BY CLICKING ON THE “I AGREE” (OR SIMILAR BUTTON OR CHECK BOX) OR BY PURCHASING ANY PRODUCT SOLD ON THIS WEBSITE (“WEBSITE”) YOU (“YOU”) AGREE TO THE FOLLOWING TERMS AND CONDITIONS (“AGREEMENT”), WHICH APPLY TO ALL PURCHASES YOU MAKE ON THIS WEBSITE. YOU ACKNOWLEDGE THAT YOU ARE ENTERING INTO A BINDING AGREEMENT WITH RAPID FIRE PC LLC, A DELAWARE LIMITED LIABILITY COMPANY (“US” OR “WE” OR “COMPANY”). YOU ALSO ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND THAT YOU UNDERSTAND THE TERMS HEREOF.
Sale Authorization And Payment Terms
By providing your credit card, debit card, PayPal, bank account information or any other billing information through our check-out process and submitting payment, You hereby authorize us to deduct the total purchase price stated on our Website at the time of purchase for all goods You purchase, and all other stated shipping costs, taxes or other charges applicable to the sale from such method of payment. You agree that we shall be authorized to charge all such amounts immediately after You have clicked the submit button or otherwise have authorized the payment.
We are not responsible for pricing, typographical, or other errors in any price stated on our Website. We reserve the right to cancel any orders arising from such errors. We also reserve the right to cancel any sale made to You if we determine that there were inaccuracies in any product description or information contained on this Website regarding such product. All pricing is in United States currency (USD) unless otherwise stated. All listed prices do not include shipping and handling charges unless otherwise indicated. You agree to pay all charges that may be incurred by you or on your behalf through this Website, at the actual price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. If a product’s actual price is lower than the price stated on this Website, we will charge the lower amount and ship the product to You. If a product’s correct price is higher than the price stated on this Website, we will notify You via email and we will cancel your order.
Late/Chargeback Fees; Attorneys’ Fees
For any amount (a) not paid to the us when due; or (b) paid by You via credit card which (i) the credit card issuer (the ‘issuer’) later rejects or refuses to pay, or (ii) we are later required to reimburse the issuer (each, a ‘chargeback’), then in each case, we reserve the right to charge and You agree to pay, in addition to the amount not paid, rejected or refused, a fee of 10% of such amount, or the highest rate allowed under applicable law, whichever is lower, and to pay interest on the overdue amount at the rate of 1.5% per month, or the highest rate allowed by applicable law, whichever is lower, until paid in full. In addition, You agree to pay all collection costs, including reasonable attorney’s fees, incurred by us in collecting any amounts that You owe to us, whether incurred before or after civil litigation is commenced.
All sales are subject to product availability and we may revise and discontinue any product at any time without notice to You (which may affect any information saved in any saved searches or your shopping cart). We also reserve the right, with or without prior notice to You, to: i) limit the available quantity of or discontinue any product; ii) bar any Website user from making any or all transaction(s); iii) refuse to provide any Website user with any product we sell; and iv) limit quantities on orders placed by the same user (or account), the same credit card, or orders that use the same billing and/or shipping address. If any item you’ve ordered is unavailable as a result of a miscalculation in our available inventory, you will be notified as soon as possible after you have placed your order and your purchase will be promptly refunded to you, as your sole remedy in such instances. We reserve the right to limit, terminate or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy.
Accuracy of Materials
We make every effort to describe and display our products accurately on this Website. However, a small number of the items may be mis-priced, described inaccurately or unavailable, and we may experience lags in uploading updates throughout this Website or other delays beyond our control. ACCORDINGLY, WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED ON THIS WEBSITE RELATING TO PRODUCT PRICES, EXACT PRODUCT FUNCTIONALITY OR PURPOSE OF USE, COLORS, SHAPES OR SIZES AS DEPICTED ON THIS WEBSITE OR REGARDING PRODUCT AVAILABILITY. WE RESERVE THE RIGHT TO CHANGE OR UPDATE INFORMATION AND TO CORRECT ERRORS, INACCURACIES OR OMISSIONS AT ANY TIME WITHOUT PRIOR NOTICE.
Title to Products And Risk of Loss
Title to any products and risk of loss or damage to the products during the shipping process shall pass to You upon delivery by us to the carrier for shipment of any product(s) You purchase.
