360 Glassware may require or you may choose to register and establish an account with 360 Glassware. Establishing an account will require that you create a user name and password. You are responsible for maintaining the confidentiality of your user name and password and hereby accept full responsibility for all activities and purchases that occur under your account. Under no circumstances will you provide your user name or password to a third party and you will immediately notify 360 Glassware of any unauthorized use or security breach relating to your account. 360 Glassware has the right to reasonably rely on any purchase order submitted through the Site using your account or credit card information. You understand that 360 Glassware cannot and will not be liable for any loss or damage arising from any unauthorized use of your account, or credit card, or your failure to comply with this Section.
Termination of Account
360 Glassware may, with or without providing notice to you, suspend, disrupt, or terminate your account or otherwise refuse to accept or fill a purchase order received from you, if you fail to comply with any term or provision of this Agreement, if you fail to promptly pay when due any amount owed to 360 Glassware for products purchased through the Site or otherwise, or for any other reason in 360 Glassware’s sole and absolute discretion. After termination you will still be personally liable for any orders that were placed or charges incurred prior to termination.
360 Glassware provides scientific glassware intended for use by legitimate organizations pursing scientific research, including but not limited to government agencies, academic institutions, and corporate research and development entities. 360 Glassware will not sell scientific glassware directly to private individuals. 360 Glassware will cooperate fully with any criminal investigation related to the improper use of scientific glassware obtained via this Site.
Description of Service
The Site offers articles of scientific glassware which are customized by you (“Custom Product”). The customization process is a process that you control by interacting with this Site. The design parameters of your Custom Product are recorded by the Site and 360 Glassware manufactures the glassware according to these design parameters. 360 Glassware has attempted to accurately describe the Custom Product on the Site, however, the pictures and content provided on the Site are not warranted by 360 Glassware to be accurate, complete, current, reliable or error free.
By its very nature, a Custom Product is not an product that is kept in stock. 360 Glassware will begin manufacturing the Custom Product after your order is received. If possible, the Site may provide you with an estimate of how long it will take for a specific custom product to be manufactured and shipped; however, any such indications of lead time are merely estimates, and 360 Glassware will not be responsible for any losses as a result of delays in shipment or delivery.
360 Glassware is under no obligation to fill any order made through the Site, 360 Glassware expressly reserves the right, in its sole discretion, to reject any order made through the Site or otherwise. Within one week after the order is received, 360 Glassware will send a confirmatory e-mail accepting or rejecting the order. If 360 Glassware intends to accept the order, 360 Glassware will first confirm receipt of payment prior to sending the confirmatory e-mail.
All payments must be made in United States dollars (USD$).
360 Glassware only accepts payment for product and shipping charges ordered through the Site via the following credit cards: Visa, American Express, Discover and Mastercard. You understand that your credit card may be charged separately to collect payment for the product and for shipping charges; further, your credit card may be charged on same day the order is placed. Your credit card may be charged at this time for the full value of the product, the shipping expense, and any other tax or other cost regardless of when the actual product will be shipped to you. In addition to product and shipping charges, you will be solely responsible for any Federal, state, country or international, sales, use, shipment or other taxes, charges or fees assessed in connection with any transaction you enter into with 360 Glassware.
360 Glassware exclusively ships all domestic purchases with UPS. At checkout, you may have the option to select which level of UPS shipping service you desire. Shipping costs are calculated based on the type of UPS shipping service selected, the location of shipment, the weight of the Custom Product, and the weight and volume of the required packing material. For international shipments, 360 Glassware will be entitled to ship products via UPS Worldwide. 360 Glassware shall be under no obligation to ship an item through an alternative carrier to UPS. You will be responsible for all postage, packaging, shipping charges and fees for domestic or international shipment, as applicable.
360 Glassware ships all purchases, both domestically and internationally, to customers via a shipping contract. You acknowledge and understand that a shipping contract means risk of loss and title to products purchased from 360 Glassware passes to you upon 360 Glassware’s delivery of the item to the carrier. If a product has been lost, stolen or damaged in transit, your claim is against the carrier, not 360 Glassware. 360 Glassware’s responsibility with respect to a product ends when the product has been delivered to the carrier. Please review and understand the shipping policies of the carrier before ordering items from the Site. For your convenience, a link to the UPS website is provided for review.
