Privacy - Terms & Conditions - Financing & Payment 

TERMS

By using Ovetstocker.com Services, you agree to these conditions. Please read them carefully.
 

• When you use an Overstocker.com Service, you will also be subject to the guidelines, terms and agreements applicable to that Overstocker Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control. We offer a wide range of Services, and sometimes additional terms may apply. Any part, provision, representation or warranty of this Agreement which is prohibited or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. You agree that each section of this agreement will be deemed in maximum legal favor Overstocker to the full extent permissible by law.

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ELECTRONIC COMMUNICATIONS

• When you use any Overstocker  Service, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on this site or through the other Overstocker Services, such as our Message Centre, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
   

COPYRIGHT

• All content included in or made available through any Overstocker Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Overstocker or its content suppliers and protected by American and international copyright laws. The compilation of all content included in or made available through any Overstocker Service is the exclusive property of Overstocker.com and protected by American and international copyright laws.
   

TRADEMARKS

• Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Overstocker Service are trademarks or trade dress of Overstocker.com, Inc., or its affiliates, in the United States and other countries. Overstocker.com, Inc.'s or its affiliates trademarks and trade dress may not be used in connection with any product or service that is not Overstocker.com, Inc.'s or its affiliates', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Overstocker.com, Inc. or its affiliates. All other trademarks not owned by Overstocker.com, Inc. or its affiliates that appear in any Overstocker Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Overstocker.com, Inc. or its affiliates.
   

INTELLECTUAL PROPERTY COMPLAINTS

• Overstocker.com respects the intellectual property of others. If you believe that your intellectual property rights are being infringed please contact help@overstocker.com for removal.

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LICENCE AND ACCESS

• Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Overstocker or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Overstocker Services. This licence does not include any resale or commercial use of any Overstocker  Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Overstocker Service or its contents; any downloading copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Overstocker or its licensors, suppliers, publishers, rightsholders, or other content providers. No Overstocker Service, nor any part of any Overstocker Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Overstocker. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Overstocker without express written consent. You may not use any meta tags or any other "hidden text" utilizing Overstocker name or trademarks without the express written consent of Overstocker. You may not misuse the Overstocker  Services. You may use the Overstocker Services only as permitted by law. The licences granted by Overstocker terminate if you do not comply with these Conditions of Use or any Service Terms.
   

YOUR ACCOUNT

• You may need your own Overstocker account to use certain Overstocker Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account.  You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.  Overstocker reserves the right to refuse service, terminate accounts, terminate your rights to use Overstocker Services, remove or edit content, or cancel orders in its sole discretion.
   

YOUR MEMBERSHIP

• You may sign up for a membership with Overstocker that provides an additional 10% savings on all orders. Membership cost is per shipping address and location at $2,280 annually billed quarterly as adjustment. You may opt out at any time with 30 day notice provided there is no current order in place using membership. Unfulfilled orders may be cancelled to end membership.
   

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

• You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Overstocker  reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

• If you do post content or submit material, and unless we indicate otherwise, you grant Overstocker a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant Overstocker and sublicencees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Overstocker for all claims resulting from content you supply. Overstocker has the right but not the obligation to monitor and edit or remove any activity or content. Overstocker takes no responsibility and assumes no liability for any content posted by you or any third party.
   

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY​

• OVERSTOCKER.COM SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OVERSTOCKER SERVICES ARE PROVIDED BY OVERSTOCKER ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. OVERSTOCKER.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE OVERSTOCKER.COM SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OVERSTOCKER.COM SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE OVERSTOCKER SERVICES IS AT YOUR SOLE RISK.

• TO THE FULL EXTENT PERMISSIBLE BY LAW, OVERSTOCKER.COM DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OVERSTOCKER DOES NOT WARRANT THAT THE OVERSTOCKER.COM SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OVERSTOCKER.COM SERVICES; ITS SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM OVERSTOCKER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, OVERSTOCKER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY OVERSTOCKER SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY OVERSTOCKER SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
   

DISPUTES AND CHARGEBACKS

• Any dispute or claim relating in any way to your use of any Overstocker Service, or to any products or services sold or distributed by Overstocker or through Overstocker.com Services will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify and (2) if an applicable law in your state or province of residence gives you the right to resolve your dispute or claim before the courts of that province notwithstanding your agreement to arbitration, you may elect either to do so or proceed in arbitration.

