Terms of Sale

  1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

THESE TERMS OF SALE REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. 

BY READING THIS POLICY YOU ACCEPT BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU: (i) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (ii) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT, OR IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS OF SALE; (iii) REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT; AND (iv) ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SALE.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (i) DO NOT ACCEPT THESE TERMS OF SALE; (ii) ARE NOT AT LEAST 18 YEARS OF AGE; OR (iii) ARE PROHIBITED FROM ACCESSING OR USING +THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW OR THE WEBSITE TERMS OF USE.

This Sales Agreement (these "Terms of Sale") applies to the purchase and sale of products through www.mjgtradingcompany.com, www.mjgtrading.com and www.business.mjgtrading.com  (individually and collectively the "Website"). These Terms of Sale are subject to change by MJG Trading Company, LLC (“Company,” "us", "we", or "our") without prior written notice at any time, in our sole discretion. Any changes to these Terms of Sale will be in effect as of the "Last Updated Date" referenced on the Website. You should review these Terms of Sale prior to purchasing any product that are available through this Website. Your continued use of this Website after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

These Terms of Sale are an integral part of the Website Terms of Use (available at [INSERT LINK TO TERMS OF USE]) that apply generally to the use of our Website. You should also carefully review our Privacy Policy (available at [INSERT LINK TO PRIVACY POLICY]) before placing an order for products or services through this Website (see Section 9).

  1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms of Sale, all products listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
  2. Prices and Payment Terms.
    • All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product will be the price advertised on this Website at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
    • Purchases from this Website may be paid for using either (i) a credit card or an acceptable electronic payment option (such as PayPal®); or (ii) on credit, following receipt of an invoice, each of which is subject to the terms set forth below:
      • We accept many major credit cards and major electronic payment options for purchases. If you elect to pay by credit card or electronic payment, you understand and agree that, unless otherwise agreed by us in writing, we must receive your payment before our acceptance of your order. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
      • If we authorize you to, and if you thereafter elect to, make a purchase from this Website on credit, we will send you an invoice. Terms of payment are within our sole discretion. Invoices are due and payable within the time stated on your invoice. We may charge a late payment penalty of 1.5% per month on undisputed amounts, or the maximum rate permitted by law, whichever is less. Without waiving any of our other rights or remedies, we may refuse additional orders and suspend any services until all overdue amounts are paid in full.
  1. Shipments; Delivery; Title and Risk of Loss.
    • We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in the order confirmation.
    • Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
  2. Returns and Refunds. We do not accept returns of any products purchased from the Website except in the case of unused products which were damaged upon delivery, and, in such event, only if permitted by the manufacturer of such products. In the event any products you receive are damaged and the manufacturer of such products permits returns, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within thirty (30) days of shipment with valid proof of purchase. To return products, you must call 201-365-6003 or email our Returns Department at Support@mjgtrading.com to obtain a Return Merchandise Authorization ("RMA") number before shipping your product. No returns of any type will be accepted without an RMA number.  Unless otherwise specified, you are responsible for all shipping and handling charges on returned items. You bear the risk of loss for returns during shipment, and title and risk of loss will only pass to us upon delivery of the returned products to our facility. Refunds are processed within approximately seven to ten (7 – 10) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Website. REGARDLESS OF WHETHER THE PRODUCTS ARE DAMAGED, YOU UNDERSTAND AND AGREE THAT WE OFFER NO REFUNDS WHATSOEVER ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
  3. Manufacturer's Warranty and Disclaimers.
    • We do not manufacture or control any of the products offered on our Website. The availability of products through our Website does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products offered on our Website. However, certain products offered on our Website may be covered by the manufacturer's warranty as detailed in the product's description on our Website and included with the product. To obtain warranty service for defective products, please follow the instructions included in the applicable manufacturer's warranty, if available.
    • In connection with product descriptions on this Website, we attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content on this Website are accurate, complete, reliable, current, or error-free.
    • ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (iii) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
    • SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
    • YOU UNDERSTAND AND AGREE THAT ALL PRODUCTS AVAILABLE FOR PURCHASE FROM THIS WEBSITE ARE MANUFACTURED BY A THIRD PARTY AND THAT MJG TRADING COMPANY, LLC DOES NOT OFFER ANY WARRANTY IN CONNECTION THEREWITH.
    • YOU AFFIRM THAT WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF ANY MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
  4. Limitation of Liability.  
    • CERTAIN OF OUR MANUFACTURERS MAY HAVE GIVEN US ASSURANCES OF PRODUCT SALABILITY, MERCHANTABILITY, AND/OR COMPLIANCE WITH RESPECT TO CERTAIN OF THEIR PRODUCTS. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OF SALE, REGARDLESS OF (i) WHETHER SUCH DAMAGES WERE FORESEEABLE, (ii) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (iii) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
    • OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
  5. Export Restrictions. You may not purchase products or services from this Website if you are the subject of United States sanctions or of sanctions consistent with United States law imposed by the government of any country where you are using the Website. You must comply with all United States or export and re-export restrictions that may apply to goods and services.  You certify that: (i) you are not a Restricted Party (as hereinafter defined), (ii) you will only use the Website and any products you purchase from the Website in compliance with the laws of the United States, including without limitation all Export Administration Regulations (“EAR”) of the United States Department of Commerce; and (ii) you bear sole responsibility for any violation of such laws and regulations. In addition, you certify that you will not use the Website with or distribute any products purchased from the Website to any entities or persons or for uses prohibited by United States export laws or regulations. “Restricted Party” means (i) any entity or  individual in the List of Specially Designated Nationals or Consolidated Sanctions List administered by the US Office of Foreign Assets Control; (ii) any entity or individual  located in or part of any government of any country covered by a United States general trade embargo; (iii) any entity owned fifty percent (50%) or more either individually or in the aggregate by any of the foregoing individuals or entities; and/or (iv) any entity or individual in the Denied Persons List, Entity List or Unverified List administered by the Bureau of Industry and Security, or in a successor to any of these lists or any similar additional lists. If you become a Restricted Person, you shall (i) immediately inform the Company of such status; and (ii) and any and all rights to use this Website and purchase products from the Website shall immediately terminate and you shall immediately cease using this Website and cease the purchase of any products from this Website.  If we become aware that you are or have become a Restricted Person, we may, in our sole and absolute discretion, cancel any of your pending orders.
  6. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, available at [LINK TO PRIVACY POLICY], governs the processing of all personal data collected from you in connection with your purchase of products or services through the Website.
  7. Force Majeure. Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such party's (the "Impacted Party") failure or delay is caused by or results from the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, lightning, landslide, storm or storm warning (such as a hurricane), pandemic, epidemic, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances; (h) shortage of adequate power or transportation facilities; and (i) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within sixty (60) business days of the Force Majeure Event to the other party, stating, to the best of the Impacted Party’s knowledge, the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and minimize the effects of such Force Majeure Event. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of sixty (60) consecutive days following written notice given by it under this Section 10, either party may thereafter terminate this Agreement upon thirty (30) days' written notice.
  8. Governing Law. All matters arising out of or relating to these Terms of Sale are governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New Jersey.
  9. Waiver of Jury Trials and Binding Arbitration.
    • YOU AND MJG TRADING COMPANY, LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. 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 YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE OR THESE TERMS OF SALE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

