TERMS OF SALE& SUBSCRIPTION
Hardware Sale AuthorizationBy providing your credit card, debit card, Stripe/PayPal account,bank account information or any other billing information through our check-out process and submitting payment, You hereby authorize us to deduct the total purchase price stated on our Website at the time of purchase for all products You pur-chase, and all other stated shipping costs, taxes or other charges applicable to the sale from such me-thod of payment. You agree that we shall be authorized to charge all such total posted amounts imme-diately after You have authorized payment.
Hardware Pricing PolicyWe are not responsible for pricing, typographical, or other errors in any price stated on this We reserve the right to cancel any orders arising from such errors. We also reserve the right to cancel any sale made to You if we determine that there were inaccuracies in any product description or informa-tion contained on this Website regarding such product. All pricing is in United States currency (USD) un-less otherwise stated.All listed prices do not include shipping and handling charges unless otherwise indicated. You agree to pay all charges that may be incurred by you or on your behalf through this Website, at the actual price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. If a product’s actual price is lower than the price stated on this Website, we will charge the lower amount and ship the product to You. If any product’s correct price is higher than the price stated on this Website, we will notify You via email and we will cancel your order.
Third-Party FinancingWe offer financing for our products through third-party financing providers. If You choose to finance your purchase, it will be subject to their terms and conditions as set forth on their website and all information You provide in connection with any purchase and financing arrangement is provided directly to these third-party providers, and You will enter into such financing terms directly with them. We shall have no liability to You whatsoever in connection with the financing of any of our products by You through such financing providers.We shall have no liability to You of any kind whatsoever in connection with your use of any of our third-party financing partners and You solely assume the risk of entering into any financing arrangement with such parties. We have no control over these arrangements nor do we set any of the financing terms or promotions they may make available to You.
ProductAvailabilityAll sales are subject to product availability and we may revise and discontinue any product at any time without notice to You (which may affect any information saved in any saved searches or your shopping cart). We also reserve the right, with or without prior notice to You, to i) limit the available quantity of or discontinue any product; ii) bar any Website user from making any or all transaction(s); iii) refuse to pro-vide any Website user with any product we sell; and iv) limit quantities on orders placed by the same user (or account), the same credit card, or orders that use the same billing and/or shipping address. If any product You have ordered is unavailable, your order will be placed on backorder and we will send an e-mail to You containing the estimated arrival time. After receipt of our email, You can then elect to wait for the product, or You may cancel your order by responding to the email and requesting that the order is cancelled.
Accuracy of MaterialsWe make every effort to describe and display our products accurately on this Website. However, our products may be mispriced, described inaccurately or unavailable, and we may experience lags in up-loading updates on our Website. Accordingly, we do not guarantee the accuracy or completeness of the information provided on this Website relating to product prices, exact product colors, shapes or sizes as depicted on this Website or regarding product availability. We reserve the right to change or update in-formation and to correct errors, inaccuracies or omissions in connection with the product at any time without prior notice.
Title to Products & Risk of LossTitle to any products You purchase from us and risk of loss or damage to such products during the ship-ping process shall pass to You upon delivery by us to the carrier for shipment of the product(s) You pur-chase.
Account RegistrationWe require that You register and create an account when you purchase any product from us. You represent to us that any information You provide during registration is accurate and current. You will be required to maintain and update your registration information as required to keep your information com-plete and accurate at all times You use this Website and purchase products from us. We may, in our dis-cretion, terminate or suspend your account, without notice, at any time if you have provided untrue, inac-curate or incomplete registration information. You will berequired to create a user ID and password in order to log-in to your user areato manage and useany subscription services You may elect to purchase pursuant to any of our Protection Plan packages, or to view your past purchases and history. It is your responsibility at all times to maintain the security and confidentiality of your account information, including your user ID and password information. We are not responsible and shall have no liability to You for any misuse or unauthorized access or use of your account. You agree that we may act in reliance, without investigation, upon any of your log-In information.