• There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

• To begin an arbitration proceeding, you must send an email letter requesting arbitration and describing your claim to help@overstocker.com. We will forward this claim to our agent within 30 business days. You agree to use the arbitrator of Overstocker choice. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totalling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Overstocker will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

• We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.Additionally we agree on a full non disclosure agreement for any such proceedings. The details of such an Non disclosure agreement will be provided upon requesting arbitration or claim. This non disclosure will protect Overstocker and all associated parties to Overstocker to the full extent of the law and will protect you to the full/maximum extent of the law. Both parties agree not to publicly slander or defame (libel) any interactions or claims with one another. Each occurrence will be fined a minimum of $100,000 or the maximum permissible by law.

• You agree to the terms and conditions set on this page. You agree to contact us in writing at info@overstocker.com for any and all refunds, or charge disputes. Chargeback through your bank or credit card provider will be deemed frivolous if there is no record of communication or are outside of this agreement. Frivolous chargebacks will be sent to collections against you and your business name for the full amount of your original order (whether it has been fulfilled or not) plus a collections fee of $2485.22. Once sent to collections we cannot reverse this and will not be able to take payment. Overstocker will attempt to contact you to try to resolve any disputes prior to submitting to collections but if no response is received within 30 days your payment method may be charged for the full amount. If this is not successful your file will be closed with Overstocker and sent to collections. You will also not be able to purchase anything in the future from Overstocker, its partners or affiliates.
   

APPLICABLE LAW

• By using any Overstocker Service, you agree that the U.S. Federal Arbitration Act, applicable U.S. federal law, and the laws of the state of Utah, United States, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Overstocker, except to the extent American federal or State law says otherwise.
   

RETURNS, REFUNDS AND TITLE

• Overstocker does not take title to returned items until the item arrives at our fulfillment centre. At our discretion, a refund may be issued without requiring a return. 30 day returns are accepted on unopened merchandise. 45 day exchanges are only applicable to merchandise that is defective. All returns and exchanges are governed by this policy.

• Any orders placed and later canceled by the purchaser will be subject to a 5.5% transaction fee. All orders are subject to a 50% restocking fee - no exceptions. Electrical items, special orders or items requiring upholstery or laminate selections are not refundable. Bankruptcy/liquidation sale items are non refundable after purchase and non returnable. Returned items must be unused and in a resalable condition. Refunds are issued within 30 days of equipment return. Freight charges will not be refunded and subtracted to the original cost even if free shipping was offered the actual cost of shipping the equipment will be deducted from the refund. Return shipping is the sole responsibility of the buyer. On all returns, an RMA number must be received prior to returning any product.
   

BANKRUPTCY SALES

• Overstocker liquidates equipment in accordance to Trustee and formal/informal Bankruptcy and liquidation sales. These sales are offered as part of a pre-sale. Products are not always in the possession of Overstocker.com. Sales can take 300 days to complete the bankruptcy process.1.Bid is made to acquire products from Trustee or Liquidator. 2.Products are listed online as Pre-Sale Bankruptcy on Overstocker 3.Pre-sale term is determined by product sales and is capped at 300 days. Sale is complete once 90% threshold of products is sold. 4.Once threshold has been reached Overstocker takes delivery of the products and ships to purchaser within 14 business days of Overstocker accepting delivery. 5.Products must be inspected by purchaser within 3 business days of delivery. 

• Bankruptcy Sale items are marked as such on the product page along with the receipt and strictly follow the guidelines set forth. For additional information on Bankruptcy sales please contact your sales rep prior to purchase. Any purchases made without a sales rep will follow this guidelines and cannot be amended post sale. It is solely your responsibility(the purchaser) responsibility to retain a sales rep prior to purchase. 

• You may not purchase these products for resale. Purchasing limits can be found in the advertising materials along with other locations and must be followed. Not following these limits may result in the cancellation of your order at the discretion of Overstocker and you may be subject to restocking and cancellation fees along with other fees. 
   

SAFETY INSTRUCTIONS.

