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By accepting delivery of any product delivered from Itwinkle.com, you ("Customer") agree to be bound by the terms and conditions listed below. You and Itwinkle.com agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and Itwinkle.com. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from Itwinkle.com.
Price, specifications and terms of offers are subject to change without notice. Itwinkle.com is not responsible for typographical and/or photographical errors. Retail products are accompanied by the original manufacturer warranty.
PLEASE READ THIS DOCUMENT CAREFULLY!|
THESE TERMS & CONDITIONS BELOW APPLY TO ALL YOUR PURCHASES FROM ITWINKLE.COM. THEY CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING LEGAL LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.
1.Itwinkle.com Refund and Replacement Warranty
Itwinkle.com offers our customers a 30-day (30 days from the original invoice date) satisfaction replacement or refund guarantee on all purchases, with the following exceptions noted below except CPU and memory are 7-day money back. The exception for the CPU and memory is necessary due to the frequent price fluctuation in these items.. After 30 days, each product carries its own individual manufacturer warranties, as offered by the manufacturer.
Due to manufacturer's policies, Itwinkle.com can not accept refunds on Computer Chassis'(cases). Defective Computer Chassis'(cases) are however eligible for replacements during the applicable warranty period. Computer Systems assembled by Itwinkle, carry their own individual manufacturer warranties after 30 days.
However, to take advantage of Itwinkle.comís return guarantee policy, Customer agrees to comply with Itwinkle.comís Product Return Procedure a set forth below. Any breach of Itwinkle.comís Return Policy Procedure will result in the loss of Itwinkle.comís replacement/return guarantee. Furthermore, all return shipments not in compliance with these instructions will be rejected.
Product Return Procedure:
- To return a product based upon Itwinkle.comís replacement/return guarantee, you must call or e-mail our office and obtain a Return Merchandise Authorization ("RMA") number within the guarantee return period for the product (described above). Itwinkle.com will not accept returns without prior authorization and an RMA number. Once issued, RMA numbers are valid for 15 days in which must be returned to Itwinkle.com. RMA numbers will not be extended or reissued. Customer should prominently display the RMA number(s) on the shipping label of boxes containing the returned product.
- Returned items MUST have original invoice and all contents must be sent together.
- Customer is solely responsible for shipping any returned product to Itwinkle.com. Customer agrees to use only reputable carriers capable of providing proof of delivery and insurance for the entire value of the shipment. Customer agrees to bear all shipping charges and all risk of loss for the return product during shipment. Customer agrees that all returned products will be 100% complete, in re-saleable condition, and will include the original packaging material, manuals, blank warranty cards, and other accessories provided by the manufacturer. If any component of the returned product is missing, Itwinkle.comís Return Procedure will be breached and Itwinkle.com will reject the entire return or may choose to impose additional charges against the customer for replacement of the missing component.
- Itwinkle.com will not refund to Customer the original shipping charges. In addition, Itwinkle.com will assess a 15% restocking fee against the Customer's account on all non-defective returns for refund.
- Products being returned for a refund, must be received by Itwinkle.com prior to 30 days from the original invoice date. Returns received after the 30 day return period will no longer be eligible for refund.
We will not accept any item that has physical damage. Physical damage is any damage that is not caused by any normal wear and tear. If we receive an item that is physically damaged, it will be returned to the buyer at their expense.
The most common forms of physical damage we receive are from CPUís and motherboards returns caused by incorrect installation. Please understand that these are policies established by the manufacturer and some of the definitions below were taken directly from them.
Motherboard Return Policy
Physically damaged motherboards will be denied and will be shipped back to the buyer at their own expense. Physical damage includes chips, burns, scratches, thermal paste in the CPU socket, bent pins, etc. Please note that any scrapes to the metal around the screw holes caused by over tightening of case screws is also considered physical damage so please be careful when installing your motherboard.
Motherboard - Bent pins
When pins are bent, the processor cannot be inserted into the socket on the motherboard. The damage may be caused by mishandling the processor, improper removal of the processor from the shipping material, or incorrect insertion into the processor socket. This is considered physical damage and is ineligible for return.
Motherboard - Thermal Paste on the Pins
Foreign material such as thermal paste on a component prevents reliable connectivity between the motherboard and CPU. This is considered physical damage and is ineligible for return.
Motherboard Screwdriver Damage
Screwdrivers used during integration or installation may slip and strike motherboard components causing damage leading to system failure. This can also happen around mounting holes caused by over tightening of case screws. This is considered physical damage and is ineligible for return.
Motherboard Trace Damage
A damaged or cut trace on a motherboard may cause the system to fail. Damage to traces may occur around mounting holes and around heat sink assemblies. They may also occur on the secondary side (back) of the motherboard. This is considered physical damage and is ineligible for return.
