Terms of Use

 

Payment Methods

• Visa

• MasterCard

• PayPal

• Bitcoin

 

Shipping Methods

• FedEx 3Day Express Saver – 3 to 4 business days + 24-48 hours to process the order.

• FedEx 2Day – Delivery within 2 business days + 24-48 hours to process the order.

• FedEx Standard Overnight – Delivery within 1 business day + 24-48 hours to process the order.

• UPS Ground – 5 to 7 business days + 24-48 hours to process the order.

• UPS 3Day –  – 3 business days + 24-48 hours to process the order.

• UPS 2Day – 2 business days + 24-48 hours to process the order.

• Large Item Delivery and White Glove Delivery – 3 to 5 business days + 24-48 hours to process the order.

• USPS, Media Mail – Delivery within 2 to 9 business days + 24-48 hours to process the order. (This applies to DVD purchases only.)

• USPS – APO/FPO/DPO orders welcome! Delivery will take approximately 2 to 6 weeks + 24-48 hours to process the order. (Due to military APO/FPO/DPO box size, 19″ and larger monitors cannot be shipped via this method; please remove them from your shopping cart before proceeding.)

• For Hawaii and Alaska customers, FedEx can only ship via 2Day Air and the shipping time will not be guaranteed. Therefore, Newegg.com will default to and charge for 2Day Air.

• FedEx only offers 2Day service to Hawaii and Alaska. If you have selected FedEx Saver as your preferred shipping option and attempt to checkout, the shipping method will default to 2Day and you will subsequently be charged accordingly.

• All orders require 3 business days processing time before shipping.

• All orders shipped within California, Indiana, New Jersey, Pennsylvania, Tennessee, and Washington will be charged state sales tax. Please note that the sales tax for New Jersey and Tennessee orders is calculated based on the total price of the order, including shipping and handling. The tax imposed by these states on shipping and handling is part of the state sales tax, not a separate tax.

• Exact delivery times to Hawaii, Alaska and Puerto Rico cannot be guaranteed.

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Price Matching

Dracaena.io does not price match competitors but will honor our advertised prices on our website. For your convenience, all of our most current pricing is listed on our website and updated in real-time. Prices are non-negotiable.

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Website use

You agree to use dracaen.io website (the “Website”) only for purposes that are permitted by this Policy & Agreement and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree that you will not access or attempt to access the Website other than through the interface that is provided by dracaena.io, unless you have specifically been permitted to do so in a separate written agreement signed by an authorized representative of dracaena.io. You specifically agree not to access or attempt to access the Website, or any portion thereof, through any automated means, including but not limited to the use of scripts or web crawlers. You agree that you will not engage in any activity that disrupts or otherwise interferes with the Website (or the servers and networks which are connected to the Website). You agree that you will not duplicate, reproduce, copy, sell, trade or resell the Website for any purpose. You agree that you are solely responsible for any breach of your obligations under this Policy & Agreement and for the consequences (including any loss or damage which dracaena.io may suffer) of any such breach.

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Customized systems

Customized systems are built-to-order. The components you select for your system will be assembled and tested by trained staff. Customized systems require adequate time for assembly as well as testing to ensure the components are functioning properly. Assembly time varies depending on the system. The required assembly time for each particular system will be listed on the item’s product page.

Your order must be charged in full before we begin building your system. Please note that once an order is charged, it cannot be changed or canceled.

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Sales Tax

Sales tax is only required for orders shipping into states where we have or may have nexus for state tax purposes under applicable laws. Therefore, all orders shipping into Alabama, California, Connecticut, Hawaii, Illinois, Indiana, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, New Jersey, Nevada, North Carolina, North Dakota, Pennsylvania, South Carolina, Tennessee, Vermont, Washington, and Wisconsin will be charged applicable sales tax according to your area’s tax rate. Please note that the sales tax for New Jersey and Tennessee orders is calculated based on the total price of the order, including shipping and handling. The tax imposed by these states on shipping and handling is part of the state sales tax, not a separate tax.

All customers outside of California, New Jersey, Pennsylvania, Tennessee, and Washington will not be charged any state sales tax. Therefore, there is no need to fax or set up any reseller tax exemption form.

