Terms of Service
This website is operated by Mega PC Inc.. Throughout the site, the terms “we”, “us” and “our” refer to Mega PC Inc.. Mega PC Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
PLEASE READ THE FOLLOWING IMPORTANT INFORMATION:
This website is for Canada and U.S. orders only. Normal ordering and processing policies apply. Please read the Terms and Conditions below, before placing your order. Please pay extra attention to terms # 36, 37 and 38 concerning typing errors and pricing. In the eventuality that such errors appear on your order, our staff will send you an e-mail correcting the information and the prices and accept your agreement before processing your credit card and shipping the order.
Your Name and Address must be identical to the name and address of the credit card you order from (see below).
By submitting an order and/or using this online system, you confirm that you have read, understood, accepted, and agreed to be bound by our company policies just as if you sign it in ink.
At the time of delivery, an adult signature is required to release the package.
MEGA-PC ships products only to addresses you have authorized through your credit card issuing bank. If you wish to or if you already have requested to have your order shipped to an address other than your credit card billing address, then please contact the credit card issuing bank and have the new address be added as an alternative address to your file.
If this alternate address is not on file with the credit card issuing bank, then your order may be delayed or may not be processed.
Note to all our customers outside of Canada: Please select Shopify payments or PayPal as your payment options. Your credit card will be authorized and processed through Shopify payments, PayPal, but you do NOT need to be a PayPal member, it is for authorization purposes only.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
TERMS AND CONDITIONS
- Must be 18 years of age or older to purchase.
- Canada, US and all the countries where Canada Post can ship the products.
- Warranties are valid for the original purchaser only, and only while the customer owns the product.
- Prices are set at the time of order, regardless of price fluctuations. It does not apply to clear-out items, indicated "While quantities last". When last item is sold out, it becomes unavailable and usually removed from website during next 12-48 hours. Customers, who ordered clear-out items, will be notified by e-mail or phone about the product unavailability.
- You understand and agree that information you provide is for the purpose of opening an account with MEGA-PC. You understand and agree that all accounts or money due to MEGA-PC shall be paid in accordance with the payment terms stated above or on your invoice and agree to pay all reasonable costs of collection in addition to any court costs and/or attorney fees incurred.
- You, the purchaser, do hereby guarantee payment, as individuals, if any indebtedness incurred by virtue of any and all credit extended in accordance with terms and conditions of sale and MEGA-PC’ policies.
- Manufacturers are responsible for all technical support and warranties of their products.
- All software is provided subject to the license agreement that is part of the package. Customer agrees that it will be bound by the license agreement. MEGA-PC does not warrant any software under this agreement.
- Product sold is not returnable and not refundable.
- We sell original genuine CPUs which carry a full manufacturer's warranty. In case of OEM, AMD CPUs carry a 1-year, limited warranty when purchased with a proper cooling fan. OEM, Intel CPUs carry a 5-day warranty from invoice date, when purchased with a proper cooling fan. Your sales order will serve as your product warranty. During the warranty period, MEGA-PC will either, at its discretion, repair the product and materials or replace the product. Standard RMA procedures apply. You are not entitled to have your product replaced until MEGA-PC is satisfied that all other means to resolve the issue(s) have been exhausted.
- Products carry a limited 10-day money back privilege from invoice date, excluding shipping, handling, and processing charges (15% restocking fee). All products must be in re-sellable condition, in original factory-sealed package, all documentation and accessories. Original shipping packaging must be included. Any manuals, cables, etc. that are missing will result in rejection of the return or in additional restocking fees, applied at MEGA-PC’s discretion. Returned product must be received by MEGA-PC within this 10-day period.
- The limited money back privilege is not a warranty. MEGA-PC may change or cancel it at any time.
- End-of-life or discontinued product may be offered by MEGA-PC as non-returnable and non-refundable.
- Any discrepancies about an order must be brought to our attention within three days of receipt of your product, and will be resolved at our discretion. Claims made against MEGA-PC for discrepancies shall be disregarded if not made within these three days after date of delivery.
- If you receive a defective product, please contact us within three days of receipt of product to arrange for an RMA number.
- If an item is returned to us as if it is defective and MEGA-PC or the manufacturer determines that the product operates as described by the manufacturer, the product will be returned to you at your cost.
- Defective products will be repaired or replaced with comparable product at our discretion. You are not entitled to have your product replaced until MEGA-PC is satisfied that all other means to resolve the issue(s) have been exhausted.