OUR SHIPPING POLICYWe will generally ship any products you purchase within 1-3 business days from the date ordered. All costs of shipping, handling, and any sales or value-added tax required to be collected by us will be additional costs to You unless otherwise expressly indicated at the time of sale. All shipping times listed on this Website are only estimates of the expected number of business days it will take for in-stock mer-chandise to be shipped from our facilities and delivered to You. (“Business days” means Monday-Friday, excluding holidays). In some cases, merchandise may actually ship earlier than expected. An initial confirmation email may be sent by us to You after successfully placing an order through our Website. However, any confirmation you receive from us regarding receipt of any order by You does NOT mean your order request has been received or that your order has been accepted or shipped as this is an automated email confirmation. Once your order request has been successfully received and your product has been shipped, You will receive an email confirmation of the shipment.
Taxes & Other ChargesUnless otherwise indicated and, You are responsible to pay any applicable sales (use) taxes or any other similar tax required to be paid by the state in which You reside or any custom duties or VAT taxes re-quired to be paid by You due to your purchase of the product from this Website. If we are required to collect any taxes at the point of sale, then all applicable taxes will be added to the purchase price and You agree to pay the same unless You provide us with a valid and correct tax exemption certificate applicable to your purchase of any products from us.
OUR REFUND & RETURN POLICYYou may return any product purchased from us for any reason or for no reason. All returns must be shipped (postmarked) to us no later than thirty (30) business days from the date of purchase. Failure to follow the return instructions included with the product or posted on this Website shall render any obli-gation by us to refund your purchase price null and void. We will refund the purchase price of the returned product in full, but excluding any shipping and handling charges You have paid, which arenon-refundable by us(to the extent free shipping on any such product(s) has not been offered by us). You will also be solely responsible to pay for all return shipping costs incurred by You for sending any product(s) back to us and You will also be solely responsible for the shipping costs necessary to send any returned product(s) back to You. (If applicable, in instances where we have created an account with the shipping service and have elected to be charged directly for return shipping costs, then such costs will be directly deducted from any refund You receive.)
Cancellation PolicyYou may cancel any existing purchase by sending us an email before that date that is three (3) business days from the date of your purchase.No cancellations will be honored by us if made after such date. All requests to cancel any existing purchases must be made by sending an email to ,which must contain your request to cancel your purchase and should include the purchase/order number or date of sale if no purchase/order number was provided.
Changes To Existing PurchasesModifications to any existing purchases will be permitted at any time prior to the shipment of the original product(s) the subject of the purchase. Any additions to any purchases shall be subject to product availability and may not be able to be shipped within the same time-frame as your original purchase in some cases. All requests to make changes to an existing purchase must be made by sending an email to .
Hardware Product Use RestrictionsYou may only use any products that You purchase from us on this Website for your own internal personal use and not for resale or sub-licensing. Any resale or licensing or other distribution by You of any product(s) You purchase from us is strictly prohibited. You are solely responsible for compliance with any laws applicable to your purchase and use of any products made available through this Website. You agree to comply with all applicable laws and regulations of the United States and the various states. We make no representations or warranties to You that use of any product You purchase will be legal in your jurisdiction. Access and use of this Website from any jurisdictions where the products or services being provided are illegal is strictly prohibited and we shall have no liability to You whatsoever in such case.
Protection Plan Subscription Service TermsYou may elect to purchase and subscribe to one of our existing bundled Protection Plan services (“Ser-vices”) packages set forth on our Website. These recurring plans consist of real-time data backup, mal-ware and anti-virus protection services hosted by METAPCS. Each package plan period is equal to 365 days, beginning from the date you first subscribe. Upon your subscription and for the first year thereafter, You will receive the Services for free without being charged. Beginning on the date which is one (1) year from your initial sign-up date, your subscription will automatically renew for successive one (1) year periods and You agree to pay and your credit card on file shall be charged on this date for the full amount of the annual subscription package fee in advance, covering the full year of Services thereafter for the bundled Protection Plan package You have chosen. We require that You register and create an account in order to utilize the Services.Once You provide the requested information during the subscription sign-up process, your Protection Plan account will be automatically created and added to your existing user account created upon your initial purchase. We may, in our sole discretion, terminate, suspend, or modify your access to all or part of the Services, without notice to You and at any time, if You have provided untrue, inaccurate or incomplete registration information, if You are in breach of these terms in any other way or for any other reason or for no reason as determined by us. If we elect to terminate your subscription to the Services not due to any breach of these terms by You, we shall refund to You the prorated portion of the annual subscription fee You have paid in advance within a reasonable time-frame thereafter using the same payment method on file that You have originally used to pay for the Services.
