Store Terms of Sale (Hardware)
These terms of sale set forth the legal agreement between you (“You”) and New Matter, Inc. (“Company”, “We” or “Us”) with respect to all user (“You”) purchases of hardware and accessory products (“Products”) at the New Matter Store (the “Store”)
If you are interested in the terms for purchases of design files from the Store in our design marketplace, please see our Design Store Terms of Service.
We strive to communicate accurate pricing and product information but will not be held responsible for any pricing, typographical, or other errors in such communications. Your order is subject to cancellation by Us in our sole discretion. Unless otherwise agreed to by Us, payment must be received by Us prior to our shipment an Order. We may process payment for and ship parts of an Order separately.
2.1 Order Acceptance. “Order” means an accepted order placed through this website (or if made available, Orders accepted by fax or email communication with us), and confirmed by Company by email. You will receive notification of acceptance via email to the email address you provide when submitting your Order. We reserve the right to decline or cancel Orders at any time. We assume no responsibility for issues resulting from such declines, cancellations, or email notification failure.
2.2 Order acceptance and cancellation. We begin processing accepted Orders immediately and You may not be unable to cancel once you have received an Order confirmation. If you change your mind prior to in process for shipment, you can follow the instructions online for cancellation. There are no cancellations once the Product is processed for shipment. If an Order is processed in error, contact our customer service for instructions.
2.3 Not for Resale. Products acquired by You via our website are solely for Your personal use and not for immediate resale or sub-licensing. Please note that Company’s warranty only applies to the original purchaser and resold products will not have any warranty support.
Payment options will be made available when you order; We currently accept credit cards. Order costs will be charged to your account upon acceptance.
Products may be returned within 30 days of the date you receive the Product. Products can be returned to Us only if You purchased the Products at Our Store on this website. Before you attempt to return, You must contact us directly to obtain a Return Material Authorization Number to include with your return. If you bought a Product at another online seller or any retail store, you must seek to return where the Product was originally purchased.
You must return qualifying Products to us in their original or equivalent packaging, along with their included accessories and packaging. You are responsible for charges, and bear the risk of loss for returning or exchanging Products. A 15% restocking fee will apply. Company is not responsible for Products that are returned without following our instructions, or are lost, damaged, modified or otherwise processed for disposal or resale. At Company’s discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing, or missing parts. Your refunded amount will be made based upon the original payment method. Shipping charges are not refundable.
The Store currently ships Products within the 50 United States and the District of Columbia. For your protection, a signature may be required for most deliveries. We do not allow address changes after an Order has been accepted.
Shipping and delivery dates are estimates only. If We are unable to ship Product in the time frame indicated with your Order, We will notify you. Your Order might take longer to process if you have ordered one of the most popular products or if your Order contains a part that is currently unavailable or our inventory has been depleted.
7. SHIPPING CHARGES; TAXES.
Shipping, handling and tax are additional unless otherwise expressly indicated at the time of sale. Unless you provide Us with a valid and correct tax exemption certificate applicable to your purchase of Products and the Products ship to such location, You are responsible for sales and other taxes associated with the Order. Your Order will indicate taxes charged. We reserve the right to correct pricing errors that may inadvertently occur.
8. TELEPHONE COMMUNICATIONS.
Telephone communications with Us, including calls with any of our agents or independent contractors, are routinely monitored and/or recorded. You expressly consent, on behalf of yourself and other users of your phone number, to being monitored or recorded. By providing us with a phone number (including mobile) as your contact number, you expressly authorize us to contact you regarding your account for non-telemarketing communications, via text message or telephone, including the use of prerecorded or auto-dialed calls, using that number.
THE LIMITED WARRANTIES APPLICABLE TO NEW MATTER-BRANDED HARDWARE PRODUCTS CAN BE FOUND IN THE DOCUMENTATION NEW MATTER PROVIDES WITH THE PRODUCT. NEW MATTER MAKES NO OTHER WARRANTIES FOR NEW MATTER-BRANDED PRODUCT, EXPRESS, IMPLIED, OR STATUTORY. COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON-INFRINGEMENT. NEW MATTER MAKES NO WARRANTY WHATSOEVER FOR SERVICE, SOFTWARE, MAINTENANCE OR SUPPORT OR FOR NON-NEW MATTER BRANDED PRODUCTS (INCLUDING ACCESSORIES).
10. LIMITATION OF LIABILITY.
COMPANY DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. IN NO EVENT WHATSOEVER SHALL COMPANY, ITS AFFILIATES, OR SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY’S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, IN ALL CASES, IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF ANY PRODUCTS, COMPANY IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. SOME JURISDICTIONS MAY NOT ENFORCE ALL OF THESE LIMITATIONS, AND ONLY THE LIMITATIONS THAT ARE LAWFULLY APPLIED TO YOU IN YOUR JURISDICTION WILL APPLY
11. NOT FOR RESALE OR EXPORT. You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying for your own internal use only, and not for resale or export. Products, which may include technology and software, are subject to U.S. export laws as well as the laws of the country where it is delivered or used. Products may not be sold, leased or transferred to restricted countries, restricted end users or for restricted end uses. You agree that Products purchased from Company will not to be used for activities related to weapons, terrorism, violence, crimes, or any violation of law including intellectual property rights of others. You further agree that you will not sell, lease or otherwise transfer Products to end users engaged in these activities.
12. GOVERNING LAW. The Agreement is governed by California law, excluding its choice of laws principles. The exclusive venue for any litigation arising from or related to the Services shall be the courts of Los Angeles County, California.
Dated September 2015