Terms and Conditions of Sale

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

This Agreement contains the terms and conditions that apply to your purchase from MegaZega.com. By placing an order to MegaZega.com., Customer acknowledges reading, understanding, and agreeing to be bound by these terms and conditions ("Terms and Conditions of Sale") without limitation or qualification. These Terms and Conditions of Sale are subject to change without notice or obligation at any time, at the sole discretion of MegaZega.com.

Other Documents
These Terms and Conditions of Sale may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement, or amend this document to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and MegaZega.com.

Inspection of Goods Upon Receipt
We are committed to exceeding ICC standards in the packaging of all products to eliminate damage in transit whenever possible. Regardless of how well a product is packed, damage does occur occasionally. When damage does occur, it is often frustrating, time consuming and expensive. Our policy is designed to minimize these problems for you. Please follow the below guidelines when you receive your order.

Upon Delivery

    1.Carton Inspection – If damage is visible or you notice any sign of possible damage (i.e. crushed corners, dented/torn cartons, etc.), notify driver and ask to document it.
    2.Immediately after delivery, open all cartons and inspect for concealed damage.

Upon Noting of Concealed Damage
    1.Report all damages to MegaZega.com by email to Support@MegaZega.com. Be sure to include the following:
      a) Order #
      b) Name of Purchaser
      c) Date of Delivery
      d) Item(s) Damaged
      e) Description of Damage
      f) Contact Email and Telephone Number
    2.No claim will be allowed after 15 days of receipt of product, according to ICC regulations.
    3.MegaZega.com will notify you as soon as possible regarding the damage claims.

Order Acceptance Policy
Customer's receipt of an electronic or other form of order confirmation does not signify MegaZega.com's acceptance of Customer's order, nor does it constitute confirmation of an offer to sell. MegaZega.com reserves the right at any time after receipt of Customer's order to accept or decline the order for any reason, including but not limited to the unlikely event of MegaZega.com's business or the business of MegaZega.com's suppliers, being interrupted due to a strike, labor disturbance, lockout, riot, fire, act of God or the public enemy, or any other cause which is beyond the reasonable control of MegaZega.com. MegaZega.com reserves the right at any time after receipt of Customer's order, without prior notice, to supply less than the quantity ordered of any item. Customer agrees to waive any damages incurred upon MegaZega.com's cancellation of all or any portion of any order, except for a purchase price adjustment equal to the unit price of the canceled portion of the order. MegaZega.com reserves the right to require additional verification or information before accepting any order. MegaZega.com is a reseller to end user customers and does not accept orders from, exporters, wholesalers, or other customers who intend to resell the products offered by MegaZega.com. MegaZega.com does not accept orders to be shipped outside of the United States.


Invoice and Payment Terms
Terms of payment are within MegaZega.com's sole discretion. To purchase any goods and/or services on our Site, you must be at least eighteen (18) years of age or the applicable state age of majority. Prior to the purchase of any goods or services on our Site, you must provide us all required information to process your payment through one of the several methods of payment accepted at MegaZega.com. By submitting that information to us, you hereby agree that you authorize us to charge your card or any other method of payment at our convenience but within thirty (30) days of such authorization.


Payment Methods
Payment for the goods sold hereunder will be made by credit card or by other means provided at MegaZega.com. Credit Cards: MegaZega.com accepts Visa, MasterCard, and American Express (each of which may be removed or new forms of payment may be added by MegaZega.com in its sole discretion). There is no surcharge for credit card purchases. (Please be sure to provide your exact name, billing address and telephone number as they appear on your statements. Incorrect information may cause a delay in processing your order.)

If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT MEGAZEGA.COM, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify MegaZega.com of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If MegaZega.com does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by MegaZega.com or its agents. You are responsible for paying any late fees that we may assess.


Shipping Policy
MegaZega.com will use its best efforts to obtain supplier deliveries in time to meet Customer's requirements. Under no circumstances is MegaZega.com responsible for any manufacturing or shipping delays, regardless of their cause. Due to shipper restrictions, delivery is not available to post office boxes. All shipments are subject to stock availability. 

