Terms and Conditions
Users Rental/Purchase Agreement
User Agreement
This User Agreement (this “Agreement”) is a contract between you and Educational Sales Co. and applies to your use of the Educational Sales Co. website (the “Website”) and any related products and services (collectively the “Service”). This Agreement sets forth your rights and obligations and should be read carefully. In this Agreement, “you” or “your” means any person or entity using the Service (“Users”). Unless otherwise provided, “Educational Sales Co.,” the “Company,” “we” or “our” will refer collectively to Educational Sales Co. By clicking “I Agree,” “I Accept,” or by using the Website you agree to the terms and conditions of this Agreement, our privacy policy, our terms of use, and any other documents incorporated into the Website. You agree that this User Agreement is legally binding between you and the Company. The Company may modify this Agreement from time to time and such modification shall be effective upon posting by the Company on the Website. You agree to be bound to any changes to this Agreement when you use the Website or the Service after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Educational Sales Co. Terms of Use
Thank you for using Educational Sales Co.. The following are the policies, rules, and regulations that we ask our users to follow so that everyone can have a great experience. By using our site, it is assumed that you agree to these rules and will follow them.
You agree not to:
- Collect personal data
- Attempt to gain unauthorized access to Educational Sales Co.'s computer systems
Account and Registration. You may not create an account for anyone else. All information used to create an account must be accurate and complete. You may not impersonate any other person or use a name that is not your own. It is your responsibility to update your information to keep your account information accurate. When you set up an account, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time or to disclose your password to any third party. You agree to notify the Company immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. The Company has the right to terminate your account for any reason at the Company’s sole discretion.
Fees. All shipping and handling fees that the Company will charge a user will be clearly displayed during checkout. The Company will store a user’s credit card information and you hereby acknowledge and agree that the Company may charge you for any lost, stolen or damaged textbooks. The Company will charge an additional amount to the user’s credit card if such user chooses to buy any textbook at anytime during the rental period. By renting a textbook from the Company you agree to the storing of your credit card information and you also agree to any additional charges that the Company deems necessary due to user misuse of the Service, including without limitation any fees resulting from damages to rented textbooks, lost or stolen textbooks, late fees and/or unreturned textbooks.
End Of Cycle Rental/Return. Rental return dates may vary, depending upon the rental date. If your textbook is not received by the Company by your rental due date, then you will be charged a 25% late fee. If your textbook is not received by the Company within one full week after the due date, your rental will be converted to a purchase and you will be charged the cost of replacing a “New” quality book, minus the charges already accessed. By agreeing to the Terms of Use, you are giving Educational Sales Co. the authority to assess this fee from the record on file.
Due dates will vary based on the original date of order. You can find your due date by logging in to your Educational Sales Co. account and viewing your order history.
Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Educational Sales Co. reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.
Shipping Policy. Educational Sales Co. merchants use USPS, UPS and FedEx to ship items rented/bought on Educational Sales Co. The shipping charges are calculated by the actual weight based charges by using third-party systems. ESCO cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by Educational Sales Co. or other parties an estimate only. ESCO encourage you to order in a timely fashion to avoid delays caused by shipping or product availability.
Out-of-Stock Products. Educational Sales Co. will ship your textbook(s) as they become available. Usually, products ship the same day if ordered by 2:00pm AZ time, or by the next business day if your order is received after this time and for orders received on Saturday, Sunday or any major holiday. However, there may be times when the textbook(s) you have ordered are out of stock, which will delay filling your order. The Company will keep you informed of any textbook(s) that you have ordered that are out of stock and unavailable for immediate shipment. You may cancel your order at any time prior to shipping.
Multiple Product Orders. For a multiple-product order, we will make every attempt to ship all products contained in the order at the same time. Your textbooks may not all come from the same merchant, and therefore will have to be shipped separately. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple-shipment order.
Typographical Errors
In the event that a product is listed at an incorrect price due to typographical error or an error in pricing information received from our suppliers, Educational Sales Co. shall have the right to refuse or cancel any orders placed for the product listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase/rental and your order is canceled, Educational Sales Co. shall immediately issue a credit to your credit card account in the amount of the incorrect price.
Links
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Educational Sales Co. is not responsible for the operation of or content located on or available through any such site.
Email. You agree that any notifications or receipts from the Company will be delivered to you by email at the email address you have provided to the Company when you created your account or as later updated. You hereby agree and acknowledge that the Company is not responsible to notify you in any way other than by email. You acknowledge that the Company will not ask you for your personal information, account username and password, or any of your credit card information via email. The Company will have no responsibility for any misuse of such information if you provide such information via email.
Cancellation. You may cancel your account at anytime by contacting Educational Sales Co. Your account will only be cancelled and closed after you have returned all textbooks that have been rented to you and all credit card transactions have been processed. If you do not access your account within two years, the Company has the right to cancel your account at its sole discretion.
