| Roberto Electronics , Inc. – Terms and Conditions of Sale |
| PLEASE READ THESE TERMS AND CONDITIONS OF SALE VERY CAREFULLY.THE TERMS AND CONDITIONS OF SALE 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 Roberto Electronics’s INVOICE OR OTHER Roberto Electronics DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE UNLESS CUSTOMER AND Roberto Electronics HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.Important Information About These Terms and Conditions of SaleThese terms and conditions of sale constitute a binding contract between Customer and Roberto Electronics. Customer accepts these terms and conditions of sale by making a purchase, placing an order or otherwise shopping on Roberto Electronics’ Website (the “Site”). These terms and conditions of sale are subject to change without prior notice, except that the terms and conditions of sale posted on the Site at the time Customer initially places or modifies an order will govern the order in question. These terms and conditions of sale constitute the entire agreement between Customer and Roberto Electronics relating to the terms and conditions of sale of products and services on the Site. All sales are retail and not for resale. 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 Roberto Electronics 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 and conditions of sale contained herein and in Roberto Electronics’s 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 and conditions of sale or any purchase order or invoice related thereto.Governing LawTHESE TERMS AND CONDITIONS OF SALE AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF GEORGIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT IN FULTON COUNTY, GEORGIA AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN FULTON COUNTY, GEORGIA AND SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING.Risk of LossIf Customer provides Roberto Electronics with Customer’s carrier account number or selects a carrier other than a carrier that regularly ships for Roberto Electronics, title to products and risk of loss or damage during shipment passes from Roberto Electronics to Customer upon shipment from Roberto Electronics’s facility. For all other shipments, title to products and risk of loss or damage during shipment passes from Roberto Electronics to Customer upon receipt by Customer. Title to software will remain with the applicable licensor(s). Roberto Electronics retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.Export SalesIf this transaction involves an export under the Export Administration Regulations, the commodities, technology and/or software sold or distributed under these terms and conditions of sale exported from the United States by Roberto Electronics were exported in accordance with the Export Administration Regulations. Diversion, use, export or re-export contrary to United States law is prohibited. The commodities, technology and/or software sold or distributed under these terms and conditions of sale may not be exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan, North Korea or Syria or to entities and persons that are ineligible under United States law to receive United States commodities, technology and/or software. In addition, manufacturers’ warranties for exported products may vary or may be null and void for products exported outside the United States.WarrantiesCustomer understands that Roberto Electronics is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not Roberto Electronics. In purchasing the products, Customer is relying on the manufacturer’s specifications only and is not relying on any statements, specifications in brochures, photographs or other illustrations representing the products that may be provided by Roberto Electronics. In connection with services, neither affiliates of Roberto Electronics nor third party service providers are agents of Roberto Electronics and Roberto Electronics has no obligation or liability arising from any services performed by or any warranty, if any, made by, such service providers. Roberto Electronics AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED BY THIRD PARTIES OR AFFILIATES OF Roberto Electronics, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER’S WARRANTY, IF ANY.Pricing Information; Availability DisclaimerAll pricing is subject to change. Roberto Electronics reserves 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, Roberto Electronics cannot guarantee that it will be able to fulfill Customer’s orders.Limitation of LiabilityNEITHER Roberto Electronics 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 Roberto Electronics 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 Roberto Electronics OR ITS AFFILIATES, NEITHER Roberto Electronics 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. Roberto Electronics will not be responsible for any delays in delivery which result from any circumstances beyond its 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.Third Party ServicesCustomer acknowledges and agrees that, in some instances, Roberto Electronics, Roberto Electronics Technology Services, Inc., and their affiliates are resellers of services and are not the provider of those services. In those cases, the third party service provider is the only party responsible for providing services to Customer. In those cases, Customer will look solely to the third party service provider for any loss, claims or damages arising from or relating to the purchase or provision of such services. Customer hereby releases Roberto Electronics, Roberto Electronics Technology Services, Inc. and their affiliates from any and all claims arising from or relating to the purchase or provision of any such services by third party service providers. Services may be subject to tax. All amounts, including taxes, associated with third party services are being collected by Roberto Electronics on behalf of Roberto Electronics Technology Services, Inc. solely in the capacity as an independent sales agent.ArbitrationAny claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to the products or services sold pursuant to these terms and conditions of sale, the interpretation or application of these terms and conditions of sale or the breach, termination or validity thereof, the relationships which result from these terms and conditions of sale (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto), or Roberto Electronics’s advertising and marketing (collectively, a “Claim”) WILL BE RESOLVED, UPON THE ELECTION OF Roberto Electronics, CUSTOMER OR THIRD PARTIES INVOLVED, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association, with offices in Atlanta, GEORGIA. If arbitration is chosen by any party with respect to a Claim, neither Roberto Electronics nor Customer will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties. Further, Customer will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these terms and conditions of sale, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. 