PLEASE READ THE PELNUT SALES AGREEMENT BELOW CAREFULLY. THIS “AGREEMENT” IS WHAT PELNUT CALLS OUR “SALES TERMS & CONDITIONS” ON PELNUT.COM. BY PLACING AN ORDER ON PELNUT.COM OR ACCEPTING PRODUCTS SUBJECT TO THIS AGREEMENT, YOU (“YOU” OR “CUSTOMER”) ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT; UNDERSTAND IT; AND THAT YOU AGREE TO BE LEGALLY BOUND BY ITS TERMS AND CONDITIONS. THIS AGREEMENT IS SUBJECT TO A REQUIREMENT THAT DISPUTES MUST BE RESOLVED IN BINDING, INDIVIDUAL ARBITRATION, NOT IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION AND PRETRIAL DISCOVERY AND APPELLATE RIGHTS ARE MORE LIMITED THAN IN COURT. YOU HAVE A LIMITED-TIME RIGHT TO OPT OUT OF THIS REQUIREMENT. SEE THE ARBITRATION AGREEMENT PAGE FOR FULL DETAILS AND OPT-OUT INSTRUCTIONS. IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THIS AGREEMENT.
Unless there is a different written sales agreement in place between Pelnut and Customer, this Agreement, including associated warranty statements, license agreements, and any applicable attachments, is the sole and complete agreement between Customer and Pelnut regarding the Products or Services purchased by Customer. Any additional or different terms in any order or communication from Customer shall not be binding on Pelnut unless signed by an authorized representative of Pelnut.
Products and Services purchased on Pelnut’s website, pelnut.com, are for Customer’s own use and not for resale. Pelnut reserves the right to refuse or cancel orders if Pelnut suspects Customer is purchasing Products and Services for the purpose of reselling them.
Customer accepts the terms of this Agreement when ordering online on pelnut.com or, when ordering by any other means, by opening the package containing the product or accepting a Service from Pelnut. Placing on order on pelnut.com or inputting information on pelnut.com does not mean Pelnut has accepted an order through its website. Pelnut only accepts Customer’s order by shipping the hardware Product or making the software Product available to Customer; or providing the Service. Confirmation of receipt of Customer’s order placed on pelnut.com shall not mean Pelnut has accepted Customer’s order.
1.1 Product shall mean any property trademark of their respective owners or third party hardware or software that Pelnut provides to Customer under this Agreement. Hardware products include computers and accessories. Software products include computer software programs (whether pre-loaded, provided separately, or provided as a subscription service) and related licensed materials such as documentation.
1.2 Service is the performance of a task; provision of advice or assistance; or access to a resource such as access to an information data base that Pelnut makes available to Customer.
2. Prices, Payment, and Errors
2.1 Except for credit or debit card transactions, or if not paid in advance of shipment, payment is due upon receipt of invoice. Any amounts not received by Pelnut within thirty (30) days of receipt of invoice shall be overdue. Customer shall pay a late payment fee of the lesser of one and one half (1.5%) percent per month or the maximum rate permitted by law on the undisputed overdue balance of the invoice amount. Customer shall pay any applicable sales, use or similar taxes, fees or duties unless Customer provides exemption documentation to Pelnut. Customer is responsible for taxes, if any, on Products from the date Pelnut ships them to Customer or on Services, on the date the Services are provided by Pelnut. No other discounts, quantity entitlements, or promotions apply unless agreed in writing by Pelnut. Delivery charges, if applicable, will be as specified in an invoice.
2.2 If Pelnut makes an error in pricing information and/or a typographic error on pelnut.com or otherwise in any advertisements or in any communications with Customer, Pelnut may nevertheless refuse or cancel an order placed for a Product or Service quoted at such price or described in error, even if Pelnut has confirmed the receipt of Customer’s order or charged Customer’s credit or debit card. If Pelnut has charged Customer’s credit or debit card, Pelnut will issue a credit to Customer’s credit or debit card account in the amount of the charge.
3. Electronically Delivered Software Products.
In the case of electronically delivered software Products, Customer will receive an email with an activation key and download link. Customer shall be responsible for downloading the software Product and bear risk of loss relating thereto, including the failure of a computer, hard drive, or internet connection. In the case of software provided as a subscription service, Pelnut shall provide instructions on how to access such services. Internet or other connection charges in connection with the download, access, and use of the software Product shall be Customer’s sole responsibility.
