goHardDrive.com - Terms and Conditions Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable laws. If you do not agree to these terms and conditions, please do not use this site.
PLEASE READ CAREFULLY as this applies to all purchases made online or offline from goHardDrive.com! By accepting charge(s) of any product(s) made from goHardDrive.com, customers (buyers) agree to be bound by the terms and conditions listed below. Any attempt to alter, supplement, modify or amend these terms and conditions by the customer will be considered as material alteration of this agreement and, therefore, are void with/without customer's acknowledgement. In addition, these terms and conditions are subject to change at any time, with or without prior written notice to the customer(s). Therefore, please check these terms and conditions carefully each time before you place an order from goHardDrive.com PRICE: Prices are subject to change without notice. We are not responsible for typographical errors. Prices, photos & features are subject to change without notice. Pictures are for illustration purposes only. We accept Visa, Mastercard and American Express. You can also pre-pay by Money Order. Please allow 7 to 15 days for check to clear. Overseas customers: We do not accept foreign credit cards. Payment is via wire transfer only. Please contact us at 1.626.593.9927 for bank information. ON HOLD STATUS: Order with "On hold status" is defined as orders that cannot be processed due to an error. We might hold your order for the following reasons: In order to prevent any delay of shipments, please make sure you have correctly input your billing information. If it is needed, in addition, please notify your bank regarding your shipping address. If needed, please feel free to call us at 1.626.593.9927 to verify your information so that your order will be guaranteed ship out within next 24 hours. We reserve the right to cancel any orders that we are unable to be verify or process.
LOST OR DAMAGED PACKAGE: goHardDrive.com limited liability: goHardDrive.com is not responsible for any lost of shipment due to shipping carriers mistakes or act of God. goHardDrive.com will issue a second shipment after 15 days of initial shipment only if UPS or USPS claim package lost. goHardDrive.com is not liable for any incidental or consequential damage resulting from such lost or damaged package. goHardDrive.com's liability is limited to assisting the customer locate the package and providing a second shipment upon verfication of such lost or damaged package by UPS or USPS. goHardDrive.com is not respondible for any lost or damaged shipment sent through other Carriers without insurance. SHIPPING: Our cut off time is 8:00am. Therefore, orders received before 8:00am PST Mon-Fri, are shipped out that day via UPS , subject to credit verification & product availability. We only ship within the continental United States. We ship to Alaska, Hawaii, Puerto Rico & US Virgin Islands via overnight or second day service only. Orders to APO/FPO or PO Box address will ship by USPS and we are not responsible for the delivery time and/or loss of shipment. No tracking number will be provided by USPS shipment. goHardDrive.com is a USA based site, all shipping charges listed are for US only. CA customers please note: CA sales tax applied is based on 8.75% rate we will adjust your local rate accordingly at fulfillment time. We only ship to credit card billing address. If you require shipment to a different address, please call your issuing bank (the 800# listed on back of your card) to authorize alternate ship to address. Shipping cost is determined on total value of your order. Additional shipping charges may apply to heavier boxes (for example: computers, printers & monitors) or orders with multiple boxes. We will contact you with the exact cost before shipping. UPS DOES NOT SHIP ON HOLIDAYS AND WEEKENDS. WE ARE NOT OPEN DURING WEEKENDS.
We simply cannot guarantee anything if UPS cannot even guarantee them. In addition, we are not responsible for the mistakes made by UPS. We will help our customers resolve any dispute that may arise with UPS regarding lost or damaged shipment.
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CANCELLATION OF ORDERS:
If you need, for any reasons, to cancel your order, YOU WILL HAVE TO CALL US AND STOP THE ORDER OVER THE PHONE BEFORE 12:00 NOON PST AT THE SAME DAY YOU PLACED YOUR ORDER. Once you placed the order, if the packages have already been shipped out, it will not and cannot be cancelled and additional charges will be issued. PRICE CHANGES: goHardDrive.com reserves the right to change any price at anytime. All pricing errors are subject to correction. We reserve the right to refuse any order. TYPOGRAPHICAL ERRORS: goHardDrive.com is not responsible for typographical errors. All typographical errors are subject to correction. We reserve the right to refuse any order. RETURN (RMA) POLICY: Defective merchandise may be returned directly to goHardDrive.com only within 15 days of receipt. At our descretion, we will either repair the defective merchandise or replace it with another of equal or better value. Returns are accepted under the following conditions only: 1) First, try contacting the manufacturer tech support before return the product back to us.
2) Please kindly go to our website at http://rma.goharddrive.com to obtain a Return Merchant Authorization number (we will not accept returns without an RMA number). Items must be returned in original packaging, including all accessories, in original condition with blank warranty card. Unit must be properly package and DOUBLE boxed. Do not put shipping labels on original manufacturer's box. Shipment to goHardDrive.com is at customer's expense. Returns are subject to 15% restocking fee.
3) All unauthorized RMA returns shall be returned and charged to sender with all applicable fees. We'll need the following information to authorize your return: NO DEFECT FOUND CHARGES: If goHardDrive.com determines that any returned product is not defective and does not require warranty repair. We reserve the right to charge for all shipping, $10 of handling charge, and $45/hr of Technician processing fees. REFUND POLICY: You will receive refund for the hardware price, minus shipping, handling and 15% restocking fees. Customer is responsible for shipping and handling fees for returning the products. LIMITATIONS OF LIABILITY: No liability is assumed by goHardDrive.com for damage and/or injury resulting from the use of equipment supplied by this company. In no event will goHardDrive.com be liable for indirect or consequential damages whatsoever resulting from loss of use, profits or data arising out of or in connection with the use or performance of products purchase through goHardDrive.com Copyright The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of goHardDrive.com. The collective work includes works that are licensed to goHardDrive.com. Copyright 2008-2017, goHardDrive.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with goHardDrive.com or purchasing goHardDrive.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with goHardDrive.com or to purchase goHardDrive.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by goHardDrive.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site. Trademarks All trademarks, service marks and trade names of goHardDrive.com used in the site are trademarks or registered trademarks of goHardDrive.com Warranty Disclaimer This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, goHardDrive.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. goHardDrive.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. goHardDrive.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. Limitation of Liability goHardDrive.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if goHardDrive.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Typographical Errors In the event that a goHardDrive.com product is mistakenly listed at an incorrect price, goHardDrive.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. goHardDrive.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, goHardDrive.com shall issue a credit to your credit card account in the amount of the incorrect price. Term; Termination These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by goHardDrive.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. Notice goHardDrive.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to goHardDrive.com. Miscellaneous Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of goHardDrive.com products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of goHardDrive.com products) must be commenced within one (1) year after the claim or cause of action arises. goHardDrive.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. goHardDrive.com may assign its rights and duties under this Agreement to any party at any time without notice to you. Use of Site Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a goHardDrive.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. Participation Disclaimer goHardDrive.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, goHardDrive.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, goHardDrive.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to goHardDrive.com in its sole discretion. Indemnification You agree to indemnify, defend, and hold harmless goHardDrive.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. Third-Party Links In an attempt to provide increased value to our visitors, goHardDrive.com may link to sites operated by third parties. However, even if the third party is affiliated with goHardDrive.com, goHardDrive.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of goHardDrive.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, goHardDrive.com seeks to protect the integrity of its web site and the links placed upon it and therefore welcomes any feedback on not only its own site, but for sites it links to as well (for example: if a specific link does not work). |