Terms & Conditions
CUSTOMER AGREEMENT (opening an account and using our services constitutes agreeing to the terms set below)
This Customer Agreement (“Agreement”) is a contract between you and Mallstorms.com (“mallstorms”) and applies to your purchase of Mallstorms products and to your use of the Mallstorms services (collectively the “Service”) available through www.novatechwholesale.com. If you do not agree to be bound by the terms and conditions of this Agreement, you will not be permitted to make any purchases.
You must read, agree with, and accept all of the terms and conditions contained in this Agreement before you may become a customer of Novatech Wholesale.
In this Agreement, “you” or “your” means any person or entity using the Service (“Customers”). Unless otherwise stated, “Mallstorms,” “we” or “our” will refer collectively to Mallstorms.com
Unless otherwise specified, all references to a “bank” in this Agreement include savings associations and credit unions, and all references to a “credit card” include American Express, Discover, Visa – and Master Card-branded cards.
You must agree to each and every condition in this Agreement:
1. Your status as a Customer. To become our customer, you must be a registered member with Mallstorms.com in order to use our Services; you must register on our web site to use our services. If you do not register you will not be able to save your information.
2. Eligibility. Our Services are only available to persons that can form legally binding contracts under applicable law. Without limiting the foregoing, our Service is not available to minors (under 18), persons who are suspended from our Service, or to persons who present an unacceptable level of risk.
3. Identity Authentication. In order to reduce online fraud Mallstorms has the right to request a photocopy of your Driver’s License and a copy of your Credit Card in order to verify your identity. You authorize mallstorms, directly or through third parties, to make any inquiries we consider necessary to validate your registration and verify your identity. However, because user verification on the Internet is difficult,mallstorms cannot and does not guarantee any user’s identity.
5. Purchase Order/Login and password protection/Indemnification/.
(a) Any purchase of a product or Service can be made only after you log in into your “User Account” using your user name and password. You are responsible for the use and protection of user name and password.
(b) You understand and agree that all risk associated with unauthorized use of your log in and password are solely yours and agree to hold Mallstorms harmless and free of any claims, liabilities, demands for reimbursement, credit card charge-backs, or causes of action relating to such unauthorized use.
6. Delivery according to the instructions. Generally, you make purchases that must be delivered to a third person (your customer). You hereby agree to waive any claim, objection, or a credit card chargeback based on the assertion that you did not receive the order or that the order is not in your dominion or control.
7. a) Prepayment. Novatech Wholesale retains the right, at any time and for any reason, to request, at their discretion, that the member provides a prepayment for order(s) in the form of bank transfer, direct deposit, money order or cashier’s check. If the prepayment is done in the form of bank transfer or cash direct deposit a credit is applied to the account within 1 business day. (Both of these methods must be performed by an authorized bank teller) If the prepayment is done in the form of a money order or cashier’s check it will take 7 to 11 business days for funds to clear and credit be applied to the account.
b) Prepayment Refund.
Mallstorms Liability. If Mallstorms fails to fulfill their obligations, meaning that Mallstorms is unable to send out merchandise in 5 business days after the funds have cleared and the order is canceled,Mallstorms will issue a refund for the prepayment in the form of a company check that will be sent to the member via USPS Mail service. In order to receive a refund in the form of a company check the Member must contact Mallstorms and make such a request, otherwise an automatic store credit will be issued in the exact amount of the prepayment. The member has a time limit of 30 days from clearing date to request a refund of the funds.
Member Liability. If a member requests a refund of the prepayment for any reason other than specified in the ” Mallstorms Liability” section, a refund will be issued in the form of a company check for the total amount of the prepayment less a processing fee of $30.00. A check will be sent out in 3 to 5 business days from the date a request is made. The member has a time limit of 30 days from clearing date to request a refund of the funds.
8. Legal Disputes. In the event any dispute arises between you and Mallstorms in relation to this Agreement or any transaction relating thereto, all claims or actions, whether judicial, quasijudicial, or administrative must be made in the Kern County, State of California. You hereby expressly agree to submit to jurisdiction of the appropriate Kern County court. If further agree that any claim or action against Mallstorms may be prosecuted solely and exclusively in the County of Kern, State of California.
9. Attorney Fees. In case of any collection activity, dispute, litigation, claim, or action arising in relation to this Agreement, the prevailing party shall be entitled to compensation of reasonable attorney fees and costs of enforcement.
(a) This Agreement is governed by and interpreted under the laws of the state of California.
(b) If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
(c) Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
(d) Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
(e) This Agreement set forth the entire understanding between Customer and´Mallstorms with respect to the subject matter hereof.
This return policy is applicable to all products with the exception of subscriptions, cd’s, digital downloads, DVD’s and software. We have a strict no refund policy on subscriptions, cd’s, digital downloads, DVD’s and software
We guarantee against manufacturers’ defects for 30 days from the date of the delivery on all products except for items listed in the Exception Section. Products with Manufacturer Warranties which exceed 30 days, may be returned directly to the manufacturer according to their instructions. All returns/exchanges must be made within 30 days of receipt of the merchandise. Merchandise must be in original factory condition, and must include all original packaging materials, warranty cards, manuals and accessories.
Exception Section – Items Not Covered Under this return policy:
TVs: If the item is defective the customer will need to contact the Manufacturer directly. If the item is unwanted and was not open, this item may be returned to us per our “Unwanted Returns” section.
Gaming (includes Brand New consoles and games for all different types of systems): All of the gaming comes with Manufacturer’s warranty unless specified otherwise in the description section of the item. If the item is defective customer will need to contact Manufacturer. If the item is unwanted and was not open, this item may be returned to us per our “Unwanted Returns”; section.
Personal Care Items: If the item is defective the customer will need to contact the Manufacturer directly. If the item is unwanted and was not open, this item may be returned to us per our “Unwanted Returns” section.
Items may be returned only with prior authorization.
All shipping and handling fees are non-refundable with an exception where Mallstorms has made an error by shipping an incorrect item to the customer. In this case, Member must contact Mallstorms to obtain a return label. Once item is returned back to the warehouse a correct replacement unit will be shipped out or a refund will be issued for the full amount of the order if the correct unit is unavailable. Mallstorms must be informed of the receipt of incorrect merchandise within a week of the delivery.
Unwanted Returns: Unwanted product returns will be subject to a 20% restocking fee and must have a Return Merchandise Authorization number (RMA#). Merchandise must be in the unused condition only.
Refused Delivery: Returns falling under this category will be treated as “Unwanted Returns”, consequently they will be subject to a 20% restocking fee. The customer will also be responsible for the return shipping cost incurred by the action of refusing the delivery.
Defective Items: A customer must return merchandise at their expense within 30 days from the date of delivery with prior Return Merchandise Authorization number. If an exchange is not requested at the issuing time of the RMA and automatic store credit will be applied once merchandise is returned back to the warehouse.
If the return request has been received Novatech Wholesale after 30 days from the original day of the receipt of the merchandise, the request will be denied.
Returns will have the option to be exchanged or refunded back to the original form of payment.. . Refunds may take 3 to 5 business days to post back to the credit card.