Terms
& Conditions
Use of the flashpointsharedrives.com
web site (the "Site") is governed by the
policies, terms, and conditions set forth below.
Please read the following information carefully.
By using this Site or submitting an order for products
or services, you indicate your acceptance of, and
agreement to be bound by, the terms and conditions
set forth below. If you do not agree to these terms
and conditions, please do not use this Site and
please do not submit any orders for products or
services.
These terms and conditions
may be changed by flashpointsharedrive.com in the
future. It is your responsibility as a user to periodically
return to this page to review the terms and conditions
for amendments. The amended terms shall take effect
automatically the day they are posted on the site.
Your continued use of the flashpointsharedrive.com
web site following any amendments will constitute
agreement to such amendments. These Terms of Service
were last revised on October, 2005.
Payment Options:
We accept VISA, MasterCard, Discover, American Express,
Diners Club, and Federal IMPAC, flashpointsharedrive.com
Credit Card, personal checks, company checks, money
orders, cashiers checks, wire transfers, and company
purchase orders on approved credit. Please contact
an account rep for credit approval, 1-805-579-1100.
Credit card orders shipped to a location other than
your billing address may require additional verification.
We do not ship to P.O. Box addresses. Sales tax
is collected only on shipments to California. All
prices on the flashpointsharedrive.com site are
quoted in U.S. currency and all orders must be transacted
in the same.
Shipping: We ship
by FedEx®, USPS or UPS in the United States
and we ship by DHL to U.S. Territories, Canada and
other international locations. For APO addresses,
we use U.S. Mail. Extra shipping, charges apply
for Alaska and Hawaii. FedEX Overweight Priority
Delivery is the only shipping option available for
orders over 150 pounds. White Glove Delivery is
available for tube televisions and is the only shipping
available for projection televisions. UPS Ground
Shipping, FedEX 2-Day and White Glove Delivery are
not available in Alaska or Hawaii. Shipping charges
may be based on average/estimated weights and may
vary from actual shipped weight. Same day shipping:
Phone orders placed and credit approved by 10:00
p.m. (EST) weekdays for items in stock at our Memphis
distribution center, not requiring configuration
for delivery to the contiguous U.S. will ordinarily
ship that same day via FedEx Standard. FedEx Standard
provides delivery by 5:00 p.m. the next day in areas
where available. Phone orders placed and credit
approved by 8:00 p.m. (EST) on Saturday for items
in stock at our Memphis distribution center, not
requiring configuration for delivery to the contiguous
U.S. will ordinarily ship that same day via FedEx
Standard for Monday delivery. FedEx Priority provides
delivery by 10:30 a.m. the next day and is available
for an additional charge. UPS ground shipping is
available. Because we can not guarantee the availability,
please call us to confirm when the product is expected
to ship. There may be leadtimes of 4 to 5 weeks
if no units are in stock or distribution.
Prices & Availability:
Because of the fast-moving nature of the high tech
industry, prices and availability are subject to
change without notice. If a product is not in stock
when you place your order (for example, not yet
available or sold out), we will do our best to let
you know and to let you know when we anticipate
the product will be available. Anticipated delivery
dates are dependent upon vendor supplies and other
factors and are subject to change.
Processing Fee: We
Charge a "Handling Fee" on most transactions
in order to help cover our warehousing, order processing,
systems and overhead costs. This is a non-refundable
fee.
We apply the fee
to each order as follows:
Total Product Fee
Total Product Fee
$0.00 - 50.00 $3.95 $300.01 - 400.00 $6.95
$50.01 - 100.00 $4.95 $400.01 - $500.00 $6.95
$100.01 - 200.00 $5.95 $500.01 -$1,000 1.1%
$200.01 - 300.00 $6.95 $1,00.01 + 1%
These fees apply
to all products. Please note that all purchases
are final.
Unauthorized or Refused
Returns: flashpointsharedrive.com will not accept
unauthorized returns or exchanges. Packages without
a Return Authorization Number will be refused upon
return to our warehouse. flashpointsharedrive.com
will impose a 15% restocking fee plus any applicable
shipping and handling charges for refused shipments
by the customer. Additional charges may apply if
the merchandise is not returned in 100% complete
condition in the original, unopened packaging. To
complete a return, you must call an flashpointsharedrive
customer service representative to obtain an RA
(Return Authorization) number before returning your
product to flashpointsharedrive. For faster service,
please have the following information ready when
calling for an RA number: Customer name, order number,
item number and the reason for return.
