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Terms of Sale
Version: 10/09/2009


PLEASE READ THESE TERMS AND CONDITIONS VERY CAREFULLY.

BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY NIGHTKINGDOMS LLC OR ON ANY ELECTRONIC SITE WHERE A LISTING SPECIFYING THIS DOCUMENT AS PART OF THE TERMS OF SALE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.


Acceptance of Orders
Backorders
Copyright
Links & Web Sites
Payment Methods
Credit Cards
Checks & Money Orders
Privacy Policy
Product Pricing
Refurbished Merchandise
Return Policy
General Return Policy
Return of Defective Products
Return of Non-Defective Products
No Return of Custom Orders/BTO Products
Cancellation of Order / Refusal of Shipment
Return of Products Instructions
Service & Support
Shipping
Tax
Typographical Errors
Accuracy of Information and Disclaimer of Warranty
Warranties
Manufacturer Warranties
Warranty Disclaimer

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ACCEPTANCE of ORDERS

Your receipt of an electronic or other form of order confirmation from NIGHTKINGDOMS LLC does not constitute an acceptance of your order, nor does it provide confirmation of our offer to sell. NIGHTKINGDOMS LLC reserves the right, at any time after receipt of your order and without prior notice to you, to supply less than the quantity you ordered of any item. NIGHTKINGDOMS LLC may require additional authorizations, verifications or other credit information before accepting any order. NIGHTKINGDOMS LLC reserves the right to accept or decline any order for any reason.

BACKORDERS

At NIGHTKINGDOMS LLC, we automatically update our on-line store so that we may offer to our customers the most up-to-date products available. Even though our site carriers over 100,000 items, due to the popularity of some products, we may not always have an item in stock. We have included product availability information on our product pages so that you will know if the item is currently available. NIGHTKINGDOMS LLC will accept orders for out-of-stock items to ensure that you will be the first to receive the product once it becomes available. If your order is not in stock, the product will be placed on backorder and shipped when the item is available. You may cancel a backorder at any time prior to shipping by calling our Customer Service number.

COPYRIGHT

All information appearing on NIGHTKINGDOMS LLC's web site is protected by international copyright laws and treaty provisions. All rights not expressly granted herein are reserved. The copyright on such information and content is held either by NIGHTKINGDOMS LLC or by the original creator of the information. None of the information or content may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any form or by means other than those described by NIGHTKINGDOMS LLC or with NIGHTKINGDOMS LLC's prior written permission. Any unauthorized use of information appearing on NIGHTKINGDOMS LLC's web site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

LINKS & WEB SITES

Certain links will allow you to leave NIGHTKINGDOMS LLC's web site. NIGHTKINGDOMS LLC makes no representation about or accepts any responsibility for content, electronic links or software problems on manufacturers' web sites. The linked sites are not under the control of NIGHTKINGDOMS LLC, and NIGHTKINGDOMS LLC is not responsible for any linked site or any link contained in a linked site, or any changes or updates to such sites. NIGHTKINGDOMS LLC is not responsible for webcasts or any other form of transmission received from any linked site. NIGHTKINGDOMS LLC provides links only as a convenience, and the inclusion of any link does not imply endorsement by NIGHTKINGDOMS LLC.

PAYMENT METHODS

Credit Cards

We accept major credit cards including Visa, MasterCard, Discover and American Express. There is no surcharge for using your credit card to make purchases with NIGHTKINGDOMS LLC. Please be sure to provide your exact billing address (as listed by the issuing bank) and telephone number. Incorrect information may cause a delay in processing your order. The charge on your credit card will be processed at the time your purchase is ready for shipment.



Checks & Money Orders

NIGHTKINGDOMS LLC accepts money orders, cashier’s checks, personal checks, and company checks in U.S. Dollars only. Orders are processed upon receipt of a money order or cashier’s check. For personal and company checks, please allow up to 10 banking days after receipt for clearance of funds before the order is processed. NIGHTKINGDOMS LLC cannot guarantee the availability of a product or price by the time funds clear or payment is received. A $25 fee is charged on all returned checks.

Instructions for paying by cashier’s check/money order. The product will be shipped when the check has cleared. Print your NIGHTKINGDOMS LLC order form and send it with your payment to:

NIGHTKINGDOMS LLC
Order Processing
5025 N Central Ave, Ste. 436
Phoenix, AZ 85012

Note: Please make sure your NIGHTKINGDOMS LLC order number is written on all payments. We also suggest sending the payment to NIGHTKINGDOMS LLC by Federal Express, UPS, or other carrier which tracks its deliveries to ensure delivery. Saturday Delivery will not be accepted.

