Purchase Terms & Conditions
TERMS AND CONDITIONS
Your use of the gravitygaming.com web site (the “Site”) and our services, including phone orders, all purchases, and inquiries, from Gravity Gaming is governed by the policies, terms, and conditions set forth below. Please read the following information carefully. By using this site or submitting an order for products or services, you indicate your acceptance of, and agreement to be bound by, the terms and conditions set forth below personally or as an agent for any business entity you represent. The term “Customer” means you or the business entity you are ordering goods or services for. If you do not agree to these terms and conditions, please do not use this site and please do not submit any orders for products or services. The terms and conditions posted on this website, including the warranty policy, are public information and must be adhered to by anyone doing business with Gravity Gaming unless there is a written contract signed by an officer of Gravity Gaming.
GENERAL TERMS AND CONDITIONS
1) Customer agrees that Gravity Gaming is not liable for mismatched product pictures or mistakes in product information. Gravity Gaming reserves the right to change products and specifications and those listed on the Site may not be current. Customer agrees to verify the specifications of each product with the order. Gravity Gaming is only responsible for products named on the invoice.
2) Our Gravity Gaming representatives are not authorized to make any representations or promises related to any product or services that exceed these terms and conditions and the warranty. Any additional provisions to your purchase must be made in writing signed by an officer of Gravity Gaming.
3) Customer agrees that shipping costs and expenses will not be refunded once we ship.
4) It is the Customer’s responsibility to look over their email confirmation and make sure all shipping, billing and item purchased are correct. If you do not get an email confirmation, call us to see if the order went through. Do not submit multiple orders.
5) Order cancellation will be accepted by phone with a Gravity Gaming representative (only before the order is processed). It cannot be done by leaving voice mails or website communications. You can confirm order cancellation by calling or emailing us at email@example.com. Cancellation on orders already charged maybe charges a credit card processing cancellation fee. If an order has already been built in our facility (entered Stage 4) but has not been shipped, maybe charge a 10% restocking fee which covers expenses for taking the system apart and re-stocking the hardware.
6) Gravity Gaming does include shipping insurance with every shipment.
7) “Customer” agrees that Gravity Gaming will not liable for carriers shipping delays.
Protecting your information is a priority for us. We use an encryption Secure Sockets Layer (SSL) technology to protect the security of your online order information. When you checkout you can look at the website address and see that it starts with https:// which ensure the security of the site. Some versions of browsers and some firewalls don’t permit connection through secure servers. In that case, you won’t be able to connect to the server and therefore won’t be able to place an order through an insecure connection. If you cannot access the secure server for any reason, Please contact us to place an order, 1-800-900-8809.
Visiting www.gravitygaming.com or sending emails to Gravity constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Gravity is not responsible for third party access to your account that results from theft or misappropriation of your account. Gravity and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Gravity does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.gravitygaming.com only with permission of a parent or guardian.
Gravity Gaming is committed to protecting your privacy. You can rest assured the information you provide us through our website will remain confidential and will not be sold to any third party for any reason. This means you won’t have to worry about getting a lot of unsolicited email or postal mail based on the information requests and feedback forms you submit.
If you wish to purchase products offered on the site, you will be asked to supply certain information, including but not limited to credit card or other payment information. You agree that all information you provide to Gravity Gaming will be accurate complete and current. You agree to pay all charges incurred by authorized users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes, and shipping and handling charges relating to your purchases.
WHERE WE SHIP
We ship to any physical address that the shipper/courier can ship to in the upper 48 states (excludes HI, AL, and Dominican Republic). In the case of a wrong addresses from a customer(s), we reserve the right to charge the face value that the shipper/courier charges us to reroute your package if the address was entered incorrectly. This charge can be anywhere from $5-$25 and if you agree your address is wrong, Gravity Gaming is authorized to charge your credit card for these fees.
