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Terms & Conditions

General Terms and Disclaimers

General

The eMallGroup mail-order catalogs and Web site were created by eMallGroup for the exclusive use of our customers, and are intended for research and buying purposes only. No eMallGroup or eMallGroup print or online publication may be duplicated, redistributed or modified in whole or part without prior written authorization from eMallGroup  For the purposes of these terms and conditions, "eMallGroup " shall be taken to include eMallGroup. All eMallGroup policies, terms and conditions are subject to change without notice. If the General Terms and Conditions provided on our Web site do not answer your specific questions, or if you need more detailed information, please contact us support@emallgroup.com or 1718-305-7878.
Right of Offset

At any time that an amount is due eMallGroup, eMallGroup shall have the right, without prior notice, to set off and apply any amounts otherwise owed by eMallGroup to purchaser, to any amounts owed to eMallGroup by purchaser, in all cases.

Prices & Availability

Because of the fast-moving nature of the industry, prices and availability are subject to change without notice. eMallGroup is unable to issue price adjustments due to manufacturer price changes after date of original sale. We do our best to provide the most accurate, up-to-date information, but errors do occur and we reserve the right to make changes without notice. Your eMallGroup Account Executive will inform you when a product is not in stock, and can tell you when we expect the product will be available. Anticipated delivery dates are based upon vendor supplied information and are subject to change.

Typographic, Photographic and Technical Errors

Although we do our best to achieve 100% accuracy, occasionally errors and inaccuracies do occur. Should you encounter an error or inaccuracy, please inform us so it can be corrected. Products and packaging depicted may differ from stock available at the time of shipment. We reserve the right to substitute equivalent items. If an error is made and a product is listed at an erroneous price, eMallGroup may, at its discretion, refuse or cancel any orders placed at the incorrect price. If an order has been confirmed and charged to your credit card at the incorrect price, eMallGroup shall have the right to immediately issue a credit in the amount of the incorrect price.

Warranty Disclaimer and Limitations on Liability:
eMallGroup PASSES THROUGH TO ITS CUSTOMERS ALL MANUFACTURERS’ WARRANTEES AND GUARANTEES THAT ARE PROVIDED FOR THE PRODUCTS IT SELLS. eMallGroup MAKES NO ADDITIONAL OR INDEPENDENT WARRANTIES UNLESS OTHERWISE STATED.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, eMallGroup DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. eMallGroup SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTAL (INCLUDING LOST PROFITS OR OPPORTUNITIES), OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF eMallGroup FOR ALL DAMAGES SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE OF THE PRODUCT. LIKEWISE, eMallGroup WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ITS CATALOG OR WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. ALL MERCHANDISE IS SOLD "AS IS". PLEASE CHECK MANUFACTURER PACKAGING AND MATERIALS FOR COMPATIBILITY. eMallGroup MAKES NO WARRANTY AS TO THE PERFORMANCE OF ANY MERCHANDISE SOLD. WE ARE NOT RESPONSIBLE FOR SYSTEM DOWNTIME, LOST DATA, ETC.

THIS DISCLAIMER BY eMallGroup IN NO WAY AFFECTS THE TERMS OF ANY APPLICABLE MANUFACTURERS’ WARRANTIES OR GUARANTEES. eMallGroup WILL PROVIDE COPIES OF SUCH WARRANTIES AND GUARANTEES UPON REQUEST BY CALLING 1718-305-7878 CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS AND REMEDIES THAT VARY FROM STATE TO STATE.

Disputes:
Any claims against eMallGroup relating in any way to your purchases from eMallGroup shall be submitted to confidential arbitration in New York, NY. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. In any such arbitration, the parties shall be responsible for their own costs, expenses, and attorney’s fees. In the event that this arbitration provision is unenforceable, any litigation regarding this agreement or any transaction between the customer and eMallGroup shall be brought in the state or federal courts located in Los Angeles County, New York, and the customer hereby agrees and submits to such jurisdiction and venue as exclusive and proper.

Governing Law:
Transactions between you and eMallGroup, and any disputes arising between you and eMallGroup related to any interaction between you and eMallGroup, including but not limited to claims relating to the content of its catalogs and website, shall be governed by and construed in accordance with the laws of the State of New York without regard to the laws regarding conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

This agreement, the policies printed in the eMallGroup catalogs and on the eMallGroup Web site, and the policies, terms and conditions stated on the applicable eMallGroup invoice or packing slip, constitute the entire agreement between the parties relating to the subject matter herein, and cannot be modified except in a written agreement signed by both parties.

