PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Agreement contains the terms and conditions that apply to the Customer's purchase of hardware, software and/or other products (Item or Items) from InfoSys Consulting, Inc. DBA VoIPToys.com. By accepting delivery and/or installation of the Item(s) described on the invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH VOIPTOYS.COM, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER VOIPTOYS.COM STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in VoIPToys.com sole discretion.
1) Other Documents
These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to place an order for Item(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and VoIPToys.com.
2) Payment Terms
Terms of payment are within VoIPToys.com sole discretion, and unless otherwise agreed to by VoIPToys.com, payment must be received prior to VoIPToys.com's acceptance of an order. Payment for the Item(s) will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by VoIPToys.com. Invoices are due and payable within the time period noted by VoIPToys.com, measured from the date of the invoice. VoIPToys.com may invoice parts of an order separately. Orders are not binding upon VoIPToys.com until accepted by VoIPToys.com. Any quotations given by VoIPToys.com will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
3) Order Cancellation
Order cancellation must be emailed to support@VoIPToys.com
within 24 hours of the placement of the order. Cancellations placed after 24 hours or order has shipped will result in a 15% restocking fee.
4) Shipping Charges & Taxes
Prices do not include charges for shipping and handling, and applicable taxes and separate charges for the aforementioned will be shown on the invoice. VoIPToys.com is obligated to withhold sales tax for delivery within the state of Wisconsin. Unless Customer provides VoIPToys.com with a valid tax exemption certificate applicable to the hardware/software ship-to location prior to VoIPToys.com's order confirmation, Customer is responsible for sales and all other taxes associated with the order.
All orders shipped outside the United States are subject to the following (if applicable to the location and Item(s) shipped): customs fees, brokerage fees, insurance, duty, tariff, and any other fees that are applicable and charged by their country. The Customer is responsible for these fees even if they refuse or return the Item(s).
5) Title & Risk of Loss
Title to products passes from VoIPToys.com to Customer on shipment from VoIPToys.com's facility, or applicable supplier. Loss or damage that occurs during shipping by a carrier selected by VoIPToys.com is VoIPToys.com's responsibility. If a damaged Item is received, please contact VoIPToys.com within 15 days of receipt of your order by e-mailing returns@VoIPToys.com
or calling our toll-free number. You must retain the original packing materials. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).
6) Return Policies
VoIPToys.com Item(s) purchased directly from VoIPToys.com by an end-user Customer may be returned by Customer within 30 days of the date on the invoice. Hardware must be received IN ORIGINAL PACKAGING, and a 15% restocking fee will apply. Customer will be responsible for paying shipping and necessary insurance fees when returning to VoIPToys.com. In the case of software that has been installed by a VoIPToys.com engineer, a request for uninstallation must be emailed to support@VoIPToys.com
within 30 days of the date of invoice, and a 30% service fee will apply.
VoIPToys.com hardware comes with a 90-day limited warranty. Warranties do not cover physical damage. The limited warranties applicable to Items purchased from VoIPToys.com are included in the documentation along with the Item. VoIPToys.com makes no express warranties except those stated in this section and in VoIPToys.com's applicable warranty statement in effect on the date of the invoice. Any such warranties will be effective, and VoIPToys.com will be obligated to honor any such warranties, only upon VoIPToys.com's receipt of payment in full for the item to be warranted. VoIPToys.com disclaims all other warranties, express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. VoIPToys.com's responsibility for warranty claims is limited to repair and replacement as set forth in VoIPToys.com's applicable warranty statement in effect on the date of the invoice. VoIPToys.com reserves the right to modify its warranty at any time, at its sole discretion.
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 once the software is installed. VoIPToys.com does not warrant any software under this Agreement. Warranties, if any, for the software are contained in the end-user license agreement that governs its purchase and use.
8) License to Software
If the Item being ordered is software/applications or digital content, VoIPToys.com grants the Customer a license for such Item on a non-transferable, non-exclusive basis to use the object code version of such Software/Applications or Digital Content. For details, refer to the end-user license agreement that governs its purchase and use.
9) Software Technical Support
All Software purchases include 30 days of free technical support starting at the time of purchase. Support is available Monday - Friday from 8:00 a.m. through 5:00 p.m. via phone or via email at support@VoIPToys.com
10) Limitation of Liability
VoIPToys.com does not accept liability beyond the remedies set forth herein, including any liability for Item(s) not being available for use or for lost or corrupted data or software. VoIPToys.com will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein.
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
13) Force Majeure
VoIPToys.com shall not be liable for loss or damage caused by any delay or failure to perform its obligations under these Terms & Conditions of Sale caused by failure of any machine, system of authorization, data processing or communications system, transmission link, strikes, lockouts, riots, war, fire, acts of God, accidents, material or transportation shortages, governmental restrictions or injunctions, or denial of import or export licenses, or compliance with any law, regulation or order, or due to any other circumstances or causes that have the effect of frustrating performance of these Terms & Conditions of Sale, or any other cause beyond the control of VoIPToys.com.
14) Invalidity of Provisions
If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
VoIPToys.com's failure to insist on performance of any term or condition contained in this Agreement, or failure to exercise any of VoIPToys.com's rights hereunder, shall not constitute a waiver of any of VoIPToys.com's rights or remedies under this Agreement.
16) Governing Law
The Agreement shall be exclusively governed by and construed in accordance with the laws of the State of Wisconsin, U.S.A.