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Terms of Purchase
Please read the Terms of Purchase carefully before completing your purchase.
Acceptance
The terms and conditions set out below, together with the general Terms and Conditions of Use for this web site (the “Site”), are the terms of purchase that apply to your online purchases of products from Batteries4laptop. (“Batteries4laptop ”) through this Site (the “Terms of Purchase”). Please read the Terms of Purchase carefully before purchasing a product from Batteries4laptop through this Site. By making a purchase, you are confirming that you have read the Terms of Purchase and that you agree to be bound by the Terms of Purchase. The Terms of Purchase are subject to change without notice; therefore you should always read the Terms of Purchase before making a purchase. In the event of any conflict or inconsistency between the Terms of Purchase and any terms, rules, policies or guidelines posted elsewhere (and, to the extent applicable, all other terms and conditions made available to you (in any manner or form) in connection with any products or services purchased online on this Site), the Terms of Purchase shall be the governing terms.
Purchase of Products
The products offered by Batteries4laptop are available for purchase by you, subject to availability. You agree to provide us with all information, including credit card information, required to complete the transaction of paying for your Products.
All orders will be processed subject to availability only. We are not liable for any items that have been discontinued by our vendors. In the eventuality that an item has been discontinued, the customer shall receive a complete reimbursement of the amount charged.
Any items that are sold under the “Specials” campaign will continue only until supplies last. The “Specials” campaign does not run indefinitely and any order placed after the supplies are exhausted cannot be processed against future availability of supplies.
Terms of Payment
Payments may only be made using a credit card. You authorize us to charge purchases and ongoing charges to the credit card that you provide when you purchase any products. The credit card holder/user must be the same person as the name printed on the card (owner of the card and account), and the credit card holder must be available to sign for the shipment upon delivery. All credit card fraud will be pursued and enforced to the fullest extent punishable by law.
Prices
All prices listed on the Site are quoted without shipping & handling charges. Prices and specifications are subject to change without notice; therefore you should always check prices before making a purchase.
Taxes
Unless otherwise stated herein, the prices listed on the Site do not include customs duties or sales, use, excise, or other similar taxes. You may be required to pay, in addition to the prices quoted, the amount of any present or future customs duties or sales, use, excise or other similar tax applicable to the merchandise covered by this Agreement.
Back Orders
If Batteries4laptop is unable to immediately fill your entire order, the balance of the shipment will be placed on back order. Products in stock will be sent immediately unless you otherwise specify. If you wish to cancel a back order, you must do so prior to shipping, as all pending back orders will be automatically shipped upon their availability.
Shipping
Once your order has been placed with us, you will be given a confirmation via e-mail. Once your order has been shipped, you will be provided with the carrier’s tracking number so that you may track your order during shipping. If there is a problem with your order, we will contact you via e-mail. All deliveries are subject to the policies and procedures of Batteries4laptop, which policies and procedures are subject to change without prior written notice. Any estimated delivery date provided is approximate only, and Batteries4laptop shall not be liable for or held in breach due to any delivery made before or after the estimated delivery date. Please note that Batteries4laptop will assume that you have received each e-mail, unless and until you notify Batteries4laptop to the contrary.
Inspection and Acceptance
If we ship in error the incorrect product, please contact Batteries4laptop at 1-408-263-5800 within 72 hours of receiving the incorrect product to arrange for pickup and re-shipment of the correct product, at no charge to you.
Damage Claims
All products are shipped using carrier-approved materials and methods. All products are also carefully packed to prevent damage during shipment. Nevertheless, damage may occasionally occur in transit. Any damage is the responsibility of the carrier, not Batteries4laptop. Therefore, you must make all damage claims to the carrier.
In case of damage, retain all cartons, packing materials and damaged products for the carrier to inspect. Never refuse shipment or return it without approval since your right to make a damage claim may be denied. If the damage is apparent upon receipt, you must accept the products and note the damage and irregularities (such as crushed, torn or broken packing) on the freight bill and have the driver sign it as verification. If damage is not readily apparent at the time of arrival (where the box is intact but the merchandise inside is damaged), then you must report such damage to the carrier within one (1) Business Day after receipt of shipment. After inspecting the damaged products, the carrier will determine what course of action to take. All disputes as to the settlement amount or manner must be addressed with the carrier. Batteries4laptop, under no circumstances, shall be liable for products damaged in shipment or for subsequent settlement of the claim with the carrier.
Freight Damages:
All shipments are FOB Destination. If you receive a package that has visible damage or has damaged contents after opening, contact Batteries4laptop by using our toll free number: 408-263-5800 or send us an email at online@batteries4laptop.com . A Batteries4laptop Specialist will provide return instructions for your damaged product. Upon return receipt, the equipment will be inspected and disposition of replacement items will be determined.
Discrepancies:
You have seven (7) days from receipt of product to notify us of any discrepancies.