Jurisdiction
Unless otherwise specified, this Web site is presented solely for the purpose of promoting products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by eMallGroup  from its offices within the State of New York, United States of America. Those who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with laws governing export of software and other applicable laws, including local laws, if and to the extent local laws are applicable.

Title Risk of Loss:
Title to items being purchased passes from eMallGroup to purchaser at the time of shipping. Customer takes on full liability for safety and validity of delivery address given to us at the time of purchase. eMallGroup will not incur any forwarding costs on shipments. eMallGroup shall not be responsible for damages or delays resulting from Acts of God, war, riot, seizure, terrorist activities, embargo, or other acts or events nothing within the reasonable control of eMallGroup.

Logos, Trademarks, Service Marks
eMallGroup, eMallGroup and their respective logos are registered trademarks of eMallGroup  and all other distinctive site logos, marks and graphic elements on the eMallGroup Web site are trademarks of eMallGroup  and are subject to applicable trademark protections. All other company, product, and service logos, marks and names in eMallGroup  print and online advertising are or may be trademarks or service marks of the companies and organizations mentioned. All trademarks and registered trademarks are used to benefit, without intent to infringe on, the holder of the mark.

Purchases for Export or Schools
If you purchase items for the purpose of export, you must obtain from the federal government certain export documentation, and that responsibility is solely yours. The terms of our agreements with some vendors represented in our online and print advertisements forbid us from exporting their products. Some products are not available for sale to schools. For specific issues contact us.

CPU purchases
Unless otherwise specifically indicated, monitors, speakers, and printers pictured in our publishings are sold separately on desktop or mainframe computers.

Internet disclaimer
Internet connectivity requires access services from an Internet Service provider. Contact your local Service Provider for Internet connectivity and access.

56K disclaimer
56K modems are capable of 56Kbps downloads, however, current regulations limit download speed to 53Kbps.

Y2K disclaimer
All products sold by eMallGroup are third party products and are subject to the warranties and representations of the applicable manufacturers, including but not limited to Y2K compliance. eMallGroup makes no representation or warranty with respect to the Y2K compliance of product sold.

Third Party Service Contracts:
eMallGroup is a reseller of various service contracts issued by and performed by third party service providers. We are not the providers of the services described in those contracts, and the third party service provider is the only party responsible for performing, or arranging for performance, of those services. You agree that the third party service provider is solely responsible for fulfillment of the service obligations, and you agree that you will look only to the third party service provider for any loss, claims or damages arising from or relating to the purchase and performance of those services. You also agree to release eMallGroup from any and all claims arising from or relating to the purchase and performance of the services to be provided by the third party service providers. In some states, those services may be subject to applicable tax. To the extent that such taxes are collected by eMallGroup , they are collected solely on behalf of the issuer of the service contract in eMallGroup ’s capacity as an independent sales agent for the service provider.

Software Installations:
The customer gives eMallGroup permission to accept all software licenses on their behalf for any custom software installation.

Order Cutoff Time
Each order must be credit approved and transmitted to the shipping warehouse before the cutoff time of that warehouse location. shipping cutoff times vary by warehouse location and may range from 2:00pm EST to as late as 10:00pm EST. If you need further verification regarding your order, please contact us.

Orders placed and/or credit approved later than the applicable warehouse cutoff time will start process the next business day. Orders placed and credit approved anytime on weekend or holiday or pulicized for in-stock items will ship on the business day.

We currently provide no price protection after a purchase has been made.

Applicable Taxes
Any sales, use or other applicable tax is based on the location to which the order is shipped. If you believe your purchases are not subject to sales tax, please contactus prior to placing an order.

International Orders
International orders are taken over the phone only. Please call us, restrictions and other special arrangements for your orders. Please note that many products' warranties do not provide coverage outside the U.S., and some products may not be exported due to manufacturers' restrictions or U.S. laws. eMallGroup makes no representations regarding warranty coverage, compatibility, or serviceability for products that are used outside the U.S. Orders for shipment outside the US are subject to higher shipping rates, and applicable customs, duties and taxes, all of which are the responsibility of the customer. All international orders must be prepaid in full with U.S. funds, by a cashier's check drawn on a U.S. bank or by wire transfer.