Defective Returns:
Defective returns will be accepted for exchange
or repair, at our discretion, within 30 days from
the shipment date. No refunds or credit will be
granted after 30 days, the terms of the manufacturer's
warranty apply. A product must be diagnosed "defective"
by a member of the Technical Support Staff at our
manufacturing centers.
Accessories: Defective
accessories products may be exchanged if the unit
is defective.
Money-back Guarantees:
flashpointsharedrive.com does not offer a money-back
guarantee on any product.
Typographic, Photographic
& Technical Errors: Although we do our best
to achieve 100% accuracy, occasionally errors &
inaccuracies do occur. Should you encounter an error
or inaccuracy, please inform us so it can be corrected.
Products & packaging depicted may differ from
stock available at time of shipment.
Warranty Disclaimer
and Limitations on Liability: FLASHPOINTSHAREDRIVE.COM
PASSES THROUGH TO ITS CUSTOMERS ALL MANUFACTURERS¹
WARRANTIES AND GUARANTEES THAT ARE PROVIDED FOR
THE PRODUCTS IT SELLS. FLASHPOINTSHAREDRIVE.COM
MAKES NO ADDITIONAL OR INDEPENDENT WARRANTIES. TO
THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FLASHPOINTSHAREDRIVE.COM
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
FLASHPOINTSHAREDRIVE.COM
SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR SPECIAL,
INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS
OR OPPORTUNITIES) OR PUNITIVE DAMAGES, EVEN IF IT
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE MAXIMUM LIABILITY OF FLASHPOINTSHAREDRIVE.COM
FOR ALL DAMAGES SHALL BE LIMITED TO AN AMOUNT NOT
TO EXCEED THE PURCHASE PRICE OF THE PRODUCT. LIKEWISE,
FLASHPOINTSHAREDRIVE.COM WILL NOT BE LIABLE FOR
ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF
ITS CATALOG OR WEB SITE, INCLUDING, BUT NOT LIMITED
TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL
DAMAGES. ALL MERCHANDISE IS SOLD ³AS IS².
PLEASE CHECK MANUFACTURER PACKAGING AND MATERIALS
FOR COMPATIBILITY. FLASHPOINTSHAREDRIVE.COM MAKES
NO WARRANTY AS TO THE PERFORMANCE OF ANY MERCHANDISE
SOLD. WE ARE NOT RESPONSIBLE FOR SYSTEM DOWNTIME,
LOST DATA, ETC. THIS DISCLAIMER BY FLASHPOINTSHAREDRIVE.COM
IN NO WAY AFFECTS THE TERMS OF ANY APPLICABLE MANUFACTURERS¹
WARRANTIES OR GUARANTEES. FLASHPOINTSHAREDRIVE.COM
WILL PROVIDE COPIES OF SUCH WARRANTIES AND GUARANTEES
UPON REQUEST BY CALLING 1-800-622-6255. CERTAIN
STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY
TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS AND
REMEDIES THAT VARY FROM STATE TO STATE.
Disputes: Any claims
against FLASHPOINTSHAREDRIVE.com relating in any
way to your purchases from FLASHPOINTSHAREDRIVE.com
shall be submitted to confidential arbitration in
Ventura County, California. Arbitration under this
agreement shall be conducted under the rules then
prevailing of the American Arbitration Association.
The arbitrator¹s award shall be binding and
may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by
applicable law, no arbitration under this Agreement
shall be joined to an arbitration involving any
other party subject to this Agreement, whether through
class arbitration proceedings or otherwise. In any
such arbitration, the parties shall be responsible
for their own costs, expenses and attorney¹s
fees. [This clause can be made more specific concerning
the method and manner of dispute resolution.] In
the event that this arbitration provision is unenforceable,
any litigation regarding this agreement or any transaction
between the customer and FLASHPOINTSHAREDRIVE.com
shall be brought in the state or federal courts
located in Ventura County, California, and the customer
hereby agrees and submits to such jurisdiction and
venue as exclusive and proper.
Governing Law: Transactions
between you and FLASHPOINTSHAREDRIVE.com, and any
disputes arising between you and FLASHPOINTSHAREDRIVE.com
related to any interaction between you and FLASHPOINTSHAREDRIVE.com,
including but not limited to claims relating to
the content of its catalogs and Web site, shall
be governed by and construed in accordance with
the laws of the State of California without regard
to the laws regarding conflicts of law. If any provision
of this agreement shall be unlawful, void or for
any reason unenforceable, then that provision shall
be deemed severable from this agreement and shall
not affect the validity and enforceability of any
remaining provisions.
Title - Risk of Loss:
Title to items being purchased passes from FLASHPOINTSHAREDRIVE.com
to purchaser at the time of shipping. Customer takes
on full liability for safety and validity of delivery
address given to us at the time of purchase. FLASHPOINTSHAREDRIVE.com
will not incur any forwarding costs on shipments.
FLASHPOINTSHAREDRIVE.com shall not be responsible
for damages or delays resulting from Acts of God,
war, riot, seizure, terrorist activities, embargo
or other acts or events outside of the reasonable
control of FLASHPOINTSHAREDRIVE.com.
Return Procedures:
The RA Number. Please note that ALL SALES ARE FINAL.
Products manufactured by Apple, Sony, Fujitsu, Hitachi,
Umax, IBM, Microsoft, NEC, Toshiba, Quark, and Compaq
are not returnable to flashpointsharedrive.com for
ANY reason. ALL CPU SALES ARE FINAL. Any product
returned will be credited the lower of the purchase
price or current price plus and restock fees. No
return will be accepted without a return authorization
(RA) number. To request a RA number, please contact
an flashpointsharedrive.com Customer Service Specialist
Toll Free at (877) 888-2678. RA numbers are valid
for ten business days after issue. Your RA number(s)
must appear clearly on the shipping label of the
return shipment. Affix a label to the box: PLEASE
DO NOT MARK THE BOX ITSELF IN ANY WAY. In the case
of any product(s) returned for any reason, the returned
item(s) must be 100% complete, in original and re-salable
condition, with all packaging, manuals, registration
card(s), accessories and software. We reserve the
right to refuse a return on any product that does
not meet these requirements. Shipping and Handling
Fees are not refundable, with the exception of orders
incorrectly shipped by flashpointsharedrive.com.
Important manufacturer
exceptions to returns policy:
Third Party Service
Contracts: FLASHPOINTSHAREDRIVE.com is a reseller
of various service contracts issued by and performed
by third party service providers. We are not the
providers of the services described in those contracts
and the third party service provider is the only
party responsible for performing, or arranging for
performance, of those services. You agree that the
third party service provider is solely responsible
for fulfillment of the service obligations and you
agree that you will look only to the third party
service provider for any loss, claims or damages
arising from or relating to the purchase and performance
of those services. You also agree to release FLASHPOINTSHAREDRIVE.com
from any and all claims arising from or relating
to the purchase and performance of the services
to be provided by the third party service providers.
In some states, those services may be subject to
sales tax. To the extent that such taxes are collected
by FLASHPOINTSHAREDRIVE.com, they are collected
solely on behalf of the issuer of the service contract
in FLASHPOINTSHAREDRIVE.com¹s capacity as an
independent sales agent for the service provider.
Additional Information:
FLASHPOINTSHAREDRIVE.com policies are subject to
change without notice. We do our best to ship all
orders as rapidly and accurately as possible. However,
FLASHPOINTSHAREDRIVE.com is not liable for late
or delayed shipments or system failures. Title to
items being purchased passes from FLASHPOINTSHAREDRIVE.com
to purchaser at the time of shipping. If you purchase
items for export, you must obtain from the Federal
government certain export documentation. Terms of
FLASHPOINTSHAREDRIVE.com's agreements with numerous
vendors in the catalog forbid us from exporting
product. Some products are not available for sale
to schools. All trademarks and registered trademarks
are used to benefit of their respective owners.
Ordering Options:
We accept orders online 24 hours a day, 7 days a
week.
Phone Hours: Sales
and Customer Service Specialists can take your call,
Monday-Friday, 8 a.m. to 5p.m., and Saturday 8 a.m.
to 12 p.m. PST.
Sales: 800-753-9526
Customer Service
Online: orders@flashpointsharedrive.com
Customer Service
Phone: 805-579-1100
General Comments:
info@flashpointsharedrive.com
About flashpointsharedrive.com:
http://www.sharedrives.com
http://www.flashpointsharedrive.com/help/
All trademarks and
registered trademarks are used to benefit, and without
intent to infringe on, the mark holder. The flashpointsharedrive.com
logo is a registered trademark of flashpointsharedrive.com,
Inc.
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Copyright
©2005 flashpointsharedrives.com,
Inc. All rights reserved.
All content included
on this site, such as text, graphics, logos, button
icons, images, audio clips and software, and the
compilation of this content are the property of
flashpointsharedrives.com or its content suppliers
and protected by U.S. and international copyright
laws. All software used on this site is the property
of flashpointsharedrives.com or its software suppliers
and protected by U.S. and international copyright
laws. The content and software on this site may
be used as a shopping resource. Any other use, including
the reproduction, modification, distribution, transmission,
republication, display or performance, of the content
on this site is strictly prohibited.
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