 

Electronic Waste Recycling Act

The Electronic Waste Recycling Act (“Act”) became law in California on January 1, 2005. The primary objective of this law is to initiate a recycling program for computer products containing chemicals deemed hazardous to the environment. To fund this program, California requires retailers and e-tailers to collect, on the state’s behalf, a fee for each product covered by this law. The fee is paid by the consumer at the time of purchase of the covered product. This fee will be remitted directly to the state and only applies to orders shipped within California.

The types of products that we are required to collect this recycling fee include cathode ray tubes, cathode ray tube devices, flat panel screens, and other similar video display devices. The actual amount of the recycling fee will vary, based on the screen size of the product when measured diagonally, as follows:

• Greater than 4″ and less than 15″ — $5.00

• Greater than or equal to 15″ and less than 35″ — $6.00

• Greater than or equal to 35″ — $7.00

For more information concerning the scope and details of the Act, please refer to the California Department of Resources Recycling and Recovery’s website or to the Department of Toxic Substances Control’s website.

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Product Testing

Dracaena.io ships items in the condition they were received from the original manufacturer/distributor. Therefore, Dracaena.io does not conduct product testing before shipping any merchandise except for Customized System.

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Returns and Refunds

• Dracaena accepts returns for refunds within 30 days of the item’s delivery date.

• The customer is responsible for all shipping costs associated with returning the item. Once the return is received and inspected, a refund will be processed.

 

Warranty Policy

• Dracaena provides a 12-month warranty on all products if the warranty is activated by the customer. Warranty activation must be completed within 30 days of receiving the item.

• If the warranty is not activated, a default warranty of 3 months applies, starting from the day the item is shipped from Dracaena.

 

Warranty Coverage

• Dracaena will replace any item within the warranty period, with the exception of items that fall under the Physical Damage Policy (see below).

• The customer is responsible for shipping costs when sending the warranty claim item back to Dracaena.

• Dracaena will examine the warranty claim item upon receipt and determine if the item is eligible for replacement. If the claim is approved, Dracaena will cover the shipping costs for the replacement item.

 

Physical Damage Policy

• Warranty does not cover items with damage caused by misuse, unauthorized repairs, or accidental damage.

We are committed to providing quality products and exceptional customer service. If you have any questions, feel free to contact us at 

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Processing Time

You can expect your order to be processed within approximately 3 business days, provided the items are in stock and there are no problems with payment verification. Dracaena.io does not guarantee same-day shipping. Orders are not processed on weekends and holidays.

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Order status

Dracaena.io will keep you informed of your order status via e-mail. All tracking information will be emailed to your dracaena.io Account once your order has shipped (except when an APO/FPO/DPO is the shipping destination). You may also acquire your order status and other live updates by logging in to your account on our Web site.

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Security

Security is our number one priority. All online transactions are sent through our secure server and encrypted with 256-bit technology. Once we receive your information through the Internet, only trusted, authorized employees will process the payment to make sure your information is handled with the utmost level of security.

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Cancel Orders

You may request that an order be cancelled provided the order has not already been processed and shipped. Inquire dracaena.io to request an order cancellation. You will receive a credit for the full amount to your credit/debit card in approximately 1-2 business days if the cancellation is accepted.

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Product Listings

Prices and availability of products are subject to change without notice. Dracaena.io strives for accuracy in all item descriptions, photographs images, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our Web site. Due to system, typographical, informational, technical, human, and other errors, we cannot and do not guarantee that all information, including descriptions, photographs images, compatibility references, detailed specifications, pricing, links, availability and any other product-related information listed is accurate, complete or current, nor do we assume responsibility for these errors. Dracaena.io reserves the right at any time and without notice to update product information and to correct and/or remove product-related errors, inaccuracies, or omissions. Dracaena.io shall at its sole discretion have the right at any time to refuse and/or cancel any order for a product whose listing on the Web site contained erroneous information, including but not limited to incorrect pricing. If such an order is canceled after your credit card has been charged for the purchase, dracaena.io will issue a credit to your credit card account in the amount of the charge. Additionally, all hyperlinks to other Web sites from dracaena.io are provided as resources to customers looking for additional information and/or professional opinion. Dracaena.io does not assume responsibility for the claims and/or representations made on these or any other Web sites.