Customer may return an eligible Product in its original package to Pelnut for a full refund, less any applicable return shipping and handling fees and any applicable restocking fees as stated below. Customer may only return the entire Product or all such Products for a refund. For purchases from pelnut.com, all requests for returns must be submitted within 14 calendar days from the date of invoice. For purchases from Pelnut Outlet, all requests for returns must be submitted within 7 calendar days from the date of invoice. Unless Pelnut ships the wrong Product(s) or makes an error in the configuration of the Product(s) ordered, returns of purchases of: 1) server and storage products; 2) orders for personal computing products in quantities greater than five (5) units; and 3) Product(s) submitted outside the allotted calendar days from the date of invoice, are subject to a restocking fee of 15% of the price paid and return shipping and handling fees. Digital gaming products; partial refunds or credits for Products, including installation of software Product options; or quantities of Products that are not separately priced, are not available for return. To request a return, Customer must contact Pelnut to obtain an RMA (Return Merchandise Authorization) number. Any authorized return must include the Product and all accessories in their original packaging. It must be received at the Pelnut distribution Warehouse within 14 calendar days after the order delivery date. Returns on any other basis may be refused by Pelnut. Customer assumes risk of loss and damage for Products returned without an RMA. Upon receipt of your returned Product, Pelnut will issue a credit or refund of the purchase price paid, less any applicable return shipping and handling fees and any applicable restocking fees.
Software Products acquired separately from a hardware Product may not be returned unless media-based software is unopened and still in its sealed package or, if delivered electronically or via a subscription service, software that you have not accepted the terms of the software license. Customer may return the software Product in such an event within 14 calendar days of the date of invoice and receive a refund or credit in the amount of the price paid.
5. Title and Risk of Loss
5.1 Pelnut transfers title to hardware Products to Customer upon delivery to Pelnut’s designated carrier shipping the Products to Customer. Pelnut does not transfer title to Programs.
5.2 Pelnut shall bear the risk of loss or damage to hardware Products until they are delivered to Pelnut’s designated carrier for shipment to Customer. Thereafter, Customer assumes risk of loss or damage. Hardware Products will be covered by insurance, arranged and provided by Pelnut for Customer, covering the period until they are delivered to Customer.
6.1 LIMITATION OF LIABILITY. IN ANY ACTION UNDER OR RELATED TO THIS AGREEMENT, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, PELNUT SHALL NOT BE LIABLE TO CUSTOMER FOR ANY OF THE FOLLOWING EVEN IF INFORMED OF THEIR POSSIBILITY OR NOT AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE: 1) THIRD-PARTY CLAIMS FOR DAMAGES; 2) LOSS OF, OR DAMAGE TO, DATA; 3) SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR 4) LOSS OF PROFITS, BUSINESS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS. EXCEPT FOR BODILY INJURY (INCLUDING DEATH) AND DAMAGE TO REAL PROPERTY OR TANGIBLE PERSONAL PROPERTY, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, PELNUT SHALL NOT BE LIABLE FOR MORE THAN THE AMOUNT OF ACTUAL DIRECT DAMAGES SUFFERED BY CUSTOMER, UP TO THE AMOUNT CUSTOMER PAID FOR THE PRODUCT OR SERVICE.
6.2 Force Majeure. Pelnut shall not be liable to Customer for any failure or delay in the performance of its obligations hereunder, to the extent such failure or delay is caused by fire, flood, earthquakes, other elements of nature; acts of war; terrorism, riots, civil disorders, rebellions or revolutions; epidemics, communication line or power failures; governmental laws, court orders or regulations; or any other cause beyond the reasonable control of Pelnut.
6.3 Product Changes. Pelnut may change or discontinue Products at any time. In such event, Pelnut may fulfill Customer’s order with a Product that has substantially the same functionality and performance as the Product ordered by Customer.
6.4 Governing Law. This Agreement and all orders for Products and Services subject to this Agreement shall be governed by the laws of the State of Florida, without regard to its conflict of law principles. Neither You nor Pelnut may bring an action arising out of or related to this Sales Agreement more than two (2) years after the cause of action arose.