Additional Information:
eMallGroup policies are subject to change without notice. We do our best to ship all orders as rapidly and accurately as possible. However, eMallGroup is not liable for late or delayed shipments or system failures. Title to items being purchased passes from eMallGroup to purchaser at the time of shipping. If you purchase items for export, you must obtain from the Federal government certain export documentation. Terms of eMallGroup 's agreements with numerous vendors in the catalog forbid us from exporting product. Some products are not available for sale to schools. All trademarks and registered trademarks are used to benefit and without intent to infringe on the mark holder. eMallGroup logos are registered trademarks of eMallGroup.

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Pricing and Product Availability

PRODUCT AVAILABILITY, DO NOT REFLECT "REAL TIME" INVENTORY STATUS AND CAN BE SUBJECT TO CHANGE AT ANY TIME.

In Stock

Applies only to items marked as "Same Day", and which do not require configuration, and which are available for delivery in the contiguous United States. "In Stock" indicator only indicates that the item in question was located in a warehouse at the time the website was last updated, and that we may be able to ship the product to you within publicized timeframe if it is available pending credit approval and receipt of your order at the warehouse-if all applicable guidelines are met.

Currently Unavailable

This product is not currently available for shipment from any of our warehouse locations based upon information available to us at the last time the website was updated. Please contact us support@eMallGroup.com or 1718-305-7878 for an estimated arrival date.

Product availability information presented on our Web site is the best, most current information we have, but errors do occur and this information does not represent a guarantee or promise of availability.

If a product is not in stock when you place your order, we will do our best to let you know. We will also provide you with our best estimate of when the product will be available. Anticipated delivery dates are dependent on our suppliers and other factors beyond our control, and are subject to change.

Prices & Availability

Because of the fast-moving nature of the industry, prices and availability are subject to change without notice. eMallGroup is unable to issue price adjustments due to manufacturer price changes after date of original sale. We do our best to provide the most accurate, up-to-date information, but errors do occur and we reserve the right to make changes without notice. Anticipated delivery dates are based upon vendor-supplied information and are subject to change.

Typographic, Photographic, Technical and Pricing Errors

Although we strive to achieve 100% accuracy, occasionally errors and inaccuracies do occur. Should you encounter an error or inaccuracy, please inform us so it can be corrected. Products and packaging depicted may differ from stock available at the time of shipment. We reserve the right to substitute equivalent items. If an error is made and a product is listed at an erroneous price, eMallGroup may, at its discretion, refuse or cancel any orders placed at the incorrect price. If an order has been confirmed and charged to your credit card at the incorrect price, eMallGroup shall have the right to cancel the order and issue a credit in the amount of the incorrect price.

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Shipping Options and Policies

AT eMallGroup, WE STRIVE TO SHIP YOUR ORDER AS QUICKLY AS POSSIBLE. HOWEVER, BECAUSE OF INVENTORY, SHIPPING, AND MATTERS OUTSIDE OF OUR CONTROL, OUR STATEMENTS AS TO USUAL SHIPPING TIMES ARE NOT GUARANTEES OR PROMISES THAT A PRODUCT WILL SHIP ON A SPECIFIC DAY. IF YOU WISH TO FIND OUT THE EXPECTED DATE OF SHIPMENT ON A PARTICULAR ITEM OR ORDER, PLEASE CONTACT US FOR MORE INFORMATION. AT A MINIMUM, WE EXPECT THAT ALL IN STOCK ORDERS WILL BE SHIPPED IN 30 DAYS.

We ship both from our central warehouse and directly from many of our distributors and manufacturers to insure the best availability. If your order is unavailable in our central warehouse, we may ship from one of our distributor or manufacturer partners to provide you with the best availability possible. When the product is shipped from these different locations cut off times may vary, and your chosen shipping method may not be available. We use a highly efficient inventory, shipping and delivery system-our efficiencies result in huge savings that we pass along to you! We offer a wide variety of shipping options and special deliveries.

Our carriers include FedEx, U.S. Postal Service (USPS), TNT, and a number of ground carriers.

Please review our shipping options and policies, and plan your purchases accordingly. Due to special package requirements we may not be able to ship products to certain areas or be constrained on our shipping options.

Please note, choosing an expedited shipping method does not guarantee expedited order processes, orders are processed in order of reciept.

