Terms and Conditions for Sale of Goods

1. Introduction and Acceptance

Welcome to stablecaster.com. These Terms and Conditions for Sale of Goods (“Terms”) govern the relationship between stablecaster.com (“we,” “us,” “our,” or the “Reseller”) and you, the customer (“you” or “Customer”) regarding the purchase and resale of products through our website. By placing an order through our site, you agree to be legally bound by these Terms, which constitute the entire agreement between you and us concerning your purchase. Please read them carefully before completing your transaction.

These Terms are structured to reflect our role as an authorized reseller. We do not manufacture the products we offer but provide them to you through a distribution network. Your rights and obligations are therefore detailed in this framework, and they may be supplemented by additional terms provided by the original supplier.

2. Status of the Reseller and Product Information

You acknowledge and agree that we act as a reseller or intermediary for the products listed on our website. The goods you purchase are sourced from third-party suppliers and manufacturers.

• No Warranties from Reseller: To the maximum extent permitted by applicable law, we make no express or implied warranties regarding the products, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
• Supplier Warranties: Any manufacturer or supplier warranties, if applicable, are provided directly by the original producer of the goods and pass through to you as the end-user. We do not provide our own warranties on the physical goods beyond what is mandated by law.
• Accuracy of Information: We endeavor to provide accurate product descriptions, specifications, and images. However, as a reseller, we rely on information provided by our suppliers. While we strive for accuracy, we do not guarantee that all product descriptions, pictures, or other content on our site are entirely accurate, complete, reliable, current, or error-free.

3. Placing an Order and Formation of Contract

Our website provides a platform for you to submit orders.

• Order Acceptance: All orders submitted by you constitute an offer to purchase products. We reserve the right, at our sole discretion, to accept or reject any order for any reason.
• Acknowledgment: Receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute a confirmation of our offer to sell. We reserve the right, before accepting your order, to request additional verification or information.
• Contract Formation: A legally binding contract between you and us for the purchase of goods is formed only when we dispatch the products to you and send you a shipment confirmation. Until that point, we may cancel your order without liability.

4. Intellectual Property Rights

You acknowledge that all intellectual property rights (including but not limited to copyrights, trademarks, service marks, and trade names) in the products, their packaging, and any associated promotional materials remain the sole and exclusive property of the respective manufacturers or suppliers.

• Limited License: By purchasing the products, you are granted a non-transferable, non-exclusive, and limited right to use the goods for your personal or business use, subject to the terms of any end-user license agreement that may accompany the product.
• Restrictions: You are strictly prohibited from modifying, reverse engineering, decompiling, disassembling, or creating derivative works from the products. You may not remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on or in the products.
• Our Content: The content on our website, including text, graphics, logos, and software, is our property or the property of our licensors and is protected by intellectual property laws. You are granted a limited license to access and view this content for personal, non-commercial use in connection with purchasing products.

5. Limitation of Liability

To the fullest extent permitted by law, our total liability and your sole remedy for any claims arising out of or relating to these Terms or your purchase of products shall be limited.

• Exclusion of Damages: Under no circumstances shall we, our affiliates, or our suppliers be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to lost profits, loss of revenue, loss of data, business interruption, or loss of goodwill, arising from or related to the sale or use of our products, even if we have been advised of the possibility of such damages.
• Cap on Liability: Our aggregate liability for any direct damages shall be limited to the amount paid by you for the specific product that is the subject of the claim. This limitation applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise).

6. Indemnification

You agree to indemnify, defend, and hold us harmless from and against any and all claims, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your breach of these Terms.
• Your misuse of the products.
• Your violation of any law or the rights of a third party.
• Any product liability claims arising from your modification of the goods.

7. Governing Law and Dispute Resolution

The formation, interpretation, and performance of these Terms shall be governed by the laws of the jurisdiction in which our business is registered, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms shall be resolved exclusively through binding arbitration in accordance with the rules of a recognized arbitration association. The arbitration shall be conducted in a location of our choosing, and the decision of the arbitrator shall be final and binding. Both parties waive any right to a trial by jury or to participate in a class action lawsuit or class-wide arbitration.

8. Modification of Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Changes will be effective immediately upon posting to our website. It is your responsibility to review these Terms periodically for changes. Your continued use of our website or placement of an order after such modifications constitutes your acceptance of the new Terms.

9. Miscellaneous

• No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Relationship of Parties: The relationship between you and us is that of independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship.