Please read the following information carefully. Submitting
an order for products or services, you indicate your
acceptance of, and agreement to be bound by, the terms
and conditions set forth below. If you do not agree
to these terms and conditions, please do not submit
any orders for products or services.
These terms and conditions may be changed by eCOST
in the future. It is your responsibility as a user to
periodically return to this page to review the terms
and conditions for amendments. The amended terms shall
take effect automatically the day they are posted on
the site. Your continued use of the site following any
amendments will constitute agreement to such amendments.
These Terms of Service were last revised on September
22, 2008.
Payment Options: We accept Paypal Only. Credit
card orders shipped to a location other than your billing
address may require additional verification. Sales tax
is collected only on shipments to California, Texas
and Tennessee. All prices on the site are quoted in
U.S. currency and all orders must be transacted in the
same.
Prices & Availability: Because of the fast-moving
nature of our industry, prices and availability are
subject to change without notice. If a product is not
in stock when you place your order (for example, not
yet available or sold out), we will do our best to let
you know and to let you know when we anticipate the
product will be available. Anticipated delivery dates
are dependent upon vendor supplies and other factors
and are subject to change.
Please note that all purchases are final. Some products
may come with a manufacturer's Money Back Guarantee
(MBG). In these instances, please directly contact the
manufacturer. Some products are not returnable under
any circumstances - please see the important exceptions
outlined below.
Unauthorized or Refused Returns: eCOST will
not accept unauthorized returns or exchanges. Packages
without a Return Authorization Number will be refused
upon return to our warehouse. eCOST will impose a 20%
restocking fee plus any applicable shipping and handling
charges for refused shipments by the customer. Additional
charges may apply if the merchandise is not returned
in 100% complete condition in the original, unopened
packaging. To complete a return, you must call an eCOST
customer service representative to obtain an RA (Return
Authorization) number before returning your product
to eCOST. For faster service, please have the following
information ready when calling for an RA number: Customer
name, order number, item number and the reason for return.
Defective Returns: Defective returns will be
accepted for exchange or repair, at our discretion,
within 30 days from the shipment date. No refunds or
credit will be granted after 30 days, the terms of the
manufacturer's warranty apply. Please contact the manufacturer
directly. (Please see important exceptions listed below).
A product must be diagnosed "defective" by
a member of the Technical Support Staff at the manufacturer.
You can get a list of manufacturer phone numbers in
the Help Desk portion of our Web site. Once it has been
diagnosed, please ask for a case number and contact
our customer service department for a return authorization
number. Any return found to be non-defective, once our
warehouse has inspected it, is subject to a restocking
fee of 20% and all non-product-related fees (shipping
and handling fees) are not refundable.
Software: Defective software products may be
exchanged for the same titleonly. Non-defective software
that has been opened is not returnable under any circumstances
unless the manufacturer offers a Money Back Guarantee
(MBG). In this instance, please directly contact the
manufacturer of the software title. All software is
subject to license agreements or terms established by
the software publisher. Be sure to read and agree to
the license before using the software.
Special Return Policy for Reconditioned Products: Reconditioned defective returns will be accepted for
exchange or repair, at our discretion, within 14 days
from the shipment date. No refunds or credit will be
granted after 14 days, the terms of the manufacturer's
warranty apply. Please contact the manufacturer directly.
These products have been previously sold and returned,
reconditioned by an Authorized Service Dealer and repackaged
for selling purposes.
Money-back Guarantees: eCOST does not offer
a money-back guarantee on any product.
Typographic, Photographic & Technical Errors: Although we do our best to achieve 100% accuracy,
occasionally errors & inaccuracies do occur. Should
you encounter an error or inaccuracy, please inform
us so it can be corrected. Products & packaging
depicted may differ from stock available at time of
shipment. We reserve the right to substitute equivalent
items.
Warranty Disclaimer and Limitations on Liability: eCOST PASSES THROUGH TO ITS CUSTOMERS ALL MANUFACTURERS
WARRANTIES AND GUARANTEES THAT ARE PROVIDED FOR THE
PRODUCTS IT SELLS. eCOST MAKES NO ADDITIONAL OR INDEPENDENT
WARRANTIES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE
LAW, eCOST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
eCOST SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR SPECIAL,
INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS OR
OPPORTUNITIES) OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM
LIABILITY OF eCOST FOR ALL DAMAGES SHALL BE LIMITED
TO AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE OF THE
PRODUCT. LIKEWISE, ECOST.COM WILL NOT BE LIABLE FOR
ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ITS
CATALOG OR WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
ALL MERCHANDISE IS SOLD AS IS. PLEASE CHECK
MANUFACTURER PACKAGING AND MATERIALS FOR COMPATIBILITY.
eCOST MAKES NO WARRANTY AS TO THE PERFORMANCE OF ANY
MERCHANDISE SOLD. WE ARE NOT RESPONSIBLE FOR SYSTEM
DOWNTIME, LOST DATA, ETC. THIS DISCLAIMER BY eCOST IN
NO WAY AFFECTS THE TERMS OF ANY APPLICABLE MANUFACTURERS
WARRANTIES OR GUARANTEES. eCOST WILL PROVIDE COPIES
OF SUCH WARRANTIES AND GUARANTEES UPON REQUEST BY CALLING
1-877-221-9526. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION
OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME
OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL
RIGHTS AND REMEDIES THAT VARY FROM STATE TO STATE.
