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Terms and Conditions |
1. TERMS AND CONDITIONS
a. Your use of the DigitalStormOnline.com web site (the “Site”) and
our services, including phone orders and inquiry, 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.
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 RMA 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.
b. GENERAL TERMS AND CONDITIONS.
i. (“Customer”) will agree that we are not liable for mismatched
product pictures or mistakes in product information. Digital Storm
will only guarantee that we ship the product named on the invoice.
ii. 2) Our sales representatives are forbidden to make any claims on
product or services, especially over the phone. Once again, Digital
Storm can only guarantee that the products named in your invoices
will be shipped. Any additional provisions to your purchase must be
made for in writing.
iii. 3) (“Customer”) shall agree 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. 4) (“Customer”) shall agree that under absolutely no
circumstances will shipping be refunded once we ship.
v. 5) 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. 6) 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. Shipped orders cannot be canceled under any
circumstances.
vii. 7) Material fee for boxes, transportation, etc. are included in
the shipping fee with the exception of shipping insurance and
calculated on per shipment basis. (“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.
viii. 8) (“Customer”) shall agree that Digital Storm will not liable
for shipper's shipping delays. In such cases, (“Customer”) may
petition for a shipping rate adjustment if packages do not arrive
within the shipping company's promised timeframe but in no way is
Digital Storm required to do so.
c. 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.
d. 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.
e. 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.
f. 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.
g. WHEN WE SHIP.
Orders received before 3:00 PM PST are usually processed the same
day. Your order may be delayed if your ship to address does not
match what your credit card issuer has on their file. We verify all
addresses for protection against fraud. 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. Computer systems take
up to ten business days if there are no problems with the computer
system such as defective memory, bad motherboard, etc.
h. SHIPPING DELAYS.
Once an order is shipped, it is up to the shipper courier to deliver
the product's), 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.
i. 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.
j. 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.
k. DISCLAIMER AND LIMITATION OF LIABILITY AS TO PRODUCTS SOLD.
All of Digital Storm’s products are guaranteed against defects for
the length of the warranty starting on the date of the invoice. EXCEPT AS EXPRESSLY STATED
HEREIN, DIGITAL STORM. MAKES NO REPRESENTATIONS OR WARRANTIES,
EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD
ON THE DIGITALSTORMONLINE.COM SITE. EXCEPT AS EXPRESSLY STATED
HEREIN, DIGITAL STORM. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE,
INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM
LIABILITY TO DIGITAL STORM. ARISING FROM ANY PRODUCT SOLD ON THE
DIGITALSTORMONLINE.COM SITE SHALL BE THE PRICE OF THE PRODUCT
ORDERED. IN NO EVENT SHALL DIGITAL STORM, ITS DIRECTORS, OFFICERS,
EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT,
CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCT SOLD.
l. 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, MATERIALS OR YEAR 2000 COMPLIANCE. 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
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.
m. YEAR 2000 DISCLAIMER.
DIGITAL STORM makes no representations or warranties, either express
or implied, of any kind with respect to the Year 2000 compatibility
of products sold on the Site. DIGITAL STORM expressly disclaims all
warranties, express or implied, of any kind with respect to the year
2000 compatibility of products sold on this site, including but not
limited to, merchantability and fitness for a particular purpose.
The sole and exclusive maximum liability to DIGITAL STORM. Arising
from any product sold on this site shall be the price of the product
ordered. In no event shall DIGITAL STORM, its directors, officers,
employees and representatives be liable for special, indirect,
consequential, or punitive damages relating to the Year 2000
compatibility of products sold.
n. 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.
o. 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 litigation arising from your use of or orders made
on the Digital Storm sites shall be an appropriate federal or state
court located in Santa Clara County, California.
p. RETURNS.
Refund is only issued for the sale amount of the computer(s), and does not include
freight. A 15% restocking fee is applied to computer systems unless
the system is returned back to Digital Storm within 30 days of
original delivery. 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 BY 30 DAYS FROM
DATE OF ORIGINAL DELIVERY. RETURNS ARE NOT HONORED AFTER 90 DAYS
FROM DATE OF ORIGINAL DELIVERY. CUSTOMER IS RESPONSIBLE FOR ALL
SHIPPING FEES FOR RETURNS.
q. COMPUTER SYSTEMS.
If there is a defect in your computer system such as defective hard
ware, Digital Storm will cover for 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
for a 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 a 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 a email to
sales@digitalstormonline.com.
r. REFUSED SHIPMENTS.
If any product that Digital Storm ships out to the (“Customer”)
comes back to Digital Storm as refused delivery by the (“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 also not be refunded. |
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