THESE TERMS OF SALE, INCLUDING ANY AMENDMENTS THERETO, GOVERN ANY PURCHASES A BUYER MAKES ON OR THROUGH WWW.MUTASIA.COM (THE “SITE”). PLEASE READ THESE TERMS OF SALE CAREFULLY. THESE TERMS OF SALE ARE IN ADDITION TO AND SUPPLEMENT OUR TERMS OF SERVICE AND PRIVACY POLICY THAT YOU AGREED UPON ELSEWHERE.

These Terms of Sale have two (2) distinctive parts:

  • Part A (General) sets out the terms that apply to any and all purchases made on the Site; and
  • Part B (Purchases from MUTASIAN ENTERTAINMENT (“ME”)) sets out the terms that apply when a buyer purchases products from ME. Please refer to the relevant Parts A and B which are relevant to a purchase, before you proceed with such purchase. We may make changes to these Terms of Sale from time to time in our sole discretion. Each time changes are made to these Terms of Sale, revised terms and conditions will be posted on our website. If you do not object to the changes, the changes shall be deemed to have been accepted by you. If you do object to the changes, you are no longer bound to these Terms of Sale and are no longer allowed to make any purchases on our Site.

PART A – GENERAL TERMS

This Part A of the Terms of Sale sets out the terms and conditions which apply to purchases of products from ME.

Requirements for Purchases and Sales

The Site is owned and operated by Mutasian Entertainment, LLC, 4440 PGA Blvd., Suite 600, Palm Beach Gardens, Florida 33410, USA (”ME” or “we”). In order to buy products on our Site a buyer must be (i) an individual person with residence in the USA, who can legally make purchases with a credit card and who is fully capable to contract or (ii) a legal entity formed under the laws of the USA. Buyer’s under 18 are not allowed to make purchases on our Site.

Security

A buyer agrees that he or she is responsible for maintaining the security of, and restricting access to, his or her internet access and, if he or she is a member of the Site, his or her account and password. A buyer will be liable for all purchases and other activities that occur under his or her account, except if he or she is not responsible for such misuse since he or she did not infringe his relevant duties of care.

Site Availability

We cannot ensure continuing or uninterrupted availability of or secure access to our Site and our services. The operation of the Site may be interfered with by numerous factors outside of our control. ME will take all reasonable measures to keep any possible unavailability time to a minimum and to resolve maintenance, security and capacity incidents as well as force majeure events as soon as possible.

Limitation of Liability

BUYERS WHO USE THE SITE EXPRESSLY UNDERSTAND AND AGREE THAT ME AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO THEM FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PRODUCTS AND/OR SERVICES PROVIDED OR SOLD BY ME; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OR THROUGH THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.

Applicable Law

The relationship between you and ME, in particular any purchase concluded on the Site and under these Terms of Sale, are governed by the laws of the State of Florida, without regard to its conflict of law provisions. By using the Site as a buyer, you agree to submit to the exclusive jurisdiction of the courts located in Florida.

PART B – PURCHASES FROM ME

This Part B of the Terms of Sale sets out the terms and conditions that apply when a buyer purchases products and services from ME on the Site. These terms and conditions do not apply for purchases and sales made in the Store; please refer to Part C – Store Transactions below.

Requirements for Purchases from ME

We require that a buyer must comply with these Terms of Sale (including the ME Terms of Service and ME Privacy Policy, which can be found at Terms of Service and Privacy Policy respectively) in order to purchase a product and/or service on our Site.

Conclusion of the Contract

When a buyer places an order to buy a particular product from ME, that order qualifies as offer for the conclusion of the relevant sales. No sales will be concluded when a buyer places his offer since all our products on our Site qualify as simple “invitations to contract”, which are not binding in any way. We reserve the right to refuse or cancel any of a buyer’s orders, at any time in our sole discretion unless we have expressly accepted his order or made the product available to him or her. Upon placing an order the buyer will receive an email from ME notifying the buyer of the activity on his or her account. Buyer shall also receive an email notifying buyer that his or her purchase has been processed with an estimated shipping date. Buyers who have any problems with their ME products or services after making payment should contact ME’s customer service.

