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Terms of Use Agreement

Welcome to TekGalaxy.com. We maintain this web site as a service to our customers. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not review information or obtain goods or products from this site.

1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

2. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

3. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

4. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

5. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

6. Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.

7. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.

8. Use of Information. We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.11. Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this Agreement.

9. Payments. You represent and warrant that if you are purchasing something from us  that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes. Any change of credit card after the initial transaction has already taken place, will incur a change of transaction fee of up to 7%.

10. Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

11. Copyrights and Copyrright Agents. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached at webmaster@tekgalaxy.com.

12. Information and Press Releases. The Site contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

13. Miscellaneous. This Agreement shall be treated as though it were executed and performed in Las Vegas, NV, and shall be governed by and construed in accordance with the laws of the State of Nevada (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8 and Section 10. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Las Vegas, Nevada. You expressly submit to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

14. Pricing, Availability and Product Pictures. Prices and availability are subject to change without prior notice.  If an item's correct price is greater than our listed price, we may, at our own discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Although Technology Galaxy does its best to stay current, product pictures may not be representative of actual item being sold.  Products are based on the manufacturer part number they represent.  Pictures may sometimes show an item in a different color or quantity than the part number actually represents.  Product pictures are meant to give the customer an "idea" of the product and are not to be used solely to identify or be an actual representation of the product.

15. Return Policy. Technology Galaxy follows a general 15-day return policy for “returnable” items.  It is the customer’s responsibility to obtain an email from Technology Galaxy, stating the return policy of an item, prior to purchase.  Technology Galaxy does NOT and CANNOT accept RA# requests beyond 15-days from shipment date.  Technology Galaxy bases its return policy on that of the manufacturer or Distributor of the item.  Because of this, our return policies are subject to change at any time and without prior notice, in order to stay consistent with the manufacturer or Distributor.  In order to return an item, customers must obtain an RA# (Return Authorization Number) as well as the proper "Ship To" address.  Returns information may be obtained by sending an e-mail to support@tekgalaxy.com.  A return request must be approved by Technology Galaxy and the item shipped to the address specified in the Return Authorization.  Approved returns are classified as defective or non-defective and abide by the following terms:

Defective items:  Depending on the nature and extent of the problem, all defective items will either be replaced by Technology Galaxy directly, or the customer will be referred to the original manufacturer. Should Technology Galaxy accept the defective return, a replacement item will be shipped to the customer after the defective item is received, inspected and approved by Technology Galaxy.  If the customer requests an immediate shipment on the replacement item, Technology Galaxy will charge them the full amount, including shipping.  The customer will then be refunded the cost of the defective item minus original shipping charges, after the defective item is received, inspected and approved by Technology Galaxy.  If a refund is requested on a defective item, the customer will be refunded the original cost of the defective item, minus shipping and a 15% restocking fee.  It is the customer's responsibility to return the item to the address specified by Technology Galaxy in the Return Authorization, at the customer's expense.  Technology Galaxy is not responsible for any charges incurred by the customer in returning an item.

Non-Defective items:  Upon Technology Galaxy approval, non-defective items may be returned for an exchange, store credit, or refund.  All approved, non-defective returns will be charged a 15% restocking fee.  The customer will be refunded the original cost of the item, minus shipping and a 15% restocking fee.  It is the customer's responsibility to return the item to the address specified by Technology Galaxy in the Return Authorization, at the customer's expense.  Technology Galaxy is not responsible for any charges incurred by the customer in returning an item.

In order to expedite the returns process, please be sure to include the following items in your email:

  1. Invoice #
  2. Company Name (if applicable)
  3. Contact person
  4. Please provide the Part Number as well as the quantity of all items returned.
  5. Reason(s) for return or exchange.
  6. If the item is defective, please provide a detailed explanation of the problem.
  7. Indicate whether or not the package has been opened.
  8. If the package has been opened, indicate if you have the original manufacturer's box that the item(s) were shipped in?
  9. If returning a defective item, indicate whether you would like a replacement or refund.
The response time for RA# requests typically takes 24-48 hours.  Technology Galaxy will not accept any return item(s) not in their original manufacturer's box.  Should the customer not have the original box and packaging materials, it is their responsibility to obtain such items from the manufacturer at their own expense.   After obtaining the RA# and shipping address, please take the following steps:
  1. Package the ordered item(s) securely in their original box, along with all packaging materials.
  2. DO NOT write on the box itself.  Shipping labels MUST be used.
  3. Write the proper shipping address on the self-provided labels.  Remember, returns without an RA# will NOT be accepted.  
  4. Please include your full name, address, and RA# on the return label.  The RA# must be written on the shipping label above the returns warehouse address.  
  5. Ship return item(s) via UPS, FedEx, or other third-party carrier that utilizes a tracking system and offers insurance on shipped items.  Obtaining insurance from the carrier for the value of the item(s) in the package is recommended.  Technology Galaxy is not responsible for any lost return items/packages or any other damage that results from shipment to our returns warehouse.  The customer must obtain and keep their tracking# in a safe place until the return item(s) is/are received by our returns warehouse.
  6. After the RA# is issued, the item(s) must be returned within 15 days from the date of issuance.  Returns will NOT be accepted after the 15 day window from the date the RA# was issued.
16. Refusal of Package. An order cancellation may not take place on an item that has already shipped. If a customer places an order and then refuses the package, a 15% restocking fee will apply. The customer will then be re-credited for the return item(s) less a 15% restocking fee and any shipping fees associated with the return(s). 

