TERMS AND CONDITIONS OF SALE
RETURNS POLICY Please Click
here for information on our Returns Policy and how to submit a return.
IMPORTANT - BUYERS READ CAREFULLY: This page
states the "Terms and Conditions of Sale" under which you - The
Buyer ("The Buyer") purchase goods and merchandise ("Goods"), including
Personal Computers("PCs") and Computer Components ("Components") from the
Electronics Nexus, Inc.
, website, which
is owned and operated by
Electronics Nexus, Inc.
(“The Vendor”).
Please read this page carefully. If you do not accept the Terms and Conditions
stated here, do not proceed with your purchase. By submitting your order for
Goods with The Vendor at the final checkout page, you are indicating your
acceptance to be bound by the terms of these Terms and Conditions of Sale. The
Vendor may revise these Terms and Conditions at any time by updating this
posting. You should visit this page periodically to review the Terms and
Conditions, because they are binding on you. The term "The Buyer" as used
herein refer to all individuals and/or entities purchasing Goods from this web
site for any reason.
WARRANTIES: Buyer accepts that, as The Vendor is a
retailer and not a manufacturer of the Components, that any and all warranties
related to the Components lie with the respective manufacturer of these
components, whether purchased separately or as part of an assembled PC.
Specifically, in the selection and purchase of the Components, the Buyer is
relying upon the manufacturer's specifications of the products or equipment,
and not any information, pictures or specifications made on The Vendor. The
Vendor HEREBY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, RELATED
TO COMPONENTS SOLD ON The Vendor GOVERNING (BUT NOT LIMITED TO)
MERCHANTABILITY, FIT FOR PURPOSE AND SO FORTH. SUCH A DISCLAIMER DOES NOT
AFFECT THE BUYER'S RIGHTS IN RELATION TO ANY MANUFACTURER'S WARRANTY.
PERSONAL COMPUTERS WARRANTY AND SUPPORT: When a Buyer purchases
an assembled Personal Computer (PC) from The Vendor, The Vendor will provide a
30-day period in which the PC may be returned, undamaged, with complete
packaging, and with the warranty seal in place, and a full-refund (excluding
shipping costs) will be given. Buyer accepts that any damage or soiling to the
PC and its parts found upon return will result in proportional deductions taken
on the refund, the value of which are at the final discretion of The Vendor.
Additionally a limited support contract is included in the retail price to go
with the Personal Computer sold. This support contract extends to 12
months from the time of purchase, and is limited to issues related to hardware
faults or configation. Because of the difficulties of diagnosing problems
associated with virus infection, this support contract is contigent upon the
Buyer maintaining an operational copy of and up-to-date subscription of an
approved Anti-Virus program (Norton, McAfee). Issues related to how to use the
operating system, or applications, or other software and user PC/application
training are not covered. For these issues, we provide a network of independent
PC specialists at the local level, who will assist you. Please consult our
directory on this site. Such independent specialists may charge a fee for their
help, and The Vendor has no control over their fees.
DELIVERY: Buyer agrees that Goods may only be
delivered by carriers approved by The Vendor and their suppliers and within the
carriers' speed of delivery options as listed on the appropriate checkout page
of The Vendor. Buyer agrees to pay The Vendor the cost of delivery of the
Goods as included in the final checkout total. Whilst The Vendor will provide
the buyer with a tracking number and other indications to assist him or her in
the expectation of the arrival of the Goods on delivery, the expected delivery
durations as listed on the delivery options on the The Vendor checkout page are
approximate only, in order to help the buyer choose the appropriate level of
speed/cost of delivery. The Vendor does not guarantee the specific delivery
time of any merchandise, and is not liable for any costs or hardship that may
result in the late delivery of any item purchased.
USER INFORMATION When you purchase from the
Web Site, you will be asked to provide The Vendor with certain information
including, without limitation, your name and address, a valid email address
(your "Information"), and your credit card details. Please see The Vendor’s
Privacy Policy for further details regarding your Information.
PRODUCT AVAILABILITY AND ORDER LIABILITIES One-Stop
Internet Brands makes no representations about the accuracy, reliability,
completeness, or availability of the Goods advertised on Electronics
Nexus. Changes are periodically made to the Web Site and may be made at
any time, including price information. The Vendor is not responsible for the
pricing errors that occur from time to time on large inventoried
stock systems. It is the customer's responsibility to ensure that any price he
or she sees that does not appear to be correct is verified by calling one
of our sales department prior to ordering. The buyer agrees that any
order made on The Vendor is not binding until dispatch of the merchandise is
confirmed by The Vendor, and that The Vendor reserves the right to refuse or
decline any order up until this point. Because of changing market conditions,
The Vendor cannot guarantee the fulfillment of any order, and may cancel any
order made, providing a full refund of any monies paid on that order the the
Buyer and no more, and with no further liability.