Protection Plan Subscription FeeYouagree to pay the annual package fee in full and in advance, as established from time to time on this website, beginning on the first day after the first calendar year of your subscription period in exchange for yourcontinuous access and use of the services (“service fees”). You hereby authorize us to charge your credit card or other payment method you provide automatically immediatelyafter the expiration of the initial one-year subscription term and upon the expiration of each subsequent one-year subscription renewal term, unless otherwise stated in this agreement. We shall have the right to increase the amount of the service fees at any time beginning after the expiration of the initial term by sending an email with notice to you before such change becomes effective. Any increase shall be effective beginning in the next subsequent renewal term and shall not apply to the remainder of the then-current term in which you may receive any such increase notice by us.Failure by you to elect to terminate your subscription before 11:59 p.M. Pst on the last day of the then-current free one-year initial term or of any subsequent renewal term by notifying us via emailshall be deemed to be an irrevocable waiver by you of your right to terminate this agreement after the commencement of any subsequent renewal term.There will be no refunds or credits for partial months of use of the services upon termination of your access for any reason.Your ability to access and use the services may require the payment of third party fees and charges (including but not limited to internet service provider fees, or fees or taxes imposed on internet services). You are responsible for paying all such fees, charges and taxes. We are not responsible for any equipment you may need to be able to access or use the website or otherwise use the services.
Our Intellectual PropertyAll logos or any other trademarks, trade names or service marks and/or any other marks or logos posted on this Website, whether marked or unmarked, is either owned by us, an affiliate or subsidiary, or by some third party. This includes any product names appearing on this Website whether marked or un-marked by us. No trademarks, trade names, service marks, etc., posted on this Website may be used without the prior written consent of the owner. We retain all rights, ownership, title, and interest in all trademarks, trade names or service marks contained on the Website owned by us, whether or not we have registered for or have been granted any such protections under State and/or Federal law.
Software License ProvisionsAll software provided is subject to the license agreement that is part of any hardware You purchase from us. You agree to be bound by the license agreement once the package is opened or its seal is broken. Title to software remains with the licensor of the software. We do not provide any warranty of any kind or nature regarding any preinstalledthird-party software. Any applicable warranties of use come from the third-party provider of such software and stated in any packaging included in any corresponding hardware product we sell. We shall have no liability to You whatsoever of any kind or nature in connection with your purchase and use of any third-party software preinstalled on any hardware product You purchase from us.
METAPCS EXPRESS PRODUCT LIMITED WARRANTYSubject to the terms and conditions of this section, for the applicable warranty period (as hereinafter defined), we will repair or replace any personal computer or laptop case and all separate, fully embedded internal hardware components contained therein manufactured by us only, and not including any products manufactured by any third-party that we may sell, that you purchase through this website, which we may determine in our sole discretion is/are defective in manufacture and/or workmanship under normal use. Any external, non-embedded hardware component such as a keyboard or a mouse is not a product covered under this limited warranty. The “warranty period” starts on the date of purchase and ends one (1) year from the date of delivery to you.Noproduct or separate internal part will be considered to be defective for purposes of this warranty if it substantially fulfills the performance specifications for which it was intended. This warranty shall not apply to any of the products or parts thereof repaired or altered by anyone but us, installed contrary to instructions or contrary to this agreement, or subjected to abuse, misuse, accident or improper environment. This warranty applies only for the benefit of you, the original purchaser of anyproducts, and is not transferable by you. For this warranty to apply, you must (I) give us written notice of any warranted defect within 10 days after discovery and, in any event, not later than the date on which this warranty expires, and (ii) deliver the product or separate defective part into our possession within 15 calendar days following the date on which the warranty claim notice is given to us. Any product which is the subject of a warranty claim must be shipped to us freight prepaid. Prior to repair or replacement, we shall have the right to examine the product claimed to be defective. If we determine that this warranty is inapplicable, we will notify you, and any labor and parts furnished at your request thereafter (which you must direct in writing) shall be paid for by solely by you at our then current rates and prices. We neither assumenor authorize anyone to assume for us any obligation or liability in connection with any product which is not expressly provided for under this agreement. Our