17. Discontinued and phased-out items. Returns on discontinued or phased-out items will NOT be accepted.  Return requests may only be submitted for active items. 

18. Purchase of non-returnable items. Technology Galaxy does not accept any returns on (including but not limited to) non-defective, non-factory sealed memory modules, Laptops, Desktops, CPU's, other types of processors, laptop carrying cases/portfolio cases, laptop accessories, certain model scanners (such as Canon, Kodak and Panasonic), scanner accessories, certain model projectors, UPS accessories, cables, camera accessories, print supplies, printer accessories, processors, motherboards, keyboards, mice, modems, media, adapters, software, monitor accessories, storage accessories, hard drives, video cards and discontinued items. Certain items may only be exchanged or returned via the manufacturer, defective or non-defective: This includes but is not limited to Panasonic and Canon Scanners, HP Printers, certain model laptops such as Lenovo, as well as discontinued products. Contact Technology Galaxy to verify the return policy of an item, prior to purchasing. It is the responsibility of the customer to obtain an email from Technology Galaxy, stating the return policy of any item they wish to order, prior to placing the order. To submit a return request for the above-mentioned items, the item(s) MUST be unopened and factory sealed.

19. RA#'s issued for defective items or factory-sealed items. If Technology Galaxy finds a defective return to be non-defective, the item will be shipped back to the customer at their expense. The same rule applies to RA#'s issued for factory-sealed items. RA# will only be issued for items that are unopened and still in their original packaging and seal.  If Technology Galaxy receives such an item and finds that it was previously opened, the item will be returned to the customer at their expense. Item(s) will not be returned to the customer if the customer refuses to provide payment for the shipping fees to have the item(s) shipped back to their address. If the customer refuses to provide payment for shipping fees to have the item(s) shipped back to their address,then the customer agrees to surrender all right and title to and give up all claims against Technology Galaxy for credit related to the unauthorized return item(s). 

20. Customer Shipping Account Numbers. Technology may use customer/end-user shipper account numbers at the request of the customer. Such shipper account usage will be at the sole discretion of Technology Galaxy. Technology Galaxy cannot be held liable for any shipping costs associated with shipments shipped via a customer's shipper account number. Type of packaging and amounts of goods packaged in a box are at the sole discretion of our third party distributors and thus, Technology Galaxy cannot be held liable for such shipping costs incurred as a result of our third party distributor's packing methods. All shipping fees that are unbillable to the account provided by the Customer, will be billed to the Customer separately, by Technology Galaxy. Any unpaid shipping balance is due immediately upon receipt of invoice from Technology Galaxy.

21. Carrier Non-Shipment/Return, Lost or Damaged Items. Orders returned or unshippable by the carrier shall be rerouted (to address provided by customer) or returned to Technology Galaxy. All shipping charges incurred for reroute or returned packages shall be charged to the customer. Losses or damages resultant from third party carriers will be replaced or refunded pending a claim settlement by Technology Galaxy with the third party carrier, for the lost or damaged item(s). Should the claim be rejected by the third party carrier, no replacement or refund would be issued by Technology Galaxy.

22. Prior Authorization. Technology Galaxy will not accept any return items without prior authorization. YOU MUST FIRST OBTAIN AN RA# TO RETURN AN ITEM. If Technology Galaxy receives an unauthorized return, the item will be returned to the customer at the customer's expense and the customer will be charged a $55 processing fee per shipment returned. If the customer refuses the package with the unauthorized return items or if the customer returns the item(s) to Technology Galaxy the second time without prior authorization, then the customer agrees to surrender all right and title to and give up all claims against Technology Galaxy for credit related to the unauthorized return item(s).



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