A chemical action destroys a metal surface through oxidation, electrolysis, or contamination. Corrosion may prevent connectivity causing a system to fail. This is considered physical damage and is ineligible for return.
Itwinkle.com is a distributor only. Products sold by Itwinkle.com are not manufactured by Itwinkle.com. The products may, however, be covered by each manufacturer's warranty, service, and support policy (if any). Itwinkle.com assigns and passes through to the Customer any warranty of the manufacturer, and Customer acknowledges that it shall have recourse only under such warranties and only as against the manufacturer of the products. ITWINKLE.COM MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. ITWINKLE.COM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
Itwinkle.com, like other e-tailers, ships items in the condition they were received from the original manufacturer/distributor. Itwinkle.com does not conduct product testing before shipping any merchandise. However, for power supply, we can help to test it if asked (optional) before shipping.
3. LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES Itwinkle.comís MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. Itwinkle.com SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. Itwinkle.com SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT Itwinkle.com IS APPRISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
4. GENERAL TERMS AND CONDITIONS Payment Terms Orders: An order is not binding upon Itwinkle.com until it is accepted; Itwinkle.com must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, wire transfer, or some other method prearranged with Itwinkle.com. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
Shipping:All shipping is deliver with FEDEX. For international orders, our products are delivered with USPS Priority mail and for PO BOX, APO, and military bases, Itwinkle uses USPS parcel post.
Your total cost for purchase of any product will include shipping and handling charges shown on the Itwinkle.com invoice.
Price Protection: Our website is updated frequently to ensure that you'll view the latest products and pricing available, and that you receive all of the latest savings. At the time you make a purchase you agree to the listed price. We are unable to make a price adjustment if the price has changed, after an order has shipped. However, if you notify Itwinkle prior to the shipment of your order, we would be happy to make the price adjustment for you. Unfortunately, Itwinkle.com does not offer price matching for competitors.
P.S.: Free shipping (if any) is applicable only to the 48 contiguous states of USA.
Title; Risk of Loss: Itwinkle.com will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) and risk of loss passes to the Customer upon delivery to the carrier. Itwinkle.com reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow Itwinkle.com to sign appropriate documents on Customer's behalf to permit Itwinkle.com to protect its purchase money security interest. Itwinkle.com will advise Customer of estimated shipping dates, but Itwinkle.com will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
Governing Law and Jurisdiction:
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Itwinkle.com and Customer shall be governed by the laws of the State of California, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Itwinkle.com and Customer consent to the exclusive jurisdiction and the venue of the State Courts of the State of California, Los Angeles County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Itwinkle.com that is more than one year after the date of the applicable invoice.
Severability: If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law.
Waiver: The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
Entire Agreement: These terms and conditions, together with the Itwinkle.comís invoice respecting the products ordered by Customer, are the complete and exclusive agreement between Mwave.com and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Itwinkle.comís and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
Sales Tax: Sales tax is only required for orders shipping into states where we have or may have nexus for state tax purposes under applicable laws. Therefore all orders shipping into California, New Jersey and Tennessee will be charged applicable sales tax according to your area's tax rate. Please note that the sales tax for New Jersey and Tennessee orders is calculated based upon the total price of the order, including shipping and handling. The tax imposed by these states on shipping and handling is part of the state sales tax, not a separate tax.
Duty Tax: FedEx only offers 2Day or overnight services to Hawaii and Alaska. If you have selected FedEx Saver as your preferred shipping option and attempt to checkout, the shipping method will default to 2Day and you will subsequently be charged accordingly.
Itwinkle.com offers complimentary customer appreciation gifts with the purchase of selected merchandise on the front page. Both the product and the gift item will be added to your cart. Gift offers valid only while supplies last.
Phone: (909)598-7209 Fax: (909)598-0130 Email:email@example.com Postal Address: 20524 Carrey Rd. Walnut, CA 91789 Web site URL www.itwinkle.com
We reserve the right to test the product and confirm the defectiveness before issuing refund.
RMA Application: For the customer who wants to return the products back to us, and if the products are in the valid period (Customer should ship back the wrong items or damage items by themselves if they have received it over 6 days),please ask our RMA form first at Live Service ,fill in and email to following address:firstname.lastname@example.org or fax(909-598-0130) to us.We will issue you a RMA number for returning your products.
Thank you for your cooperation. We look forward to serve you.
|ALL PRODUCTS IS NEW (OEM) UNLEAST OTHERWISE STATED|
Every effort has been made to ensure the accuracy of all information contained in our products. We make no warranty expressed or implied with respect to accuracy of the information, including price, product editorials or product specifications. Product and manufacturer names are used only for the purpose of identification.
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