Payments/Processing. Any person who desires to use any Service must have a confirmed credit card in order to make payments to the Company. The Company accepts Visa, MasterCard. The Company reserves the right to store your credit card information and to charge it if the user has not followed all of the agreements and policies set forth in this Agreement and on the Website. The Company will make reasonable efforts to process your transactions in a timely manner. You agree not to hold the Company responsible in the event the Company does not credit or debit your credit card for a period of time due to circumstances beyond the Company’s control. The Company makes no guarantees regarding the processing time for charges.
Stolen Accounts. It is your responsibility to keep your account information private. In the event that your account is used by an unauthorized party you may cancel it immediately, however the Company is not responsible for any charges that were expensed on your account.
Refunds. The Company will issue a refund within 90 days of receiving your order. If the refund is for any reason other than the Company’s error (i.e. we sent you the wrong book, or the book was in unreadable condition) then the Company will refund your money minus the cost of shipping. Any refund request that is not within the 90 day time period will not be refunded, but may be purchased back based upon the Company need.
Refund Policy. Items must be received by the Company within the following time periods, in order to receive a refund.
100% Refund: 30 days after school starts or 30 days from the day that you order, if books are returned in the same condition.
80% Refund: 30 - 60 days after school starts.
60% Refund: 60 - 90 days after school starts.
Please note: Original shipping fees are non-refundable. Educational Sales Co. return shipping label will be provided for your return shipment. Return shipping fees to be deducted from your total refund.
Privacy. The Company agrees not to sell your personal information to any third party. By entering into this Agreement, you agree that the Company may collect, retain and use your personal information, including your name, address, email address, and payment details. Your personal information will be used primarily to provide the Service to you. The Company may also use your personal information for additional communication with you, subject to applicable laws. The Company may engage companies and individuals (“Subcontractors”) to perform functions on the Company’s behalf, such as payment processing, order fulfillment, marketing programs, school administration, and customer service. The Company may share information with such Subcontractors in order to perform these and other functions, but such Subcontractors may not use your personal information for other purposes unless you agree. For more detained information in the collection and use of your personal information, please read the Company’s privacy policy in the Website.
Shipping. The Company will make reasonable efforts to ship any textbook purchased or rented within two days of the transaction but the Company does not guarantee the shipment time. You agree to not hold the Company responsible for shipping problems that may cause your package to be received late. You will be held responsible for any late return shipments that are not received by the return date. The Company has the right to charge you a late fee if you do not return your rented textbook(s) within the deadline period. We strongly recommend that you follow our shipping guidelines.
Shipping Guidelines. Please save the box that your books came in so you can use it to return your textbooks at the end of the usage period. Textbooks must be tightly packaged to keep from being damaged when shipped. The Company suggests that user uses the prepaid shipping label when you return your textbooks. If a textbook is sent back without proper packaging material, and the textbook has visible damage, it will be your responsibility to pay for those damages.
Damages. Any damage to a rental textbook while in your possession is your responsibility. You will be charged damage fees at our discretion, based on the extent of damage to the textbook. Some limited highlighting and writing in your rental textbook(s) is allowed. Any writing or highlighting that the Company deems excessive, or that hinders the readability of the textbook, will be the responsibility of the user and you will be charged for damages. Please follow all the Company’s and Website guidelines to ensure no fees will be charged to your account.
Use of Service. You agree to not use the Website in any way other than what is deemed appropriate by us. You may not use any information or service that is provided by us for anything other than to rent or buy textbooks from the Website. Any other use of the Service or information will not be allowed without the Company’s prior written consent.
Copyright and Trademark Notice
This site is owned and operated by Educational Sales Co., Inc. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of Educational Sales Co. Copyright (c) [year], ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or by any means without Educational Sales Co.'s prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Indemnity. You agree to indemnify, defend and hold harmless the Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, from and against any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of your use of the Website or the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement.
Miscellaneous. All notices, authorizations, and requests shall be deemed given on receipt. This Agreement shall be governed by the laws of the State of Arizona without reference to such state’s choice of law provisions. The Arizona state courts of Maricopa County, Arizona shall have exclusive jurisdiction and venue over any dispute arising out of this Agreement, and each party hereby consents to the jurisdiction and venue of such courts. If any provision of this Agreement is declared invalid, illegal or unenforceable, all remaining provisions shall continue in full force and effect. Nonperformance of either party, except for the making of payments, shall be excused to the extent that performance is delayed or rendered impossible by any reason where failure to perform is beyond the reasonable control of the non-performing party. This Agreement and the Company’s privacy policy constitutes the entire agreement between you and the Company regarding the use of the Website and the Service. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles of this Agreement are for convenience only and have no legal or contractual effect.
Limitations. THE COMPANY SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF MERCHANTABILITY AND AGAINST INFRINGEMENT. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER WHETHER ARISING IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE WEBSITE OR THE SERVICE, EVEN IF THE COMPANY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE USER AGREES THAT THE COMPANY’S ENTIRE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED, IN THE AGGREGATE, $1.00.
