Policy & Agreement
CONDITIONS OF SALE
These Conditions of Sale govern the sale of products by Newegg Inc. (“Newegg”) to you through Newegg.com (the “Newegg Website”). Some products or services offered by Newegg may be subject to additional terms and conditions (“Additional Terms”) besides these Conditions of Sale, and in such situations these Additional Terms will control to the extent of any inconsistency between the Additional Terms and these Conditions of Sale.
Please read these conditions of sale carefully before placing an order with Newegg. By placing an order with Newegg, you signify your agreement to be bound by these conditions.
Your order is an offer to Newegg to buy the product(s) in your order. When you place an order to purchase a product from Newegg, we will send you an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation"). The Order Confirmation acknowledges that we have received your order, and does not confirm Newegg’s acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail confirmation to you that we've dispatched the product to you (the "Dispatch Confirmation"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation e-mail for each package, and each Dispatch Confirmation e-mail and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation e-mail. Your contract is with Newegg. Without affecting your right of withdrawal set out in section 5 below, you can cancel your order for a product at no cost any time before we send the Dispatch Confirmation e-mail relating to that product.
You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format in your account area of the web site. For each delivery, we will inform you in our Dispatch Confirmation e-mail if an electronic invoice is available. For further information about electronic invoices and instructions on how to receive a paper copy please refer to our help pages.
2 PRICING AND AVAILABILITY
We list availability information for products sold by us on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.
Please note that unless otherwise stated on the website, delivery estimates are only estimates and are not guaranteed delivery times and should not be relied upon as such.
On rare occasions, an item in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product's correct price is higher than the price on the website, we may either contact you before shipping to ask whether you want to buy the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product.
3 PRODUCT INFORMATION
Unless expressly indicated otherwise, Newegg is not the manufacturer of the products sold on this website. Actual product packaging and materials may contain more and different information to that displayed on our website. Ingredients may also change. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.
For healthcare products, in the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product or contact the manufacturer. Content on this site is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition.
Newegg accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.
4 SHIPPING AND CUSTOMS
When ordering products from Newegg for delivery from outside of Australia you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Contact your local customs office for further information. Additionally, please note that when ordering from Newegg, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
Please review our Returns Policy which applies to products sold by Newegg.
Newegg does not take title to returned items until the items arrive at the returns address destination. At our discretion, a refund may be issued without requiring a return. In this situation, Newegg does not take title to the refunded item.
6 DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
THE NEWEGG WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NEWEGG WEBSITE ARE PROVIDED BY NEWEGG ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NEWEGG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE NEWEGG WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NEWEGG WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE NEWEGG WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NEWEGG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEWEGG DOES NOT WARRANT THAT THE NEWEGG WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NEWEGG WEBSITE, NEWEGG'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM NEWEGG ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEWEGG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE NEWEGG WEBSITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NEWEGG WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN 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. HOWEVER, THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS ABOVE WILL APPLY TO THE GREATEST EXTENT POSSIBLE UNDER APPLICABLE LAW.
We will not be held responsible for any delay or failure to comply with our obligations under these Conditions of Sale if the delay or failure arises from any cause which is beyond our reasonable control.
7 APPLICABLE LAW
By using the Newegg Website, you agree that the Federal Arbitration Act of the United States, applicable federal law of the United States, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Newegg.
8 DISPUTE RESOLUTION PROCESS
You expressly agree that any dispute or claim relating in any way to your use of the Newegg Website, or to any products or services sold or distributed by Newegg or through Newegg.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. You expressly waive any other jurisdiction for a dispute related to the Newegg Website and any products or services sold or distributed by Newegg or through Newegg.com. The Federal Arbitration Act of the United States and United States federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Sale as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to 16839 East Gale Avenue, City of Industry, California, U.S.A., 91745, attention Legal Department. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Newegg will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
9 AMENDMENTS TO THE CONDITIONS OF SALE
We reserve the right to make changes to our website, policies, and terms and conditions, including these Conditions of Sale, at any time, and your continued use of the Newegg Website after such change will evidence your acceptance of such change. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you).
10 SEVERABILITY OF CONDITIONS OF SALE
If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.
12 OTHER BUSINESS
We provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Newegg does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
13 NEWEGG CONTACT INFORMATION
Our contact details are:
Newegg Inc., 16839 E. Gale Avenue, City of Industry, California, U.S.A. 91745
Newegg.com offers our Customers a 30-day satisfaction replacement or refund guarantee on all purchases, except:
To take advantage of Newegg.com's satisfaction guarantee, the Customer must comply with the Product Return Procedure detailed below. Any breach of Newegg.com's Return Policy Procedure will result in the loss of Newegg.com's refund/replacement guarantee. Furthermore, all return shipments not in compliance with these instructions will be rejected. Marketplace: In general, Newegg Marketplace sellers will honor Newegg's Satisfaction Guarantee set forth above. However, certain exceptions may apply. Check the Seller's Policy Page for the return policies of individual Marketplace sellers. In the event of a conflict between Newegg's Satisfaction Guarantee and those on a Seller's Policy Page, the Seller's Policy Page satisfaction guarantee shall apply to your orders from that seller.
Product Return Procedure
Newegg does not consent to having any telephone calls recorded and reserves the right to terminate any call that is being recorded. Customer agrees not to record any call with Newegg unless Customer has provided clear and conspicuous notice to Newegg and has received prior written consent from Newegg.