iDevices, LLC ("iDevices") sells certain iDevices and third party products via its Website (collectively, "Products").
You wish to purchase and operate Products. You understand that the terms and conditions set out in this iDevices Terms of Sale (the "Agreement") apply to any such purchase.
1. Acceptance of Agreement. You accept this agreement by (i) clicking "I accept" on the iDevices Website in connection with your order; or (ii) using the Product(s). There is no right or permission to operate, or use the Product(s) unless and until a Licensee accepts the terms and conditions of this Agreement as to such Product(s).
2. Payment. Pricing for the Product(s) are posted on the page for the Product from which you placed your order, in addition to any applicable taxes indicated at the time of purchase or assessed thereafter("Purchase Price").
2.1 Your Authorization. By providing your credit card information, you (i) agree to pay the corresponding charges and authorize iDevices to charge such fees to the credit card provided by you at the time of purchase, (ii) represent and warrant to iDevices that the credit limit for the credit card you provided is sufficient for the applicable charges, and (iii) you agree to be liable for all amounts set forth at the time of purchase (regardless of whether the credit limit for the credit card you provided is sufficient for each of the above charges). In the event that the credit limit for the credit card you provided is not sufficient for the charges or such credit card is cancelled , revoked or suspended before full payment is made, you agree (i) to provide iDevices with an alternative credit card and hereby authorize iDevices to charge the amount remaining due from you to such alternative credit card.
2.2 Fees and Payment. Although some of our services are currently free to users, iDevices reserves the right to require payment of fees for certain or all services. You agree to pay all applicable fees identified by iDevices as applicable to the services selected by you. iDevices reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the iDevices website. Your use of the services following such notification constitutes your acceptance of any new or increased charges. Any fees paid hereunder are non-refundable.
3. Delivery. Upon initial payment by you, we will process and ship your order within the time frame we specify at the time of purchase (the "Ship Date"). We will use reasonable efforts to timely notify you of any delays in the Ship Date.
4. Intellectual Property Notices. You shall not remove or obscure any copyright, trademark, patent or other proprietary rights notice present on or displayed by or on the Product(s).
5. Limits On iDevices‘s Warranty Obligations. EXCEPT FOR ANY EXPRESS WARRANTY THAT IDEVICES OR THE THIRD PARTY MANUFACTURER OF THE PRODUCT(S) PROVIDES IN CONNECTION WITH A SPECIFIC PRODUCT (IF ANY), YOU TAKE THE PRODUCT(S) "AS IS." IDEVICES MAKES NO OTHER WARRANTY OR REPRESENTATION CONCERNING THE PRODUCT(S), AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OF WHATEVER KIND OR NATURE, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
6. Limitations on Liability. ANY EXPRESS LIMITED WARRANTY PROVIDED FOR A SPECIFIC PRODUCT IS IN LIEU OF ALL OTHER RIGHTS AND REMEDIES, AND IDEVICES SHALL NOT BE RESPONSIBLE OR LIABLE FOR DAMAGES OF ANY KIND, INCLUDING (i) DIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, AND SIMILAR DAMAGES, (ii) LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA, (iii) DAMAGES ARISING FROM ANY TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE) OR FAULT COMMITTED BY IDEVICES, ITS AGENTS, OR EMPLOYEES, OR (iv) ANY INDIRECT, CONSEQUENTIAL LOSS OR OTHER DAMAGE HOWSOEVER CAUSED INCLUDING DAMAGE RESULTING (a) FROM THE PURCHASE, USE, OR MISUSE OF THE PRODUCT(S), (b) FROM ANY INABILITY TO USE THE PRODUCT(S) OR OTHER ASSOCIATED EQUIPMENT, OR (c) FROM THE COST OF SUBSTITUTE EQUIPMENT. Some States do not allow limitations on how long an implied warranty lasts, and do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
7. Indemnification . If the Product(s), or any part thereof, is, or in the opinion of iDevices may become, the subject of any claim for infringement of any third party patent, then iDevices shall be entitled, at its option and expense, to either (i) procure for Licensee the right from such third party to use the Product(s); (ii) replace or modify the Product(s) or parts thereof, with other suitable and reasonably equivalent technology so that the Product(s) becomes non-infringing; or (iii) if it is not commercially reasonable to take the actions specified in items (i) and (ii) immediately preceding, terminate this Agreement. THE FOREGOING PROVISIONS OF THIS SECTION 7 STATE THE ENTIRE LIABILITY AND OBLIGATIONS OF IDEVICES TO YOU WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS BY THE PRODUCT(S).