liability under this warranty shall be limited to repairing or replacing warranted products, and you shall be responsible for the expense of the transportation costs for return to you or, if the product in question cannot be repaired or replaced by us, we will then refund the purchase price you paid for the defective or nonconforming warranted product(s) in question; provided, that you shall first return to us, and we shall have the right to thereafter retain as our own property, those products for which a refund of the purchase price is to be made. We further warrant to the original purchaser that any applied paint and artwork on any product surface will be free from peeling, bubbling and significant discoloration for the applicable warranty period, which is measured from the date of delivery. The following sections detail the terms of the parts and free shipping warranty. This warranty applies to any of our products shipped to any location outside of the continental united states, provided that you are responsible for paying all freight charges incurred in shipping, importing/exporting, receiving replacement parts and for arranging and paying for the shipment of any defective part(s) back to us. All international customers are responsible for all customs duties, vat and other associated taxes and charges. Notwithstanding anything to the contrary contained in this warranty,we do not warrant that the operation of any software that is preinstalled on any operating system included with any hardware you purchase will be uninter-rupted or error-free, and we otherwise do not provide any warranties of any kind or nature in connection with any such software. The warranty set out in this section is the only warranty applicable to your use of the products. All other warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a par-ticular purpose, are disclaimed. Notwithstanding anything to the contrary contained in this warranty,we do not warrant that the operation of any software that is preinstalled on any operating system included with any hardware you purchase will be uninter-rupted or error-free, and we otherwise do not provide any warranties of any kind or nature in connection with any such software. The warranty set out in this section is the only warranty applicable to your use of the products. All other warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a par-ticular purpose, are disclaimed.
Our warranty also does not cover:
- All non-METAPCS branded products such as: monitors, speakers, mice, keyboards, etc., which are provided as-is under the original manufacturer’s warranty.
- Damage caused by actions that are beyond METAPCS control, such as: lack of maintenance, impacts, liquids, fire, rain, lightning or other disasters such as: nuclear war, zombie apocalypse, epidemic, alien occupation, or armed insurrection.
- Product that has been damaged through misuse, abuse or mishandling.
- Unauthorized modification of the system as a whole or individual component and/or the attachment of peripheral devices.
- Any product that contains parts not originally purchased from us.
- Any defective products where such defect is caused by any altering by You of the original build of the hardware You have purchased.
IMPORTANT DATA NOTICE:You must back up the data on all data drive(s) and any other storage device(s) in connection with the product(s) returned to us before you ship the product to us, or before you replace a part on your own.You should remove any confidential or personal information and removable media such as CDs or DVDs. We are not responsible for any of your confidential or personal information; lost or corrupted data; or damaged or lost removable media. For any service or warranty questions, please contact your technical support team at .
OUR PIXEL POLICYMany notebooks and PCs we sell come with a 45-day or 90-day “No Dead Pixel Guarantee” as part of the manufacturer’soriginal warranty. These notebooks can be returned to the original manufacturer for repair or replacement with no parts or labor costs to You if they contain any pixel defects. Please refer to your original manufacturer’s warranty if applicable.Please note we do not handle any pixel warranty claims processing requests on behalf of such third-party manufacturer for products we sell on this Website and You must make and process any such claim through the manufacturer directly.
NOOTHER EXPRESS OR IMPLIED WARRANTIESExcept for the warranties expressly stated above, we make no other warran-ties of any kind regarding your use or the performance any of the product(s) you purchase, whether express or implied or statutory including, but not li-mited to, any implied warranties of merchantability, fitness for a particular purpose, arising from a course of dealing, usage or trade practice. Without limiting the generality of the foregoing, we hereby expressly disclaim all lia-bility for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. We make no warranties to those defined as “Consumers” in the magnuson-moss warranty-federal trade commission improvements act. Any warranty provided by any manufacturer, distributor or supplier of any of our products not made by us will be included with the product. Most of the hardware we sell manufactured by third parties and not by 3plantation.comes with a one(1) year warranty from the manufacturer. We shall complete the rma process via the manufacturer on your behalf should any future warranty claims arise. Notwithstanding, we shall have no liability to you of any kind or nature for your use of any hardware or other product you purchase from this website that are manufactured by third parties.
