IMPORTANT:
PLEASE
READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY. IF YOU DO NOT AGREE
TO OR UNDERSTAND ANY OF THESE TERMS AND CONDITIONS PLEASE DO NOT
PURCHASE ANY PRODUCTS OR SERVICES ON IPELAGOS.COM.
THE TERMS AND CONDITIONS OF SALE ("Terms") ARE LIMITED TO THOSE
CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS
DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND
NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.
BY ACCEPTING DELIVERY OF THE PRODUCTS AND SERVICES DESCRIBED IN
iPELAGOS.COM's INVOICE OR OTHER iPELAGOS.COM DOCUMENTATION, CUSTOMER
AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE
UNLESS CUSTOMER AND iPELAGOS.COM HAVE SIGNED A SEPARATE AGREEMENT, IN
WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.
"We", "Our" or "Us" refers to iPELAGOS.COM.
"You" or "Your" or "CUSTOMER" refers to the buyer who places
an order on iPELAGOS.COM.
Application of Terms; Customer Acknowledgment These Terms constitute a
binding contract between Customer and iPelagos.com. Customer
acknowledges agreement and acceptance of these Terms by making a
purchase, placing an order or otherwise shopping on our Website (the
"Site"). These Terms are subject to change without prior notice, except
that the Terms posted on the Site at the time Customer initially places
or modifies an order will govern the order in question. No employee,
affiliate or representative of iPelagos.com has any right to alter,
vary or waive any of these Terms nor to undertake any liability
whatsoever on behalf of iPelagos.com, unless such be in writing AND
signed by a Director of iPelagos.com. Should something be explained or
presented differently from these Terms the Customer is encouraged to
ask for clarification.
Governing Law THESE TERMS AND ANY SALE
HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA ,
WITHOUT REGARD TO CONFLICTS OF LAWS RULES, REGARDLESS OF THE LOCATION
OF THE CUSTOMER. ANY DISPUTE, ACTION OR LITIGATION MUST BE BROUGHT IN
CALIFORNIA AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND
STATE COURTS LOCATED IN CALIFORNIA, SUBMITS TO JURISDICTION THERE, AND
WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER HEREBY AGREES THAT SUCH
VENUE IS APPROPRIATE AND THAT iPELAGOS.COM'S AGREEMENT TO SELL AND
DELIVER PRODUCTS TO THE CUSTOMER IS DEPENDENT ON THIS PROVISION.
CUSTOMER's Obligation:
When you access this site for the first time you agree to be bound by
all terms and conditions for the use of this Service. We may vary the
terms and conditions for the use of this Service from time to time by
posting revised terms and conditions on the site. It's your
responsibility to check whether the terms and conditions have been
revised. Your use of this service after the date on which we post the
revised terms and conditions shall be deemed to constitute your
acceptance of the revised terms and conditions. If you do not agree to
any of the terms presented below please discontinue to use this website.
Privacy of personal
information (click
here to read our Privacy Policy)
PRODUCT DESCRIPTIONS AND IMAGES: Pictures and description of products sold on iPelagos.com are for your convenience only
and may not be accurate.
You should by no means buy any product based on the description or the
picture. We receive the descriptions as well as the images from the
manufacturer/distributor and even though we do our best to validate
this information discrepancies in the product descriptions and images
may still exist. Will ship to you any item based on the manufacturer
number(appearing as Serial Number on the product's page) only. For accurate pictures and descriptions of any product, please visit the manufacturer's website prior to placing your order. In case you encounter difficulties doing that please ask so we can assist you. EXAMINATION UPON DELIVERY: Upon delivery of your order,
you agree to examine carefully the product received and verify that the
product manufacturer number printed on the box matches the product manufacturer number on our website(appearing as Serial Number on the product's page on iPelagos.com).
If there seems to be a discrepancy do NOT open the box or break the
seal of the box. In case a discrepancy exists you agree to notify us
immediately so you obtain an RMA for a return. In case the product you
receive is different from the one you ordered, based on the
manufacturer's product number, we will NOT accept returns once the item
has been opened or an open-box restocking fee of at least 30% will
apply. RETURNS: In case an
item purchased on this site is defective, or the product manufacturer
number does not match the one displayed on our website, it can be
returned for
a full refund within 30 days from the day of
purchase.We
will cover the
shipping charges from our Repair Center back to you if and
when a defective product is repaired. For all
returns, you should contact us first to obtain an RMA
(Return-Merchandise Authorization). Returns for which an RMA has not
been obtained will be refused. No returns, for ANY reason, will be
accepted after this 30-day interval.
