Terms & Conditions

IN EVERY CIRCUMSTANCE, komputerbay.com'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE (NOT INCLUDING SHIPPING AND INSURANCE FEES) OF THE MERCHANDISE SOLD. komputerbay.com SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE MERCHANDISE IT SELLS WHICH EXCEEDS THIS LIABILITY LIIMIT. komputerbay.com SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE BUYER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR TIME, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, OR OTHER CHARGES INCURRED BY HAVING MERCHANDISE TESTED BY ANY OTHER SERVICE, WHETHER OR NOT komputerbay.com HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES

Payment Terms; Orders:

An order is not binding upon komputerbay.com until it is accepted; komputerbay.com must receive payment before it will accept an order. Payment for the merchandise ordered is due prior to shipment. No exceptions. Customer can make payment by credit card, or some other method prearranged with komputerbay.com. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

Shipping Charges

Your total cost for purchase of any merchandise will include shipping and handling charges shown on the komputerbay.com invoice.

Title; Risk of Loss

komputerbay.com will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) and risk of loss passes to the Customer upon delivery to the carrier. komputerbay.com will advise Customer by email when the merchandise is shipped, but komputerbay.com will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including but not limited to, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, freight embargoes, or neglect of the carrier to deliver the item in a timely manner.

Governing Law and Jurisdiction

Any dispute arising out of or related to these Terms and Conditions or the sales transaction between komputerbay.com and Customer shall be governed by the laws of the State of Ohio, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. komputerbay.com and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Ohio, Fayette County, to resolve any dispute between them related hereto, and the parties waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, and equity or otherwise, against komputerbay.com that is more than one year after the date of the applicable invoice.

Severability

If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Ohio law.

Waiver

The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

Entire Agreement

These terms and conditions, together with komputerbay.com's invoice regarding the products ordered by Customer, are the complete and exclusive agreement between komputerbay.com and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between komputerbay.com and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.

komputerbay.com does not offer any sort of technical assistance. We cannot offer advice on compatibility of items, make product recommendations; provide technical support or sales advice. We post all of the information the manufacturer provides us with for your convenience. Please contact the manufacturer directly for accurate answers to your technical questions or for additional information or specifications that are not posted at komputerbay.com.

You can expect your order to be processed within approximately 24-48 hours, provided the items are in stock and there are no problems with payment verification. komputerbay.com does not guarantee same day-shipping. Orders are not processed on weekends and holidays.

komputerbay.com does sell backordered merchandise. Availability will be stated on each item. If on back-order, the estimated time to receive the item will be listed.

Our security policies may be found on the security page.

Our privacy policies may be found on the privacy page.

We guarantee that every online transaction you make will be 100% safe. This means you pay nothing if unauthorized charges are made to your card as a result of shopping at our online store. Under the Fair Credit Billing Act, your bank can only hold you liable for no more than $50.00 for fraudulent charges. If your bank does hold you liable for any of this $50.00, we will reimburse the entire liability for you, up to $50.00. We will only cover this liability if the unauthorized use of your credit card resulted through no fault of your own from purchases made while using our secure server. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.

You may request a change to your order provided the order has not already been charged to your account. Emails sent to request a change on your order must be sent within 5 minutes of placing the order. We can not guarantee a change will be made even if the email is sent within this time as our emails are answered within 24 hours and may not be received by the time your order is shipped so please make sure you give us the correct order including the correct address when you place the order. We will not be responsible for making address changes after the order is placed.

You may request that an order be cancelled provided the order has not already been processed and shipped. We can not guarantee that emails sent for order cancellations will be received in time to cancel an order. If it is not, we will not be responsible for the order not being cancelled.

We do have a reseller program for those wishing to purchase items at wholesale prices. Please direct all inquiries to tradeusa@komputerbay.com or use our trade enquiries contact form and our wholesale representative will assist you with these purchases.

Tax: All customers outside of Ohio will not be charged any tax. Therefore, there is no need to fax or set up any reseller tax exemption form.

komputerbay.com strives to make sure all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website are accurate. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed are entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labeled with an incorrect price or other incorrect information, due to some typographical, informational, technical or other error, komputerbay.com shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all links to other websites from komputerbay.com are provided as resources to buyer looking for additional information and/or professional opinion. komputerbay.com is not responsible for the claims and/or representations made on these or any other websites.

komputerbay.com is not responsible for changes or variations in product specifications and/or physical appearance. In the interest of our buyers, komputerbay.com puts forth its best efforts to ensure that all product information is up-to-date, factual and correct. Unfortunately there are varying determinates which, although infrequent, could cause the information on our website to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color variations, retail package changes and other variations that may be considered inconsequential by the manufacturer. komputerbay.com relies on the manufacturer to communicate these changes. Presently we have no way of letting the buyer know prior to purchase in the event the manufacturer fails to do so. Consequently, komputerbay.com will not be responsible for product revision changes.

All review submissions are subject to review and moderation by komputerbay.com. Please follow our submission guidelines. komputerbay.com moderates all review submissions to ensure that only reviews that offer helpful insight and proper information are published.*

What to include in your submission:

• Experiences with a fully-functional product leading to perceived pros and cons**
• Thoughts about the product's features as you've experienced them

What NOT to include in your submission:

• Profanity, obscenity and other offensive language
• Single-word reviews
• Non product-specific reviews
• Any mention of komputerbay.com's competitors by name or implication
• Specific pricing information, URL's and specific availability, or any time sensitive information
• Experiences with a DOA, defective, damaged or otherwise semi-functional product DOA (Dead On Arrival) merchandise is an unavoidable aspect of any business that involves direct shipment to buyers. Please understand that komputerbay.com ships only merchandise it assumes to be functional and that any defective merchandise you may have received was either damaged in transit or was anomalous
• Being critical of the brand or reseller without a majority of the review offering product-specific insight

*komputerbay.com reserves the right to accept or reject any review at its sole and absolute own discretion

komputerbay.com, like other e-tailers, ships items in the condition they were received from the original manufacturer/distributor. komputerbay.com does not conduct product testing before shipping any merchandise.

Sales tax is only required for orders shipping within our resident states of business. Therefore all orders shipping within Ohio will be charged applicable sales tax according to your area's tax rate.

The customer will bear all duties and taxes according to your area.