Orders will be shipped to You on the same day the order is placed, or within 24 hours from the time You place your order. You will receive a shipping confirmation with tracking information once your order ships. We do not ship on holidays such as New Year’s Day, Memorial Day, July 4th, Labor Day, Thanksgiving and Christmas. We cannot guarantee delivery dates will be met because merchandise is occasionally a very limited supply and it may take additional days to process and ship.
Item must be in stock. Pre-order items will ship on or about their expected ship date.
-Shipping Confirmation Emails
We will send you a shipping confirmation email when all or part of your order is shipped that will include the UPS tracking number. You will be sent a shipping confirmation email with a tracking number for every shipment. You can also check the status of your order anytime by clicking on the Order Tracking link in the footer of every page on this site or by logging in to My Account and going to My Orders.
-Shipping Multiple Packages
If your order includes several items, they may ship separately and at different times. So that we can deliver your purchases to you as efficiently as possible, items which ship from the same location are grouped together. Our shipping confirmation emails will let you know how much of your order has shipped.
-Tracking Your Order
There are three easy steps to track your order:
- Click on the Order Tracking link in the footer of each page. You will need your order number, billing last name and billing zip code;
- Log in to My Account and go to the My Orders section;
- Choose which order you’d like to view and you will have an option to track the order.
You will receive a shipping confirmation email when all or part of your order is shipped. The email will include the UPS tracking number.
-Delivering Your Package
We process, ship, and deliver packages Monday through Friday. At this time, we do not offer shipping or delivery on Saturday, Sunday, or holidays. Your order may be delayed if your shipping address is different from your billing address (we use this additional time to help ensure the security of your credit information). Most items are available to ship in 1-2 business days unless otherwise noted. Shipping and handling costs may vary depending on the rates offered by our shipping carriers and the promotions we may run. We do our very best to provide fast, economical shipping to our customers!
If you have any questions or concerns regarding the shipment of your products please contact us at firstname.lastname@example.org
If Overnight or Expedited Shipping Services are needed it is important to contact us ASAP and also provide your phone number so that we may contact you with details or options. During normal business hours (8:30AM-5:30PM EDT) you may call us at 888-342-0444.
Feel free to contact us with any shipping questions you may have.
Taxes And Other Charges
Unless otherwise indicated, You are responsible to pay any applicable sales (use) taxes or any other similar tax required to be paid by the state in which You reside or any custom duties or VAT taxes required to be paid by You due to your purchase of any product(s) from this Website. If we are required to collect any taxes at the point of sale, then all applicable taxes will be added to the purchase price and You agree to pay the same, unless You provide us with a valid and correct tax exemption certificate applicable to your purchase. We do our best to accurately calculate duties, taxes and fees when we add these charges to your order at checkout. In some cases, however, these charges may be too low or too high. We make no guarantee as to the accuracy of these charges and we will not provide any refunds for over-charging.
RETURN & REFUND POLICY
Unless noted otherwise in the product description, items we sell are covered under our 30 day return policy as follows: You may return any unused product purchased on this Website within 30 days from the date of purchase, provided the returned product(s) is undamaged and is in its complete and original condition (including all documentation, media or all other separate items or components included in the original shipment). Any items You return cannot show signs of wear and/or installation or otherwise any use, or no refund will be provided whatsoever. We will refund the purchase price of the returned product upon receipt of your return shipment, less all shipping and handling charges You have paid, which are non-refundable, and we will charge a 20% restocking fee, which will be deducted from the refund amount to cover fees and possible shipping costs charged to us relating to the return. All returns must be shipped (postmarked) to us no later than 15 days after any request for return is approved by us. Failure to follow the return instructions included with the product or posted on this Website shall render any obligation by us to refund your purchase price null and void. Unless otherwise noted during your purchase, products may be returned in an opened box or opened packaging. Please sign into your account, then please click ‘View Order’ under the Order Detail & Tracking tab, then click ‘Return Request’ next to the item you wish to send back. Check the box next to the item and choose the reason for the return. After you hit next you will then be able to print a prepaid return shipping label to use to ship the items back to us. Actually, you’ll get two labels, one for UPS and one for the USPS Mail Innovations. Please use the shipping method that works best for you. If you use the UPS ground label you may drop the package at any UPS location. If you choose USPS (UPS Mail Innovations) label you may give the package to the United States Post Office. Returns will be refunded in the original method of payment. Do not send items back through other means or without obtaining a return authorization as your package may be sent back to you. You may request a return online by signing into your account, via phone 888-342-0444, or email email@example.com. Usual turnaround time is 1-2 weeks from time shipped to when refund is issued.