WARRANTY:
We only accept returns within the first 30 days from the day purchase.
After that, some of the products come with the 1-year International
Limited Warranty. Note that, in the event your product needs
to be repaired and your product is
covered by the manufacturer's warranty, the manufacturer
might not necessarily have an ASP
(Authorized Service Provider) in Cyprus so you will have to send it to
the nearest to Cyprus ASP in Europe after you have obtained an RMA from the manufacturer first.
More on
Returns:
Returns of a product, other than
the defect-item scenario discussed above, are subject to a 20%
restocking
fee. In any case, however, no returns, under any circumstances, are
allowed after 30 days form the day of purchase. It is the buyer's
responsibility to
check that the items bought are compatible with their existing systems,
goods, network, ISP, or telephone systems.
About
iPhone
To read our iPhone Disclaimer click here.
Buyer must click on the link, read and agree to this disclaimer before
they purchase an iPhone.
Defective
Item Return
Customer MUST CAREFULLY PACK defective items being returned, as if they
were new and working. Failure to do so may invalidate the RMA.
Pricing
Information; Availability; Errors and omissions Disclaimer All pricing is subject to
change. We reserve the right to make adjustments to pricing, products
and service offerings for reasons including, but not limited to,
changing market conditions, product discontinuation, product
unavailability, manufacturer price changes and errors in
advertisements. All orders are subject to product availability.
Therefore, we cannot guarantee that it will be able to fulfill
Customer's orders even though an item's status indicates availability
at the time of purchase.
We make every effort to
ensure the accuracy of the information published in our catalogs and on
our Web site. However, the documents and graphics published on this
site may contain technical inaccuracies or typographical errors. We
make no representations about the suitability of the information and
graphics presented on this site. All such documents and graphics are
provided "as is" without warranty of any kind.
If an error is made and
a product is listed at an incorrect price, we shall maintain the right
to refuse or cancel any orders placed at the incorrect price. If the
order has been confirmed and charged to your credit card, we shall
issue a credit in the amount of the incorrect price. Note: We also do
not guarantee that our prices listed on other Web sites or price
engines are accurate or up-to-date.
Prices
and Exchange rate
All prices are listed in US Dollars. iPelagos.com will charge you in US
Dollars. For your convenience and reference, you also have the option
to switch to any other currency and view the corresponding price in
that currency as well. HOWEVER, this is only an approximate conversion
using a specific exchange rate obtained from xe.com or some other
source. The customer is RESPONSIBLE to contact their bank the day they
are planning to place their order to obtain the exchange rate that
their bank uses and possibly any additional fees this transaction may
incur. Please note that exchange rates fluctuate daily and within the
day as well. What iPelagos.com
will charge you is the price you see on our website in US Dollars,
clearly displayed at check-out.
VAT due upon delivery
All listed prices do NOT include the VAT. We do not collect VAT or Sales Tax at the time of purchase. Because orders are shipped from outside the EU, the VAT, at the current VAT rate, is due upon delivery either to Customs directly (delivery by USPS) or to FedEx at the time of delivery (delivery by FedEx).
Shipping;
Risk of Loss; Information regarding shipping (charges, delivery
times
etc) can be found on our FAQ
page.
You fully understand and agree to the fact that once a package leaves
out warehouse iPelagos.com is NOT responsible for delivery delays, loss
or damage of your package or whatever else happens to your package as
we have no control over that. FedEx 2-3 day delivery guarantee is
subject to the conditions and restrictions as posted on FedEx's
website. For more information on that please visit FedEx.com. In
addition, you fully understand and acknowledge that your order will not
be shipped out until a thorough billing verification is completed by
our billing department. All delivery estimates refer to transit time
once an order has been dispatched and "days" refers to business days.
iPelagos.com will arrange payment for shipping with the carrier, but
such costs are the responsibility of Customer. iPelagos.com charges
shipping and handling fees for every shipment, unless a special
promotion or contract term provides otherwise; such cost includes the
freight charged by the carrier, packaging, and handling, but does not
necessarily equal a direct pass-through of such cost to the customer.
Risk of loss is upon Customer once we deliver the product to the
carrier. Delivery times are estimates only and we shall not be liable
for delays.
Delivery:
You agree to hold us harmless in case of any of any post delivery loss
of your goods.
