|
1. TERMS AND CONDITIONS
Your use of the DigitalStormOnline.com web site (the “Site”) and our
services, including phone orders, all purchases, and inquiries,
from Digital Storm is governed by the policies, terms, and
conditions set forth below. Please read the following information
carefully. By using this site or submitting an order for products or
services, you indicate your acceptance of, and agreement to be bound
by, the terms and conditions set forth below personally or as an
agent for any business entity you represent. The term “Customer”
means you or the business entity you are ordering goods or services
for. If you do not agree to these terms and conditions, please do
not use this site and please do not submit any orders for products
or services. The terms and conditions posted on this website,
including the warranty policy, are public information and must be
adhered to by anyone doing business with Digital Storm unless there
is a written contract signed by an officer of Digital Storm.
2. GENERAL TERMS AND CONDITIONS.
i. Customer agrees that Digital Storm is not liable for
mismatched product pictures or mistakes in product information.
Digital Storm reserves the right to change products and
specifications and those listed on the Site may not be current.
Customer agrees to verify the specifications of each product with
the order. Digital Storm is only responsible for products named on
the invoice.
ii. Our sales representatives are not authorized to make any
representations or promises related to any product or services that
exceed these terms and conditions and the warranty. Any additional
provisions to your purchase must be made in writing signed by an
officer of Digital Storm.
iii. Customer agrees that each item in a multi-item purchase
from Digital Storm shall be treated independently unless stated
otherwise in the memo section of their order. That is, defect,
replacement, and cancellation of one item does not constitute the
voiding of the entire purchase. Each item shall be considered
independently for warranty or refund purposes unless the customer
has stated otherwise in the invoice memo.
iv. Customer agrees that shipping costs and expenses will not
be refunded once we ship.
v. It is the Customer's responsibility to look over their
email confirmation and make sure all shipping, billing and item
purchased are correct. If you do not get an email confirmation, call
us to see if the order went through. Do not submit multiple orders
or you will end up paying full restocking and shipping fees.
vi. Order cancellation will be accepted by phone with a sales
representative or over the web (only before the order is processed).
It cannot be done over email or by leaving voice mails. You can
confirm order cancellation by checking the order status online.
Cancellation on orders already charged carries a 4.9% credit card
processing cancellation fee. If an order has already been built in
our facility (entered Stage 4) but has not been shipped, there will
be an additional 15% restocking fee which covers expenses for taking
the system apart and re-stocking the hardware.
vii. Material fee for boxes, transportation, etc. are included
in the shipping fee. Customer shall not be liable for
additional shipping charges for purchases Digital Storm chooses to
ship in multiple packages unless they request and agree to shipping
upgrades and upgrade fees. Digital
Storm does include shipping insurance with every FedEx and UPS
shipment.
viii. “Customer” agrees that Digital Storm will not liable for
shipper's shipping delays.
A. WEB ORDERING SECURITY:
Protecting your information is a priority for us. We use 128-bit
encryption Secure Sockets Layer (SSL) technology to protect the
security of your online order information. When you are about to
enter your credit card information, look at the bottom right corner
of the browser window for a icon of a gold lock. Also you can look
at your address bar and see if it starts with “https://”. Some
versions of browsers and some firewalls don't permit connection
through secure servers. In that case, you won't be able to connect
to the server and therefore won't be able to place an order through
an insecure connection. If you cannot access the secure server for
any reason, Please contact us to place an order, 1-866-81-STORM.
B. TRADEMARKS.
All trademarks and registered trademarks displayed on the site are
the trademarks of their respective owners, and are not intended to
imply any endorsement or affiliation between Digital Storm and these
companies.
C. MAKING PURCHASES.
If you wish to purchase products offered on the site, you will be
asked to supply certain information, including but not limited to
credit card or other payment information. You agree that all
information you provide to Digital Storm will be accurate complete
and current. You agree to pay all charges incurred by authorized
users of your account and credit card or other payment mechanism at
the prices in effect when such charges are incurred. You will also
be responsible for paying any applicable taxes, and shipping and
handling charges relating to your purchases.
D. WHERE WE SHIP.
We ship to any physical address that the shipper/courier can ship to
domestically or internationally. We may accommodate (“Customer”) who
need to have an item shipped to an APO/FPO address or PO
Box depending on the circumstances. Due to the number of wrong
addresses from customers, we now charge the face value that the
shipper/courier charges us to reroute your package if you did not
enter the address correctly. This charge is anywhere from $5-$25 and
you agree if your address is wrong, Digital Storm is authorized to
charge your credit card for these fees.
