1. TERMS AND CONDITIONS
Your use of the RoguePCs.com website (the “Site”) and our services, including inquires, phone orders, and all other purchases from Rogue PCs is governed by the policies, terms, and conditions set forth below. Please read the following information carefully. By using this site or submitting an order for products or services, you indicate your acceptance of, and agreement to be bound by, the terms and conditions set forth below personally or as an agent for any business entity you represent. The term “Customer” henceforth refers to you or the business entity for which you are ordering goods or services. If you do not agree to these terms and conditions, please do not use this site and please do not submit any orders for products or services. The terms and conditions posted on this website, including the warranty policy, are public information and must be adhered to by anyone doing business with Rogue PCs unless there is a written contract signed by an officer of Rogue PCs.
2. GENERAL TERMS AND CONDITIONS
- The Customer agrees that Rogue PCs is not liable for mismatched product pictures or mistakes in product information. Rogue PCs reserves the right to change products and specifications, and those listed on the Site may not be current. The Customer agrees to verify the specifications of each product with their order. Rogue PCs is only responsible for products named on the invoice.
- Our sales representatives are not authorized to make any representations or promises related to any product or services that exceed these terms and conditions and the warranty. Any additional provisions to your purchase must be made in writing signed by an officer of Rogue PCs.
- The Customer agrees that each item in a multi-item purchase from Rogue PCs shall be treated independently unless stated otherwise in the memo section of their order. That is, defect, replacement, and cancellation of one item does not constitute the voiding of the entire purchase. Each item shall be considered independently for warranty or refund purposes unless the customer has stated otherwise in the invoice memo.
- Customer agrees that shipping costs and expenses will not be refunded once we ship the package.
- It is the Customer’s responsibility to look over their email confirmation and make sure all shipping information, billing information, and items purchased are correct. Customers also acknowledge that Rogue PCs is not liable for providing the customs and import policies of their country. Rogue PCs is not responsible for any fees or taxes associated with international shipments. The customer is responsible for being aware of the customs policies in their place of residence. If you do not get an email confirmation, call us to see if the order went through. Do not submit multiple orders or you will end up paying full restocking and shipping fees.
- Order cancellation will be accepted by phone call with a sales representative or over the internet (only before the order is processed). It cannot be done over email or by leaving voicemails. You can confirm order cancellation by checking the order status online. Cancellation on orders already charged carries a 4.9% credit card processing cancellation fee. If an order has already been built in our facility but has not yet been shipped, there will be an additional 15% restocking fee which covers expenses for taking the system apart and re-stocking the hardware. Any components which were not listed on our website and were special-ordered by customer request will incur a 20% restocking fee.
- Material fee for boxes, transportation, etc. are included in the shipping fee. Customer shall not be liable for additional shipping charges for purchases Rogue PCs chooses to ship in multiple packages unless they request and agree to shipping upgrades and upgrade fees. Rogue PCs includes full shipping insurance with every FedEx and UPS shipment.
- The Customer agrees that Rogue PCs will not be held liable for shipper’s shipping delays.
All trademarks and registered trademarks displayed on the site belong to their respective owners, and are not intended to imply any endorsement or affiliation between Rogue PCs and these companies.
4. MAKING PURCHASES
If you wish to purchase products offered on the site, you will be asked to supply certain information, including but not limited to credit card or other payment information. You agree that all information you provide to Rogue PCs will be accurate, complete, and current. You agree to pay all charges incurred by authorized users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes, fees, and shipping and handling charges relating to your purchases.
5. WHERE WE SHIP
We ship to any physical address that the shipper/courier can ship to domestically or internationally. We may accommodate a Customer who needs to have an item shipped to an APO/FPO address or PO Box depending on the circumstances. Due to the number of wrong addresses from customers, we now charge the face value that the shipper/courier charges us to reroute your package if you did not enter the address correctly. This charge is anywhere from $5-$25 and you agree if your address is wrong, Rogue PCs is authorized to charge your credit card for these fees. Rogue PCs is not responsible for any fees or taxes associated with international shipments. The customer is responsible for being aware of the customs policies in their place of residence.