However, if any items (or components or accessories of any items) You receive are missing, incorrect, damaged, or “breaks” upon your installation and use of the same due to the part being inherently defective, upon our receipt and inspection of the returned product from You, which must be done within the 30 day refund period, we will then promptly send You any missing or replacement item(s) or component(s) at our sole cost, or we reserve the right to instead refund the total purchase price to You with no restocking fee deduction or other offset, including refunding Your shipping and handling costs, which such option shall be determined by us in our sole discretion. We will provide You with a return shipping label for your return shipment of any damaged product or any incomplete product which must be returned to us. You agree that our correction of the same or our refund of the purchase price and shipping and handling costs shall be your sole remedy in the event You receive any missing, damaged, incorrect or defective items from us.
You are responsible for all risk of loss for any returned products. We shall not be responsible for any returned products that are lost or damaged during the return shipment. Shipping confirmation should be used with the return shipment. We should be contacted during normal business hours for return approval.
Excluded Items: Notwithstanding our Return Policy, the following items may only be returned if they are damaged at the time of shipment, are incorrect or are missing any parts or accessories included with your purchase of such item(s) upon delivery to You: Clearance Items may not be returned or exchanged and Gift Cards and Electronic Gift Cards are also final and cannot be returned or refunded except where prohibited by law. These items are not covered by our return policy.
No cancellations of any existing orders shall be permitted under any circumstances, unless otherwise stated in this Agreement.
If you want to exchange the product you ordered, you must request this exchange and complete your replacement order within 30 days of purchase. The purchase price of the original item minus a 20% restocking fee, less any money paid to government entities, such as filing fees or taxes, or to other third parties with a role in processing your order, will be credited to your Rapid Fire PC account. Any payments made directly by you to service professionals associated with our Service Professional Referral Service are not eligible for exchange or credit. Any price difference between the original order and the replacement order or, if a replacement order is not completed within 30 days of purchase, the full original purchase price (in each case less any money paid to government entities or other third parties) will be credited to the original form of payment. If you paid for your original order by check, Rapid Fire PC will mail a check for the applicable amount to your billing address.
Changes To Existing Orders
Modifications to any existing orders will be permitted provided any items associated with the order have not yet been shipped. In the case of any requests for product additions, such additions shall be subject to product availability and may not be able to be shipped within the same time-frame as your original order in some cases. Any product additions will be shipped within the time-frame stated on this Website applicable to all shipments, measured from the date You make any modification request.
We may provide remote PC maintenance and repair services through this Website under the terms of a separate agreement with You (hereinafter referred to as an “Other Agreement”). The terms and conditions governing your purchase and use of specific services offered by us are contained exclusively in such Other Agreements. This Agreement shall not be deemed or construed to alter the terms of any such Other Agreements.
You may only use any products You purchase from us for your own internal use and not for resale or sub-licensing. Any resale or licensing or other distribution by You of any product(s) You purchase from us is strictly prohibited. You are solely responsible for compliance with any laws applicable to your purchase and use of any products made available through this Website. You agree to comply with all applicable laws and regulations of the United States and the various states. We make no representations or warranties to You that use of any product You purchase will be legal in your jurisdiction. Access and use of this Website from any jurisdictions where the products or services being provided are illegal is strictly prohibited and we shall have no liability to You whatsoever in such case.
Our Intellectual Property
All logos or any other trademarks, trade names or service marks and/or any other marks or logos posted on this Website, whether marked or unmarked, is either owned by us, an affiliate or subsidiary, or by some third party. This includes any product names appearing on this Website whether marked or unmarked by us. No trademarks, trade names, service marks, etc. posted on this Website may be used without the prior written consent of the owner. We retain all rights, ownership, title and interest in all trademarks, trade names or service marks contained on the Website owned by us, whether or not we have registered for or have been granted any such protections under State and/or Federal law.