- MEGA-PC pays shipping for replacement of defective part to you, as long as the part is still in warranty. It is your responsibility to get the item to and back from MEGA-PC. You may return defective product to MEGA-PC using your choice of carriers, as long as the service used provides some sort of tracking number, at your expense.
- Customer is responsible for shipping charges and risk of loss on all return shipments. MEGA-PC highly recommends using a reputable shipping carrier capable of providing proof of delivery, as well as properly packing and fully insuring your return shipment. You are responsible for shipping, handling, and insurance costs for products you return to MEGA-PC.
- No returns will be accepted without prior authorization by MEGA-PC and without a MEGA-PC RMA number.
- Returns are offered for the original purchaser only and only while the customer owns the product.
- RMA numbers are valid for 14 days only, and product must be received by MEGA-PC within the standard 10-day money back period (See 11). If MEGA-PC does not receive it within this time period, then it will be returned to you at your expense and without credit being applied.
- RMA numbers must be displayed on the outside of the shipping package to be accepted. The RMA form must be completed and included within the package to assign the returned items to your account. MEGA-PC has the right to refuse any return that does not include a valid RMA number on the shipping label or that has an expired RMA number.
- MEGA-PC has the right to refuse any return that a) is missing parts; b) is not returned in its original packaging; c) shows physical damage to the product or its packaging. Software cannot be returned for any reason.
- Some product(s) may be sent to the manufacturer by MEGA-PC, even if the product was returned after the 10-day limited privilege interval. In this case, you are responsible for a) cost of delivery to MEGA-PC and then to manufacturer, c) return delivery from manufacturer to MEGA-PC and then to you, d) any other charges incurred, as specified by MEGA-PC or manufacturer. In this case, MEGA-PC is assisting the warranty service procedure and is not liable for your or manufacturer's actions, loss of product, acts of god, delays, or discrepancies between you and the manufacturer. Standard RMA procedures apply.
- Physical damage due to improper handling or improper use of parts voids any warranty. Damage caused by unauthorized attachments, accessories, alterations, modifications or foreign objects also voids any warranty. MEGA-PC does not warrant and is not responsible for damage caused by the use of product for purposes other than those for which it was intended. Over clocking is considered miss-installation and non-intended use, and voids warranties on components. If you flash the BIOS and destroy it, you void any warranties.
- MEGA-PC assumes no responsibility for incompatibility between products. MEGA-PC does not warrant and is not responsible for accessories or other products or services of other companies.
- MEGA-PC assumes no responsibility for incidental, consequential, or other damage arising from a hardware failure.
- MEGA-PC shall not be liable under any circumstances for any loss or damages caused by a delay in supplying products and or services due to performances, or lack thereof, by any individual vendor(s) or manufacturer(s). In no event shall MEGA-PC accept liability of any kind including any special, indirect, punitive, incidental, or consequential losses or damages, even if MEGA-PC has been advised of the possibility of such loss or damage.
- MEGA-PC will not be responsible for delays in delivery due to events beyond its control, shortage of materials, labor strikes, transportation failures, or acts of God.
- The limited warranty stated above is the only warranty applicable to the product. Any implied warranty is limited in duration to the limited warranty period described above. No oral or written information (including but not limited to the limited money back privilege), or advice given by MEGA-PC, its agents, or employees shall create a warranty or in any way increase the scope of this limited warranty.
- Fraudulent ordering, payment activity, or intent to deceive is turned over to appropriate authorities.
- Canada law governs all sales at MEGA-PC. Venue and jurisdiction for all disputes will lie in, You agree to pay all reasonable costs of collection in addition to any court costs and or / attorney fees incurred.
- All products mentioned are registered trademarks or trademarks of their respective companies.
- Prices quoted on this website are subject to change without notice. Products discussed on this site are the responsibility of the manufacturer.
- While all attempts are made to ensure that information on this website is accurate, errors or omissions may occur. MEGA-PC is not responsible for typographic errors. MEGA-PC is not responsible for publishing, printing, price errors resulting from computer programs.
- MEGA-PC’s policy is one of on-going product update and revision. MEGA-PC may revise and discontinue product at any time.
- MEGA-PC reserves the right to change the terms and conditions of a sale at any time.
- MEGA-PC reserves the right to refuse service to anyone.
- Unless otherwise noted, all materials on this website are the property of MEGA-PC. Any reproduction of this material is not allowed without prior written permission.
- MEGA-PC reserves the right to modify its warranty at any time, at its sole discretion, and without notice other than publishing it on our website(s).
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Mega PC Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Mega PC Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 4130 Boulevard Thimens, Ville Saint-Laurent Quebec, CA, H4R2B9.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.