Return of Faulty /defective Goods:
Goods that are faulty can be returned or exchanged with Batteries4laptop, within 14 days. Batteries4laptop will pay for the cost of returning the goods back to Batteries4laptop. All products, unless noted otherwise, are sold with the full warranty of the manufacturer. The warranty period and service varies from manufacturer to manufacturer. For more information regarding the manufacturers' warranty please email us with the part number at online@batteries4laptop.com .
Return of Non-Faulty Goods:
Goods that are not faulty can be returned within 14 days of receipt. To exchange products, the goods must be returned in their original unopened packaging. Goods that have been opened or goods sold on a "no return basis" items cannot be returned, unless faulty. Special order items and custom made items can not be returned or exchanged. The following provisions apply in respect of the return of non-faulty Products. No Fault Product “No Fault Product'” is a Product returned by the Customer where the return is not due to the fault of Batteries4laptop or any fault with the Product. No fault products returns over $100 in value will attract a 15% restocking fee. Return of Software Unopened or defective software can be returned for replacement. However non-defective opened software will not be accepted under any circumstances. "NO RETURN BASIS" The term "No Return Basis" means that a returned product will not be accepted by Batteries4laptop unless the product is faulty within the warranties imposed by statute and which cannot be excluded by agreement
DOAs:
Products found to be defective out-of-the-box or "dead on arrival" may be returned for replacement within fourteen (14) days of the invoice.
Return Procedures:
For all returns to Batteries4laptop, you must first obtain an RMA (Return Merchandize Authorization) Number prior to shipping the product to Batteries4laptop. To obtain an RMA Number, please contact the Batteries4laptop Center at 408-263-5800 or send an email at online@batteries4laptop.com . Once approved, an RMA Number will be issued to you within 24 business hours. Please have your original purchase order number, serial number, the defective product, and a detailed description of the problem when calling for an RMA Number.
Refund:
You will be notified via e-mail of your refund once we've received and processed the returned item. In most cases, we'll issue a refund in the same form of payment originally used for the purchase within 3 to 5 business days of our receiving your return. It is imperative to note that Batteries4laptop will only refund the actual cost of the product and not the related Shipping & Handling charges except in the case of a defective / faulty product.
Indemnification
You shall defend, indemnify and hold harmless each of Batteries4laptop, its affiliates, and each of their officers, directors, employees and agents from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleged to have resulted, or resulting from your use of your online purchases of products from Batteries4laptop, or for any breach of these Terms of Purchase.
Choice of law
These Terms of Purchase shall be governed by the laws of the State of California and the federal laws of the United States applicable therein, without reference to its conflict of laws principles.
Arbitration
Any and all claims, disputes or controversies (whether in contract or tort, pursuant to statute or regulation, or otherwise and whether pre-existing, present or future) arising out of a product purchased through this Site or from these Terms of Purchase, or oral or written statements, advertisements or promotions relating to these Terms of Purchase or to such a product; or the relationships which result from these Terms of Purchase (including relationships with third parties who are not signatories to this agreement) (each, a "Claim"), will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in San Jose, California in English and governed by California law as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained (if reasonably practical, who has experience in the battery field in the United States) and is independent of either party. If you have a Claim you should give notice to arbitrate to us at the address found under the Batteries4laptop contact information at the end of these Terms of Purchase. If we have a Claim we will give you notice to arbitrate at your address. You hereby waive any right you may have to commence or participate in any class action against Batteries4laptop related to any Claim and, where applicable, you hereby agree to opt out of any class proceeding against us otherwise commenced.
Notwithstanding the foregoing, in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information, each party may pursue remedies, including injunctive or other equitable relief, through the courts, in which circumstance the parties hereby agree to submit to the jurisdiction of the courts of Ontario and to waive any objections based upon venue in any such action, suit or proceeding.
General
The Terms of Purchase constitute part of the agreement between Batteries4laptop and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between Batteries4laptop or its affiliates and you with respect to this subject matter. If for any reason a court of competent jurisdiction finds any provision of the Terms of Purchase or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms of Purchase, and the remainder of the Terms of Purchase shall continue in full force and effect. No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and Batteries4laptop. Batteries4laptop failure to insist upon or enforce strict performance of any provision of the Terms of Purchase or any right shall not be construed as a waiver of any such provision or right. No changes to the Terms of Purchase shall be made except by a revised posting on this page. Any and all references in the Terms of Purchase to Batteries4laptop and its affiliates shall, where the context so permits, include Batteries4laptop’s parent companies, sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors and agents. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third party content or third party software on or through a link provided on the Site. Batteries4laptop may assign its rights and duties under these Terms of Purchase to any party at any time without notice to you. You may not assign your rights and duties under these Terms of Purchase to any party at any time. The terms and conditions herein shall survive the completion of performance, cancellation or termination of these Terms of Purchase.
Questions on Terms of Purchase
Should you have any questions regarding the Terms of Purchase, please give us a call at
408-263-5800
or use the Contact Us page. We welcome your questions and suggestions regarding the Terms of Purchase.
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