1-16). The arbitration will take place in Atlanta, GEORGIA. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to Roberto Electronics arising out of sales hereunder will be exclusively litigated in court rather than through arbitration.Orders; Payment Terms; Interest; TaxesOrders are not binding upon Roberto Electronics unless accepted (credit card transactions processed on the site DO NOT constitute acceptance of an order.) by Roberto Electronics and we reserve the right to cancel any order for any reason. Terms of payment are within Roberto Electronics’ sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. Roberto Electronics may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the lower of one and one-half percent (1 1/2%) per month or at the highest rate allowed by law. Customer is responsible for, and will indemnify and hold Roberto Electronics harmless from, any applicable sales, use or other taxes associated with the order. Customer must claim any exemption from tax at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable tax is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of Roberto Electronics’ costs of collection, including court costs, filing fees and attorney’s fees. All payments by Paypal or wire transfer must be completed within 24 hours of sale. If an order is not paid within the 24 hour window the order will become null and void.Price Comparisons, “Original Price” and “Your Savings”.Price comparisons may be made throughout the site to indicate the relative savings amounts of our pricing.“Original Price” is the suggested retail price provided to us by our suppliers. We make no representation that a substantial number of these products have been sold or offered for sale at the original price. Actual retail prices in your area may be substantially different. Because we sell our merchandise over the internet on a national basis, it is not possible to know if our merchandise is sold at the original price in any particular location or at any particular time.“YOUR SAVINGS” reflects the difference between our price and the supplier provided original price shown on our sites. Because the original price may be different than the actual retail prices in your area, you may not actually realize a savings of this amount and may want to make an exact comparison for yourself by checking the prices of other internet or local retailers prior to making a purchase.Consent to Collection, Use & Disclosure of Your Personal Information.As more fully described in our Privacy Policy, you must disclose certain Personally Identifiable Information to use our Site, register, and make purchases. As a condition of registering with our Site or making any purchases of any products and/or services or conduct any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your Personally Identifiable Information and Non-Personally Identifiable Information as described in our Privacy Policy. Our Privacy Policy’s terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making initial or subsequent purchases. We reserve the right to change our Privacy Policy’s terms and conditions from time to time without notifying you of these changes.While robertoelectronic.com takes reasonable steps to safeguard and to prevent unauthorized access to your personally identifiable information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information, including but not limited to your personally identifiable information. IN NO EVENT SHALL robertoelectronic.com OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER COMPENSATORY, CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER robertoelectronic.com WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.Consent To Our Communication With You By E-Mail. By establishing a My Account with us, and each time you make a purchase through our Site, you grant permission for robertoelectronic.com to contact you at your e-mail address. To stop receiving our marketing emails, use the following link to unsubscribe: http://www.robertoelectronic.com/subscriptions. Conditions of Sale and Payment Terms.To purchase any goods and/or services on our Site, you must be at least eighteen (18) years of age or the applicable state age of majority or be the authorized representative of a corporation, limited liability company, partnership, or other legal entity. Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final ,subject to the Return Policy defined more in this website. Shipping TimesGround Service is usually delivered within 7-10 buiness days after shipping from our warehouse. All orders require 1-2 business days for processing before shipping from our warehouse. Business days do not include holidays and weekends. robertoelectronic.com is not responsible for carrier delays.2-Day Service is usually delivered 2 business days after shipping from our warehouse. All orders require 1-2 business days for processing before shipping from our warehouse. Business days do not include holidays and weekends. robertoelectronic.com is not responsible for carrier delays.ReturnsTo begin the return process on an item you change your mind about, you will first need to obtain an RMA number. Click here for directions on receiving an RMA.