Damaged Merchandise

If a product appears to be damaged at the time of delivery, it is best to REFUSE it back to the carrier attempting delivery. If you accept the damaged package make sure it is noted on the carrier's delivery record in order for NIGHTKINGDOMS LLC to file a damage claim. Save the merchandise AND the original box and packing it arrived in. Notify NIGHTKINGDOMS LLC immediately to arrange for a carrier inspection and a pick up of damaged merchandise. If you do not notify NIGHTKINGDOMS LLC of damaged goods within 15 days of delivery, our regular return policy will override any claim of damage, and the product will fall under all current manufacturer restrictions.

Product Pricing

All Prices are subject to change without notice and will be established at the time of order acceptance by NIGHTKINGDOMS LLC. Order acceptance and sale by NIGHTKINGDOMS LLC occurs at the time of shipment. Prices for backordered products are not guaranteed.

Refurbished Merchandise

Although the great majority of products sold at NightKingdoms LLC are brand new and factory-sealed products, NightKingdoms LLC also offers some factory refurbished merchandise to its customers.  These products are usually priced lower than their brand new counterparts and fall under different return and warranty rules.  As a general practice, NightKingdoms LLC attempts to verify with all customers who order refurbished products by email or phone that they are aware of the condition of the refurbished merchandise they are about to purchase and also are aware of the special return and warranty rules that apply to them. REFURBISHED MERCHANDISE ARE UNDER MANUFACTURERS WARRANTY FOR 30 DAYS AND CAN ONLY BE EXCHANGED IF ARRIVED DAMAGED OR DEFECTIVE.

PRIVACY POLICY

· NIGHTKINGDOMS LLC respects your privacy and values your trust in us. We strive to earn your confidence so that you can enthusiastically use our services and recommend us.

· NIGHTKINGDOMS LLC does not secretly collect information from visitors to our web site. We do not sell, rent or barter mailing lists of our customers who have opted to be excluded from such transactions.

· We do not reveal a customer's name or address to any promotional partner unless the customer affirmatively responds to the promotional offer.

· We do collect and store the names, addresses, credit card numbers and other personally identifying information of customers who make purchases. This information is saved in a secure off-line environment. It is used only to process purchases. At the customer's request, we will not send to the customer any information or offers unrelated to the customer's specific purchase offer.

· To provide faster, high quality service, we use "cookies" technology to reduce the time required for customers to submit purchase requests. Cookies are small bits of code, usually stored on a user's computer hard drive, which enable a web site to "personalize" itself for each user. No other company has access to our cookies.

· For all transactions, we employ reasonable and up-to-date Internet security methods and technologies.

· We may reveal general data about our web site, such as number of visitors, number of goods and services purchased, etc.



RETURN POLICY

Please contact our Customer Service Department before you make a return. No returns will be accepted without a valid accompanying authorization number and a copy of the original invoice.
NIGHTKINGDOMS LLC will not accept returns of opened software, memory, processors, custom orders or build-to-order (BTO) products.

General Return Policy

Before returning any product, you must contact our Customer Service Department within thirty (30) days of your invoice date for a Return Merchandise Authorization (RMA) number. The RMA number is good only for one (1) or more items from the same order and must match the product(s) authorized for return. The RMA is valid for ten (10) days from date of issuance. Returns will not be accepted without an RMA. Manufacturer restrictions do apply to all products. Any item missing the UPC can only be replaced with the same item. After thirty (30) days, only manufacturers’ warranties apply. NIGHTKINGDOMS LLC reserves the right not to authorize the return of products that are no longer in production, or are being produced or published by a manufacturer or publisher that is insolvent, in bankruptcy, or will not accept returns from NIGHTKINGDOMS LLC.

Software and software licensing may not be returned unless an exception is allowed by the manufacturer or the distributor of the item in question. In case of such exceptions, NIGHTKINGDOMS LLC offers only a credit or replacement on unopened items.The warranty period and service varies by manufacturer and product. Extended warranties are sometimes offered directly through the manufacturer; please contact the manufacturer if you are interested in purchasing an extended warranty that may not be available through NIGHTKINGDOMS LLC. ALL returns must be processed pursuant to the Return of Products Instructions listed below. Any deviation from these instructions could result in a delay in processing or a complete forfeiture of your credit. Defective products such as laser printers, inkjet printers, fax machines, opened software, memory and special order items may only be returned for a replacement and not for a credit. Shipping fees, minimum order fees and insurance charges are not refunded.