E. WHEN WE SHIP.
Orders received before 3:00 PM PST are usually processed the same
day for product build. Products are shipped only after build which
can take up to 15 days on a standard basis. Your order may be
delayed if your ship to address does not match what your credit card
issuer has on their file. Some orders that are shipped from
fulfillment warehouses may require longer for the item to ship. We
may also ship the orders with multiple items from different
warehouses so it is possible you get the items on different days.
Due to the many circumstances such as unable to charge your card or
verify your address, we cannot guarantee when your order is shipped
out. Also if you choose next day air service, it does not
necessarily mean you will get it the next day from the order date,
it means that you will get it the next day from the date we ship the
order. Digital Storm reserves the right at any time after receipt of
your order to delay your order for any reason.
F. SHIPPING DELAYS.
Once an order is shipped, it is up to the shipper courier to deliver
the products; we will not be able to stop the shipment once it is
shipped. If the shipper/courier loses the package, the shipper
courier will put a tracer on the package. Tracers take around 3 days
for air packages and 7 business days for ground packages. We will
not be able to ship out replacement packages until the shipper
courier confirms that the package is lost/will not be delivered to
its destination and they will reimburse us. Without confirmation
from the shipper courier, we will not know for sure if you will get
two shipments if we ship out another one. Another delay is if there
is no one to sign for the package, every package we ship usually
requires a signature, if a package is returned to us because no one
was available to sign for it or the address was input incorrectly at
the time you enter the order, you will be charged again to ship it
out a second time.
G. PRICING AND TYPOGRAPHICAL ERRORS.
Due to the fast pace of the computer industry, all prices are
subject to change without notice. We make every effort to list the
most accurate, up to the minute information. Despite our efforts,
some items on our website may be miss-priced. If a product is listed
at an incorrect price due to a typographical, photographical, or
technical error or error in pricing from our vendors, Digital Storm
reserves the right to refuse or cancel any orders placed for a
product listed at the incorrect price. If your credit card has
already been charged for the incorrect price, we will immediately
refund your card and cancel your order. You may also repurchase it
for the correct price if you wish to. Due to the volatility in
pricing for computer products, we do not match competitor's pricing
and we will not offer price protection beyond the 24hours of
purchase. Example: If Intel drops the price of a processor 5 days
after your purchase, that is beyond our control and our cost for
that same processor when we shipped is also much higher than our
current selling price. We will not be able to refund the difference
since we had to purchase the processor at a much higher cost to send
it to you when you placed your order.
H. ORDER ACCEPTANCE POLICY.
Your receipt of an electronic or phone order confirmation does not
signify our acceptance of your order. Digital Storm reserves the
right at any time after receipt of your order to accept or decline
your order for any reason.
I. DISCLAIMER AND LIMITATION OF LIABILITY AS TO PRODUCTS SOLD.
YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO DIGITAL
STORM. ARISING FROM ANY PRODUCT SOLD BY DIGITAL STORM SHALL BE THE
PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL DIGITAL STORM, ITS
DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND REPRESENTATIVES BE
LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES
RELATED TO PRODUCT SOLD.
1. DISCLAIMER AND LIMITATION OF LIABILITY AS TO THE
DIGITALSTORMONLINE.COM WEBSITE. THE DIGITALSTORMONLINE.COM WEB SITE
AND THE MATERIALS THEREIN ARE PROVIDED “AS IS”. DIGITAL STORM. MAKES
NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY
KIND WITH RESPECT TO THE DIGITALSTORMONLINE.COM SITE, THEIR
OPERATION, CONTENTS, INFORMATION, OR MATERIALS ON THE SITE. DIGITAL
STORM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY
KIND WITH RESPECT TO THE SITE OR THEIR USE, INCLUDING BUT NOT
LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. YOU AGREE THAT DIGITAL STORM, ITS DIRECTORS,
OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR
DAMAGES ARISING FROM THE OPERATION, CONTENT OR USE OF THE DIGITAL
STORM SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS
COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING
WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL,
INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
J. TITLE TRANSFER.
DIGITAL STORM retains title to parts and complete systems purchased
until the said purchaser pays for items in full at which time the
title passes to purchaser.
