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Order Acknowledgment, Order
Acceptance, Contract formation
All
orders for Products placed through our web site are subject to our
acceptance. We may in our sole discretion accept or reject orders, or
advise you of our inability to process orders. We may send you an
acknowledgment of receipt of an order by e-mail or other medium
(including telephone). Such an acknowledgment of receipt may be
automatically generated and shall not constitute an acceptance of the
order.
Our
pricing and availability are subject to change without notice. Every
effort has been made to ensure the accuracy of the information listed.
However, we do not assume any responsibility for any errors contained
therein nor from orders arising from those errors. We reserve the right
to cancel any orders received without having to assign a reason to do
so.
The
website through which orders can be placed may contain automatic means
for identifying and alerting you to certain types of input error before
you place your order. Such means may not identify all errors or
omissions and you should ensure that the information you submit in your
order is accurate and complete. If an order placed online through the
website, by e-mail, or by telephone is accepted, we may advise of our
acceptance of the order by e-mail or other written form. We reserve the
right to acknowledge or accept verbally (by telephone) telephone orders.
Any
Contract is dependant and conditional upon our verification of
availability and acceptance of both your order and your credit card or
other payment details. Unless and until we confirm acceptance of both
of these items, we have no obligation to provide any Products or
Services.
Where
the Customer has elected to make payment other than with a credit card
(and we have accepted that payment option), we are entitled to consider
an order or Contract canceled with or without notice to Customer, if we
do not receive that payment within 7 days of the date of the relevant
order acknowledgment.
We
maintain records of orders, order acknowledgments and Contracts
(including these Terms and order acceptances) and retain these for a
reasonable period following delivery. Whilst we may if necessary (and
only on written request) be able to provide you with a copy of your
Contract, these are not made generally available to Customers. We
recommend that you retain a printed copy of these Terms with a copy
and/or note of your order, order acknowledgment, order acceptance,
payment method acceptance and invoice as evidence of purchase.
We reserve the right to
correct any pricing errors or other errors on our web site, to limit
the order quantity for any item, and to refuse service to any customer.
Delivery
Any
dates given by us for the delivery of Products are estimates only. If
Products cannot be delivered by any estimated or target dates given by
us, we may elect to cancel the order and refund any money paid by the
Customer. If an order is canceled, our only obligation shall be to
refund any money paid by the Customer to us.
For
transactions involving software, including those originating through a
web-based transaction, supply of software and/or license activation
codes by electronic means constitutes shipment.
We do not sell nor deliver to
international customers. No exceptions.
Refund Policy
Due
to the nature of the products being offered, it is imperative that
customers ensure their need for such products prior to purchase. Our
products are configured individually for you and, after they have been
in the possession of a customer, there is no economic way to check for
all the possible modifications and tampering that may have affected
their security. This is the main reason why ALL OUR SALES ARE FINAL,
and we reserve the right to decline any refunds in all instances.
In
cases where we decide to accept a return, it will be subject to a 25%
processing and re-stocking charge. Miscellaneous items such as handling
and shipping fees cannot be refunded.
Orders
canceled for any reason will be subject to a 25% fee. Even if the
cancellation is the result of shipping addresses not being listed with
credit providers and order resulting in us having to cancel the order
for you. All cancellations for any reason will be subject to a 25% fee.
In
cases where we decide to accept a return, you have to make sure the
products are in their original conditions (including packaging,
manuals, warranties, accessories, security seals, and shrink wrap).
Even in cases where we authorized you to return a product, merchandise
returned with missing items is not eligible for a refund.
Any
item returned to us will be considered a return. This includes
unclaimed packages that were shipped to buyer and returned due to no
signer, or any other reason.
Purchaser
is responsible for any return postage, tracking, and insurance for
merchandise sent back to any of our facilities. Merchandise that is
lost, damaged or misplaced while in transit are the responsibility of
the purchaser and their delivery agent. We assume no liability in
merchandise that is in transit to any or our facilities. We recommend
any returns be assigned a tracking number and sufficient insurance by
the purchaser or their delivery agent.