Intellectual Property Disclaimer
Any references made on this Website to any established trade names, trademarks, service marks, product names or any other third party intellectual property is strictly used for reference and identification purposes only. No ownership, affiliation or sponsorship exists between us and the owner of any referenced trademark, trade name, service mark, or with any specific good or service referenced on this Website. We do not endorse or recommend any services or products referenced on this Website unless otherwise expressly stated, however they may be referenced or identified.
NO MANUFACTURER PRODUCT WARRANTIES APPLY TO ANY PRODUCTS YOU PURCHASE FROM US THROUGH THIS WEBSITE. OTHER THAN AS MAY BE EXPRESSLY STATED IN OUR RETURN POLICY, ALL PRODUCTS ARE PROVIDED BY US “AS IS” AND “WITH ALL FAULTS” AND YOU ASSUME THE ENTIRE RISK ASSOCIATED WITH YOUR USE OF ANY PRODUCT(S) PURCHASED BY YOU. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING YOUR USE OR THE PERFORMANCE OF ANY PRODUCT(S) YOU PURCHASE THE SUBJECT OF THESE TERMS INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. ANY WARRANTY PROVIDED BY ANY MANUFACTURER, DISTRIBUTOR OR SUPPLIER OF ANY PRODUCT NOT MADE BY US WILL BE INCLUDED WITH THE PRODUCT.
LIMITATION OF LIABILITY
YOU AGREE THAT RAPID-FIRE PC LLC OR ANY OF OUR OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, ATTORNEYS ITS SUCCESSOR’S AND/OR ASSIGNS, IF APPLICABLE, SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR ANY OTHER INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR PURCHASE OF ANY PRODUCT OR SERVICE FROM THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS OR REVENUES, LOST DATA OR LOST GOODWILL OR ANY OTHER DAMAGES. YOU AGREE THAT OUR LIABILITY SHALL IN ALL CASES BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCT IN QUESTION PAID BY YOU. WE SHALL NOT BE LIABLE TO YOU AS STATED HEREIN REGARDLESS OF THE CAUSE OF ANY SUCH DAMAGE OR THE NATURE OF ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, BY STATUTE, FOR ANY TORTIOUS CONDUCT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR BY ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE SAME. ACCORDINGLY, YOU AGREE TO WAIVE YOUR RIGHTS UNDER ANY LAWS THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS INCLUDING, CALIFORNIA CIVIL CODE SECTION 1542 IF YOU ARE A CALIFORNIA RESIDENT, OR ANY OTHER APPLICABLE STATE LAWS.
Exceptions to Disclaimers And Limitations
Some jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to You. To the extent that we may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties under law and the extent of our liability shall be as limited as is allowed under any applicable laws.
By entering into this Agreement, you agree to our collection, use, and disclosure of your personal information in accordance with the Privacy and Communications Policy contained on this Website. This includes certain personal identifying information and billing/shipping information you provide during the registration and/or check-out process.
Information Security Policy
We make no guarantee, warranty or representation that your name or email address, or any other Identity Information you provide through this Website, will remain secure at all times from any illegal or unauthorized access of the information by third parties. We shall not, under any circumstances, be held responsible or liable for information or transmissions that are accessed by third parties illegally or without authorization through this Website and/or network. We will report any unauthorized access of your information promptly upon discovery, and we will use our best efforts to remedy any security vulnerability that contributed to the unauthorized access.
B. Authority. If You are accepting these terms on behalf of another person or a company or other legal entity, You represent and warrant that You have full authority to bind that person, company, or legal entity to these terms of sale and otherwise have authority to enter into this Agreement.
C. Severability. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.
D. Arbitration. YOU AGREE TO GIVE UP YOUR RIGHTS TO BRING ANY CLAIMS RELATING TO THIS AGREEMENT AND/OR YOUR USE OF THIS WEBSITE IN GENERAL INCLUDING THE RIGHT TO A JURY OR BENCH TRIAL AND/OR TO INITIATE OR PARTICIPATE IN A CLASS ACTION LAWSUIT AGAINST US BEFORE A COURT OF LAW OR OTHER LEGAL TRIBUNAL AND TO RESOLVE ALL DISPUTES OR CLAIMS EXCLUSIVELY BY ARBITRATION OTHER THAN ANY DISPUTES OR CLAIMS RELATED TO THE PROTECTION OF ANY INTELLECTUAL PROPERTY RIGHTS. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, any and all claims, disputes or controversies of whatever kind and nature, whether preexisting, present or future between You and us, our agents, employees, principals, directors, officers, shareholders, members, managers, successors and assigns, to the extent applicable, arising from or relating to this Agreement, its interpretation or validity, shall be resolved exclusively by binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) and shall be administered by the AAA. Notwithstanding the foregoing, to the extent You have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in state or federal court under the terms of this Agreement.
