Term and Conditions
Posted January 21, 2012.
Terms and Conditions
These terms and conditions (Agreement) apply to your purchase of Point of Sale Systems, software, and/or related products and/or services and support sold to you by Definitive Synergy either online or via phone. By ordering and accepting delivery of the products we sell, you accept and are bound to the terms and conditions of this agreement. If you do not wish to be bound by this Agreement, you may explore other alternatives. If you have already ordered products from us but have any concerns regarding this Agreement, you must notify Definitive Synergy immediately and any return of your purchase must be pursuant to Definitive Synergy’s Return Policy. Definitive Synergy does not accept returns of our products and all products are sold as is. In the rare occasion that we grant your return of the product(s), they still must be shipped back in the original boxe(s) in which they were shipped to you and all remaining terms of this agreement must be met without exception by you the customer.
Definitive Synergy respects your privacy. We do/will not sell, rent or disclose your personal information. We only use your information to support our relationship with you, such as, to process your purchase, provide service and support, and share product, service and company news and offerings with you. We only share your personal data outside the Definitive Synergy company with your consent, as required by law or to protect Definitive Synergy, its customers, or the public, or with companies that help Definitive Synergy fulfill its obligations with you, and then only with partners who share Definitive Synergy’s commitment to protecting your privacy and data. At any time you may contact Definitive Synergy with any privacy questions or concerns you may have. Definitive Synergy strive to protect the security of your personal data.
Definitive Synergy online store is designed with SSL encryption to protect your credit card information. If you would like to make a purchase, but do not want to provide your credit card information online, you may contact us by telephone at Toll-Free 1-800-460-3525.
1. Forms of Payment, Payment Terms, Orders & Quotes:
Terms of payment are within Definitive Synergy’ sole discretion. The terms of this agreement apply to all and any phone and online orders.
Unless otherwise agreed to by Definitive Synergy, payment must be received by Definitive Synergy prior to processing and shipping of an order.
Definitive Synergy accepts payment by check, credit card, wire transfer, or some other pre-arranged payment method unless credit terms have been agreed to by Definitive Synergy. Payment of orders via credit card can be accepted online or phone.
Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice.
Your order is subject to cancellation at Definitive Synergy sole discretion. Definitive Synergy is not responsible for pricing, typographical, or other errors, in any offer, and Definitive Synergy reserves the right to cancel any orders resulting from such errors.
Shipping and handling, and sales tax are additional unless otherwise expressly indicated at the time of sale.
Loss or damage that occurs during shipping by a carrier selected by Definitive Synergy is our responsibility. Loss or damage that occurs during shipping by a carrier selected by customer is the customer’s responsibility.
You must notify Definitive Synergy within 2 days from the date of delivery of your order if you believe any part of your purchase is missing, wrong or damaged (see our return policy).
Shipping dates are estimates only.
Definitive Synergy does not ship to Post Office (PO) Box.
There is a return shipping fee for orders returned as “undelivered” or for similar reason.
Restock fee up to 50% applies if customer refused delivery of the order.
All products are sold as is and all sales are final. If you wish to be granted a refund due to special circumstances, please contact us immediately. Additionally, to receive a credit, all products must (a) be returned in their original packaging, (b) include manuals, cables, etc. (c) be clean, without scratches and resealed in their factory fresh condition (see our return policy) and you must follow the details outlined in this terms and conditions agreement.
Software and shipping & handling charges are NOT ever refundable, even if special circumstances are granted.
Customer is responsible for shipping cost on returned products and assume any damage of the product may incur during return shipping.
Refunds will be denied and there will be no credit if all of the requirements are not met, and Definitive Synergy retains the right to return the product back to customer.
If the returned item meets all the above requirements, it will be accepted and a credit will be applied less shipping charges, software purchase costs, and restocking fees up to 85% of the purchase price of the hardware. All software and S&H are nonrefundable.
Allow 10-12 weeks to process returns/refunds and to credit your account.
No returns or refunds on programming, installation or training.
No returns or refunds on any software for any reason.
4. Canceling Your Order:
Order(s) may be canceled before it is shipped.
Order(s) canceled after it is shipped, payment (less S&H and software charges and up to 85% restocking fees) will be refunded after we receive the product(s) back in the original condition and packaging.
Only order(s) canceled within 2 hours of placing the order, and if we have not processed the order and/or shipped the product(s), payment will be refunded in full.
Order(s) canceled after 24 hours of placing the order, and we have processed the order but have not shipped the product(s), payment will be refunded less 40% cancellation charge.
5. Return Policies:
Before you attempt to return any product, you must contact us directly to request and obtain a Return Material Authorization (RMA) or products may be denied return status and returned to the customer.
The manufacturer’s warranty and technical support apply to products sold by Definitive Synergy (see the manufacturer’s warranty and technical support information that comes with your merchandise).
The manufacturer handles warranties.
Warranties vary by manufacturer.
You are responsible for maintaining copies of your invoices for warranty claims.
Definitive Synergy is not responsible for individual manufacturer’s warranty policies.
No warranty is provided on software.
7. Limitation of Liability
Definitive Synergy does not accept liability for, and you specifically waive all rights to, any special, incidental or consequential damages, including to but not limited to any liability for product not being available for use, lost profits, loss of business or for lost or corrupted data or software, or the provision of services and support, damages to property or any damages resulting loss of data, profit, or good will, which you might suffer directly or indirectly as a result of any breach of warranty, representation or covenant by Definitive Synergy, the manufacturer or Definitive Synergy’s suppliers.