Disclaimer of Consequential Damages: IN NO EVENT
SHALL ONE-STOP INTERNET BRANDS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED
ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES
RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR
INABILITY TO USE THE GOODS PURCHASED FROM The Vendor, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR
NOT ONE-STOP INTERNET BRANDS IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
INDEMNITY The Buyer agrees to defend,
indemnify, and hold harmless The Vendor, its officers, directors, employees and
agents, from and against any claims, actions or demands, including without
limitation reasonable legal and accounting fees, alleging or resulting from The
Buyer's use of the Goods purchased at The Vendor or your breach of the
terms of these Terms and Conditions. The Vendor shall provide notice to The
Buyer promptly of any such claim, suit, or proceeding and shall assist you, at
your expense, in defending any such claim, suit or proceeding.
INTERNATIONAL ORDERS Whilst The Vendor
welcomes customers outside of the USA, we can only accept international
orders if you send us payment in full at the time of order, in the form of a bank wire transfer. This is because
of the continued problem of international credit card fraud. We will only
process credit-card orders with a current billing and shipping address within
the United States of America. Any attempt by the Buyer to make purchases for
delivery to or on a credit card with a billing address outside of the USA will
be automatically rejected. Additionally, because of the increased costs in
handling such orders, we can only accept international orders over $800. If you
would like to make an order, but are overseas, please send an e-mail to our
sales department stating your requested items, and your preferred shipping
method.
We reserved the right to not ship orders to countries where US Government export
restrictions apply, including, but not limited to Iran, Cuba, Syria and North
Korea.
ARBITRATION & JURISDICTION These
Terms And Conditions are governed by the internal substantive laws of the State
of California, without respect to its conflict of laws principles. The Buyer
specifically agrees that any legal claims arising under this agreement
shall be settled by arbitration and that the jurisdiction for such arbitration
shall lie exclusively with the within the County of Los Angeles, California. If any
provision of these Terms and Conditions are found to be invalid by any court
having competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms and Conditions,
which shall remain in full force and effect. No waiver of any term of these
Terms and Conditions shall be deemed a further or continuing waiver of such
term or any other term. Except as expressly provided in additional conditions
of sale, these Terms and Conditions constitute the entire agreement between you
and The Vendor with respect to the sale of Goods from The Vendor. No changes to
these Terms and Conditions shall be made except by a revised posting on this
page.
GOVERNING LAW The failure of either party to
exercise in any respect any right provided for herein will not be deemed a
waiver of any further rights hereunder. If any provision of these Terms is
found to be unenforceable or invalid, that provision will be limited or
eliminated to the minimum extent necessary so that this Service Agreement will
otherwise remain in full force and effect and enforceable. This Service
Agreement is not assignable, transferable or sublicensable by you except with
The Vendor's prior written consent. This Service Agreement will be governed by
and construed in accordance with the laws of the State of California
without regard to the conflict of laws provisions thereof. Both parties agree
that this Service Agreement is the complete and exclusive statement of the
mutual understanding of the parties and supersedes and cancels all previous
written and oral agreements, communications and other understandings relating
to the subject matter of this Service Agreement, and that all modifications
must be in a writing signed by both parties, except as otherwise provided
herein. No agency, partnership, joint venture, or employment is created as a
result of this Service Agreement and you do not have any authority of any kind
to bind The Vendor in any respect whatsoever. In any action or proceeding to
enforce rights under this Service Agreement, the prevailing party will be
entitled to recover costs and attorneys' fees. All notices under this Service
Agreement will be in writing and will be deemed to have been duly given when
received, if personally delivered; when receipt is electronically confirmed, if
transmitted by facsimile or e-mail; the day after it is sent, if sent for next
day delivery by recognized overnight delivery service; and upon receipt, if
sent by certified or registered mail, return receipt requested.
CREDIT CARD FRAUD All credit card
transactions made by Buyers on this site are monitored and approved manually.
From time to time, a representative from The Vendor may contact you to verify
your order and your identity prior to approving the sale. This is in the
interests of you, the Buyers security, and as one of several measures The
Vendor incorporates to prevent credit card fraud. Any suspected attempt to
fraudulently use credit cards to make purchases on this site will be passed
promptly to the appropriate authorities for investigation.
Chargebacks The Vendor service
representatives take every care to ensure that their customers are serviced
promptly and correctly, and to the best of their ability. Should you have any
query on any transaction amount or sum, we strongly urge you to contact our
Customer Services department to discuss the matter prior to taking any action
directly with your card company. Chargebacks (the disputing of a credit card
transaction through the card-holder's card company) can create unecessary
hardship and difficulties for retailers when inappropriately prosecuted, and
may also affect the cardholders own credit standing if occurring repeatedly on
the same account.
Contacting Customer Services If you have any
questions or concerns about the level of service you have received from The
Vendor, please feel free to contact us at via any of the means list on our
contact page.