You agree to defend, indemnify and hold iDevices and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of this Agreement or from your negligent or willful misuse of the Products.
8. Return Policy. Returns are not accepted after 30 days from the date of purchase. Please do not contact our customer support team requesting returns more than 30 days from the original purchase date. Our customer support team is unable to facilitate a return for refund under any circumstances after 30 days. If a product purchased through our online store does not meet your expectations, you may contact us to facilitate a return for refund within 30 days of purchase. The date on your sales receipt is the date of purchase unless otherwise informed. You will be refunded by the same method in which you paid. After 30 days, please refer to our warranty policy for product and service issues. Returned products must be new, unused, and contain all original packaging and accessories (including all warranty cards and product manuals/instructions). Any product that has been misused or that shows any signs of extensive use will not be returned or exchanged. Original shipping and handling charges will not be refunded. You are responsible for all shipping charges except in the case that the return is the result of our error. All returns will be subject to a 15% restocking fee due to the costs associated with processing and handling returns. If you would like to return your purchase, please contact our customer support team by clicking Submit a Request in our Help Center We will work with you through all of the necessary steps in returning your product, and issue you a Return Merchandise Authorization (RMA). Unauthorized returns or returning a product to us that is not in resalable condition risks forfeiture of product. We are not responsible for return shipments lost in transit. We are unable to issue refunds or accept returns for products purchased from a retail store. Our customer support team can only assist with purchases made through our online store. For any questions or possible returns you have, please contact or return to the store where you originally made your purchase.
9. Holiday Return Policy. Items shipped by iDevices between November 1 and December 31 of a given year, may be returned until January 31 of the following year for a refund, subject to our other return guidelines listed above.
10. Cancellation Policy. Order details cannot be altered or canceled once an order is submitted. Contact Customer Support at Support@iDevicesinc.com or call 888-313-7019 during normal business hours Monday-Friday 9am-9pm EST, Sat 11am - 7pm EST if you have any questions.
11. Shipping Policy. Orders placed on a business day (Monday-Friday) generally ship within 1-2 business days. Orders processed on the weekend will ship on Monday or Tuesday, depending on our volume. Business days do not include weekends or US holidays. Once shipped, iDevices is not responsible for delays caused by our shipper, weather or other factors due to shipping.
iDevices is not responsible for any VAT, Customs Fees or International Taxes incurred after purchase of merchandise from our online store. Any orders placed on our online store, can only be shipped to the following countries:
13. Free Shipping Policy. iDevices provides free shipping within the Continental United States. Your order will be delivered within 3 - 8 business days after your item ships. We reserve the right to change or discontinue our Free Shipping Policy at any time.
14. Preorder Policy. By placing a preorder with iDevices you reserve your product(s) and have priority above all other orders that are placed afterward. You can cancel your preorder within 10 days of ordering if you decide to change your mind. To ensure you receive your product(s) as soon as they become available, your credit card will be charged once you place an order with a pre-order item. If you are placing an order with a pre-order item and a product that is in-stock, your order will ship when the pre-order item is available.
15. Discard Of Recalled Items. By completing a Recall Form on the iDevices website you agree that you have discarded your affected items and they will no longer be in use. iDevices is not responsible for the misuse of recalled items once you complete a Recall Form.
16. General. This Agreement shall be governed by the laws of the State of Connecticut, without reference to conflict of laws principles. Any dispute or claim arising out of or in relation to this Agreement, or the interpretation, making, performance, breach or termination thereof shall be resolved exclusively by the courts located in the judicial district where iDevices Incorporated resides. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between iDevices and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.