6. WHEN WE SHIP
Orders received before 6:00 PM PST are usually processed the same day for product build. Products are shipped only after build, which can take up to 10-15 days on a standard basis. Your order may be delayed if your shipping to address does not match what your credit card issuer has on their file. Some orders that are shipped from fulfillment warehouses may require longer for the item to ship. We may also ship the orders with multiple items from different warehouses so it is possible you get the items on different days. Due to the many circumstances such as the inability to charge your card or verify your address, we cannot guarantee when your order will be shipped out. Also if you choose next day air service, it does not necessarily mean you will get it the next day from the order date, it means that you will get it the next day from the date we ship the order. Rogue PCs reserves the right at any time after receipt of your order to delay your order for any reason.
7. SHIPPING DELAYS
Once an order is shipped, it is up to the shipper/courier to deliver the products; we will not be able to stop the shipment once it is shipped. If the shipper/courier loses the package, the shipper courier will put a tracer on the package. Tracers take around 3 days for air packages and 7 business days for ground packages. We will not be able to ship out replacement packages until the shipper/courier confirms that the package is lost/will not be delivered to its destination and they will reimburse us. Without confirmation from the shipper/courier, we will not know for sure if you will get two shipments if we ship out another one. Another delay is if there is no one to sign for the package, every package we ship usually requires a signature, if a package is returned to us because no one was available to sign for it or the address was input incorrectly at the time you enter the order, you will be charged again to ship it out a second time.
8. PRICING AND TYPOGRAPHICAL ERRORS
Due to the fast pace of the computer industry, all prices are subject to change without notice. We make every effort to list the most accurate, up to the minute information. Despite our efforts, some items on our website may be mispriced. If a product is listed at an incorrect price due to a typographical, photographical, or technical error or error in pricing from our vendors, Rogue PCs reserves the right to refuse or cancel any orders placed for a product listed at the incorrect price. If your credit card has already been charged for the incorrect price, we will immediately refund your card and cancel your order. You may also repurchase it for the correct price if you wish to do so.Due to the volatility in pricing for computer products, we do not match competitor’s pricing and we will not offer price protection.
9. ORDER ACCEPTANCE POLICY
Your receipt of an electronic or phone order confirmation does not signify our acceptance of your order. Rogue PCs reserves the right at any time after receipt of your order to accept or decline your order for any reason.
10. DISCLAIMER AND LIMITATION OF LIABILITY AS TO PRODUCTS SOLD
YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO ROGUE PCS ARISING FROM ANY PRODUCT SOLD BY ROGUE PCS SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL ROGUE PCS, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCT SOLD.
- DISCLAIMER AND LIMITATION OF LIABILITY AS TO THE RoguePCs.com WEBSITE. THE RoguePCs.com WEB SITE AND THE MATERIALS THEREIN ARE PROVIDED “AS IS”. ROGUE PCS MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE RoguePCs.com SITE, THEIR OPERATION, CONTENTS, INFORMATION, OR MATERIALS ON THE SITE. ROGUE PCS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE OR THEIR USE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT ROGUE PCS, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT OR USE OF THE ROGUE PCS SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
11. TITLE TRANSFER
Rogue PCs retains title to parts and complete systems purchased until the said purchaser pays for items in full at which time the title passes to purchaser.
12. GOVERNING LAW
You agree that any legal action brought against Rogue PCs shall be governed by the laws of the State of California without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any arbitration arising from your use of or orders and purchases made on the Rogue PCs sites or from Rogue PCs shall be in Los Angeles County, California. All actions between the parties related to purchases and sales from Rogue PCs shall be resolved by binding AAA arbitration in Los Angeles County California.
Refunds are only issued for the sale amount at current selling market value (see section 15) of the component(s) inside the computer, and does not include freight charges.
Additionally, a 15% restocking fee is applied to computer system unless all of the three items below have been met:
- Your purchase is returned back to Rogue PCs within 30 days of original delivery.
- There are defective hardware component(s) inside the computer such as a memory stick causing stability/performance issue.
- Rogue PCs or a third-party computer company contracted by Rogue PCs has verified that the stability/performance issues are a direct result of the hardware inside the computer and NOT the software such as the operating system, drivers, or software.
