PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY.
These Terms of Sale represent a contract between us, PCUniverse.Com, and you, the purchaser of any product or service from our website. You accepted these terms when you logged on to our site. These terms set forth your rights and will govern our actions in addressing any issues that may arise as a result of our acceptance of your transaction on our site. Your satisfaction is our primary goal and we will review the circumstances of each transaction with the goal of resolving any issues to your satisfaction.
The Terms And Conditions Of Sale Are Limited To Those Contained Herein.
Any additional or different terms in any forms delivered by the customer are hereby deemed to me material alterations and Notice of Objection to them and rejection of same is hereby given. By accepting delivery of the product(s) and/or services described on PCUniverse.Com’s invoice or other documentation, customer agrees to be bound by and accepts these Terms and Conditions of Sale unless both the customer and PCUniverse.Com have signed a separate agreement, in which case such agreement shall govern.
Application of Terms; Customer Acknowledgment
These Terms constitute a binding contract between Customer and PCUniverse.Com. Customer acknowledges agreement and acceptance of these Terms by making a purchase, placing an order or otherwise shopping on our Website (the “Site”). These Terms are subject to change without prior notice, except that the Terms posted on the Site at the time Customer initially places or modifies an order will govern the order in question.
Governing Law; All Sales Made in New Jersey
These terms and any transaction accepted hereunder will be governed by the laws of the state of New Jersey, without regard to conflicts of laws rules, regardless of the location of the customer and the address to which any orders are shipped to. Any dispute, action or litigation must be brought in the State of New Jersey and customer consents to the jurisdiction of the federal and state courts located in New Jersey, submits to jurisdiction there, and waives the right to change venue. Customer hereby agrees that such venue is appropriate and that pcuniverse.com’s agreement to sell and deliver products to the customer is dependent on this provision.
PCUniverse.Com endeavors to update and keep our site as accurate as possible. Nevertheless, availability of any product and its price are subject to change without notice. Regardless of whether or not you have purchased a product listed on our site, we reserve the right to cancel such order for any reason, to discontinue listing of any product at any time, for any reason, or to change the price of a product listed.
PCUniverse.Com reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. Even if your credit card has already been charged for the purchase of a product deemed by us to be posted in error, we may cancel your order at our sole discretion. If your order is cancelled, a credit to your credit card account in the amount of the charge will be issued. Individual bank policies will dictate when this amount is credited to your account.
Sales Tax Policy
We collect sales and use taxes for sales shipped to the State(s) of New Jersey, California, Tennessee, and the District of Columbia. Additional states may be added to this list without notice. We shall not be liable for handling or customs charges for shipments outside the United States. If you are a tax-exempt entity, you may take advantage of tax-exempt status for applicable purchases. Contact firstname.lastname@example.org for further details.
Shipping; Risk of Loss; Security Interest
PCUniverse.Com may charge shipping and handling fees for every shipment, unless a special promotion, waiver or contract term provides otherwise in our sole discretion; such cost includes the freight charged by the carrier, packaging, and handling, but does not necessarily equal a direct pass-through of such cost to the customer. Risk of loss is deemed to be upon Customer once we tender the product to the carrier. Delivery times are estimates only and we shall not be liable for delays. PCUniverse.Com retains a security interest in the products until payment is received in full.
Non-US or Export Sales
Sales of our products must follow the Export Administration Regulations of the U.S. Commerce Department and applicable State Department restrictions. Customer agrees that it will not divert, use, export or re-export such items contrary to United States law. Customer expressly acknowledges and agrees that it will not export, re-export, or provide such items to any entity or person within any country that is subject to United States economic sanctions imposing comprehensive embargoes without obtaining prior authorization from the United States Government. The list of such countries subject to United States economic sanctions or embargoes may change from time to time but currently includes, and is not limited to, Cuba, Iran, North Korea, Sudan, and Syria. Customer expressly acknowledges and agrees that it will not export, re-export, or provide such items to entities and persons that are ineligible under United States law to receive such items, including but not limited to, any person or entity on the United States Treasury Department’s list of Specially Designated Nationals or on the United States Commerce Department’s Denied Persons List, Entity List, or Unverified List. In addition, manufacturers’ warranties for exported products may vary or may be null and void for products exported outside the United States.
Limited Manufacturer’s Warranty
Customer expressly acknowledges that PCUniverse.Com is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, and not PCUniverse.Com or its affiliates. In purchasing any products from us, Customer is relying on the manufacturer’s specifications only and is not relying on any statements, specifications in brochures, photographs or other illustrations representing the products that may be provided by us. In connection with services, neither affiliates of PCUniverse.Com nor third party service providers are our agents and we have no obligation or liability arising from any services performed by or any warranty, if any, made by, such service providers. We warrant that we have good title to the hardware products we sell, and that we have proper authority to license the software products we distribute. We do not warrant the performance or integrity of any Product, but merely pass through to the Customer whatever end-user warranty the manufacturers or software publishers provide with their respective products.