Disputes: Any claims against eCOST relating
in any way to your purchases from eCOST shall be submitted
to confidential arbitration in Los Angeles, California.
Arbitration under this agreement shall be conducted
under the rules then prevailing of the American Arbitration
Association. The arbitrators award shall be binding
and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable
law, no arbitration under this Agreement shall be joined
to an arbitration involving any other party subject
to this Agreement, whether through class arbitration
proceedings or otherwise. In any such arbitration, the
parties shall be responsible for their own costs, expenses
and attorneys fees. [This clause can be made more
specific concerning the method and manner of dispute
resolution.] In the event that this arbitration provision
is unenforceable, any litigation regarding this agreement
or any transaction between the customer and eCOST shall
be brought in the state or federal courts located in
Los Angeles County, California, and the customer hereby
agrees and submits to such jurisdiction and venue as
exclusive and proper.
Governing Law: Transactions between you and
eCOST, and any disputes arising between you and eCOST
related to any interaction between you and eCOST, including
but not limited to claims relating to the content of
its catalogs and Web site, shall be governed by and
construed in accordance with the laws of the State of
California without regard to the laws regarding conflicts
of law. If any provision of this agreement shall be
unlawful, void or for any reason unenforceable, then
that provision shall be deemed severable from this agreement
and shall not affect the validity and enforceability
of any remaining provisions.
Title - Risk of Loss: Title to items being purchased
passes from eCOST to purchaser at the time of shipping.
Customer takes on full liability for safety and validity
of delivery address given to us at the time of purchase.
eCOST will not incur any forwarding costs on shipments.
eCOST shall not be responsible for damages or delays
resulting from Acts of God, war, riot, seizure, terrorist
activities, embargo or other acts or events outside
of the reasonable control of eCOST.
Return Procedures: The RA Number. Please note
that ALL SALES ARE FINAL. Products manufactured by Acer,
Apple, AQUOS, Sharp, Samsung, Sony, Fujitsu, Hitachi,
Umax, IBM, Microsoft, NEC, Toshiba, Quark, and Compaq
are not returnable to eCOST for ANY reason. ALL CPU
SALES ARE FINAL. Any product returned will be credited
the lower of the purchase price or current price plus
and restock fees. No return will be accepted without
a return authorization (RA) number. To request a RA
number, please contact an eCOST Customer Service Specialist
Toll Free at (877) 221-9526. RA numbers are valid for
ten business days after issue. Your RA number(s) must
appear clearly on the shipping label of the return shipment.
Affix a label to the box: PLEASE DO NOT MARK THE BOX
ITSELF IN ANY WAY. In the case of any product(s) returned
for any reason, the returned item(s) must be 100% complete,
in original and re-salable condition, with all packaging,
manuals, registration card(s), accessories and software.
We reserve the right to refuse a return on any product
that does not meet these requirements. Shipping and
Handling Fees are not refundable, with the exception
of orders incorrectly shipped by eCOST.
Important manufacturer exceptions to returns policy:
Third Party Service Contracts: eCOST is a reseller
of various service contracts issued by and performed
by third party service providers. We are not the providers
of the services described in those contracts and the
third party service provider is the only party responsible
for performing, or arranging for performance, of those
services. You agree that the third party service provider
is solely responsible for fulfillment of the service
obligations and you agree that you will look only to
the third party service provider for any loss, claims
or damages arising from or relating to the purchase
and performance of those services. You also agree to
release eCOST from any and all claims arising from or
relating to the purchase and performance of the services
to be provided by the third party service providers.
In some states, those services may be subject to sales
tax. To the extent that such taxes are collected by
eCOST, they are collected solely on behalf of the issuer
of the service contract in eCOSTs capacity as
an independent sales agent for the service provider.
Additional Information: eCOST policies are subject
to change without notice. We do our best to ship all
orders as rapidly and accurately as possible. However,
eCOST is not liable for late or delayed shipments or
system failures. Title to items being purchased passes
from eCOST to purchaser at the time of shipping. If
you purchase items for export, you must obtain from
the Federal government certain export documentation.
Terms of eCOST's agreements with numerous vendors in
the catalog forbid us from exporting product. Some products
are not available for sale to schools. All trademarks
and registered trademarks are used to benefit of their
respective owners.