Return of Defective Products

A defective product can be returned within thirty (30) days of the invoice date for: credit, replacement, exchange or repair (at NIGHTKINGDOMS LLC’s discretion). If you do not wish to receive a replacement product, credit will be issued for the product only. We will not credit the shipping costs. To return a defective product, please contact our Customer Service Department for a Return Merchandise Authorization (RMA) number and follow the Return of Products Instructions below. The RMA is valid for 10 days from date of issuance. Returns will not be accepted without an RMA. Manufacturer restrictions do apply. Any item missing the UPC can only be replaced with the same item. After thirty (30) days, only manufacturers’ warranties apply.

Return of Non-Defective Products

A non-defective product can be returned to NIGHTKINGDOMS LLC within thirty (30) days of the invoice date for: credit or exchange (at NIGHTKINGDOMS LLC's discretion). All non-defective returns are subject to a 20 percent (20%) restocking fee. To return a defective product, please contact our Customer Service Department for a Return Merchandise Authorization (RMA) number and follow the Return of Products Instructions below. The RMA is valid for 10 days from date of issuance. Returns will not be accepted without an RMA. Manufacturer restrictions do apply. Any item missing the UPC can only be replaced with the same item. After 30 days, only manufacturers’ warranties apply.
Due to manufacturers' policies, products from the following brands are accepted for repair only : Apple, Compaq, IBM, and Hewlett-Packard. NightKingdoms LLC may not accept returns for exchange, replacement or credit.



No Return of Custom Orders/BTO Products

NIGHTKINGDOMS LLC does not accept returns of custom orders, build-to-order products or white boxes. Only manufacturer warranties apply to these products. If you have problems or questions regarding the return or replacement of a custom product you have received, please direct your questions to the manufacturer of the product.


Cancellation of Order / Refusal of Shipment
Once an order for any product has been processed (payment has been processed and the order placed with the supplier), a non-refundable processing fee of fifteen percent (15%) will be charged to the customer if the order is cancelled prior to being shipped or if delivery of the product is refused after the product has been shipped. This is covers incurred administrative and/or shipping fees.


Return of Products Instructions

NIGHTKINGDOMS LLC is confident in the quality of our products. If you need to return a product, please contact our Customer Service Department within thirty (30) days by e-mail or by phone at 707-969-7749. Before returning any product, you must contact our Customer Service Department within thirty (30) days of your invoice date for a Return Merchandise Authorization (RMA) number. The RMA number is good only for one (1) or more items from the same order and must match the product(s) authorized for return. The RMA is valid for ten (10) days from date of issuance. Returns will not be accepted without an RMA. Manufacturer restrictions do apply to all products. Any item missing the UPC can only be replaced with the same item. After thirty (30) days, only manufacturers’ warranties apply.

Please have the following information at hand when requesting a replacement: (refer to packing slip)

· Order Number

· Product SKU number

· Bill-to zip code

· Bill-to phone number

Please follow these instructions when sending your original item back:

· All products must be 100% complete and in original condition with all original packing material and boxes (with original UPC codes on manufacturer boxes), manuals, software, blank registration and warranty card(s) and all other accessories and documentation provided by the manufacturer.

· The RMA number must appear on your return packing label. Please do not write on the outside of the box. The RMA number is good for only one (1) item and must match the product authorized for return. Returns will not be accepted without an RMA.

· Return your package to the address given to you by the NIGHTKINGDOMS LLC Returns Department. You must send your package(s) via UPS, Federal Express, or other delivery service with tracking information. (Do not send your package(s) via the U.S. Mail.)

· NIGHTKINGDOMS LLC strongly recommends that you fully insure your return shipment in case it is lost or damaged, and that you use a carrier that can provide proof of delivery for your protection.

· You must submit tracking numbers for every package shipped to our returns department.

· Remember to include your packing slip from the original order.

· All shipping and handling on returned products must be prepaid by the customer.

· There will be a $35.00 re-box fee for products returned in a damaged box.

· Any returns sent to NIGHTKINGDOMS LLC's corporate address will not be accepted.

Note: The original item(s) must be received by our warehouse within 10 business days (two calendar weeks) of receipt of your return instructions. Any discrepancies could result in a delay or complete forfeiture of your credit.

SERVICE AND SUPPORT

All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions. NIGHTKINGDOMS LLC will provide on-line technical notes on most products as well as links to the technical support departments of the manufacturers.

SHIPPING POLICY

If an order is placed Monday through Friday (except for national holidays) before 3:00 p.m. local time of the customer (except Hawaii where orders must be placed by 3:00 p.m. PST), every attempt will be made to schedule the order for shipment the same day. There will be an automatic charge of $25.00 to your account for any shipment that is refused. Please note the following:

· NIGHTKINGDOMS LLC does NOT ship outside the United States.

