Hexa-Byte Customer Notice COPYRIGHT/TRADEMARK INFORMATION Hexa-Byte / Hexa-Byte.com / Hexabyteonline.com is a registered trademark of Hexa-Byte. This entire website, copy, images, logos, index, text, content, and unique method of showcasing products is copyright 1995- 2009 Hexa-Byte. All trademarks appearing herein are acknowledged. Permission to use documents delivered from this World Wide Web site and/or server and related graphics is restricted. The name of Hexa-Byte / Hexa-Byte.com / Hexabyteonline. com. or any of the above trademarks or logos may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission. The information contained in this website is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors of products herein. ORDER ACCEPTANCE POLICY Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Hexa-Byte / Hexa-Byte.com / Hexabyteonline.com reserves the right at any time after receipt of your order to accept or decline your order for any reason. Hexa-Byte / Hexa-Byte.com / Hexabyteonline.com reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over $500.00 ( U.S.D ) must obtain per-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. Hexa-Byte / Hexa-Byte.com / Hexabyteonline.com is a reseller to end user. TYPOGRAPHICAL ERRORS In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Hexa-Byte / Hexa-Byte.com / Hexabyteonline.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Hexa-Byte / Hexa-Byte. com / Hexabyteonline.com shall have the right to refuse or cancel any 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 canceled, Hexa-Byte / Hexa-Byte.com / Hexabyteonline.com shall immediately issue a credit to your credit card account in the amount of the charge. RETURN POLICY AND RETURN POLICY AND LIMITED GUARANTEE AGAINST DEFECTS (Computer Products Only) Every third party product you buy from Hexa-Byte / Hexa-Byte.com / Hexabyteonline.com is backed first by the product manufacturer's warranty. Hexa-Byte / Hexa-Byte.com / Hexabyteonline.com 30 day limited warranty against defects and 90 day on labor may also apply. Hexa-Byte / Hexa-Byte.com / Hexabyteonline.com 30 day limited warranty is a defective exchange policy that provides for either repair or replacement (a repair or replacement (at our sole discretion) of merchandise that has been confirmed as defective by either the manufacturer or Hexa-Byte / Hexa- Byte.com / Hexabyteonline.com. Leased merchandise is not eligible for this warranty. Due for this warranty. Due to licensing and copyright laws, we do not accept returns on software once a package has been opened. Defective software will be exchanged for the same title only according to Hexa-Byte / Hexa-Byte.com / Hexabyteonline.com limited 30 day warranty described above. Hardware confirmed as defective by the product manufacturer or Hexa-Byte / Hexa-Byte.com / Hexabyteonline.com will either be exchanged or repaired at our sole dis repaired at our sole discretion within the first 1 year of ownership only and 90 days on labor. After 1 year the product manufacturer warranty if any, is the only warranty in effect. Terms and conditions may vary by product or manufacturer. Hexa-Byte / Hexa-Byte.com / Hexabyteonline.com will assist customers whenever possible in gaining satisfaction with product manufacturers. For assistance or to exchange a defective product please call 407-259-1281. Products returned for exchange must be in new condition, original packaging and include all disks, registration cards, packing materials and other accessories and be received within 30 days of the invoice date. We reserve the right to refuse for return or charge a restocking fee for damaged or incomplete returns. No returns will be accepted without an RA number issued by Hexa-Byte / Hexa-Byte.com / Hexabyteonline.com or when the product manufactures or distributors return policies supersedes ours. RETURN POLICY AND LIMITED GUARANTEE AGAINST DEFECTS (Electronics & Gaming Products Only) We guarantee against manufacturers' defects for 30 days from the date of the delivery on all products except for items listed in the Exception Section. Products with Manufacturer Warranties which exceed 30 days, may be returned directly to the manufacturer according to their instructions. All returns/exchanges must be made within 30 days of receipt of the merchandise. Merchandise must be in original factory condition, and must include all original packaging materials, warranty cards, manuals and accessories.    Exception Section - Items Not Covered Under this return policy: TVs: If the item is defective the customer will need to contact the Manufacturer directly.  If the item is unwanted and was not open, this item may be returned to us per our "Unwanted Returns" section. Gaming (includes Brand New consoles and games for all different types of systems):  All of the gaming comes with Manufacturer's warranty unless specified otherwise in the description section of the item.  If the item is defective customer will need to contact Manufacturer.  If the item is unwanted and was not open, this item may be returned to us per our "Unwanted Returns" section.    Personal Care Items: If the item is defective the customer will need to contact the Manufacturer directly.  