• You acknowledge that You are responsible and have received, carefully reviewed and are satisfied with, the training, instructions, operating and user manuals, and other information (including all training required under applicable OSHA and/or ANSI Standards, if any) regarding the proper and safe transportation, use, maintenance, repair and storage of the Products (“Instructions”) provided by the Product’s original manufacturer (“OEM”) and/or Us. We are not responsible to provide you with such material but may do so at our own discretion when available. You will fully comply with, and will cause your employees and agents to read and fully comply with all such Instructions. You will use the Product(s) only for the purpose(s) for which it/they was/were manufactured, in a reasonable and safe manner, and in full compliance with all applicable federal, state, and local laws, rules, and regulations. Use of the products for any purpose or in any manner other than as specified above or continued use of any product that is defective, damaged or malfunctioning, may result in injury to persons or property, or death. Accordingly, you agree to immediately discontinue use of any Product found to be defective, in need of repair or maintenance, or otherwise not properly functioning. 
   

OEM SOFTWARE AND SUBSCRIPTIONS 

• You acknowledge that is your sole responsibility to acquire and license any needed software from OEM manufacturer. Overstocker is not responsible to provide, maintain, inform of or advertise any necessary software. You are responsible to confirm that this can be acquired by you in your state/country and do not hold Overstocker liable for any issues from such. Overstocker only provides hardware. 
   

RECEIPT/INSPECTION OF PRODUCTS

• You acknowledge that, upon Your receipt of any Product(s), You will immediately inspect the same and ensure that, as delivered to You, each such Product is safe and in good operating condition and repair and otherwise in all ways acceptable to You. You acknowledge that You have selected the Product(s) based on Your determination that it/They is/are appropriate for Your purposes, use, application and environment, and not based on any recommendation by Overstocker. Except as expressly set forth herein, each Product is provided to You AS IS, WHERE IS and without any warranty by Overstocker as to its condition or appropriateness for Your purpose.
   

USE, TRANSPORTATION AND STORAGE 

• You acknowledge that the possession, use, transportation, and/or storage of the Products may give rise to the risk of personal injury and/or property damage. Unless otherwise agreed in writing by Overstocker all Products will be shipped F.O.B. shipping point in Salt Lake City, Utah (Incoterms 2000). You assume all such risk and release and discharge us from any and all liens, liabilities and claims arising in connection with the same, including without limitation, any and all claims arising or in connection with our negligence (other than our own intentional misconduct).
   

HOLD HARMLESS/INDEMNITY

• You assume all risks associated with the possession, use, transportation and storage of the Product(s). Accordingly, You hereby waive any and all liens and claims arising from or associated with, and agree to indemnify, defend and hold harmless Overstocker, its parents, affiliates and subsidiaries, and their respective officers, directors, shareholders, agents employees, representatives, successors and assigns, from and against, any and all liabilities, claims damages, losses costs and expenses (including without limitation, attorney’s fees, claims for bodily injury(ies) (including death), property damage, loss of time and/or inconvenience) arising in connection with such possession, use, transportation and/or storage, regardless of the cause and including any injuries and/or damages suffered by You, Your employees and/or any third party(ies), except to the extent directly resulting from our intentional misconduct.
   

SITE PREPARATION.

• If Overstocker are to deliver any Product(s), you agree to have the delivery site clean and ready for the delivery and installation, and You agree to pay an additional charge for any delay incurred, or additional labor performed by Us or our delivery partners resulting from Your failure to timely do so.
  
   

DTPA WAIVER.

• I (the Customer) waive my rights under the Deceptive Trade Practices-Consumer Protection Act, Section 17.41 et seq., Business & Commerce Code, a law that gives consumers special rights and protections. After consultation with an attorney of Your own selection, You voluntarily consent to this waiver.
   

SUBCONTRACTING AND ASSIGNMENT.

• You may not assign any of your rights, remedies or obligations arising hereunder or in connection herewith.

• DPLLC equipment is shipped FOB: Salt Lake City, Utah or Shipping Point Overstocker shall not be liable for failure or delays in delivery or performance due to causes beyond its reasonable control including without limitation, delays in manufacture or transportation, acts of purchaser or others acting for or on behalf of purchaser, strikes or other labor difficulties, government controls or actions, acts of God or other casualties. In the event of such delay, the date of delivery or performance shall be extended for a period equal to the time lost because of the delay.
   

INSTALLATION 

• All installations must be performed by a certified/qualified technician or Your equipment guarantee may be void. All x-rays must be installed in accordance within your state
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