  • The arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, applying New Jersey law. The arbitration shall be conducted before one arbitrator in the State of New Jersey, unless the Parties mutually agree to conduct the arbitration remotely via videoconference.  The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
  1. Assignment. You will not transfer or assign any of your rights or delegate any of your obligations under these Terms of Sale without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. MJG Trading Company, LLC may assign its rights or delegate its obligations in whole or in part without consent or prior notice to you. No assignment or delegation relieves you of any of your obligations under these Terms of Sale.
  2. No Waivers. The failure by us to enforce any right or provision of these Terms of Sale will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of MJG Trading Company, LLC.
  3. No Third-Party Beneficiaries. These Terms of Sale do not and are not intended to confer any rights or remedies upon any person or entity other than you.
  4. Notices.
    • To You. We may provide any notice to you under these Terms of Sale by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective three (3) business days following the date they are posted. It is your responsibility to keep your email address current.
    • To Us. To give us notice under these Terms of Sale, you must contact us by personal delivery, overnight courier or registered or certified mail to MJG Trading Company LLC – 10 Malcolm Ave, Unit 2, Teterboro NJ 07608 with a copy, in all instances, sent via email to Support@mjgtrading.com. We may update the email address or address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by registered or certified mail will be effective upon receipt or rejection of delivery.
  5. Severability. If any provision of these Terms of Sale is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms of Sale and will not affect the validity or enforceability of the remaining provisions of these Terms of Sale.
  6. Entire Agreement. Our order confirmation, these Terms of Sale, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms of Sale.