The Custom Product offered by the Site is manufactured according to a set of unique design parameters provided by you. The Custom Product will not be accepted for return, and no refund will be provided for the Custom Product. In the event that the Custom Product you receive varies significantly from your unique design parameters, you must inform 360 Glassware of any such discrepancy within seven (7) days from the invoice date so that 360 Glassware may investigate the situation. After concluding the investigation, 360 Glassware may instruct you to return the Custom Product. An RMA form issued by 360 Glassware is required for all returns. You must obtain an RMA form by contacting 360 Glassware before you return any products to 360 Glassware. No refund will be paid for items returned to 360 Glassware without an RMA form issued by 360 Glassware. 360 Glassware will not refund any shipping costs in either direction (you to 360 Glassware or 360 Glassware to you).
Return Shipping Expenses
YOU ARE RESPONSIBLE FOR ALL SHIPPING EXPENSES WHEN YOU CHOOSE TO RETURN A PRODUCT TO 360 GLASSWARE. IF YOU ARE SHIPPING THE PRODUCT INTO THE UNITED STATES FROM ANOTHER COUNTRY, THEN YOU ARE RESPONSIBLE FOR ALL TAXES, DUTIES AND FEES ASSOCIATED WITH RETURNING THE PRODUCT TO 360 GLASSWARE.
Limited Right to Use Site
(i) access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of 360 Glassware;
(ii) bypass or circumvent measures employed to prevent or limit access to this Site;
(iii) take any action that imposes, or may impose, in the discretion of 360 Glassware, an unreasonable or disproportionately large load on the 360 Glassware infrastructure; or
(iv) deep-link to any portion of this Site for any purpose without express written permission of 360 Glassware.
EXCEPT AS MAY BE PROVIDED WITH A PARTICULAR PRODUCT, AS APPLICABLE, 360 GLASSWARE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) IN CONNECTION WITH THE PRODUCTS LISTED ON THE SITE.
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE”. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. ALL RESPONSIBILITY OR LIABILITY FOR DAMAGE CAUSED BY VIRUSES CONTAINED OR TRANSMITTED THROUGH THE SITE IS EXPRESSLY DISCLAIMED. 360 GLASSWARE WILL NOT BE RESPONSIBLE FOR ANY TECHNICAL DIFFICULTIES, INCLUDING, COMPUTER MALFUNCTIONS, DISCONNECTS AND SERVER FAILURES.
Limitation of Liability
360 GLASSWARE SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, PURCHASE OF, OR USE OF, THIS SITE OR ANY PRODUCT OR GOOD PURCHASED THROUGH THIS SITE, WHETHER IN A CONTRACT ACTION, A TORT ACTION BASED ON NEGLIGENCE, OR ANY OTHER CLAIM OF ANY NATURE WHATSOEVER, EVEN IF 360 GLASSWARE, OR A REPRESENTATIVE OF 360 GLASSWARE, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN 360 GLASSWARE AND YOU. THIS SITE NOR ANY PRODUCT LISTED THEREON WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATION. NO ADVICE, INFORMATION OBTAINED BY YOU FROM 360 GLASSWARE THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. NOTWITHSTANDING ANY AND ALL OF THE NEGATION OF DAMAGES AND DISCLAIMER OF WARRANTIES PROVIDED IN THIS AGREEMENT, IN THE EVENT LIABILITY IS IMPOSED UPON 360 GLASSWARE, YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU HAVE PAID TO 360 GLASSWARE FOR ANY GOODS OR PRODUCTS PURCHASED THROUGH THE SITE.
You agree to indemnify, defend, and hold harmless 360 Glassware, its agents, employees and affiliates from any liability, loss, claim, expense, including reasonable attorneys’ and accountants’ fees, related to your violation of this Agreement, use of the Site, or use of any product or good purchased though the Site.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or republication of any part of the Site is strictly prohibited.
This Agreement constitutes the entire agreement between you and 360 Glassware with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and 360 Glassware with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely conforms with the intent of the original provision and every other provision of this Agreement will remain in full force and effect.
You agree that the laws of the Commonwealth of Pennsylvania will govern this Agreement and any dispute arising out of this Agreement without regard to conflicts of laws and related provisions. You expressly consent to the jurisdiction of any court located in the Commonwealth of Pennsylvania to be the forum for any dispute or claim arising directly or indirectly out of this Agreement and you hereby waive any objection to such place of venue for reasons of forum of non convenience or otherwise.