Complaint Review: Accessory Buys - Internet

Terms and Conditions

Payment & Billing

All billing information provided must be truthful

and accurate. Providing any untruthful or

inaccurate information constitutes a breach of

this Agreement and may result in order

cancellation. Prior to accepting an order we

may also request additional information from

you. We reserve the right to refuse or cancel an

order for any reason including limitations on

quantities available for purchase, inaccuracies,

or errors in product or pricing information, or

problems identified by our credit and fraud

avoidance department. If your order is

canceled after your credit card (or other

payment account) has been charged, we will

issue a credit to your credit card (or other

applicable payment account) in the amount of

the charge. We will contact you if all or any portion of your order is canceled or if additional

information is required to accept your order.

We may request a pre-authorization for some

orders placed online with a credit or debit card.

This pre-authorization will not be billed to you;

however, your card issuer may hold this amount

for a short period. Your card issuer determines

the length of time the pre-authorization is held.

We do this to ensure that the card details are

still valid and that you have sufficient funds to

complete the transaction.

We reserve the right to limit the quantity of

items purchased per person, per household or

per order for any reason. These restrictions

may apply to orders placed by the same

account, the same credit card, and also to

orders that use the same billing and/or shipping

address. We will the notify customer should

such limits be applied.

Limitation of Liability. ACCESSORY BUYS DOES

NOT ACCEPT LIABILITY BEYOND THE REMEDIES

SET FORTH HEREIN, INCLUDING BUT NOT

LIMITED TO ANY LIABILITY FOR PRODUCT NOT

BEING AVAILABLE FOR USE, LOST PROFITS, LOSS

OF BUSINESS, OR THE PROVISION OF SERVICES

AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED

HEREIN, ACCESSORY BUYS WILL NOT BE LIABLE

FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT,

OR PUNITIVE DAMAGES, EVEN IF ADVISED OF

THE POSSIBILITY OF SUCH DAMAGES, OR FOR

ANY CLAIM BY ANY THIRD PARTY. YOU AGREE

THAT FOR ANY LIABILITY RELATED TO THE

PURCHASE OF ANY PRODUCT, ACCESSORY BUYS

IS NOT LIABLE OR RESPONSIBLE FOR ANY

AMOUNT OF DAMAGES ABOVE THE AMOUNT

INVOICED FOR THE APPLICABLE PRODUCT.

NOTWITHSTANDING ANYTHING IN THIS

AGREEMENT TO THE CONTRARY, THE REMEDIES

SET FORTH IN THIS AGREEMENT SHALL APPLY

EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL

PURPOSE.

Arbitration

Governing Law. THE PARTIES AGREE THAT THIS

AGREEMENT, ANY SALES THERE UNDER, OR ANY

CLAIM, DISPUTE OR CONTROVERSY (WHETHER

IN CONTRACT, TORT OR OTHERWISE, WHETHER

PRE-EXISTING, PRESENT OR FUTURE, AND

INCLUDING STATUTORY, CONSUMER

PROTECTION, COMMON LAW AND EQUITABLE

CLAIMS) BETWEEN CUSTOMER AND ACCESSORY

BUYS arising from or relating to this Agreement,

its interpretation or the breach, termination or

validity thereof, the relationships which result

from this agreement, ACCESSORY BUYS's

advertising, or any related purchase SHALL BE

GOVERNED BY THE LAWS OF THE STATE OF NEW

YORK, WITHOUT REGARD TO CONFLICTS OF

LAW.

Dispute Resolution and Binding Arbitration. YOU

AND ACCESSORY BUYS ARE AGREEING TO GIVE

UP ANY RIGHTS TO LITIGATE CLAIMS IN A

COURT OR BEFORE A JURY, OR TO PARTICIPATE

IN A CLASS ACTION OR REPRESENTATIVE

ACTION WITH RESPECT TO A CLAIM. OTHER

RIGHTS THAT YOU WOULD HAVE IF YOU WENT

TO COURT MAY ALSO BE UNAVAILABLE OR MAY

BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY

(WHETHER IN CONTRACT, TORT OR OTHERWISE,

WHETHER PRE-EXISTING, PRESENT OR FUTURE,

AND INCLUDING STATUTORY, CONSUMER

PROTECTION, COMMON LAW, INTENTIONAL

TORT, INJUNCTIVE AND EQUITABLE CLAIMS)

BETWEEN CUSTOMER AND ACCESSORY BUYS, its

agents, employees, successors, assigns, direct

and indirect subsidiaries, and any third party

providing any products or services to you in

connection with your purchase (collectively

"ACCESSORY BUYS") arising from or relating in

any way to your purchase of Product, this

Agreement, its interpretation or the breach,

termination or validity thereof, the relationships

which result from this Agreement (including

relationships with third parties who are not

signatories to this Agreement), ACCESSORY

BUYS's advertising or any related purchase

SHALL BE RESOLVED EXCLUSIVELY AND FINALLY

BY BINDING ARBITRATION. You agree not to

make any complaint, dispute, chargeback, public

comment, Better Business Bureau complaint, or

any complaint in any form, except binding

arbitration. The arbitration shall take place in

New York City, and shall be administered by the

American Arbitration Association (AAA) or JAMS

(or a substitute forum if both are unavailable).

Arbitration proceedings shall be governed by

this provision and the applicable procedures of

the selected arbitration administrator, including

any applicable procedures for consumer-related disputes, in effect at the time the claim is filed.

The sole forum for arbitration shall be New

York. This transaction shall be governed by the

Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).

Any award of the arbitrator(s) shall be final and

binding on each of the parties, and may be

entered as a judgment in any court of

competent jurisdiction. ACCESSORY BUYS will be

not responsible for paying any individual

consumer's arbitration/arbitrator fees. Each

party agrees to pay their respective fees for

arbitration, attorney’s fees if applicable, and any

and all related costs, regardless of which party

prevails. Any breach of this arbitration

agreement or of this sales contract will carry a

$150 minimum penalty plus any and all related

damages. Information on AAA or JAMS and their

applicable rules are available at the following

numbers and URLs: American Arbitration

Association,(800) 778-7879, www.adr.org; JAMS,

(800) 352-5267, www.jamsadr.com. If any claim,

dispute, or complaint in any form is made in

violation of this arbitration agreement, the party

agrees to pay all fees, damages – both incidental

and consequential, and any and all related costs

to ACCESSORY BUYS.