Standard Overnight

Delivery by 3:00 pm the next business day to thousands of U.S. cities. FedEx Standard Overnight is the only shipping method available for orders that must ship on Saturdays, or to Alaska and Hawaii.

In accordance with FedEx shipping policies, the FedEx carrier must obtain a signature at time of delivery.

Priority Overnight

Delivery by 10:30am the next business day to thousands of U.S. cities; by 12:00 noon to most other areas; and by 4:30pm to remote locations.

In accordance with FedEx shipping policies, the FedEx carrier must obtain a signature at time of delivery


2 Day Air

Available to all 50 states. Due to cut off times as early as 5:00 eastern. Average delivery is 2-3 business days.


United States Priority Mail

Delivery of packages made in 2 days. Reaches every urban & rural address throughout the contiguous 48 states. Saturday and Residential deliveries as no extra cost. Alaska & Hawaii deliveries made in 3 days. Weekday order cut-off time to receive a package within 2 days is 7:00pm EST. Orders placed during the weekend, will not ship until Monday, which means that they won't be delivered until Wednesday. Orders placed or to be delivered on a US government holiday will take an additional day.


Ground Service

An excellent choice for routine shipments. Reaches every urban and rural address throughout the 48 contiguous states.

Average delivery time is 5-7 business days, with guaranteed delivery dates for commercial addresses. Delivery to some remote residential areas may take additional days.


International, FPO/APO Addresses, Alternate Carriers or Special Handling

For international addresses or APO/FPO zip codes you must place your order contacting us.

If you need to specify an alternate shipping method or some other type of special handling for your order, please contact us to place the order.

International Shipping fees do not include any destination Customs Duties or additional fees carrier charges at destination these are all the customers responsibility, if package is returned to us due non payment or refusal by customer, outbound and return shipping fees will not be credited and return policies rules will apply to the balance.

Shipping Policies (Domestic)
Please review our shipping policies and methods, and plan your purchases accordingly. For more details or special requirements, please contact us.


Shipping Status Indicators

For every item listed on our site, we indicate the current shipping status of the item: Same Day, Next Day or Please Call. These status indicators are guidelines only, and do not constitute a guarantee. They do not reflect "real time" inventory status and can be subject to change at any time. You should call us to confirm inventory status. Click here for definitions.


Credit Approval


Credit approval and order transmission can take several minutes, and may take longer for new customers and/or larger orders.


Oversized or Overweight Shipments

Shipments whose dimensions or weight exceed our normal freight services are subject to additional charges and limitations that vary by product, location, and freight receiving facilities at the ship to address.


Signature and Physical Address

All orders require a signature upon delivery. Therefore, a physical address is needed. We do not ship to a post office box address or hotel/motel rooms under any circumstances.

Rerouting

Packages cannot be rerouted once shipped for customer security and logistical reasons.


Shipping, Handling & Processing Charges

The shipping, handling and processing charges are designed to compensate our company for the services we provide that enable our customers the convenience of ordering from us and receiving delivery of our products, including but not limited to handling and processing your order, packaging and shipping your purchases, and providing you customer service and support, as well as overhead costs associated with these services.

Shipping Handling & Processing Charges may vary and may include a profit.


Special Shipping Offers

Special shipping offers may supersede these policies.

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Returns Policies & Procedures

eMallGroup prides itself on a tradition of outstanding customer care and support. Our devoted team of account representatives understands that our customers are the hallmark of our enduring partnerships.

It is important for our customers to understand the standards that have been established within our industry regarding the terms and conditions of a sale. The purchases of computers, peripherals, software, and other consumer electronics are subject to manufacturer restrictions which may be different from other product purchases you transact. Most of the products sold by eMallGroup are subject to a manufacturer's warranty. The warranty provided by the manufacturer is the first place to look for assistance with difficulties that may accompany your purchase. To obtain information regarding manufacturer's warranties, please refer to the website below, contact us at the following e-mail address, or call us:

We encourage you to request information from any of our account executives about extending the service period on any of the products that you purchase.

Most manufacturers offer a one year warranty on all new equipment. During the warranty period, you may call the manufacturer to receive warranty service. The manufacturer will attempt to solve your problem via phone. If a situation extends beyond the manufactuer's service centers ability to resolve, please contact your eMallGroup representative for further guidance.

