties or any other similar fees associated with your Order.
h) Currency. All pricing will be noted on your Order and on the Invoice in the appropriate countryor region-specific currency as indicated thereupon. Depending on that currency, your credit card company may apply a conversion rate and additional fees that are outside of Acuva’s control. Furthermore, if for any reason pursuant to this Agreement you become entitled to a refund, that refund may be converted by your credit card company at a different rate meaning that it may be lesser than, or greater than, the actual amount charged to you by your credit card company, as the case may be.