Orders received before 3:00 PM CST are usually processed the same day for product build. Products are shipped only after build and the 72hr burn-in process has been done. This can take up to 15 days on a standard basis. Your order may be delayed if your ship to address does not match what your credit card issuer has on their file. Due to the many circumstances such as unable to charge your card or verify your address, we cannot guarantee when your order is shipped out. Also if you choose next day air service, it does not necessarily mean you will get it the next day from the order date, it means that you will get it the next day from the date we ship the order. Gravity Gaming reserves the right at any time after receipt of your order to delay your order for any reason.
Once an order is shipped, it is up to the shipper courier to deliver the products; we will not be able to stop the shipment once it is shipped. If the shipper/courier loses the package, the shipper courier will put a tracer on the package. Tracers take around 3 days for air packages and 7 business days for ground packages. We will not be able to ship out replacement packages until the shipper courier confirms that the package is lost/will not be delivered to its destination and they will reimburse us. Another delay is if there is no one to sign for the package, every package we ship usually requires a signature, if a package is returned to us because no one was available to sign for it or the address was input incorrectly at the time you enter the order, you will be charged again to ship it out a second time.
PRICING AND TYPOGRAPHICAL ERRORS
Due to the fast pace of the computer industry, all prices are subject to change without notice. We make every effort to list the most accurate, up to the minute information. Despite our efforts, some items on our website may be miss-priced or represented. If a product is listed at an incorrect price due to a typographical, photographical, or technical error or error in pricing from our vendors, Gravity Gaming reserves the right to refuse or cancel any orders placed for a product listed at the incorrect price. If your credit card has already been charged for the incorrect price, we reserve the right to immediately refund your card and cancel your order. You may also repurchase it for the correct price if you wish to. Due to the volatility in pricing for computer products, we do not match competitor’s pricing and we will not offer price protection beyond the 24hours of purchase.
ORDER ACCEPTANCE POLICY
Your receipt of an electronic or phone order confirmation does not signify our acceptance of your order. Gravity Gaming reserves the right at any time after receipt of your order to accept or decline your order for any reason.
DISCLAIMER AND LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GRAVITY GAMING AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
- Arbitration: In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
- Class Action Waiver: Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- Indemnification: You agree to indemnify, defend and hold harmless Gravity Gaming, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Gravity Gaming reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Gravity Gaming in asserting any available defenses.
SERIAL NUMBER TRANSFER
GRAVITY GAMING retains title to parts and complete systems purchased until the said purchaser pays for items in full at which time the title passes to purchaser.
RETURNS AND REPLACEMENT POLICY
You can return the system if not completely satisfied within 30 days. All transactions and premature order cancellations are subject to have a 10% restocking fee. All returned merchandise must be accompanied by its original packaging, accessories and manuals. You must contact Gravity Gaming customer support for an RMA# prior to return of merchandise.
Defective or DOA merchandise will be replaced with the same or equivalent item, upon return of the defective merchandise. Gravity Gaming reserves the right to use remanufactured or refurbished parts for repairs or DOA replacements. If support deems the DOA as a hardware problem we reserve the right to replace the specific part in the computer and not the whole system. Gravity Gaming is not responsible for any damages caused by either internal or external equipment, shorted connections or components not installed by or purchased from Gravity Gaming. Gravity Gaming is not responsible for damages to any components or loss of any data inadvertently caused by products, under normal or abnormal use, including those purchased from Gravity Gaming. Gravity Gaming will not replace, repair or refund any purchase if an item’s serial number does not match what was originally sold. There are absolutely no refunds for custom work (i.e custom paint, special order chassis, and custom cutouts). Gravity Gaming will be not be responsible for return or replacement shipping costs. The customer is responsible for setup return shipping. Limited warranty replacement does not cover damages or defects cause by: Shipping (beyond original shipment from Gravity Gaming), improper installation, misuse, modifications, unauthorized repair, adjustments, or excessive electrical power. Warranty and 30-day money back guarantee only applies to system/s sold directly by Gravity Gaming or an authorized dealer. See Warranty page for more information.