APPLE COMPUTER PRODUCTS: Apple products are non-returnable: Apple Computer offers a one year warranty on all new equipment. During the warranty period, you may call 1-800-275-2273 to receive warranty service. Apple will attempt to solve your problem via phone. If they are unable to solve the problem, they will either dispatch a replacement via Airborne Express or will direct you to the closest Apple service center. In most cases, contacting the 800 number is the most expedient manner to obtain warranty service on Apple equipment. If a situation extends beyond Apple or an Apple service center's ability to resolve, please contact your sales representative for further guidance.

CUSTOM CONFIGURATIONS: No returns or refunds will be made for items that are special ordered for you or for unusual custom configurations of systems.

OTHER NON-RETURNABLE PRODUCTS: Several manufacturers' policies and restrictions disallow product returns. The following manufacturer's products (not all inclusive) are also not returnable to eMallGroup: 3Com, Compaq, Cisco, IBM, Intel, HP, Toshiba, Adobe, Quark, Lenovo and Sony. Other manufacturers apply to this list, so please call us for the latest information. You will need to contact the manufacturer directly regarding return or replacement of these brands under their respective guarantees and/or warranties. Please contact us if you would like to obtain copies of the manufacturers' guarantees and warranties prior to purchase.

Items with a money back guarantee from the manufacturer. Some items offer a Money Back Guarantee from the manufacturer (a "MBG"). In those instances, eMallGroup will not accept product returns. You will need to contact the manufacturer directly regarding return of the product and policies regarding such return. Please contact us if you would like to obtain copies of manufacturers' guarantees and warrantees, including any MBG, prior to purchase.

TELEVISION RETURNS: Returns of televisions 27 inches or larger are subject to the following restrictions:

Upon delivery, please inspect the television carefully for damage while the shipper is still present. If you discover any damage, please refuse delivery and you will receive a refund. You must sign the shipper's release form which acknowledges this return policy.
If, after delivery, the television does not work, all returns, in-house servicing (if applicable), and warranty repairs are handled exclusively by the manufacturer. Televisions 27 inches or larger cannot be returned to eMallGroup.
You can obtain copies of warranties through eMallGroup, or directly from the manufacturer.
SOFTWARE:
Opened software: Opened software is not returnable. Unopened software, after 7 days of receipt of product, is also not returnable. All licensing sales are final.
Defective Software: Defective software may be returned within 7 days of invoice date only for exchange of the same title. Original shipping charges are not refundable. Shipping charges on returned software are the responsibility of the customer.

DAMAGED SHIPMENTS:
If your shipment arrives damaged: You must note the damage on the carrier's delivery record in accordance with the carrier's policy, save the merchandise in the original box and packing it arrived in, and notify eMallGroup immediately to arrange for a carrier inspection and pick up of damaged merchandise. If you do not notify eMallGroup of damaged goods within the first 7 days of arrival, the regular return policy will override any claim of damage, and your purchase(s) will fall under all current manufacturer restrictions.
Defective/Dead on arrival non-software products: Certain products (excluding Apple and the product manufacturers listed above), after support from the original manufacturer has been received, may be approved for return by the technical support division of eMallGroup. The return must be 100% complete, in original and resalable condition, with all original packaging, manuals, registration card(s) and software. Original shipping charges are not refundable. Shipping charges on returned products are the responsibility of the customer. eMallGroup will match the shipping method and pay for shipping charges on replacement or exchange products. All late, non-defective, and/or incomplete returns are subject to minimum 15% restocking fee.

HOW TO RETURN PRODUCTS:
Obtaining an RA Number: Please contact us within 7 days of purchase for a Return Authorization (RA) number before returning your product to eMallGroup. No returns of any type will be accepted without a RA number. For faster service, please have the following information on hand when calling for an RA number: customer name, order number, item number and serial number and the reason for the return.

Shipping charges: Original shipping charges are not refundable. Shipping charges on returned products are the responsibility of the customer. We strongly recommend you fully insure your return shipment in case of loss or damage.

All refused orders will be subject to a restocking fee. Shipping charges are not refundable. In addition, refused orders may be subject to additional shipping charges to cover the cost of returning the products to eMallGroup.

A minimum restock fee of 15% may be applied to products returned as defective that test to be operational upon return. Additionally, any return that has missing accessories or is incomplete in packaging will be subject to the minimum 15% restock fee.

 

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