If the item is unwanted and was not open, this item may be returned to us per our "Unwanted Returns" section. Items may be returned only with prior authorization.    All shipping and handling fees are non-refundable with an exception where we made an error by shipping and incorrect item to the customer.  In this case, Member must contact us to obtain a return label or request a merchandise pick up.  Once item is returned back to the warehouse a correct replacement unit will be shipped out or store credit issued for the full amount of the order if the correct unit is unavailable.  We must be informed of the receipt of incorrect merchandise within a week of the delivery.    Unwanted Returns: Unwanted product returns will be subject to a 20% restocking fee and must have a Return Merchandise Authorization number (RMA#). Merchandise must be in the unused condition only.    Refused Delivery: Returns falling under this category will be treated as “Unwanted Returns”, consequently they will be subject to a 20% restocking fee.  The customer will also be responsible for the return shipping cost incurred by the action of refusing the delivery. Consequently, a store credit will be issued less 20% restocking fee of the value of the merchandise and less shipping and handling fees both ways.    Defective Items:  A customer must return merchandise at their expense within 30 days from the date of delivery with prior Return Merchandise Authorization number. If an exchange is not requested at the issuing time of the RMA and automatic store credit will be applied once merchandise is returned back to the warehouse.    If the return has been received to our warehouse after 30 days from the original day of the receipt of the merchandise, it will be send to the Member at their expense.    All reimbursements are done in the form of a company credit which can be used towards new orders. Member may request a refund back to the credit card in which case a 5% credit card processing fee will be deducted from the total amount of the refund.  Refunds may take 3 to 5 business days to post back to the credit card. Return policy on Cell Phones And Cells Phone Accessories This policy is applicable ONLY to the return of cell phones and cell phone accessories.    Cell Phones Information: GSM vs CDMA and Frequency concerns.    We try to provide the best quality of support for our members, and with the large variety of cellular phones we offer, there are some factors you should be aware of. A large part of our cellular inventory consists of GSM phones. Some GSM (Global System for Mobile Communications) providers include Cingular, Tmobile, AT&T, etc… A GSM network differs from a CDMA (Code Division Multiple Access) network in several ways, the easiest to distinguish by being that a GSM phone requires a SIM card (which is not included). SIM cards can be obtained from your provider. When purchasing a GSM phone you should take into consideration which bandwidth frequency is available in your area. Please contact your service provider for assistance. The frequency coverage depends on the area and your service provider. GSM cellular phones only run on 4 possible frequencies, 850/900/1800/1900. Quad Band phones can run on all 4 frequencies, Tri Band phones will only work on 3 out of the 4 frequencies, and Dual Band phones will only work on 2 out of the 4 frequencies. 850/1900 are US frequencies, and 900/1800 are international frequencies. The majority of our Tri Band phones are 900/1800/1900 which means they work internationally as well as on a US 1900 frequency (850 frequency will not work). Please check with your provider for details on the frequency in your area prior to placing your order. Phones returned due to frequency issues are subject to approval and a 20% restocking fee. All phones intended for use with carriers other than GSM networks are marked accordingly. As the majority of phones we offer are international models, and are not assigned to one specific carrier, unless marked otherwise, the GSM phones can be used on any GSM network: Cingular, Tmobile, AT&T, etc… However for best service from your cellular phone, the above frequency regulations must be observed. *Cell phones which are marked as unlocked ( being international phones ) are not capable of working on the internet. They are not enabled to browse the internet and will not be able to access it. We also provide you with certain CDMA and IDEN phone models which work with the provider specified ion the item description. All phones intended for use with CDMA and IDEN networks are specifically marked. PLEASE NOTE: All cellular phones are sold as is and do not include manufacturer warranties. Please refer to the return policy for further information. Without exception, no item may be returned without prior authorization in the form of an RMA number provided by customer service. In the case of a return without prior authorization: the item in question will either be shipped back to the customer at their expense, or at the customer’s request we may elect to accept the item back with a restocking fee of 50% of the total merchandise value. DOA cell phones: For the return of any Dead On Arrival cell phone we must be notified within 7 business days of the receipt of the merchandise. This type of return may come back only for exchange without exception.    