(If you think you may have received the wrong or a potentially defective product, you can also request an RMA, return and we will refund in full if the item is determined to be incorrect (not matching the order placed online) or defective upon return inspection.Please note that robertoelectronic.com does not cross-ship any items, even if you feel you may have ordered incorrectly or received the wrong product. For items which we offer free shipping our standard shipping charges will be deducted from any refund or credit.Return PolicyReturns Must Meet ALL Applicable CriteriaIf your returned product does not match all applicable criteria listed below, it will be rejected by our Returns Warehouse and returned to you at your expense. Consequently, your RMA will be nullified, any credit request will be denied, replacement orders will not be made, and you will be charged for all shipping to and from our Returns Warehouse that may be incurred by robertoelectronic.com. By requesting an RMA and/or shipping a return in violation of this policy you hereby agree to accept our shipment of the product back to you and to the payment of all shipping costs to and from our Returns Warehouse. Our arrangements with our suppliers and manufacturers allow us no room to make exceptions.Basic CriteriaAll returns must include the following:Original packaging (manufacturer’s box, Styrofoam, plastic bags, etc.)Original intact UPC barcode. Do not cut out the UPC code until you have examined and tested the product to your satisfaction. Removal of the UPC code voids any possibility of return regardless of RMA or credit request status.Valid Return Merchandise Authorization (RMA) written on the shipping label.Original packing slip. Do not mail or dispose of the packing slip until you have examined and tested the product to your satisfaction.The return must be complete and include all accessories (transformers, antennas, remote controls, batteries, software disks, etc.)Manufacturer documentation (manuals, warranty cards, registration information, etc.)The RMA number must not be written on the original manufacturer’s packaging or box. Please write the RMA number on the label used to return the item or the brown shipping box. Items received with any writing on the original manufacturer’s packaging or box will be refused and returned to you at your cost and without credit approval.Basic Return PolicyUnless otherwise stated below, you have 30 days from the date of your order placement (regardless of when you actually took delivery of the product) to get a valid RMA from our website. Once an RMA is issued you have 10 days to return the product to us. RMAs must be valid, unexpired, and issued for the product being returned. Only one RMA is issued per return. When it expires, you may no longer return your product.If you are ineligible for an RMA, contact the manufacturer directly or check any applicable warranty you might have for other potential return opportunities. Note that we have no control over the manufacturer or other entities related to your product, and cannot guarantee their return policies. See the Manufacturer Contact List at the bottom of this page.Except as provided for verified defective products (See Special Returns Policy for Defective Products below), you will be responsible for all shipping charges for returns sent to our Returns Warehouse.Upon our acceptance of the merchandise in like new condition and in strict conformance with the basic criteria and basic returns policy listed above, the purchase price will be credited to the purchaser for the original purchase by the website or company where the purchase was made (robertoelectronic.com, Amazon.com, Sears.com, etc…) in accordance with each website or company’s specific refund policy. Please allow up to 14 days from shipment for your return to arrive at our Returns Warehouse. Note: Delivery times vary based on shipper selected. Your return will be processed within 5-7 business days (excluding Saturdays, Sundays, and holidays) after receipt of the item.Many of the items we sell have Special Return Policies. See the appropriate policy below to see if items you purchase are affected.The risk of loss for the product being returned shall be with you at all times during the shipment of such product to the returns center and with respect to any shipments from the returns center back to you, the original distributor or manufacturer, or any buyer through the liquidation process. Title to the product being returned will remain with you at all times and transfer from you to the original distributor, or a third party in the case of a liquidation of the return, only upon receipt of the products by such distributors or buyers.Special Return PoliciesPotentially Defective ProductsAll Potentially Defective Product claims should be sent directly to the manufacturer or warranty provider for evaluation and warranty support. Refer to the products’ individual warranty policy for further information. See the Manufacturer’s Contact List at the bottom of this page.Please note that 99% of initially diagnosed “Potentially Defective Products” turn out to be configuration or compatibility issues and are not “Defective Products”.Non-Returnable ProductsThe following products are not accepted for return and must be repaired by manufacturers’ authorized service centers: personal care products, TVs and monitors,computer products, laser printers, scanners, fax and other devices with delicate optics. To locate a service center near you, please refer to your product manual. Unused software may be returned, if unopened, with some exceptions. Defective software, games, CDs and DVDs may be returned for the same title only. Software programs, consumables and media are not returnable to robertoelectronic.com under any circumstance and must be returned to the manufacturer. Stereo and electronic equipment should be bench-tested prior to installation (units that have been installed, scratched, or abused will not be accepted for return or credit). Returned products are subject to shipping and restocking charges, or refund rejection as listed below.RMA Fee Schedule for Returned ItemsProducts returned new and, unopened in perfect condition with all packaging