PCUniverse.Com has no control over the technology of the Products sold herein, and therefore cannot and does not indemnify Customer for claims by third parties that Products infringe any patent, copyright, trademark or trade secret. PCUniverse.Com will pass through any such indemnity it receives from the Product manufacturer or supplier if same is transferable pursuant to the terms of such indemnification.
Pricing Information; Availability; Errors and Omissions
All pricing is subject to change, at any time, and without prior notice. We reserve the right to make adjustments to pricing, products and service offerings, of any kind and to any product or service displayed on or transmitted upon our website, for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes, or errors. All orders are subject to product availability. Therefore, we cannot guarantee that we will be able to fulfill Customer’s order(s). We make every effort to ensure the accuracy of the information published on our website. However, the documents and graphics published on this site may contain technical inaccuracies or typographical errors. We make no representations about the suitability of the information and graphics presented on this site. All such documents and graphics are provided “as is” without warranty of any kind. If an error is made and a product is listed at an incorrect price, we have the right to refuse or cancel any orders placed at the incorrect price, regardless of whether or not Customer’s credit or debit card, or alternate payment method, has been entered or processed. If the order has been confirmed and charged to your credit card, we shall immediately issue a credit in the amount of the incorrect price without delay.
We do not guarantee that our prices listed on other affiliate sites, or search engines, or price engines are accurate or up-to-date, and we have no obligation to accept orders originating from such sites.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. PCUniverse.Com reserves the right at any time after receipt of your order to accept or decline your order for any reason, regardless of where the order originated from.
Limitation of Liability
Neither PCUniverse.com nor its affiliates will be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party. Neither pcuniverse.com nor its affiliates will be liable for products not being available for use or for lost or corrupted data or software or the provision of services by third parties. Customer agrees that for any liability related to the purchase of products or services provided directly by PCUniverse.Com or its affiliates, neither PCUniverse.Com nor its affiliates are liable or responsible for any amount of damages above the dollar amount paid by customer for the product(s) or service(s) giving rise to the claim. We will not be responsible for any delays in delivery which result from any circumstances beyond our control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, Force Majeure or acts of any government or agency.
Third Party Services
Customer acknowledges and agrees that we and our affiliates are resellers of services and are not the provider of those services. In those cases, the third party service provider is the only party responsible for providing services to Customer. In those cases, Customer will look solely to the third party service provider for any loss, claims or damages arising from or relating to the purchase or provision of such services. Customer hereby releases PCUniverse.Com, and its affiliates from any and all claims arising from or relating to the purchase or provision of any such services by third party service providers. Services may be subject to tax.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon us until accepted by us. Acceptable terms of payment are within our sole discretion. We may invoice parts of an order separately. Customer is responsible for, and will indemnify and hold PCUniverse.Com harmless from, any applicable sales, use or other taxes or federal, state or local fees or assessments associated with the order. Customer must claim any exemption from such taxes, fees or assessments at the time of purchase and provide the necessary supporting documentation. Any sales, use, or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of our costs of collection, including court costs, filing fees and attorney’s fees.
Vendor License Agreements
Customer agrees to abide by all license provisions or end user license agreements (EULA) imposed by the manufacturer or publisher as relates to any products sold on our site.
If Customer receives damaged products, please refuse the products upon original delivery attempt. If damaged products are accepted from the carrier, such damage should be noted on the carrier delivery record. Please save the product and the original box and packaging and notify PCUniverse.Com immediately to arrange for a carrier inspection and a pick-up of damaged products. Please notify Customer Care at email@example.com of damaged products WITHIN THE FIRST 3 DAYS of receipt. Timely receipt of this information is necessary for PCUniverse.Com to file a damage claim.
Termination of Use
PCUniverse.Com may, in its sole discretion, terminate your account or your use of our website at any time. You are personally liable for any orders that you place or charges that you incur prior to termination.
We reserve the right to change, suspend or discontinue all or any aspects of the PCUniverse.Com website at any time without prior notice.
These Terms constitute the entire agreement between Customer and PCUniverse.Com relating to the sale of products and services on this Site. Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by requesting same by regular mail. Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void, and these terms and conditions shall apply. Customer expressly consents that the Terms contained herein and in our invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms or any purchase order or invoice related thereto. This section may not apply if there is a written contract between Customer and PCUniverse.Com. In the event any section or portion of a section of these Terms are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms, and the remaining terms shall continue in full force and effect.