All shipping and handling fees are non-refundable with an exception where we have made an error by shipping and incorrect item to the customer. In this case, Member must contact us to obtain a return label or request merchandise pick up. Once item is returned back to the warehouse a correct replacement unit will be shipped out or store credit issued for the full amount of the order if the correct unit is unavailable. We must be informed of the receipt of incorrect merchandise within a week of the delivery. In addition the incorrect item must remain in its complete original condition, be unused, and at the point of return contain all of the items originally included in the shipment pertaining to all accessories protective coverings and packing materials.    Unwanted items will be subject to a restocking fee of 20% and must be in their original condition and appear unused. All protective covering and accessories must also be included in the original packaging and be in original condition never having been removed.    Refused Delivery: Returns falling under this category will be treated like unwanted returns and will consequently incur a restocking fee of 20% . The customer will also be responsible for the return shipping cost incurred by the action of refusing the delivery. Consequently, a store credit will be issued less 20% restocking fee of the value of the merchandise and less shipping and handling fees both ways.    Please note: The cell phones represented on this web site are international models and will hold no manufacturer warranty. Select models may be taken to a nearby manufacturer service center to be serviced at the recipient’s expense.   If the return has been received to our warehouse after 30 days from the original day of the receipt of the merchandise, it will be send to the Member at their expense.   All reimbursements are done in the form of a company credit which can be used towards new orders. Member may request a refund back to the credit card in which case a 5% credit card processing fee will be deducted from the total amount of the refund.  Refunds may take 3 to 5 business days to post back to the credit card. REGARDING BUNDLES Bundled items are included while supplies last. Items of similar or greater value may be substituted. WARRANTY LIMITATIONS There are no other express warranties or conditions respecting the equipment. Implied warranties, if any, are limited to the duration of the express warranty provided herein. Some states do not allow limitations on how long an implied warranty lasts so that the foregoing limitation may not apply to you. LIMITATION OF LIABILITY In no event shall Hexa-Byte / Hexa-Byte.com / Hexabyteonline.com or any of its subsidiaries or affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, data destruction or corruption caused by any equipment or software sold, data loss due to software including software upgrades and third party software. Loss of business or profits. Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. PROCESSING TIME Your order is thoroughly reviewed by our Sales Department to ensure that the order is accurate, the payment method is valid, and you are authorized to use this payment method. Once your order has passed the rigorous review by our Sales Department, it is sent to our warehouse for shipment. PAYMENT OPTIONS & PROCESSING Hexa-Byte / Hexa-Byte.com / Hexabyteonline.com used several methods of payments for customers, once merchandise is ordered customer has the choice to select cashiers check, money order or payments Through a secure site. Once payment is received Hexa-Byte / Hexa-Byte.com / Hexabyteonline.com will then ship the order. Credit card processing can take up to 3 business days. Further, for security reasons, voice confirmation may be required before we can process your credit card for payment. If the item(s) on your order are in-stock, we will ship them as soon as possible from our warehouse or from one of our Distributors. If the item(s) on your order are out of stock, they will not be shipped until we have received and processed the back ordered inventory in our warehouse. If the item out of stock is not available, we will then inform the customer and refund the transaction. Hexa-Byte / Hexa-Byte.com / Hexabyteonline.com are not responsible for any fees incurred by any transactions in the event of cancellations, out of stock or refunds of transactions. SHIPPING DISCLOSURE UPS Ground: 3 - 8 Business Days UPS Second Day: 2 Business Days UPS Next Day Air: 1 Business Day Note: Saturday & Sunday deliveries are not available. DELIVERY SCHEDULE Total time is based on the amount of time it takes to get payment authorization, order processing, and the transit time from the carrier. This can range from 24 hours to 10 days for in-stock items. SHIPPING AND HANDLING Our customer-friendly shipping schedule is calculated on the ACTUAL WEIGHT of your shipment and the TYPE OF SHIPPING SERVICE that you specify (ground, air or overnight). Shipping and handling charges will be applied to all orders placed with us. If