Terms & Conditions
PREFACEBy placing orders for goods on this website will mean that you agree to be bound by the most current version of the Sales Terms. These Sales Terms apply to all contracts between you and us. These Sale Terms may be changed at any time by us. If we make any changes to these we will include a notice on the Home Page and you should then check the changes. You accept that you will have no claim for breach of contract or otherwise in respect of any such alteration.
If you have any comments about the service you have received from us, please contact us.
These Sales Terms were last updated on 19th of May 2009.
INTERPRETATION"we", "us", "our", means GamerModz, LLC, 4951 E. Adamo Dr. Suite 238 Tampa, FL 33605
"you", "your" means the person ordering products under these Sales Terms.
"working days" means all days other than Saturdays, Sundays, and Public Holidays.
"Goods" means the good or goods you have ordered from us and includes services provied.
1. REGISTRATION1.1 In order to purchase goods from this website, you need to register your details with us. On registration, you must provide us with accurate, complete registration information and it is your responsibility to inform us of any changes to that information (including in particular your email address) by updating your details in the My Account section. If you have placed an order and you need to correct your shipping address you must contact us via email or phone within 24 hours of purchase.
1.2 You are responsible for all use of your ID and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information you must notify us immediately by contacting us.
2. FORMATION OF CONTRACT
2.1 All orders for Goods and/or Services are offers by you to purchase and accepted only when you receive a confirmation email from us to this effect. This will form a contract, which incorporates these terms and conditions, between you and us (Contract).
2.2 Where the use of the Goods is stated to be subject to any instructions or warnings, they are supplied on the condition that such instructions or warnings will be strictly adhered to.
3. PRICES3.1 All prices for the Goods are inclusive of taxes but exclusive of delivery charges.
3.2 All Goods are subject to availability. Where stock has run out or Goods cannot for some reason be dispatched, your order will be shipped as soon as the stock has been filled. Credit cards will NOT be charged until good or services are prepared to ship.
4. PAYMENT4.1 Payment authorisation must be provided by you on the date that you place an order for Goods. Payment must be made by credit or credit/debit card. We accept payment by Visa, MasterCard, Discover and American Express. Payment will be debited from your account before despatch of the Goods to you.
4.2 On some occasions, we are required by the card issuer to perform additional security checks on the payment card, which can delay the order until the card has been authorized.
4.3 You confirm that the credit/debit card that is being used is yours.
4.4 All product prices and delivery charges are shown in US Dollars. Your payment card company will perform any currency conversion, if necessary.
6. DELIVERY IN UNITED STATES6.1 We can deliver to any address in the United States via UPS except PO's, FPO's or APO's. In this case the item(s) will be shipped via USPS and may take an extra 2- 4 days for shipment and/or delivery.
6.2 There may be a charge for delivery as stated when ordering.
6.3 All delivery times are estimates only and, while we will endeavour to avoid delay, we will not be liable to you for any loss or damage arising from delay in delivery.
6.4 Delivery charges will be those set out at the time you placed your order.
6.5 If we are unable to perform the whole or part of the Contract due to any cause or event beyond our reasonable control we may, at our option, by notice in writing to you, cancel or suspend the Contract in whole or in part without liability and without prejudice to our rights to receive payment of the price for all Goods previously delivered.
6.6 If you receive the wrong goods or Goods are damaged in transit, you must contact us within 7 business days and confirm to us what has happened.
7. INTERNATIONAL ORDERS7.1 There may be a territorial restriction on our ability to deliver and we will inform you accordingly.
7.2 The provisions of clauses 6.2 to 6.6 above apply also to overseas sales.
7.3 When ordering Goods or Service for delivery overseas you may be subject to import duties and taxes, which are levied once the Goods reach the specified destination. Any additional charges for customs clearance must be borne by you.
