Terms & Conditions
General
Terms and Conditions
Orders
An order is not binding upon ElloGear.com until it is accepted; ElloGear.com
must receive payment before it will accept an order. ElloGear.com reserve the
right to cancel an order if the item is out of stock or not available. Payment
for product(s) ordered is due prior to shipment. Customer can make payment by
credit card, or some other method prearranged with ElloGear.com.
Shipping Charges
Your total cost for purchase of any product will include the shipping and
handling charges shown on your ElloGear.com invoice. However, your original
shipping fees are non-refundable in the case of a returned product. Those fees
are paid for the services provided by and to the original carrier, and will not
be refunded to you if your item is returned for a refund to ElloGear.com.
Risk of Loss
ElloGear.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. ElloGear.com reserves a purchase money security interest in the
product(s) until its receipt of the full amount due. Customer agrees to allow ElloGear.com
to sign appropriate documents on Customer's behalf to permit ElloGear.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. ElloGear.com may advise
Customer of estimated shipping dates, but ElloGear.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 ElloGear.com and Customer shall be governed by the
laws of the State of New York, 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. ElloGear.com and Customer consent to the exclusive jurisdiction
and the exclusive venue of the State Courts of the State of New York, Kings
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 agrees not to bring any legal action, based
upon any legal theory including contract, tort, equity or otherwise, against ElloGear.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 New York 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 ElloGear.com's invoice regarding the
products ordered by Customer, are the complete and exclusive agreement between ElloGear.com
and Customer, and they supersede all prior or contemporaneous proposals, oral
or written, understandings, representations, conditions, warranties, and all
other communications between ElloGear.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.
Orders and Shipping Policy
All orders require 24-72 hours processing time before shipping.
ElloGear.com does not process orders during weekends.
No deliveries will be made on Saturday or Sunday.
All orders shipped within New York will be charged state sales tax.
Product Testing
ElloGear.com, like other e-retailers, ships items in the condition they were
received from the original manufacturer/distributor. ElloGear.com may at its
own discretion conduct product testing before shipping any merchandise.
Restocking Fee
A 15% restocking fee may be applied to all returns for refund. Shipping charges
are non-refundable. No refunds after 30 days.
Processing Time
You can expect your order to be processed within approximately 24-72 hours,
provided the items are in stock and there are no problems with payment
verification. ElloGear.com does not guarantee same day-shipping. Orders are not
processed on weekends and holidays.
Rush processing
ElloGear.com will rush process your order for an additional fee provided that
the following conditions are met:
Order is submitted before 12 noon EST.
Your transaction and credit card authorization is successfully completed before 12:30PM EST.
Your shipping address matches your credit card billing address (i.e. No alternate ship to address).
Rush Processing does NOT apply to Pre-Paid Check orders.
Rush Processing
Disclaimer:
IN ALL CIRCUMSTANCES, ELLOGEAR.COM'S MAXIMUM LIABILITY IS LIMITED TO THIS RUSH
ORDER FEE ONLY. WHILE ELLOGEAR.COM CANNOT GUARANTEE SAME DAY SHIPMENT FOR ALL
ORDERS, ELLOGEAR.COM WILL PUT FORTH ITS BEST EFFORT TO SHIP ALL RUSH PROCESSING
ORDERS THE SAME BUSINESS DAY IF THE ABOVE CONDITIONS ARE MET. OTHERWISE, YOUR
$4.99 RUSH PROCESSING FEE WILL BE REFUNDED.
Order status
ElloGear.com will keep you informed of your order status via e-mail. All
tracking information will be emailed to your ElloGear.com ID once your order
has shipped (except when an APO/FPO is the shipping destination). You may also
acquire your order status and other live updates by logging in to your account
on our Web site.
Return Policy
Customer Satisfaction is our number one priority. Therefore, if the order
arrives incorrect, defective or DOA, we will replace the item for no additional
cost. If the item is out of stock, we will provide a full refund.
Rules for Replacement, Exchanges and Refunds:
All requests suchs as replacement, exchange and refunds must be submitted within 30 days from the date of the delivery.