· Due to shipper restrictions we cannot deliver to P.O. Boxes.

· All Shipments are subject to stock availability.

· NIGHTKINGDOMS LLC does not ship on Saturdays or Sundays.

TAX

The purchaser is responsible for all applicable federal, state, municipal and other government taxes. Unless otherwise specified, prices do not include such taxes. NIGHTKINGDOMS LLC shall withhold the applicable sales tax for orders to be delivered to addresses within Arizona. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.

The amount of tax charged depends upon many factors, including the type of item purchased, and the destination of the shipment. Sales Tax will always be calculated at the end of the checkout.

Standard Catalog
Non- Built-to-order products are subject to Sales Tax in Arizona.

Built-to-Order Products
Built-to-Order Products are subject to Sales Tax in the following states:

Systemax Products

MPC Products

Tax-Exempt Customers

To take advantage of your tax-exempt status, you will need to provide us with acceptable proof of exempt status for the state where the items will be shipped.

United States Government Purchasers

Sales tax does not apply to purchases made by the United States Government. In order to document that a sale has been made to the U.S. Government, we need to obtain a copy of one of the following:

Other exempt Purchasers
All other exempt purchasers need to provide us with a copy of a state resale certificate, exemption certificate, or other acceptable proof of your exempt status for the state where the items will be shipped.

How to submit this information
First, place your order through our Web site. After you've placed your order, please submit the necessary information by fax in order to receive a refund of any sales tax. Our fax number is 707-637-8665.

Please include the following:  

While you need to submit this information to us only once, you do need to contact us after placing each order to ensure you are refunded the tax on your purchase. However, if you submit a single-use exemption certificate, you will need to resubmit a new certificate with each order.

Effect of the Internet Tax Freedom Act
Companies selling over the Internet are subject to the same sales tax collection requirements as any other retailers. Remote sellers (including Internet retailers and catalog companies) are generally required to collect taxes where they have a physical selling presence. If they do not have any such presence, they are not required to collect sales taxes.

The Internet Tax Freedom Act (ITFA), which was signed into law on October 21, 1998, was primarily intended to prevent state and local governments from imposing new or discriminatory taxes on Internet transactions and on Internet access. Despite the name of the Act, ITFA does not preclude state and local governments from imposing existing sales tax collection requirements on companies selling over the Internet.

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, NIGHTKINGDOMS LLC retains the right to refuse or cancel any orders placed for product listed at the incorrect price. NIGHTKINGDOMS LLC 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, NIGHTKINGDOMS LLC will immediately issue a credit to your credit card account in the amount of the purchase price.

ACCURACY OF INFORMATION AND DISCALIMER OF WARRANTY
NIGHTKINGDOMS LLC has made every effort to present the content on the Web site accurately, but additions, deletions and changes may occur. Content on the Web site is provided “as is”; neither NIGHTKINGDOMS LLC nor its representatives make any representation or warranty with respect to the content.

NIGHTKINGDOMS LLC and its representatives specifically disclaim, to the fullest extent permitted by law, any and all warranties, express or implied, relating to the Web site or its content, including but not limited to, implied warranties of merchantability, completeness, timeliness, correctness, noninfringement, or fitness for any particular purpose.


WARRANTIES

Manufacturer Warranty

Product warranties, if any, are provided by the manufacturer or publisher of the products. If you are returning or replacing merchandise more than thirty (30) days after the date of invoice, you will need to contact the manufacturer directly. After 30 days, only manufacturers’ warranties apply. Manufacturers’ warranties vary on each product. Extended warranties are available directly from select manufacturers. Manufacturer information is subject to change without notice.

Warranty Disclaimer

Every effort has been made to ensure the accuracy of all information on this web site. NIGHTKINGDOMS LLC makes no warranty expressed or implied with respect to the accuracy of the information, including prices, product editorials, product specifications or advertising.

NIGHTKINGDOMS LLC expressly disclaims all warranties either expressed or implied including the warranty of merchantability or fitness for a particular purpose. This disclaimer by NIGHTKINGDOMS LLC in no way affects the terms of the manufacturer’s warranty, if any. Title to goods being purchased is retained by NIGHTKINGDOMS LLC until goods are paid for by the purchaser. Title passes to purchaser upon receipt of goods. If goods are being purchased for export, it is the purchaser's responsibility to obtain export documentation from the Federal Government before shipping goods to a foreign country. In addition, manufacturers’ warranties may vary or be voided upon export of those goods. If you have any questions, please inquire.