All trademarks and registered trademarks are used to
benefit, and without intent to infringe on, the mark
holder. The eCOST logo is a registered trademark of
eCOST.com, Inc.
Making Purchases: If you wish to license or make
purchases of products or services described on the Site,
you will be asked to supply certain information, including
but not limited to credit card or other payment information.
You agree that all information that you provide to eCOST.com
will be accurate, complete and current. You agree to
pay all charges incurred by authorized users of your
account and credit card or other payment mechanism at
the prices in effect when such charges are incurred.
You will also be responsible for paying any applicable
taxes, and shipping, handling, and processing charges
relating to your purchases.
Pricing and Typographical Errors: Due to the
fast pace of the computer and consumer products industries,
all prices are subject to change without notice. We
make every effort to provide you the most accurate,
up-to-the-minute information. Despite our best efforts,
a small number of the items on our web site may be mis-priced.
In the event a product is listed at an incorrect price
due to typographical, photographic, or technical error
or error in pricing information received from our suppliers,
eCOST shall have the right to refuse or cancel any orders
placed for product listed at the incorrect price.
- If an item's correct price is lower than our stated
price, we will charge the lower amount and ship you
the item.
- If an item's correct price is higher than our stated
price, we will cancel your order and notify you of
the price error and order cancellation. You will,
of course, have an opportunity to purchase the item
at the correct price, if you so wish.
While we make every attempt to verify prices before
charging your credit card, eCOST shall have the right
to refuse or cancel any orders placed on mis-priced
product 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 canceled, eCOST shall immediately issue a credit
to your credit card account in the amount of the incorrect
price.
We believe that day-in, day-out, our pricing is very
attractive relative to our competition. Combined with
our product assortment, product availability and service
level, we believe that we offer a compelling shopping
experience. With that in mind, we do not "match"
competitor's pricing, offer price protection, or provide
"quantity quotes."
Disclaimer and Limitation of Liability: THIS SITE,
INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN
IT OR ANY SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE
LICENSED OR PURCHASED THROUGH THE SITE, IS PROVIDED
ON AN "AS IS" BASIS WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF TITLE OR NONINFRINGEMENT
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES
WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN
CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES DESCRIBED
HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER,
MANUFACTURER OR SUPPLIER OF THAT PRODUCT AND/OR SERVICE,
AND NOT BY ECOST.COM. ECOST.COM DOES NOT WARRANT THAT
YOUR ACCESS TO THE SITE AND/OR RELATED SERVICES WILL
BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES
IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ECOST.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCT
PURCHASED IN TERMS OF ITS COMPATIBILITY, CORRECTNESS,
ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND
SITE-RELATED SERVICES.
YOU AGREE THAT, EXCEPT AS PROVIDED UNDER THE ECOST
RETURN POLICY, ECOST AND ITS DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, SPONSORS, CONSULTANTS OR OTHER REPRESENTATIVES
("SERVICE PROVIDERS") SHALL NOT BE RESPONSIBLE
OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING
WITHOUT LIMITATION LOSS OF PROFITS, LOSS OR CORRUPTION
OF DATA, LOSS OF GOODWILL. WORK STOPPAGE, COMPUTER FAILURE
OR MALFUNCTION, OR INTERRUPTION OF BUSINESS) UNDER ANY
CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY
ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED
SERVICES, OR ANY PRODUCTS OR SERVICES OFFERED, SOLD
OR DISPLAYED ON ECOST SITE.
IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE,
THE MAXIMUM LIABILITY OF ECOST AND ITS SERVICE PROVIDERS
TO YOU SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU
FOR THE PRODUCTS OR SERVICES YOU HAVE ORDERED THROUGH
THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE
ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU
TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE
TO THIS AGREEMENT.
A possibility exists that the Site could include inaccuracies
or errors. Additionally, a possibility exists that unauthorized
additions, deletions and alterations could be made by
third parties to the Site. Although eCOST attempts to
ensure the integrity of the Site, it makes no guarantees
whatsoever as to its completeness, correctness, or accuracy.
In the event that such an inaccuracy arises, please
inform eCOST so that it can be corrected.
Price and availability of products and services offered
on the Site are subject to change without prior notice.
To the extent we provide information on availability
of products or services, you should not rely on such
information. eCOST will not be liable for any lack of
availability of products and services you may order
through the Site.
Governing Law: Transactions between you and
eCOST shall be governed by and construed in accordance
with the laws of the State of California, without regard
to the laws regarding conflicts of law. Any litigation
regarding this agreement or any transaction between
customer and eCOST shall be brought in the state or
federal courts located in Los Angeles County, California
and the customer hereby agrees and submits to such jurisdiction
and venue as proper. |