If the item is defective, the Customer must notify ElloGear.com by submitting a ticket for a replacement item. If replacement is not available, a full refund will be provided.
If the item is non-defective and is in original package, the Customer may request an exchange or return. However, a 15% restocking fee may apply for all returns and cancellations.
Shipping fees are non-refundable.
Customer must submit a ticket to request a Return Merchandise Authorization (RMA) for all requests, such as Returns, Replacement and Exchanges.
Return Merchandise Authorization (RMA) numbers are valid for 7 days after issuance with original packaging only.
Security
Security is our number one priority. All on-line transactions are sent through
our secure server and encrypted with 128-bit technology. Once we receive your
information through the internet, only trusted, authorized employees will
process the payment to make sure your information is handled with the utmost
level of security.
Cancel Orders
You may request that an order be cancelled provided the order has not already
been processed and shipped. Simply call 347-464-8414
during ElloGear.com's hours of
operation to request an order cancellation. You will receive a credit for the
full amount to your credit/debit card in approximately 2-3 business days. We
strongly discourage sending order cancellation requests via email because it is
unlikely we will receive the message in time to void the order due to the sheer
volume of emails we receive each day.
Product Listings
ElloGear.com strives for accuracy in all item descriptions, photographs,
compatibility references, detailed specifications, pricing, links and any other
product-related information contained herein or referenced on our Web site. Due
to human error and other determinates we cannot guarantee that all item
descriptions, photographs, compatibility references, detailed specifications,
pricing, links and any other product-related information listed is entirely
accurate, complete or current, nor can we assume responsibility for these
errors. In the event a product listed on our Web site is labeled with an
incorrect price due to some typographical, informational, technical or other
error, ElloGear.com shall at its sole discretion have the right to refuse
and/or cancel any order for said product and immediately amend, correct and/or
remove the inaccurate information. Additionally, all hyperlinks to other Web
sites from ElloGear.com are provided as resources to customers looking for
additional information and/or professional opinion. ElloGear.com does not
assume responsibility for the claims and/or representations made on these or
any other Web sites.
Product Revisions
ElloGear.com is not responsible for changes or variations in product
specifications and/or physical appearance. In the interest of our customers, ElloGear.com
puts forth its best efforts to ensure that all product information is
up-to-date and factual. Unfortunately there are varying determinates which,
although infrequent, could cause the information on our Web site to become
outdated without our immediate knowledge. This includes but is not limited to
new versions or revisions, color deviations, retail package alterations and
other variations that may be considered inconsequential by the manufacturer. ElloGear.com
relies on the manufacturer to communicate these differences. Presently we have
no way of alerting customers prior to purchase in the event the manufacturer
fails to do so. Consequently, ElloGear.com will not be held responsible for
product revision changes.
Product Reviews
ElloGear.com reads all reviews before posting them and reserves the right to
deny any review.
Here are some of the things that can cause a review to be denied:
Offensive or abusive language.
Prices and availability can change very quickly on the ElloGear.com Web site, so please leave such information out of your review.
Hyperlinks/URLs.
References to other stores/resellers.
Comments on products that were either physically damaged or misused.
Replies to existing customer reviews; please do not attempt to initiate discussions here.
Comparisons to competing brands/products of competing brands.
Criticism of ElloGear.com's service or the service of our operations partners. (FedEx, UPS, PayPal, etc.)
References to aftermarket procedures or installation techniques not mentioned specifically in the original product documentation (overclocking, hacked drivers, tweaking/modding, etc.)
Illegal content
Invasions of personal privacy
Pornography or obscenity
Hate or incitement of violence, threats of harm or safety of a person
Graphic violence or other acts resulting in serious injury or death
Any violations of copyright. Please see our DMCA policy for more information.
Any violation of laws and/or copyrighted musical works.
We may change these policies at any
time without notice.
Purchase Agreement
By accepting delivery of any product ordered from ElloGear.com ("ElloGear.com"),
you ("Customer") agree to be bound by the terms and conditions listed
below. You and ElloGear.com agree that the following terms and conditions are
the exclusive terms governing the sales transaction between Customer and ElloGear.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 ElloGear.com.