Prices and Taxes
MEGAZEGA.COM RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU. All prices are quoted in US Dollars. All sales and use taxes (if any) and surcharges (if any) will be charged in addition to the purchase price.


No Responsibility To Sell Mispriced Products Or Services
MegaZega.com shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. MegaZega.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, MegaZega.com shall immediately issue a credit to your credit card account in the amount of the charge.

Return Policy
You can return any purchases made through Megazega.com provided you satisfy the following requirements: 

    1. Item you are returning is not made to special order or custom specifications.
    2. All items must be in "as-new" resalable condition, in original packaging, and with all warranty cards, manuals, and accessories.
    3. Must be returned within 15 days of receipt .

In addition to the above, you agree that: 

    1. All freight/shipping charges to return a product is your responsibility and must be prepaid.
    2. A 20% restocking fee calculated on the total price that is paid for the merchandise returned will be deducted from the refund.
    3. Shipping and handling charges on your original order are not refunded.

If you need to return an item and satisfy the above requirements, you should notify Megazega.com via email at support@megazega.com (or by submitting a request online by logging into your account) with your order number, item number, quantity, description and a detailed reason for return. 

After receiving your request for return, if it is approved, you will be provided a return authorization number. The RA number should be clearly marked on the return carton. Any return shipment that contains cartons that do not have the return authorization number clearly marked on them or return shipments that are not prepaid, will be refused by dock personnel. 

MegaZega.com will issue the refund once the item has been received by the manufacturer and approved per the above conditions. Please allow up to 4-6 weeks for the credit to be issued. MegaZega.com will notify you upon successful completion of refund.

Disclaimer as to Products Sold
All products sold hereunder are guaranteed against manufacturer defects for 30 days from the invoice date. EXCEPT AS EXPRESSLY STATED HEREIN, MEGAZEGA.COM MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY NATURE WHATSOEVER WITH RESPECT TO PRODUCTS SOLD HEREUNDER, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER AGREES THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO MEGAZEGA.COM ARISING FROM ANY PRODUCT SOLD HEREUNDER SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL MEGAZEGA.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES RELATED TO PRODUCTS SOLD HEREUNDER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MEGAZEGA.COM HAS NOT REPRESENTED THAT THE ANTICIPATED USE OF ANY GOODS SOLD HEREUNDER IS IN COMPLIANCE WITH BUILDING, FIRE, OR OTHER APPLICABLE SPECIALTY CODES.

Title, Risk of Loss, and Security Agreement
Your order will be deemed accepted by MegaZega.com upon shipment of products or performance of services that you have ordered, or upon the completion of the license and delivery of a Digital Download, as indicated by our servers. Title to goods passes to you upon delivery to the common carrier. We may require additional verifications or information before accepting any order. Loss or damage that occurs during shipping by a carrier selected by MegaZega.com is MegaZega.com's responsibility, provided goods were inspected at time of receipt and any damage noted as stated above. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Customer agrees to grant MegaZega.com a security interest in all goods sold hereunder. Customer consents to the use of these Terms and Conditions of Sale as a Financing Statement. All goods sold hereunder shall remain at the place of delivery under Customer's ownership and free from all liens until the purchase price is paid in full. If the purchase price is not paid as agreed, MegaZega.com may require Customer to ship the goods back to MegaZega.com’s specified location.

Typographical Errors
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, MegaZega.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. MegaZega.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and/or Customer's credit card has been charged. If Customer's credit card has already been charged for the purchase and the order is canceled, MegaZega.com shall immediately issue a credit to the credit card account in the amount of the incorrect price.

Jurisdiction and Venue
Customer agrees that any legal action brought against MegaZega.com shall be governed by the laws of the State of Florida without regard to its conflict of law principles. Customer agrees that the sole jurisdiction and venue for any litigation arising from the use of, or orders made on, the MEGAZEGA.COM site shall be an appropriate federal or state court located in Florida.

Severability
If any provision contained in this Agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this Agreement.

Headings
The section headings used herein are for convenience of reference only and do not form a part of these Terms and Conditions of Sale, and no construction or inference shall be derived therefrom.


Last revised June 25, 2007

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