Except as expressly provided herein, Definitive Synergy will not be liable for any consequential, special, direct or indirect, or punitive damages, even if advised to the possibility of such damages, or for any claims.
You agree that for any liability related to the purchase of product, Definitive Synergy is not liable or responsible for any amount of damages.
Notwithstanding anything in this agreement to the contrary, the remedies set forth in this agreement shall apply even if such remedies fail their essential purpose.
Definitive Synergy does not guarantee the accuracy of data, material or information contained on this web site – DefinitiveSynergy.com
Definitive Synergy is not responsible for the accuracy of its contents or for damages that might occur because of errors or omissions.
Definitive Synergy does not, by publication of this data, ensure to anyone the use of such data against liability of any kind.
Definitive Synergy makes no warranty of any kind, expressed or implied.
Definitive Synergy shall not be liable for damages of any kind arising from the use of products supplied by Definitive Synergy.
8. Governing Law
All parties agree that this agreement, any sales there under, or any claim, dispute or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, and equitable claims) between customer and Definitive Synergy, arising from or relating to these terms and conditions or the sales transaction between Definitive Synergy and customer, it’s interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, Definitive Synergy actions, or any related purchase shall, be governed by the laws of the state of Texas, without regard to conflicts of law rules. Finally, the customer also agrees to not bring any legal action, based upon any legal theory including but not limited to contract, tort, equity or otherwise, against Definitive Synergy that is more than 15 days after the date of the purchase.
If any provision contained in this agreement is or becomes illegal, invalid or unenforceable either in part or in whole, 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 meanings and result that is valid and enforceable under applicable Texas law.
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 to this agreement, 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.
11. Right of Refusal
Definitive Synergy, at its own discretion, reserves the right to reject or cancel any order, return or refund.
Product Return Policy
Definitive Synergy only accepts return of products under certain conditions (see non-returnable products below). To receive credit or replacement product for returned products, all of the following requirements must be met:
Returnable Products: Returning DOA, Defective or Failed Products
1. Products to be returned must first be issued a Return Material Authorization (RMA) number. You must contact Definitive Synergy and obtain the RMA number before returning the product.
2. RMA numbers are valid for 14 days from the date issued.
3. Products returned without RMA or with invalid RMA number may be returned to you, not be considered a valid return, and/or subject to at restocking fee up to 85%.
4. All products must (a) be returned in their original packaging, (b) include all accessories, manuals, anti-static bags, etc, (c) be clean, without scratches and sealed in its factory fresh condition, (d) double-boxed, with no markings or writing on the original manufacturer box.
5. If product shows signs that the entire product and packaging was removed from its original box, or if any part, packaging or accessory is missing, the product will be returned to you or subject to a restocking fee up to 85%.
6. All products must be returned to the address specified on the RMA document.
7. If your product arrives DOA (Dead On Arrival), out-of-box failure, or damaged during shipping, you must contact Definitive Synergy within four (4) days from delivery date and request RMA to return the product. After four (4) days, you may not return the product as DOA or out-of-box failure product. Products must be returned within 30 days of invoice or original purchase date. We recommend that UPON RECEIVING YOUR ORDER, you:
A. Itemize and inspect the items you received to make sure:
(i). They are what you ordered.
(ii). The items are complete.
B. Report any issues immediately to 1-800-460-3525.
C. Any issue, discrepancy or defective product must be reported to us within 2 days of receiving your order.
8. If your product arrived in good condition but fails after 5 days, please contact the manufacturer for warranty services (see your product manual for manufacturer warranty information).
9. A minimum of 75% restock fee applies to all returned systems and hardware. Software is nonrefundable whether sold separate or included in a system. Additional charges will be assessed for missing or items returned not in “as new” condition.
10. If the returned product meets all the above listed requirements, it will be accepted. Allow 2-4 weeks to process refunds and credit your credit card account (see refund policy).
11. By returning the products purchased, you agree to the final determination of Definitive Synergy for the credit to be issued. Any deviation from the procedure outlined in detail above may automatically result on a 85% restocking fee.
Non-Returnable, Non-Refundable Products: All Sales Are Final
1. All software and hardware products are sold as is and are not returnable for a refund. The customer assumes all responsibility of purchase of software (both stand alone software and software supplied with systems) and making sure that it is compatible with your application before you purchase by using the 30-day trial. Definitive Synergy does not accept this responsibility at any time.
2. All software cannot be returned. If the software does not perform a function, please contact Definitive Synergy to receive a function request. Definitive Synergy will inform you if your request is granted and will provide the customer with periodic updates on the inclusion of the feature. No software or system returns will be valid from a customer that has requested a functionality inclusion without the costs associated with software alteration being included in the restocking fee.
3. Credit card swipers, computers, printers, cash drawers and receipt printers are not returnable.
4. Hardware products are not returnable unless the product arrived defective. Defective product can only be exchanged if Definitive Synergy is notified with 2 days of receipt of the products.
5. Video system products are not returnable unless the product arrived defective. Defective product can only be exchanged for the same model and value.
6. Computer systems are not returnable unless the computer arrived defective. Defective computer systems can only be exchanged for the same model and value.
7. Software, service contracts and extended warranties are not returnable.
Posted January 21, 2012.