MONEY BACK GUARANTEE
Gravity Gaming offers a 30 day money back guarantee on all of our systems. You can return the system if not completely satisfied within 30 days of receiving your products and/or from the date of delivery signature specified by FedEx/UPS tracking number. All systems returned are subject to a 10% restocking fee. Shipping costs and any customization options are not refundable, and we are not responsible for return shipping costs. Orders over $5,000 are not eligible for return. All returned merchandise must be accompanied by its original packaging, accessories and manuals. You must contact Gravity Gaming customer support for an RMA# prior to return of merchandise (firstname.lastname@example.org). We ask that you make sure when you place your order that you understand the product you are getting may not be changed once the order has gone into production. 10% Service fee on all canceled processed orders even if the order hasn’t shipped.
Gravity Gaming reserves the right to determine the cause of the warranty issue and whether or not it will be warrantied.
Defective or DOA merchandise will be replaced with the same or equivalent item, upon return of the defective merchandise. Gravity Gaming reserves the right to use remanufactured or refurbished parts for repairs or DOA replacements. If support deems the DOA as a hardware problem we reserve the right to replace the specific part in the computer and not the whole system. Gravity Gaming is not responsible for any damages caused by either internal or external equipment, shorted connections or components not installed by or purchased from Gravity Gaming. Gravity Gaming is not responsible for damages to any components or loss of any data inadvertently caused by products, under normal or abnormal use, including those purchased from Gravity Gaming. Gravity Gaming will not replace, repair or refund any purchase if an item’s serial number does not match what was originally sold. There are absolutely no refunds for custom work (i.e custom paint, special order chassis, and custom cutouts). Gravity Gaming will be not be responsible for return or replacement shipping costs. The customer is responsible for setup return shipping. Limited warranty replacement does not cover damages or defects cause by: Shipping (beyond original shipment from Gravity Gaming), improper installation, misuse, modifications, unauthorized repair, adjustments, or excessive electrical power. Warranty and 30-day money back guarantee only applies to system/s sold directly by Gravity Gaming or an authorized dealer. See Replacement information or warranty website page for more or email us with questions at email@example.com.
Shipping Warranty Parts:
- You must contact Gravity Gaming support prior to returning any warranty part(s) or DOA machines.
- Customers will be responsible for setting up shipping and all costs to send the bad part(s) back to us. We can cross-ship replacement parts.
- Gravity Gaming guarantees all warranty issues are handled in a timely manner. Most warranty parts will ship the same day. Accelerated shipping is also an available option when needed for crucial situations.
If a product that Gravity Gaming ships out to Customer comes back to Gravity Gaming as refused delivery, the customer will be subject to fees. A restock fee of 10% may be applied to computer system. Also, the shipping fees for sending the package to the Customer and receiving the package back from the Customer will not be refunded.
SPECIAL ORDERED COMPONENTS & ACCESSORIES
Customers are more than welcome to request Gravity Gaming to purchase components or accessories that we normally do not offer and stock for customers to purchase on our website. In the event of an order cancellation, such items cannot be returned to Gravity Gaming for a refund under any circumstances once they have been ordered, they will be returned back to the customer at the customer’s expense. In addition, if any special ordered components or accessories turn out to be defective during testing at Gravity Gaming or after the customer receives the end product, it will be the responsibility of the customer, not Gravity Gaming to obtain replacement warranty service directly from the manufacture.
Gravity Gaming reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Minnesota and you hereby consent to the exclusive jurisdiction and venue of courts in Minnesota in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Gravity Gaming as a result of this agreement or use of the Site. Gravity Gaming’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Gravity’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Gravity Gaming with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Gravity Gaming with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Gravity Gaming with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
CHANGES TO TERMS
Gravity Gaming reserves the right, in its sole discretion, to change the Terms under which www.gravitygaming.com is offered. The most current version of the Terms will supersede all previous versions. Gravity Gaming encourages you to periodically review the Terms to stay informed of our updates.
Gravity Gaming welcomes your questions or comments regarding the Terms:
3131 24th Ave S
Moorhead, Minnesota 56560