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Product Revisions

Dracaena.io is not responsible for changes or variations in product specifications and/or physical appearance. In the interest of our customers, dracaena.io puts forth its best efforts to ensure that all product information is up-to-date and factual. Unfortunately, there are varying determinates which, although infrequent, could cause the information on our Web site to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations, and other variations that may be considered inconsequential by the manufacturer. Dracaena.io relies on the manufacturer to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. Consequently, dracaena.io will not be held responsible for product revision changes.

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Purchase Agreement

By accepting delivery of any product ordered from dracaena.io (“dracaena.io”), you (“Customer”) agree to be bound by the terms and conditions listed below. You and dracaena.io agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and dracaena.io. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from dracaena.io.

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Disclaimer & Limitation of Liability

Dracaena.io shall not be held responsible for damage or loss of any kind due to your use of software and/or any other product purchased at dracaena.io. Our maximum liability to you is the amount you paid for the product. Products mentioned at dracaena.io are not necessarily endorsed by us. We do not make any warranties about the products in our store or the accuracy of our product listings. We reserve the right to limit quantities and reject orders from dealers and resellers. 

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THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY DRACAENA.IO'S ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND HEREUNDER, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

[NEW JERSEY CONSUMERS] THE FOREGOING DISCLAIMERS AND LIMITATION OF LIABILITY PROVISIONS SHALL NOT APPLY TO THE EXTENT THAT ANY CLAIMS, DAMAGES, COSTS OR EXPENSES ARE THE RESULT OF OUR OWN NEGLIGENCE, FRAUD, WILLFUL INJURY OR VIOLATION OF LAW, OR A VIOLATION OF THE NEW JERSEY PRODUCTS LIABILITY ACT, N.J.S.A. 2A:58C -1 et seq. 

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General Terms and Conditions

Orders

An order is not binding upon dracaena.io until it is accepted; Dracaena.io must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customers can make payments by credit card, or some other method prearranged with dracaena.io. You agree to pay the amount(s) due as specified on the invoice.

 

Shipping Charges

Your total cost for the purchase of any product will include the shipping and handling charges shown on your dracaena.io invoice. However, your original shipping fees are non-refundable in the case of a returned product. Those fees are paid for the services provided by and to the original carrier, and will not be refunded to you.

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Risk of Loss

Dracaena.io will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) — excepting software– and risk of loss passes to the Customer upon delivery to the carrier. Dracaena.io reserves a purchase money security interest in the product(s) until its receipt of the full amount due. The customer agrees to allow dracaena.io to sign appropriate documents on the Customer’s behalf to permit dracaena.io to protect its purchase money security interest. The title to the software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. The customer agrees to be bound by any software license agreement once the seal on the package is broken. Dracaena.io will advise Customer of estimated shipping dates, but dracaena.io will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.

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Governing Law and Jurisdiction

Any dispute arising out of or related to these Terms and Conditions or the sales transactions between dracaena.io and Customer shall be governed by the laws of the State of California, without regard to its conflict of laws rules. Specifically, the validity, interpretation and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Except for claims for injunctive relief by either party, Customer and dracaena.io agree that any dispute or controversy arising out of, in relation to, or in connection with this agreement or Customer’s use of the Website shall be finally settled by binding arbitration in Fremont, California under the then current rules of JAMS (formerly known as Judicial Arbitration & Mediation Services) by one (1) arbitrator appointed in accordance with such rules. ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR THE SALES TRANSACTIONS BETWEEN DRACAENA.IO AND THE CUSTOMER, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND DRACAENA.IO AND CUSTOMER EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS AND CONDITIONS.

Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against dracaena.io that is more than one year after the date of the applicable invoice.

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Export and Import Compliance

Dracaena.io complies with applicable federal, state, and local laws and regulations, including export control laws and regulations. Dracaena.io will not ship to any embargoed country under sanction. International Customers shall be responsible for clearing local customs, complying with local import regulations, and fulfilling import requirements as set forth by the International Customer’s local import laws and regulations. After taking ownership of dracaena.io item, the Customer is solely responsible for complying with export control laws and regulations for any post-purchase shipping or relocation of the dracaena.io item.

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Severability

If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, 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 result that is valid and enforceable under applicable California law.

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Waiver

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 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 unless such waiver is made in writing.

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Entire Agreement

These terms and conditions, together with dracaena.io’s invoice regarding the products ordered by Customer, are the complete and exclusive agreement between dracaena.io and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between dracaena.io and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.