The above does not include damage to the computer which has occurred during shipping, such as, but not limited to: dents in the computer chassis, loose cables, etc. Computers with shipping damage are eligible for free return shipping, to be repaired by Rogue PCs, within the first 30 days of receiving the computer. The customer agrees that any request for a full refund on a computer with damage due solely to shipping will incur a 20% restocking fee.
Rogue PCs cannot offer a full refund for the purchase price of the product(s) unless there were issues such as defective hardware component(s) inside the computer such as a memory stick causing stability/performance issues. Any custom work done on the computer such as artwork or any permanent additions to the computer will induce a 20% restocking fee regardless of defective components. Special ordered components, components selected by the customer which are not listed on Rogue PCs website by default, such as, but not limited to: graphics cards, processors, hard drives, motherboards, power supplies, computer cases, RAM, etc., will incur a 25% restocking fee, regardless of computer defects. The returned merchandise must include its original packaging, manuals, and all accessories. All sales on software items are final. Opened accessories such as the monitor and speakers will not be refunded. Rogue PCs will not refund shipping costs and will not pay shipping for returning packages. Returned shipments must be sent in the original packaging that the computer was received in. All return shipments must be shipped with a tracking number and insured for the full value of the computer. Rogue PCs is not liable for any damage to the product during transit on return shipments. ORIGINAL SALES RECEIPT REQUIRED FOR ALL RETURNS. THE 30 DAY MONEY BACK GUARANTEE IS ONLY HONORED IF THE COMPUTER SYSTEM IS RETURNED TO ROGUE PCS WITHIN 30 DAYS FROM DATE OF ORIGINAL DELIVERY AND THE COMPUTER MUST HAVE DEFECTIVE HARDWARE. CUSTOMER IS RESPONSIBLE FOR ALL SHIPPING FEES FOR RETURNS. THE REFUND VALUE WILL BE THE FULL PURCHASE PRICE OF A NEW ROGUE PCS COMPUTER AT CURRENT MARKET VALUE. Before making any return, back up all software and data and remove any personal information, confidential information or private content which you do not want viewed or used by any third party. Rogue PCs is not liable for lost data or misuse of data on computers that are returned for any reason.
14. WARRANTY SERVICE
Rogue PCs will cover shipping costs back and forth, within the 48 contiguous United States, and replace the part(s) within the first 45 days of receiving your computer system. After 45 days you will be held liable for shipping costs to Rogue PCs. Rogue PCs may also use similar products or similar to new products for all repairs to computer systems order if the product first indicated is out of stock. Rogue PCs either uses an equal or better product at no cost to the customer. f you request for Rogue PCs to use a specific product for your order and would not like to substitute it with alternatives, please indicate this in an email to email@example.com, on the return package, and when requesting repair authorization. Warranty is void if the computer is defective due to physical damage, incorrectly installed upgrades, overclocking, or from part modifications from the original order on critical components such as motherboard, processor, case, or power supply.
15. MARKET VALUE
Since every computer system is customized to the Customer’s needs, it becomes difficult to return the hardware systems for a full refund. If you are having defective parts issues with the hardware system, we will be more than happy to offer a full refund minus shipping costs for the purchase price of the computer at the hardware system’s current market value. This means the Customer will receive a refund of what the computer is worth on the day of return, not what it was worth on the day of purchase. This protects the Customer and Rogue PCs from price adjustments by manufacturers that are out of both Rogue PCs and the Customer’s control. In the end, the Customer will still be able to buy a new computer with the same specifications from the original purchase.
16. SPECIAL ORDERED COMPONENTS & ACCESSORIES
Customers are more than welcome to request Rogue PCs to purchase components or accessories that we normally do not offer and stock for Customers to purchase on our website. In the event of an order cancellation, such items cannot be returned to Rogue PCs for a refund under any circumstance. Once they have been ordered, they will be returned back to the Customer at the Customer’s expense. In addition, if any special ordered components or accessories turn out to be defective during testing at Rogue PCs or after the Customer receives the end product, it will be the responsibility of the Customer, not Rogue PCs, to obtain replacement warranty service directly from the manufacturer.