Any arbitration proceeding shall be exclusively brought and heard in a federal or state court, situated in Dover, Delaware. The arbitrator shall be authorized to grant any relief available under law or in equity and any award rendered shall be final and conclusive upon the parties, except that the arbitrator shall not be authorized to award punitive damages to either You or us. Any judgment may be entered in any court having jurisdiction and the arbitrator may award reasonable costs and fees, including reasonable attorney’s fees and all arbitration fees, to the prevailing party, notwithstanding the then current rules of the AAA. YOU AGREE THAT A WRITTEN NOTICE REQUESTING ARBITRATION MUST BE PROVIDED TO US WITHIN ONE (1) YEAR AFTER THE ACTS OR OCCURRENCES SUPPORTING SUCH A CLAIM, WITHOUT TOLLING FOR A FAILURE TO DISCOVER SUCH ACT OR OCCURRENCE. If You do not send a written notice to us within the requisite one (1) year period, You agree that any such claim (or claims) shall be waived and are hereby released by You and You shall be forever barred from asserting such claim (or claims) at any time after the expiration of such period.
E. Venue/Choice of Law. Any and all claims, demands, controversies or legal proceedings arising out of or related to this Agreement and/or your use of this Website may only be brought exclusively in a federal or state Court situated in Dover, Delaware, and You hereby expressly agree to submit to the personal jurisdiction of such court and consent to extra-territorial service of process. Further, You waive any right to challenge the selection and choice of jurisdiction and You acknowledge that the right of selection of jurisdiction being waived by You is a valid part of the consideration of the sale the subject of these terms. This Agreement shall be construed and enforced in accordance with the laws of the state of Delaware, without regard to conflict of laws principles and without regard to any applicable International laws, treaties or regulations including, but not limited to, the United Nations Convention on Contracts for the International Sale of Goods or any other uniform International trade laws.
F. Waiver. The waiver by us of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver of any other or subsequent breach by You.
G. Force Majeure. Except for your payment of the purchase price or fees, neither party shall be liable for any delay or failure to perform to the extent caused by fire, flood, explosion, war, riot, embargo, labor disputes, compliance with any laws, regulations, orders, acts or requirements from the government, civil or military authorities, terrorist attacks, acts of God or the public enemy, or any act or event of any nature reasonably beyond such party’s control.
H. Prior Dealings. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of or interpretation of any provision contained in this Agreement.
I. Assignment. You may not assign, delegate or otherwise transfer all or any part of your rights or obligations under this Agreement without prior written consent by us. Any such attempted assignment, delegation, or transfer will be null and void.
J. Survival. Any provisions in these Terms which by their nature extend beyond the termination or expiration of any sale will remain in effect until fulfilled and will apply to both parties respective successors and permitted assigns.
K. No Employment, Joint Venture or Partnership Relationship. Nothing in this Agreement will be construed as creating a joint venture, partnership, agency or employment relationship between the parties, nor will either party have the right, power or authority to create any obligation or duty, express or implied, on behalf of the other. You acknowledge that the Company is an independent contractor and neither the Company nor any of its directors, officers, agents, employees, or affiliates is or shall be deemed employed by you. The Company reserves the right to determine the method, manner and means by which the Services will be performed. The Company and its directors, officers, agents, employees, and affiliates are not required to perform the Services for you during any particular hour of the day or night, and the time spent accessing your Computer Systems and Devices covered by the Services is at the Company’s discretion, subject to your access times and security requirements. You further acknowledge that the Company is not required to devote its full time or the full time of any of its directors, officers, agents, employees, or affiliates to the performance of the Services, and you acknowledge that the Company has other clients and that it offers Services to the general public. The order and sequence in which the Services are to be performed shall be under the control of the Company and its agents, employees and affiliates, and not under your control.