your order must be shipped in multiple boxes or in separate shipments in the event an item is not in stock and must ship at a later date, shipping and handling charges for the entire order will be assessed at the point when the first item is shipped. We charge only ONCE for shipping and handling, for the entire order. Should you have any questions or concerns regarding these charges, feel free to email Hexa-Byte / Hexa-Byte.com / Hexabyteonline.com at: sales@hexa-byte.com CREDIT CARD CHARGES AND AUTHORIZATIONS An authorization on a credit or debit card is a hold against your banks credit card spending limit. When the goods are shipped, a charge for the total amount of the order shipped will be sent to your credit card bank. Your bank should release the authorization when the charge is received. A charge is the only time a transfer of funds is completed; an authorization is not a transfer of funds. RISK OF LOSS If the Customer provides Hexa-Byte / Hexa-Byte.com / Hexabyteonline.com with Customer's carrier account number or selects a carrier other than a carrier that regularly ships for Hexa-Byte / Hexa-Byte.com / Hexabyteonline.com, title to products and risk of loss or damage during shipment passes during shipment passes from Hexa-Byte / Hexa-Byte. com to Customer upon shipment from Hexa-Byte / Hexa-Byte.com / Hexabyteonline.com facility facility. For all other shipments, title to products and risk of loss or damage during shipment passes from Hexa-Byte / Hexa-Byte.com / Hexabyteonline.com to Customer upon receipt by Customer. Not with standing the foregoing, title to software will remain with the applicable licensor(s) and Customer's rights therein are contained in the license agreement between such licensor(s) and Customer. Hexa-Byte / Hexa-Byte.com / Hexabyteonline.com retain a security in retain a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges. EXPORT REGULATIONS If this transaction involves an export under the U.S. export regulations, the commodities, technology and/or software sold or distributed under these terms and conditions of sale exported from the United States by Hexa-Byte / Hexa- Byte.com / Hexabyteonline.com were exported in accordance with such regulations. Diversion, use, export or re- export contrary to United States law is prohibited. The commodities, technology and/or software sold or distributed under these terms and conditions of sale may not be exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan, North Korea or Syria or to entities and persons that are ineligible under United States law to receive United States commodities, technology and/or software. In addition, manufacturers' warranties for exported products may vary or may be null and void for products exported outside the United States. DISPUTE RESOLUTION AGREEMENT TO RESOLVE ALL DISPUTES THROUGH AN ARBITRATOR OR SMALL CLAIMS COURT AND AGREEMENT TO WAIVE A RIGHT TO JURY TRIAL AND TO PARTICIPATION IN CLASS ACTIONS You and Hexa-Byte / Hexa-Byte.com / Hexabyteonline.com agree to resolve any controversy, dispute, or claim arising out of or relating to your purchase of any product or service from Hexa-Byte / Hexa-Byte.com / Hexabyteonline.com by binding Arbitration administered by any Arbitration company in Orange County, Orlando-Florida, or in a small claims court, and judgment on the arbitration award rendered by the Arbitrator(s) may be entered in a court having competent jurisdiction. This agreement to arbitrate is intended to be broadly interpreted and covers all controversies, disputes, claims arising out or relating to your purchase including, but not limited to contract claims, tort claims and statutory claims, or any combination of claims. We agree that the arbitration or small claim proceeding will take place in Orange County, Orlando-Florida. We agree that any arbitration company with in the county of Orange in Orlando-Florida shall administer the arbitration, and that said Arbitration and Arbitration Rules and Mediation Procedures and Consumer Related Disputes Supplementary Procedures, if applicable, shall apply. You and Hexa-Byte / Hexa-Byte.com / Hexabyteonline. com agree that the Arbitration Award maybe taken to a Court of competent jurisdiction to become an enforceable judgment. Hexa-Byte / Hexa-Byte.com / Hexabyteonline.com agree that agree that any arbitration under this Agreement will take place on an individual basis. Class arbitrations and class actions are not permitted. If you wish to begin arbitration against Hexa-Byte / Hexa-Byte.com / Hexabyteonline.com you must inform us of your intentions to appropriately select an arbitrator in Orange County Orlando-Florida. This Arbitration Agreement affects you legal rights. Arbitration is resolved by a neutral party and not a judge or jury. There is less discovery and less exchange of information between the parties to an arbitration than might occur in a court proceeding. An arbitration award is final and binding and will only be overturned or reversed by a court in very limited circumstances. You agree that, by entering into this Agreement, you and Hexa-Byte / Hexa-Byte.com / Hexabyteonline.com are each waiving the right to a trial by jury or to participate in a class action.