Standard Terms and Conditions:
These terms and conditions govern the sale of Products (“Product” or “Products”) and provisions of services (“Services”) by EC-Council International Limited (“EC-Council”) and its affiliates and/or wholly owned subsidiaries (together referred to as “Seller”) which is made available to you (“Customer”) by EC-Council on the websites https://store.eccouncil.org/ and https://aspen.eccouncil.org/store.
- Orders: All orders placed by Customer are subject to acceptance by Seller. Orders may not be cancelled or rescheduled without Seller’s written consent. All orders must identify the products, unit quantities, part numbers, applicable prices and requested delivery dates of the Products being purchased. Unless otherwise agreed, all materials will be shipped no later than one year from the date that Seller accepts the purchase order. Seller may in its sole discretion allocate Product among its Customers. Seller may designate certain Products and Services as non-cancellable, non- returnable (“NCNR”) and the sale of such Products shall be subject to any special terms and conditions contained in Seller’s Order Acknowledgement or NCNR Letter, which shall prevail and supersede any inconsistent terms and conditions contained herein or elsewhere. Further, the delivery address and/or billing address and/or the shipping address can not be changed after the placing of the order.
- Prices: The prices of the Products are those prices specified on the front of the invoice. Pricing for undelivered Products may be increased in the event of an increase in Seller’s cost, change in market conditions or any other causes beyond the Seller’s reasonable control. Price quotations shall automatically expire in thirty (30) days from the date issued, or as otherwise stated in the quotation.
- Taxes: Unless otherwise agreed to in writing by Seller, all prices quoted are exclusive of transportation and insurance costs, duties, and all taxes including federal, state and local sales, excise and value added, goods and services taxes, and any other taxes. Customer agrees to indemnify and hold Seller harmless for any liability for tax in connection with the sale, as well as the collection or withholding thereof, including penalties and interest thereon. When applicable, transportation and taxes shall appear as separate items on Seller’s invoice.
- Any Customer who undertakes or purchases an item using https://store.eccouncil.org/ and/or https://aspen.eccouncil.org/store shall make payment by check, money order, credit card, PayPal, 2checkout or wire transfer (all fees are borne by the Customer). Where Seller has extended credit to Customer, terms of payment shall be net thirty (30) days from date of invoice, without offset or deduction unless otherwise noted. On any past due invoice, Seller may impose interest at the rate of one and a half percent [1.5%] per month. If Customer fails to make each payment when it is due, Seller reserves the right to change or withdraw credit and thereby suspend or cancel performance under any or all purchase orders or agreements in which Seller has extended credit to Customer. In the event of default by Customer, Seller shall be entitled to costs, fees, and expenses, including but not limited to recovery of attorney fees, court costs and fees, and collections costs.
- Delivery and Title: All deliveries will be made “EX-WORKS” place of shipment. Title and risk of loss pass to the Customer upon delivery of the Product to the carrier. Seller’s delivery dates are estimates only and Seller is not liable for delays in delivery or for failure to perform due to causes beyond the reasonable control of the Seller, nor shall the carrier be deemed an agent of the Seller. A delayed delivery of any part of an Order does not entitle Customer to cancel other deliveries. Further, the Seller assumes no liability if the delivery, billing or shipping address is incorrectly provided by the Customer at the time of placing the order. Under such circumstances, the Customer shall be responsible for all charges from the freight companies.
- Returns, Refund and Exchanges: Only products originally shipped from Seller or from an authorized supplier (drop-ship) will be considered for return to Seller. By a Customer requesting return of products to Seller, the Customer certifies that the products were purchased from Seller and there has been no substitution of the Product from another supplier, distributor or other source of the product. Any return must be in the original packaging and in unused condition.Any item for exchange must be in new condition and in the original packaging. Exchanges must be requested within 7 days of ship date. Defective item(s) may be exchanged/returned for the same item. Items purchased from Seller that have been used or altered and any items that have been sold as NC/NR will not be accepted for exchange.Products listed as NC/NR status (Non-cancellable and Non-Returnable) are identified on the Cart Page for web orders and via Order Acknowledgement for all other orders.Seller reserves the right to charge cancellation and restocking fees, at a minimum rate of 20% to be deducted from the Customer refund. Seller does not refund the original shipping and handling. Customer is responsible for all return freight charges. Seller does not accept COD shipments.
For more details on return, exchange and refund policy, please visit here.
- Limited Warranty: Seller will transfer to Customer any Product warranties and indemnities authorized by the manufacturer, including any transferable warranties and indemnities for intellectual property infringement. Seller warrants to Customer that Products purchased hereunder will conform to the applicable manufacturer’s specifications for such products and that any value- added work performed by Seller on such Products will conform to applicable Customer’s specifications. If Seller breaches this warranty, Customer’s remedy is limited to (at Seller’s election) (1) refund of Customer’s purchase price for such Product (without interest), (2) repair of such Products, or (3) replacement of such Products; provided that such Products must be returned to Seller, along with acceptable evidence of purchase, within 20 days from date of delivery, transportation charges prepaid. No warranty will apply if the Product has been subject to misuse, static discharge, neglect, accident or modification, or has been sold. SAVE AS EXPRESSLY PROVIDED IN THESE SERVICE TERMS, ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS (WHETHER STATUTORY OR OTHERWISE) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, SELLER MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND WARRANTIES AGAINST LATENT DEFECTS.