Pricing

All prices are listed in United States Dollars. Orders for products placed on our Site will be charged in United States Dollars. Items placed in a buyer’s shopping cart will always reflect the most recent price displayed on the item’s product detail page, if applicable. Please note that this price may differ from the price shown for the item when the buyer first placed it in his shopping cart. Placing an item in a shopping cart does not reserve the price shown at that time, so buyers should please carefully re-check all prices before sending off an order. It is also possible that an item’s price may decrease between the time a buyer places it in his shopping cart and the time he purchases it.

Despite our best efforts, a small number of the items sold by ME on our Site may be mis-priced. If an item’s correct price is higher than our stated price, we will, at our discretion and prior to delivering the product to a buyer, either contact the buyer for instructions or cancel the order and notify the buyer of such cancellation.

Please note that the above rules apply only to products sold and provided by ME.

How to Pay for Purchases from ME

A buyer may use Visa, MasterCard, Discover, American Express credit cards or PayPal to make payments to ME for purchases on the Site. A buyer agrees that when he or she places an order to purchase on our Site, he or she authorizes ME, or its designated payment processor, to charge the account specified by the buyer for the purchase amount. All payments are to be made in United States Dollars.

If a buyer pays by credit card, prior to the purchase of any of our products from ME on our Site, he or she must provide us with a valid credit card number or PayPal account and associated payment information including all of the following: (i) his or her name as it appears on the card or PayPal account, (ii) his or her credit card or PayPal account number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge his card. By submitting that information to us, a buyer authorizes us to charge his or her card or PayPal account with the amounts due at our convenience but within thirty (30) days of credit card authorization. The buyer’s card issuer or PayPal agreement governs his or her use of his or her designated card or PayPal account, and he or she must refer to that agreement and not this Terms of Sale to determine his rights and liabilities as a cardholder. A BUYER, AND NOT ME, IS RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO HIS CREDIT CARD OR PAYPAL ACCOUNT BY A THIRD-PARTY.

Buyers can purchase products from ME for a single purchase and payment for item(s) each time they submit an order to ME. When purchasing a product and/or service by subscription, the buyer authorizes ME and/or its processor of choice to charge the credit card or PayPal account the buyer has provided automatically for each such purchase.

Our Products Are Subject to Change; Possible Errors

We reserve the right to revise, discontinue or modify products we place and sell on our Site at any time and without prior notice to buyers or users of the Site. It is also possible that a product that has been ordered by a buyer is or becomes unavailable. In such case, prior to our acceptance of a buyer’s order, we will inform the buyer accordingly and at ME’s discretion ME shall either offer the Buyer the choice of a substitute item(s) of equal or greater value or to cancel the order. After acceptance, if a buyer has ordered a product or service that is not available and we are not responsible for such unavailability, we reserve the right to withdraw from the contract.
Although we seek to be accurate and avoid making errors, we cannot ensure that any product, description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Site, in an order confirmation, or in processing an order, we reserve the right, prior to our acceptance of a buyer’s order, to correct such error and revise that order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount already charged.

All Sales Final

ALL SALES MADE BY ME ARE FINAL. AS SOON AS A BUYER CLICKS THE “CHECK OUT” BUTTON, HIS OR HER PURCHASE IS CHARGED TO THE CREDIT CARD OR PAYPAL ACCOUNT HE OR SHE HAS PROVIDED. IN NO CIRCUMSTANCES CAN A BUYER CANCEL A PURCHASE OR RECEIVE A REFUND FOR A PURCHASE.

How We Deliver Products

We deliver products purchased from us via the buyer’s selected method of shipping as chosen from the current options provided on our site or either directly to the purchaser or when applicable by making them available for use on the Site to the buyer in accordance with these Terms of Sale, our Terms of Service and our Privacy Policy. Unless explicitly specified, no title to a product and/or services which is available for use on our site is passed from ME to a buyer.

Last Updated on: 04/28/17