Policy & Agreement
CONDITIONS OF SALE
These Conditions of Sale govern the sale of products by Newegg Inc. (“Newegg”) to you. Newegg.com is a trading name of Newegg Inc. 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.
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 Disptach 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 the “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
All prices are displayed in Euros. All prices are inclusive of legally applicable VAT.
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.
All pricing is subject to change, and Newegg reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes and other extenuating circumstances.
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, and Newegg makes no warranties or representations as to the website’s accuracy. 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 Poland 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 [link] which applies to products sold by Newegg. In addition to your 30-days returns guarantee, customers in the European Union are entitled to a statutory withdrawal right. Details of this statutory right and an explanation of how to exercise it are provided in the order confirmation e-mail and in the Returns Policy (link).
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 LIABILITY; EXCLUSIONS
Newegg and its affiliates will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed. Newegg’s maximum liability whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to Newegg in respect of the products in question.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or willful misconduct.
Newegg excludes all representations, warranties, conditions and terms, whether express or implied by statute, common law or otherwise, to the fullest extent permitted by law. For products not manufactured by Newegg, the only warranty shall be the current warranty provided by the manufacturer of the product, and Newegg shall not be responsible for any term, representation or warranty given by such manufacturer. Newegg shall not be liable to any person for any loss or damage which may result from the use of or reliance on any content or information displayed on the website, except to the extent required by applicable law.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, we will not charge you for the products until they are dispatched and you may cancel your order at any time prior to dispatch.
7 APPLICABLE LAW
These conditions are governed by and construed in accordance with the laws of Poland, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. Both Newegg and you agree to submit to the non-exclusive jurisdiction of the courts of Poland, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Sale in the EU country in which you live.
8 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. 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).
9 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.
We do not sell products for purchase by children. We sell children's products for purchase by adults. If you are under the age of majority pursuant to applicable law, you may only use Newegg.com with the involvement of a parent or guardian. If you order a product to which a minimum age requirement applies, by ordering that product you confirm that you and, if different, the recipient of the product, are of the required age necessary to buy that product.
12 NEWEGG CONTACT INFORMATION
Newegg.com is the trading name of Newegg Inc. Our contact details are:
Newegg Inc., 16839 E. Gale Avenue, City of Industry, California, U.S.A. 91745
13 PRIVACY AND COMMUNICATIONS
We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contract purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your order. You may be required to provide a valid phone number while placing an order with us.
14 ENTIRE AGREEMENT
These Conditions of Sale and Additional Terms constitute the entire agreement between Newegg and you and supersede any and all prior arrangements, terms, conditions, warranties and/or representations between Newegg and you relating to the subject matter of any contract to the fullest extent permitted by law.
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.