- Limitation of Liabilities: BOTH CUSTOMER AND SELLER SHALL NOT BE LIABLE FOR, LOSS OF PROFITS OR REVENUE, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEADS, BUSINESS INTERRUPTION COST, LOSS OF DATA, REMOVAL OR REINSTALLATION COSTS, INJURY TO REPUTATION OR LOSS OF BUYERS, PUNITIVE DAMAGES, IPR INFRINGEMENT, LOSS OF CONTRACTS OR ORDERS OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE. CUSTOMER’S RECOVERY FROM SELLER FOR ANY CLAIM SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE AFFECTED PRODUCTS IRRESPECTIVE OF THE NATURE OF THE CLAIM WHETHERIN CONTRACT, TORT, WARRANTY, OR OTHERWISE. CUSTOMER WIL INDEMNIFY, DEFEND AND HOLD SELLER HARMLESS FROM ANY CLAIMS BASED ON (a) SELLER’S COMPLIANCE WITH CUSTOMER’S DESIGNS, SPECIFICATIONS, OR INSTRUCTIONS, (b) MODIFICATION OF ANY PRODUCTS BY ANYONE OTHER THAN SELLER, or (c) USE IN COMBINATION WITH OTHER PRODUCTS.
- Export Control: Customer certifies that it will be the recipient of the Products to be delivered by Seller. Customer understands that the associated hardware, software, and/or technical data (“products”) listed on their Purchase Order includes items that are governed by the Strategic Commodities Control System, Hong Kong, U.S. Export Administration Regulations(“EAR”), by the U.S. Foreign Assets Control Regulations (“OFAC”) and the International Traffic in Arms Regulations (“ITAR”). The Customer understands that its sale or distribution of said products may constitute exports or re-exports, and as such, must be in accordance with the requirements administered by Bureau of Industry and Security, Department of Treasury, and Department of State. It is understood that the country of ultimate destination, commodity classification, end-user, or end-use for any said products, could affect the applicable license requirements and exportability. The Customer agrees to consult various resources, such as the EAR, ITAR, and OFAC, by the U.S Department of Commerce’s Bureau of Industry and Security’s (“BIS”) Export Counselling Division, and other appropriate Government Sources to ensure that the sales and distribution of said products, is processed in accordance with all applicable laws. The Seller will not transfer any export-controlled products to a “non-U.S. Person” without the proper authority of the United States Government, and the Customer’s written approval.
- Responsibility for Importation in case of International Purchase: When ordering products from Sellers, Customer is responsible for lawfully importing the product into the country in which you are located, provided you are not located in any of the U.S. Sanctioned Country and act as the importer on record for customs purposes into your country. The risk of loss and title for such products that you purchase from the Seller pass to you upon the delivery of such product to the carrier. You may be subject to taxes and fees levied by customs and tax authorities which may be included in the price of the product paid by you at the time of purchase. For each product which you purchase from the Seller, you authorize the Seller to designate a carrier (“Designated Carrier”) to act as your agent with the relevant customs and tax authorities, to carry out the customs clearance for the merchandise, process and pay the taxes and fees levied by customs and tax authorities for such items. You agree that you will be the final consumer of the product or that you will be giving the product to another individual as a gift, and in any case that the product is being purchased for personal use only and not for resale or for any commercial use. Should you wish to obtain documentation or receipts in connection with customs clearance, you may contact the Designated Carrier specified in your shipment confirmation e-mail. You agree to grant the authorizations on behalf of yourself or the receipt designated in case of gifts or other purchases made on behalf of another recipient in your order for products purchased from the Sellers.
- Force Majeure: Seller is not liable for failure to fulfill its obligations for any accepted Order or for delays in delivery due to causes beyond Seller’s reasonable control including, but not limited to, acts of God, natural or artificial disaster, riot, war, strike, delay by carrier, shortage of Product, acts or omissions of other parties, acts or omissions of civil or military authority, Government priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, acts of terrorism, delays in transportation or inability to obtain labor, materials or Products through its regular sources, which shall be considered as an event of force majeure excusing Seller from performance and barring remedies for non-performance. In an event of force majeure condition, the Seller’s time for performance shall be extended for a period equal to the time lost as a consequence of the force majeure condition without subjecting Seller to any liability or penalty. Seller may, at its option, cancel the remaining performance, without any liability or penalty, by giving notice of such cancellation to the Customer.
- General: The laws of Hong Kong will exclusively govern any dispute between Seller and Customer. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
- In the event any of the terms and conditions as provided in this Service Terms are in conflict with any other terms and conditions of 2checkout or any other payment platform, the terms and conditions of this Service Terms shall prevail.
- EC-Council or Seller reserves the right to change and/or modify any terms and conditions as provided in this Service Terms, without obligation to provide notice to You.