LIMITATION OF LIABILITYYou agree that we or any of our managers, members, employees, affiliates, agents, attorneys or our successors and/or assigns, as applicable, shall not be liable to you for any special, consequential, incidental or any other indirect damages arising out of or relating to this agreement or your use of any productyou purchase from us including, but not limited to, any lost profits or revenues, lost data or lost goodwill or any other damages.We shall not be liable to you as stated herein regardless of the cause of any such indirect damages or the nature of any claim, whether for breach of contract, by sta-tute, for any tortious conduct (including, without limitation, negligence and strict liability) or by any other legal theory, whether or not we have been advised of the same. Our liability to you for any direct damages in all other cases shall be limited to only products manufactured by us and shall be further limited to the total purchase price of the product(s) in question paid by you. Accordingly, you agree to waive your rights under any laws that otherwise might limit your waiver of such claims including, california civil code §1542 if you are a california resident, or any other applicable state laws.
Exceptions to Disclaimers & LimitationsSome jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to you. To the extent that we may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties and the extent of our liability shall be as limited as allowed under any applicable laws.
IndemnificationYou hereby agree to defend, indemnify and hold METAPCS, LLC, our members, managers, officers, em-ployees, consultants, agents and representatives harmless from and against any claims, liabilities, dam-ages or costs (including without limitation fees, costs and other expenses of attorneys and expert wit-nesses) arising out of or in any way related to (i) any breach of this Agreement by You; (ii) Your use of any of our products generally; (iii) any actual or alleged violation by You of any intellectual property, pro-prietary or other right of any third-party; or (iv) Your negligent or willful acts or omissions related to your use of the productsYou purchase from us.
Intellectual Property DisclaimerWe offer products from third-party sellers as authorized resellers. Any references made on this Website to any established trade names, trademarks, service marks, product names or any other third party intellectual property is strictly used for reference and identification purposes only. No ownership, affiliation or sponsorship exists between us and the third-party owner of any referenced trademark, trade name, service mark, or with any specific good or service referenced on this Website.
Information Security PolicyWe use reasonable, industry standard security measures to protect your personally identifiable and billing information during transmission to our Website. We make no guarantee, warranty or representation that your name or email address, or any other Identity Information you provide through this Website, will remain secure at all times from any illegal or unauthorized access of the information by third parties. We shall not, under any circumstances, be held responsible or liable for information or transmissions that are accessed by third parties illegally or without authorization through this Website and/or network. We will report any unauthorized access of your information promptly upon discovery, and we will use our best efforts to remedy any security vulnerability that contributed to the unauthorized access.
B. Authority🐠.If You are accepting these terms on behalf of another person or a company or other legal entity, You represent and warrant that You have full authority to bind that person, company, or legal entity to these terms of sale and otherwise have authority to enter into this Agreement.
C. Severability𓆏. If any provision of this Agreement is held by a court or other tribunal of competent juris-diction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.
D. Choice of Law꧑. This Agreement shall be construed and enforced in accordance with the laws of the state of Arizona, without regard to conflict of laws principles and without regard to any applicable International laws, treaties or regulations including, but not limited to, the United Nations Convention on Contracts for the International Sale of Goods or any other uniform International trade laws.
E. Waiver🦩. The waiver by us of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver of any other or subsequent breach by You.
F. Force Majeure. Except for your payment of the purchase price or fees, neither party shall be liable for any delay or failure to perform including our obligation to provide to You any continued Services to the extent caused by fire, flood, explosion, war, riot, embargo, labor disputes, compliance with any laws, regulations, orders, acts or requirements from the government, civil or military authorities, terrorist at-tacks, acts of God or the public enemy, or any act or event of any nature reasonably beyond such party’s control.
G. Assignment𝓰. You may not assign, delegate or otherwise transfer all or any part of your rights or obli-gations under this Agreement without prior written consent by us. Any such attempted assignment, dele-gation, or transfer will be null and void.
H. Survival. Any provisions of these Terms which by their nature extend beyond the termination or expi-ration of any sale will remain in effect until fulfilled and will apply to both parties’ respective successors and permitted assigns.