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Purchase Agreement between you and buyGPSnow.com
By accepting delivery of any product delivered from buyGPSnow.com ("buyGPSnow.com"), you ("Customer") agree to be bound by the terms and conditions listed below. You and buyGPSnow.com agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and buyGPSnow.com. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from buyGPSnow.com. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE IN ANY MANNER.


1. buyGPSnow.com SATISFACTION GUARANTEE
buyGPSnow.com offers our customers a 30-day satisfaction replacement or refund guarantee on all purchases, except:

ALL software is NOT refundable if it has been opened or activated. Absolutely no exceptions will be made. All returns must have a RMA number for processing or they will not be accepted.A confirmation will be sent via e-mail. A minimum of 25% re-stocking fee will be charged for approved RMA not returned within 20 days from the RMA approval date.

Please read our complete return policy before you place your order.

Return Policy
To return a product in compliance with buyGPSnow.com's satisfaction guarantee, you must obtain a Return Merchandise Authorization ("RMA") number within the guarantee return period for the product (described below).

Please click here to acquire an RMA number. All RMA requests must be filed online. buyGPSnow.com will not accept returns without prior authorization and a RMA number. Once issued, RMA numbers are valid for 15 days within which return products must be received by buyGPSnow.com. RMA numbers will not be extended or reissued. Customer should prominently display the RMA number(s) on the shipping label of boxes containing the returned product.

  • ALL software is NOT refundable if it has been opened or activated. Absolutely no exceptions will be made.

  • Customer should prominently display the RMA number(s) on the shipping label of boxes containing the returned product or it will be refused and returned back to the customer.

  • Only one RMA is issued per return. RMA number(s) will not be extended or reissued.

  • 0-15 days from date of purchase:
    • Shipping and handling fees are non-refundable.
    • Unopened products may be returned for a full refund within 15 days of purchase.
    • Opened products are subject to a minimum of 15% restocking fee unless the product is defective on arrival.
    • Additional restocking fee may apply for returns with incomplete (missing accessories) or damaged package.

  • 16-30 days from date of purchase: 15% restocking fee will be charged for refund. Shipping and handling fees are non-refundable. No exchange is allowed after 15 days!

  • 31 days from the date of purchase: No return is allowed. Absolutely no exceptions will be made.

  • For all returns for refund, a minimum of 25% re-stocking fee will be charged for approved RMA not returned within 15 days from the RMA approval date. buyGPSnow.com may in its sole and absolute discretion reject the entire return that is older than 20 days from the RMA approval date. All rejected returns will be returned back to the customer.

  • If you are ineligible for an RMA, contact the manufacturer directly or check any applicable warranty you might have.

  • Customer is solely responsible for shipping any returned product to buyGPSnow.com. Customer agrees to use only reputable carriers capable of providing proof of delivery and insurance for the entire value of the shipment.

    Customer agrees to bear all shipping and insurance charges and all risk of loss for the return product during shipment. Customer agrees that all returned products will be 100% complete, in re-saleable condition, and will include the original packaging material, manuals, blank warranty cards, and other accessories provided by the manufacturer. If any component of the returned product is missing, buyGPSnow's Return Procedure will be breached and buyGPSnow.com may in its sole and absolute discretion reject the entire return or choose to impose additional charges against the customer for replacement of the missing component(s).
    For International customers, all freight, import duty and brokerage fees must be prepaid.

  • Refund will be credited back to the credit card used for the purchase. You will not be refunded your original shipping fees on a non-defective product. If you are returning a non-defective product, you must pay return shipping fees.

  • We will not issue a pre-paid label or "call tag" in all cases and you will have to take your return to an authorized facility such as a Post Office or a UPS facility or a UPS store, FedEx or Kinko's facility.




2. WARRANTIES; ALL PRODUCTS SOLD "AS-IS" OR "WITH ALL FAULTS"
BUYGPSNOW.COM IS A DISTRIBUTOR ONLY. PRODUCTS SOLD BY BUYGPSNOW.COM ARE NOT MANUFACTURED BY BUYGPSNOW.COM. THE PRODUCTS MAY, HOWEVER, BE COVERED BY EACH MANUFACTURER'S WARRANTY, SERVICE, AND SUPPORT POLICY (IF PRESENT). BUYGPSNOW.COM ASSIGNS AND PASSES THROUGH TO THE CUSTOMER ANY WARRANTY OF THE MANUFACTURER, AND CUSTOMER ACKNOWLEDGES THAT IT SHALL HAVE RECOURSE ONLY UNDER SUCH WARRANTIES AND ONLY AS AGAINST THE MANUFACTURER OF THE PRODUCTS. BUYGPSNOW.COM MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. BUYGPSNOW.COM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. ALL ITEMS SOLD THROUGH BUYGPSNOW.COM ARE SOLD "AS-IS" OR "WITH ALL FAULTS." THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS WITH THE BUYER. SHOULD ANY OF THESE ITEMS PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT THE MANUFACTURER, DISTRIBUTOR, OR BUYGPSNOW.COM, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.


3. LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES BUYGPSNOW.COM'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. BUYGPSNOW.COM SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. BUYGPSNOW.COM SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT BUYGPSNOW.COM HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.


4. GENERAL TERMS AND CONDITIONS
Payment Terms
Orders: An order is not binding upon buyGPSnow.com until it is accepted; buyGPSnow.com must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other method prearranged with buyGPSnow.com. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

Shipping Charges:
Your total cost for purchase of any product will include shipping and handling charges shown on the buyGPSnow.com invoice (also known as Sales Order Confirmation Email)

Title; Risk of Loss:
buyGPSnow.com will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) -- excepting software-- and risk of loss passes to the Customer upon delivery to the carrier. buyGPSnow.com reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow buyGPSnow.com to sign appropriate documents on Customer's behalf to permit buyGPSnow.com to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. Customer agrees to be bound by any software license agreement once the seal on the package is broken. buyGPSnow.com will advise Customer of estimated shipping dates, but buyGPSnow.com will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.

Governing Law and Jurisdiction:
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between buyGPSnow.com and Customer shall be governed by the laws of the State of California, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. buyGPSnow.com and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of California, San Bernardino County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against buyGPSnow.com that is more than one year after the date of the applicable invoice.

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, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law.

Waiver:
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

Entire Agreement:
These terms and conditions, together with buyGPSnow.com's invoice regarding the products ordered by Customer, are the complete and exclusive agreement between buyGPSnow.com and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between buyGPSnow.com and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.



5. Copyright and Trademark Notices
All content of the buyGPSnow Web Sites are: Copyright (c) 2007 buyGPSnow and/or its suppliers. All rights reserved.

TRADEMARKS. buyGPSnow, The buyGPSnow logo and/or other buyGPSnow products and services referenced herein may also be either trademarks or registered trademarks of buyGPSnow in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.


6. Missing Items or Damaged Shipments
When you receive a shipment from buyGPSnow.com, please check the contents of your package immediately. We require that you report any missing items or product damage within 30 business days of receiving the package. buyGPSnow.com must report all damages immediately to the delivery service for inspection; therefore, we ask that you keep all merchandise and packaging in the condition as it was delivered. Claims issued on damaged or lost orders can take the carrier 7-10 days to process. Once a claim has been initiated and processed, a replacement will be sent. We cannot accept cancellations on merchandise after it arrives damaged or is lost, but we will make every effort to correct this situation. Lost packages are usually located by the carrier and delivered. To avoid duplicate shipments, replacements will be sent after the claims process is complete.

Missing or damaged packages aren't fun for anyone-- so know that we'll make sure to resolve these rare situations quickly.


7. Guideline for Using Paypal As The Payment Method
  • We only accept payments from users who have a Confirmed Address. Please learn more on "How do I confirm my shipping address? (click here)"  We will not ship your order to any other address than the Confirmed Address listed on the PayPal Transaction ID for the sale.

  • We will only accept payments from Verified Users. All orders submitted with "Unverified Users" will be cancelled automatically. What does it mean to be Verified? (click here)

  • We will NOT accept Payments from International Users since Paypal will not guarantee the purchase under the seller's protection plan.

  • If you have problems using Paypal, please contact Paypal at (402) 935-7733 Monday - Friday 6 am to 12 midnight Central Standard Time or PayPal Business Accounts at 1-888-221-1161 press option "6", 24 hours a day, 7 days a week, and they will be happy to assist you in figuring out what is wrong any why your can't send money to us.
8. Refusal of Delivery
If you place an order and it is refused upon delivery, you will be responsible for the shipping costs back to PeppyParents.com and any other costs that occur during the delivery process.


9. Privacy Statement
©2007 buyGPSnow.com All rights reserved. Privacy Statement.


10. Rights of Service
We reserve the right to deny service to any customer.








V2.02: Nov 11th, 2007