Orders
including software products requiring activation may not under any
circumstances be canceled after the activation code has been provided.
Unauthorized returns will be
shipped back to the purchaser at his or her expense. Such unauthorized
returns may be subject a storage fee of $3.00 per day until return
postage can arranged by the purchaser. Return postage fees must include
shipping, handling, tracking, and insurance.
Export Control
You acknowledge that Products
licensed or sold to you may be subject to export restrictions and
regulations of jurisdictions including but not limited to the United
States of America. You
confirm that, should this be the case, you will not export or re-export
them in breach of such laws or regulations and comply with export
regulations of the United
States of America and, if
applicable, any other jurisdiction.
Warranty
By
placing an order, you agree that we and anyone affiliated with us in
anyway has no control over the use of any product ordered. The buyer
also agrees that, under no circumstances will you hold us liable for
any loss, including any circumstances arising out of the use or misuse
of these products. We assume no liability for the products or services
we distribute or represent.
For
transactions including mobile phones, the phone manufacturer warranty
applies. We do not offer any warranty in addition to that offered by
the phone manufacturer.
Under
NO circumstances, including, but not limited to, negligence, shall we
be liable for any direct, indirect, special, incidental or
consequential damages, arising out of use, misuse, inability to use,
products purchased, rented or leased from this site.
Use of Software
Use of the software is
governed by the terms of the End User License Agreement (EULA). You
cannot use, download, or install any software unless you agree to the
terms of the end user license agreement.
Legal
You
as the Buyer and us as the Seller agree that this agreement is made in,
governed by, to be preformed in, and shall be construed in accordance
with the State of Florida.
Each of the parties consent and submit to the jurisdiction of the
courts of the State of Florida and expressly agree to such forum for
the bringing of any suit, action or other proceeding arising out of or
relating to their obligations hereunder and expressly waive any
objection to venue in any such courts and waive any right to trial by
jury so that the trial shall be by and only to the court.
Any
and all expenses incurred by us in any such action will be paid by the
purchaser. This includes but is not limited to, costs associated with
copy requests, charge backs, discount percents, court costs, legal fees
from attorneys, and any other cost generated by any disputed sale or
attempted suit for any reason. You agree to pay for any and all costs
direct or indirect.
If any provision in this
agreement is invalid, such invalidity shall not affect the validity of
the remaining provisions of this agreement and we agree to substitute
for the invalid provision a valid provision which most closely
approximates the effect and intent of the invalid provision.
General
You
may not assign, sub-license or otherwise transfer any of your rights
under these terms and conditions.
It
is the responsibility of the Buyer to ascertain and obey all applicable
local, state and federal laws in regard to possession and use of any
items listed on our web site. Consult an attorney or law enforcement
professional regarding local, state and federal laws before ordering.
By placing an order, the Buyer represents that he/she is of legal age
and that the products will be used only in a lawful manner.
These
terms and conditions shall be deemed severable. The illegality,
invalidity or unenforceability of any part of these terms and
conditions will not affect the legality, validity or enforceability of
the remainder. Our failure to enforce these terms and conditions shall
not be construed as a waiver of any of our rights under it.
We
shall not be responsible for any breach by us of these Terms and
Conditions caused by circumstances beyond our reasonable control.
A
party who is not a party to these terms and conditions shall have no
right to enforce any term of these terms and conditions but this shall
not affect any right or remedy of a third party which exists or is
available apart from such Act.
We
reserve the right to make changes to these terms and conditions at any
time. Your use of the Site following such changes constitutes your
acceptance of these changes.
These
terms and conditions, together with those incorporated herein or
referred to herein constitute the entire agreement between us relating
to the subject matter hereof, and supersede any prior understandings or
agreements (whether oral or written) regarding the subject matter.
Contacting
Us
If you have any question
about this privacy statement, the practices of this web site, or your
dealing with us, you can Contact Us.
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