7.4 We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.
7.5 When ordering from us, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the Goods. You are responsible for notifying your local customs office of your purchase. Please be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
8. CANCELLATION8.1 You may cancel your order before delivery or within seven business days of the date of delivery by returning the product to us and contacting us
8.2 If you cancel your order after delivery, you must return the unwanted Goods to us unused and in their original packaging at your risk and at your cost within 7 business days of cancellation.
8.3 Provided you return the unwanted Goods unused and in the original packaging within 7 days of cancellation, we will credit your payment card with the cost of the unwanted Goods and our delivery charges within 15 days of the date of your cancellation. Refunds will be credited to your payment card and will not be paid in cash.
8.4 Returned Goods will be delivered to us at your cost, unless the Goods are defective or damaged. We will be entitled to deduct the cost of recovering the Goods if you fail to return them following cancellation.
8.5 Refunds will not be given where Goods are returned in an unsaleable condition, because of broken seals, opened or defaced packages/products.
9. RISK9.1 The Goods are at your risk from the time of delivery.
9.2 Ownership of the Goods does not pass to you until we have received in full (cash or cleared funds) all sums due in respect of:
9.2.1 the Goods; and
9.2.2 all other sums which are or become due to the us from you on any account.
10. LIMITATIONS OF LIABILITY10.1 Nothing in these Sales Terms excludes or limits our liability for death or personal injury caused by our negligence or any other liability which cannot be excluded on a point of law.
10.2 Subject to 9.1 above, we will not be liable to you for any loss or damage in circumstances where or to the extent that:
10.2.1 neither we nor our employees or agents are in breach of a legal duty owed to you;
10.2.2 such loss or damage is not a reasonably foreseeable result of any such breach; or
10.2.3 any increase in loss or damage results from a breach by you of any term of this contract.
10.3 Except as expressly provided in these Sales Terms and save for fraudulent misrepresentation, all conditions, representations and warranties (express or implied, statutory or otherwise) are excluded to the extent permitted by law including without limitation any implied warranties or conditions as to quality, fitness for purpose and reasonable skill and care.
10.4 Under no circumstances, including negligence, shall we or any affiliated company or individual be held liable for any direct, indirect, incidental, special or consequential damage (including, without limitation whether for loss of profit, loss of business, lost data, viruses that may infect your computer, depletion of goodwill or otherwise), costs, expenses or other claims for economic loss (howsoever caused) which arise out of or in connection with the Contract or your use of this website generally.
10.5 We further do not warrant that the website or the products and materials contained on such site are error free, or that errors will be corrected, or that this site or the server from which it is run is free of viruses or other potentially harmful codes.
10.6 Our employees and agents are not authorized to make any representations or give any warranty concerning the Goods unless these are confirmed in writing by us. In entering into the Contract you acknowledge that you do not rely on and waive any claim for any breach of any representation or warranty which is not so confirmed
11. GENERAL11.1 Our failure to insist upon the strict performance of any of your obligations under the Sales Terms will not be construed as a waiver and will not affect our rights to require strict performance of such obligations.
11.2 If any provision of the Sales Terms or part thereof is found to be invalid or unenforceable, the invalidity or unenforceability of such provision or part will not affect any other provision or the remainder of the provision in which such invalid or unenforceable part is contained, which will remain in full force and effect.
11.3 All notices will be in writing and may be served by either party or the other by hand or by first class pre paid post. The address for service, in the case of a notice from you to us, is specified at the bottom of this page and, in the case of a notice from us to you, will be the address stated on your order.
11.4 Nothing in these Sales Terms which form the agreement between you and us will give nor is intended to give rights to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
11.5 This website may provide links to the web sites and services of third parties. Such links are provided for your convenience only, and their provision does not constitute or imply control of or an endorsement of the content of such third party web sites by us. You acknowledge that the use of such third party web sites is governed by the terms and conditions of use as applicable to such websites.
11.6 These terms and conditions will be governed by and construed in accordance with U.S. law and the parties will submit to exclusive jurisdiction of the U.S. courts.
11.7 Neither we nor our affiliates make any representation that materials on this website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws.