PLEASE READ THIS DOCUMENT CAREFULLY!
IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS,
AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS
DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.
This Agreement contains the terms and conditions that apply
to purchases by Home, Home Office, and Small Business customers
from the BuyPortableGames entity on orders for video game accessories/games
and/or related products sold. You agree to be bound by and accept
this agreement as applicable to your purchase of product(s)
or service(s) from BuyPortableGames. By using BuyPortableGames's
Site and submitting orders to BuyPortableGames's systems, Customer
agrees to be bound by and accepts these terms and conditions.
THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS
SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH BuyPortableGames,
IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS
OTHER BuyPortableGames STANDARD TERMS APPLY TO THE TRANSACTION.
These terms and conditions are subject to change without prior
written notice at any time, in BuyPortableGames's sole discretion.
Other Documents. Other than as specifically provided in any
separate formal purchase agreement between Customer and BuyPortableGames,
these terms and conditions may NOT be altered, supplemented,
or amended by the use of any other document(s). Any attempt
to alter, supplement or amend this document or to enter an order
for product(s) which is subject to additional or altered terms
and conditions will be null and void, unless otherwise agreed
to in a written agreement signed by both Customer and BuyPortableGames.
Payment Terms; Orders; Quotes; Terms of payment are within BuyPortableGames's
sole discretion, and unless otherwise agreed to by BuyPortableGames,
payment must be received by BuyPortableGames prior to BuyPortableGames's
acceptance of an order. Payment for the products will be made
by credit card, wire transfer, or some other prearranged payment
method unless credit terms have been agreed to by BuyPortableGames.
Invoices are due and payable within the time period noted on
the invoice, measured from the date of the invoice. BuyPortableGames
may invoice parts of an order separately. Orders are not binding
upon BuyPortableGames until accepted by BuyPortableGames.
Any quotations given by BuyPortableGames will be valid for
the period stated on the quotation.
Shipping Charges; Taxes. The prices of the item(s) ordered are
displayed at BuyPortableGames's Site and in Customers shopping
cart, and are quoted in US Dollars ("USD"). We do
not charge taxes on any item(s). All taxes and custom duties
which may incurred in the process of shipment at the destination
country shall be bear by the Customer. The delivery charges
payable shall be calculated in Customers shopping cart. BuyPortableGames
uses third parties for the delivery of the items. Items will
be delivered to address provided by the Customer. The delivery
time frames specified in Customers shopping cart are indicative
only and shall not be an obligation on us or the carrier. If
the Customer fails to take delivery of the items or fails to
enable BuyPortableGames or the carrier to make delivery (whether
by refusal or failure to provide any or proper instructions,
authorization, information, payment etc), delivery shall be
deemed to have take place upon the carrier or BuyPortableGames
giving notice to the Customer of such delivery whereupon risk
in the items shall pass immediately to the Customer. The Customer
shall reimburse BuyPortableGames all costs and expenses (including
but not limited to transport, storage and insurance charges)
incurred by us as a result of your failure or refusal to take
physical delivery.
Title; Risk of Loss. Title to products passes from BuyPortableGames
to Customer on shipment from BuyPortableGames's facility. Loss
or damage that occurs during shipping by a carrier selected
by BuyPortableGames is BuyPortableGames's responsibility.
Loss or damage that occurs during shipping by a carrier selected
by Customer is Customer's responsibility. BuyPortableGames
will not be liable to any losses or delays on delivery caused
by natural environmental disaters such as floods, storms, earthquakes,
or any similar situations. Whenever these unfortunate disasters
happen, Customer should claim the loss compensation from the
postal services or the respective goverment.
Return Policies; Exchanges; Refunds. BuyPortableGames understands
that in various cases after purchasing an item, not all Customers
may be completely happy with their goods. BuyPortableGames
regrets to inform the Customers that BuyPortableGames does
not allow any return or exchange once the item(s) have been
deemed to be delivered to you due to the nature of the item(s)
sold on the website unless defects due to manufacturing is reported
within 10 days after receipt of the item(s) by the Customer.
If BuyPortableGames makes an error and ships the wrong product,
BuyPortableGames will replace it with the correct item if the
product is in its original packaging. Which means that the product
must be unopened. If the product is opened BuyPortableGames
may buy back the product if it is in mint condition. If the
correct item is temporarily out of stock, BuyPortableGames
will fill the order when the item returns to stock. If BuyPortableGames
cannot fill the order at any time, a store credit or refund
will be authorized at the Customers request. The Customer is
responsible for shipping costs of all returns. Software returns
are unaccepted. Defective software may be returned for exchange
with the same product only. The products must be returned in
the original packaging with all accessories and manuals included.
Any discrepancies could result in a delay or partial forfeiture.
There will be a re-boxing fee in BuyPortableGames's sole discretion
for products not returned in the original manufacturer's packaging.
If part of a product becomes defective, the full product must
be returned. Due to limited stock, replacement product may not
be available and cannot be guaranteed. All returns must be sent
via a courier that issues a postal tracking number.
Products. BuyPortableGames's policy is one of ongoing product
update and revision. BuyPortableGames may revise and discontinue
products at any time. BuyPortableGames will ship products that
have the functionality and performance of the products ordered,
but changes between what is shipped and what is described in
a specification sheet or catalog are possible. The parts and
assemblies used in building BuyPortableGames products are selected
from new and equivalent-to-new parts and assemblies in accordance
with industry practices. Spare parts may be new or reconditioned.
Using the technology available to BuyPortableGames, BuyPortableGames
has tried it's best to ensure that the thumbnail images of the
item(s) materially resemble the item(s) delivered to the Customer.
Due to differences in monitors and variance in resolution setting,
the color seen on screen may not be the exact color of the item(s).
However, due to limitations beyond BuyPortableGames's control,
BuyPortableGames is not responsible for any differences or
non-conformity of the item(s) delivered to the Customer as compared
to the images of the item(s) as shown on the Site.
Compatibility. BuyPortableGames strongly urges the Customer
to check compatibility before ordering products. If an item
is returned due to incompatibility, BuyPortableGames is unable
to replace the item.
Limitation of Liability. BuyPortableGames DOES NOT ACCEPT LIABILITY
BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY
FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED
DATA OR SOFTWARE. BuyPortableGames WILL NOT 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 EXCEPT AS EXPRESSLY
PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED
TO THE PURCHASE OF PRODUCTS OR SERVICES, BuyPortableGames IS
NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE
AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S)
UNDER THIS AGREEMENT.