PLEASE READ THIS DOCUMENT CAREFULLY!
THESE TERMS & CONDITIONS BELOW APPLY TO ALL YOUR PURCHASES FROM DELLPARTS.US.
THEY CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND
OBLIGATIONS, INCLUDING LEGAL LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.
By accepting delivery of any
product delivered from DellParts.us, you ("Customer") agree to be
bound by the terms and conditions listed below. You and DellParts.us agree that
the following terms and conditions are the exclusive terms governing the sales
transaction between Customer and DellParts.us. Any attempt to alter,
supplement, modify or amend these terms and conditions by the Customer will be
considered a material alteration of this agreement and, therefore, are null and
void. In addition, these terms and conditions are subject to change at any
time, without prior written notice. Therefore, please check these terms and
conditions carefully each time you place an order with or accept delivery of
any goods from DellParts.us. Price, specifications and terms of offers are
subject to change without notice. DellParts.us is not responsible for
typographical and/or photographical errors. Retail products are accompanied by
the original manufacturer warranty.
Product Testing
DellParts.us, like other e-tailers, ships items in the condition they were
received from the original manufacturer/distributor. DellParts.us does not
conduct product testing before shipping any merchandise. However, for power
supply, we can help to test it if asked (optional) before shipping.
GENERAL TERMS AND CONDITIONS
· Payment Terms Orders: An order is not binding upon DellParts.us until it
is accepted; DellParts.us must receive payment before it will accept an order.
Payment for product(s) ordered is due prior to shipment. Customer can make
payment by credit card, wire transfer, or some other method prearranged with DellParts.us.
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:All shipping is deliver with FEDEX.
For international orders, our products are delivered with USPS Priority mail
and for PO BOX, APO,
and military bases, Itwinkle uses USPS parcel post.
Your total cost for purchase of any product will include shipping and handling
charges shown on the DellParts.us invoice. Price Protection: Our website is
updated frequently to ensure that you'll view the latest products and pricing
available, and that you receive all of the latest savings. At the time you make
a purchase you agree to the listed price. We are unable to make a price
adjustment if the price has changed, after an order has shipped. However, if
you notify Itwinkle prior to the shipment of your order, we would be happy to
make the price adjustment for you. Unfortunately, DellParts.us does not offer
price matching for competitors.
P.S.: Free shipping (if any) is applicable only to the 48 contiguous states of USA.
· Title; Risk of Loss: DellParts.us 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. DellParts.us reserves a
purchase money security interest in the product(s) until its receipt of the
full amount due. Customer agrees to allow DellParts.us to sign appropriate
documents on Customer's behalf to permit DellParts.us to protect its purchase
money security interest. DellParts.us will advise Customer of estimated
shipping dates, but DellParts.us will, under no circumstances, be responsible
for delays in delivery, and associated damages, due to events beyond its
reasonable control, including without limitation, acts of God or public enemy,
acts of federal, state or local government, fire, floods, civil disobedience,
strikes, lockouts, and freight embargoes.
· Governing Law and Jurisdiction: Any dispute
arising out of or related to these Terms and Conditions or the sales
transaction between DellParts.us and Customer shall be governed by the laws of
the State of California, 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. DellParts.us and Customer
consent to the exclusive jurisdiction and the venue of the State Courts of the
State of California, Los Angeles County, to resolve
any dispute between them related hereto, and the parities waive all rights to
contest this exclusive jurisdiction and venue of such Courts. Finally, the
Customer also agree not to bring any legal action, based upon any legal theory
including contract, tort, equity or otherwise, against DellParts.us 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 California 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 the DellParts.us’s invoice respecting the products ordered by
Customer, are the complete and exclusive agreement between DellParts.us and
Customer, and they supersede all prior or contemporaneous proposals, oral or
written, understandings, representations, conditions, warranties, and all other
communications between DellParts.us’s 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.
· Sales Tax: Sales tax is only required for
orders shipping into states where we have or may have nexus for state tax
purposes under applicable laws. Therefore all orders shipping into California
will be charged applicable sales tax according to your area's tax rate. Please
note that the sales tax for California order is
calculated based upon the total price of the order, not including shipping and
handling. The tax imposed by this state on shipping and handling is not part of
the state sales tax
· Duty Tax: FedEx only offers 2Day or overnight
services to Hawaii
and Alaska.
If you have selected FedEx Saver as your preferred shipping option and attempt
to checkout, the shipping method will default to 2Day and you will subsequently
be charged accordingly.
Contact Information If users have any questions or suggestions regarding our
privacy policy, please contact us at:
Phone: (909)598-7209 Fax: (909)598-0130 Email:infoitwinkle@yahoo.com Postal
Address:
20524 Carrey Rd. Walnut, CA
91789
Web site URL www.DellParts.us
We reserve the right to test the product and confirm the
defectiveness before issuing refund.
RMA Application: For the customer who wants to return the products back to us,
and if the products are in the valid period (Customer should ship back the
wrong items or damage items by themselves if they have received it over 6
days),please ask our RMA form first at Live Service ,fill in and email to
following address:rma@DellParts.us or fax(909-598-0130) to us.We will issue you
a RMA number for returning your products.
ALL
PRODUCTS IS NEW (OEM) UNLEAST OTHERWISE STATED
Every effort has been made to ensure the accuracy of all information contained
in our products. We make no warranty expressed or implied with respect to
accuracy of the information, including price, product editorials or product
specifications. Product and manufacturer names are used only for the purpose of
identification.
Thank you for your cooperation. We look forward to serve you.