Example: front desk/concierge of your billing address signs for your
package and it is lost after they have taken possession of your
goods.
Service:
The
Service will be provided on an "as is" and "as available" basis. We
cannot guarantee that the Service will be provided fault-free and we do
not undertake or warrant that the Service will be free from defects.
We
may temporarily suspend the Service either partially or completely for
any reason. We will restore the Service as soon as reasonably
practicable after a suspension. We will not be liable to you for any
loss which you incur as a result of any such suspension.
Limitation
of Liability
NEITHER iPELAGOS.COM NOR ITS AFFILIATES WILL BE LIABLE FOR LOST
PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR
PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR FOR ANY CLAIM BY ANY THIRD PARTY. NEITHER iPELAGOS.COM NOR ITS
AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR
FOR LOST OR CORRUPTED DATA OR SOFTWARE OR THE PROVISION OF SERVICES BY
THIRD PARTIES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE
PURCHASE OF PRODUCTS OR SERVICES PROVIDED DIRECTLY BY iPELAGOS.COM OR
ITS AFFILIATES, NEITHER iPELAGOS.COM NOR ITS AFFILIATES ARE LIABLE OR
RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY
CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM.
We
shall not be held liable for any damages, including without limitation,
indirect or consequential damages, howsoever arising out of your use of
this site, products purchased form this site or in respect of any of
your actions or omissions taken in reliance on any of the advice or
information contained on this site or any site to which this site is
linked to.
The pages contained in this site may contain technical inaccuracies and
typographical errors. The information in these pages may be updated
from time to time and may at times be out of date. We accept no
responsibility for keeping the information in these pages up to date or
liability for any failure to do so.
We will not be responsible for any delays in delivery which result from
any circumstances beyond our control, including without limitation,
product unavailability, carrier delays, delays due to fire, severe
weather conditions, failure of power, labor problems, acts of war,
terrorism, general insurrection, acts of God or acts of any government
or agency.
Order
Change / Cancellation:
You may request an order change or cancellation as long as it has not
been processed for shipping. Since orders are usually processed
quickly, notifying us of an order change or cancellation does not imply
that we will be able to do so, as we may not get to your request in
time.
If your order was shipped or sent to our warehouse for fulfillment
before you requested a cancellation we will not be able to accommodate
your request. Customer accepts that once an order is placed the order
is final.
We are unable to reinstate an order once it has been cancelled. You may
place a new order subject to our current availability and pricing.
Order
Processing Time:
It may take approximately one or two business days to process an order
before it ships, provided that the merchandise is in stock and that we
are able to complete the address verification and payment process. The
estimated time of arrival is determined by the chosen method of
shipping and the carrier's local delivery guidelines.
Monitoring: Your
Communications may be monitored to allow high-level support of the
Service or whenever we have reasons to believe there may have been a
breach of the usage policy.
Vendor license agreements Customer agrees to abide by all
license provisions or end user agreement imposed by the manufacturer or
publisher.
Third party sites This
site contains hypertext links to sites that are not operated by us or
by our associated companies. We do not control such sites and are not
responsible for their content. Our inclusion of hypertext links to such
sites does not imply any endorsement of the material contained on the
sites or of the owners.
Note:
We are not to be held liable for any failure to perform any of our
obligations
under these terms and conditions caused by matters beyond our
reasonable control.
Entire Agreement These
Terms constitute the entire agreement between Customer and iPELAGOS.COM
relating to the sale of products and services on the Site. Customer
consents to receiving electronic records, which may be provided via a
Web browser or e-mail application connected to the Internet; individual
consumers may withdraw consent to receiving electronic records or have
the record provided in non-electronic form by contacting us at the
address provided below.
Customer may issue a purchase order for administrative purposes only.
Additional or different terms and conditions contained in any such
purchase order will be null and void. Customer agrees that the Terms
contained herein and in our invoice or other documentation will
control. No course of prior dealings between the parties and no usage
of trade will be relevant to determine the meaning of these Terms or
any purchase order or invoice related thereto. This section may not
apply if there is a written contract between Customer and iPELAGOS.COM.
In the event any section or portion of a section of these Terms are
deemed unlawful or unenforceable, that section or portion of a section
shall be stricken from the Terms, and the remaining terms shall
continue in full force and effect.
Disagreement with These Terms and Conditions If you disagree with or do not
understand any of the terms and conditions of this User Agreement,
please do not visit, browse, shop, access or otherwise use this Site
About us