and item materials and manuals that can be resold as new are subject to a 15% fee which covers the cost of packaging, shipping and handling. Additionally, If packages are requested to be intercepted or are refused or if a pre-paid label is requested and provided for the return, then the additional shipping cost incurred by robertoelectronic.com are also deducted from the return.Products returned opened and used in non-perfect conditions that can be resold as open box items are subject to a 30% fee which covers the cost of the reduced item value, packaging, shipping and handling. Additionally, If packages are requested to be intercepted or are refused or if a pre-paid label is requested and provided for the return, then the additional shipping cost incurred by robertoelectronic.com are also deducted from the return.Products that have digital delivery are not returnable individually or if part of a product bundle. If a digital delivery product was part of a bundle, the bundle may still be returned with all non-digital components subject to the conditions stated above, however MSRP of the digital product will be deducted from the return.Products returned opened and used, in user damaged condition or without all packaging and item materials and manuals that cannot be resold as new or open box are refused and returned to the customer. If a customer refuses delivery of a returned item, the item is disposed of by the shipping carrier, but the customer is still charged for that item and will not be entitled to a refund.Server & PC Dead On Arrival (DOA) PolicyAn Roberto Electronics product is considered DOA if it shows symptoms of a hardware failure preventing basic operability, upon its first use. If you discover that your product may be DOA please contact ja************@gm***.com prior to any other action. This policy and any type of warranty, express or implied, will be nullified if the product is modified or if the chassis broken open, repaired or tampered with in any fashion without authorization from an Roberto Electronics support person and authorization code. All DOA notifications must be filed with Roberto Electronics within 30 days of the sale date.This DOA policy only applies to Roberto Electronics hardware products currently offered. As new products are offered Roberto Electronics reserves the right to determine whether or not this policy applies.Roberto Electronics reserves the right to test the returned DOA product. If the condition of the product is misrepresented by the customer, Roberto Electronics may pursue imposing a fee, for wrongful return, of $500 to the customer.Roberto Electronics support team will determine if the product is DOA, and if the product is determined to be DOA, we will offer you the following options:Replacement:The same product that was ordered will be shipped to you and a support representative will contact you within 72 hours of your contact with the replacement product delivery time and the process to return the DOA product.Service:You will receive a product repair authorization number should you choose to have Roberto Electronics repair your DOA product. Note, however, that once serviced the product is no longer eligible for replacement. Product must be deemed DOA by Roberto Electronics technical support within 30 days of the sale date in order to receive a replacement unit.Server& PC Return Privileges & ProcessFailure to return a product or notify robertoelectronic.com of your intention to return the Custom Servers and PCs within three (3) business days of receipt of these products will be deemed to be an acceptance of the product. All custom built or specialty servers, computers, laptops or electronic computer equipment is not available for return, but is available for DOA service. This includes but is not limited to the IBM, Hewlett Packard/Compaq, Super Micro computer brands. General DisclaimersWe reserve the right to notify customers and cancel the sale for any reason. We shall not be held liable for any such cancellation and/or closure. Returns and adjustments to methods of payment may take 10-14 business days after the return is authorized. Returned product must have an RMA number written on the shipping label.All products must be returned with all original manufacturer boxes with the UPC code and packing materials, all manuals, blank warranty cards, accessories and any other documentation included with the original shipment. RMA approval is contingent upon, among other things, the products being 100% complete.Customer is responsible for shipping charges to Roberto Electronics’ distribution center for all products being shipped for return, exchange or replacement. Products exchanged or replaced will be shipped by Roberto Electronics to Customer, at Roberto Electronics’ expense, using the same shipping method as was used by Customer to ship the original products back to Roberto Electronics.Customer is responsible for all risk of loss and damage to products being shipped for return, exchange or replacement. Roberto Electronics is not responsible for any loss or damage that occurs to products shipped for return, exchange, or replacement. Please fully insure return shipment in case of loss or damage. Please use a carrier that is able to provide you with proof of delivery such as UPS, Federal Express or Airborne Express. This is for your protection as well as to ensure quick action on your return. When contacting the manufacturer, please be prepared to provide the following information: Date of purchase, Serial number and Manufacturer Part Number of the product that you would like to return or exchange.Accessibility robertoelectronic.com is committed to making our website’s content accessible and user friendly to everyone. If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please call our Customer Service team at 1.209.316.0192 or email our team at ja************@gm***.com with “Disabled Access” in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies. Additionally, while we do not control such vendors, we strongly encourage vendors of third-party digital content to provide content that is accessible and user friendly. |