K. GOVERNING LAW.
You agree that any legal action brought against Digital Storm shall
be governed by the laws of the State of California without regard to
its conflict of law principles. You agree that the sole jurisdiction
and venue for any arbitration arising from your use of or orders and
purchased made on the Digital Storm sites or from Digital Storm
shall be in Alameda County, California. All actions between the
parties related to purchases and sales from Digital Storm shall be
resolved by binding AAA arbitration in Alameda County California.
L. RETURNS.
Refunds are only issued for the sale amount at current selling
market value (see section “O”) of the component(s) inside the
computer, and does not include freight charges.
Additionally, a 15%
restocking fee is applied to computer system unless all of the three items below have been met:
1. Your
purchase is returned back to Digital Storm within 30 days of
original delivery.
2. There are defective hardware component(s)
inside the computer such as a memory stick causing
stability/performance issue.
3. Digital Storm or a third-party
computer company contracted by Digital Storm has verified that the
stability/performance issues are in direct result of the hardware
inside the computer and NOT the software such as the operating
system, drivers, or software.
Digital Storm cannot offer a full
refund for the purchase price of the product(s) unless there were
issues such as defective hardware component(s) inside the computer
such as a memory stick causing stability/performance issues. The
returned merchandise must include its original packaging, manuals,
and all accessories. All sales on software items are final. Opened
accessories such as the monitor and speakers will not be refunded.
Digital Storm will not refund shipping costs and will not pay
shipping for returning packages. ORIGINAL SALES RECEIPT REQUIRED FOR
ALL RETURNS. THE 30 DAY MONEY BACK GUARANTEE IS ONLY HONORED IF THE
COMPUTER SYSTEM IS RETURNED TO DIGITAL STORM WITHIN 30 DAYS FROM
DATE OF ORIGINAL DELIVERY AND THE COMPUTER MUST HAVE DEFECTIVE
HARDWARE. CUSTOMER IS RESPONSIBLE FOR ALL SHIPPING FEES FOR RETURNS.
THE REFUND VALUE WILL BE THE FULL PURCHASE PRICE OF A NEW DIGITAL
STORM COMPUTER AT CURRENT MARKET VALUE. Before making any return,
back up all software and data and remove any personal information,
confidential information or private content which you do not want
viewed or used by any third party. Digital Storm is not liable for
lost data or misuse of data on computers that are returned for any
reason.
M. WARRANTY SERVICE:
Digital Storm will cover shipping costs back and forth and replace
the part(s) within the first 30 days of receiving your computer
system. After 30 days you will be held liable for shipping costs
back and forth, and Digital Storm will honor warranty service and
replacement only, not for shipping. Digital Storm may also use
similar products or similar to new products for all repairs to
computer systems order if the product first indicated is out of
stock. For example: If a certain hard drive, such as a Western
Digital 80GB hard drive is out of stock, Digital Storm replaces it
with a equivalent such as a Seagate 80GB hard drive. Digital Storm
either uses an equal or better product at no cost to the customer.
If you request for Digital Storm to use a specific product for your
order and would not like to substitute it with alternatives, please
indicate it with an email to
management@digitalstormonline.com and on the return package.
N. REFUSED SHIPMENTS.
Any product that Digital Storm ships out to Customer comes back to
Digital Storm as refused delivery, Customer will subject to fees. A
restock fee of 15% will be applied to computer system. Also,
shipping fees sending the package to the Customer and receiving the
package back from the Customer will not be refunded.
O. CURRENT MARKET VALUE.
Since every computer system is customized to the Customer’s needs,
it becomes difficult to return computer systems for a full refund.
If you are having defective parts issues with the computer system,
we will be more than happy to offer a full refund, minus shipping
costs for the purchase price of the computer at it's current market
value. For example, if you purchased a system from Digital Storm at
the price of $1,500.00 after a length of time, you are requesting a
full refund (and you have a verified defective hardware component
such as a memory stick, etc causing stability/performance issues
within the first 30-days of original delivery) we will offer a full
refund for the hardware at it's current selling market value. If the
same system is now available for $1,200.00, Digital Storm will issue
a refund of $1,200.00 which will allow you to still purchase a
computer with the same configuration that you originally ordered at
$1,500.00. This protects the customer and Digital Storm from price
adjustments from manufactures that are out of both Digital Storm and
the customer’s control. In the end, the customer will still be able
to buy a new computer with the same specifications from the original
purchase.
|
