Your use of the Kalabo Media Group web site (the “Site”) 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. 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.
These terms and conditions may be changed by Kalabo Media Group, Inc. in the future. It is your responsibility as a user to periodically return to this page to review the terms and conditions for amendments. The amended terms shall take effect automatically the day they are posted on the site. Your continued use of the Kalabo Media Group web site following any amendments will constitute agreement to such amendments. These Terms of Service were last revised on September 22, 2004.
Payment Options: We accept VISA, MasterCard, Discover, American Express, Diners Club, and Federal IMPAC, Bill Me Later, personal checks, company checks, money orders, cashiers checks, wire transfers, and company purchase orders on approved credit. Please contact an account rep for credit approval, 1-877-888-2678. We will not charge your credit card for an item until it is shipped. Credit card orders shipped to a location other than your billing address may require additional verification. Sales tax is collected only on shipments to California, Texas and Tennessee. All prices on the Kalabo Media Group site are quoted in U.S. currency and all orders must be transacted in the same.
Prices & Availability: Because of the fast-moving nature of our industry, prices and availability are subject to change without notice. If a product is not in stock when you place your order (for example, not yet available or sold out), we will do our best to let you know and to let you know when we anticipate the product will be available. Anticipated delivery dates are dependent upon vendor supplies and other factors and are subject to change.
Please note that all purchases are final. Some products may come with a manufacturer’s Money Back Guarantee (MBG). In these instances, please directly contact the manufacturer. Some products are not returnable under any circumstances - please see the important exceptions outlined below.
Unauthorized or Refused Returns: Kalabo Media Group will not accept unauthorized returns or exchanges. Packages without a Return Authorization Number will be refused upon return to our warehouse. Kalabo Media Group will impose a 15% restocking fee plus any applicable shipping and handling charges for refused shipments by the customer. Additional charges may apply if the merchandise is not returned in 100% complete condition in the original, unopened packaging. To complete a return, you must call an Kalabo Media Group customer service representative to obtain an RA (Return Authorization) number before returning your product to Kalabo Media Group. For faster service, please have the following information ready when calling for an RA number: Customer name, order number, item number and the reason for return.
Defective Returns: Defective returns will be accepted for exchange or repair, at our discretion, within 30 days from the shipment date. No refunds or credit will be granted after 30 days, the terms of the manufacturer’s warranty apply. Please contact the manufacturer directly. (Please see important exceptions listed below). A product must be diagnosed “defective” by a member of the Technical Support Staff at the manufacturer. You can get a list of manufacturer phone numbers in the Help Desk portion of our Web site. Once it has been diagnosed, please ask for a case number and contact our customer service department for a return authorization number. Any return found to be non-defective, once our warehouse has inspected it, is subject to a restocking fee of 15% and all non-product-related fees (shipping and handling fees) are not refundable.
Software: Defective software products may be exchanged for the same title only. Non-defective software that has been opened is not returnable under any circumstances unless the manufacturer offers a Money Back Guarantee (MBG). In this instance, please directly contact the manufacturer of the software title. All software is subject to license agreements or terms established by the software publisher. Be sure to read and agree to the license before using the software.
Special Return Policy for Reconditioned Products: Reconditioned defective returns will be accepted for exchange or repair, at our discretion, within 7 days from the shipment date. No refunds or credit will be granted after 7 days, the terms of the manufacturer’s warranty apply. Please contact the manufacturer directly. These products have been previously sold and returned, reconditioned by an Authorized Service Dealer and repackaged for selling purposes.
Money-back Guarantees: Kalabo Media Group does not offer a money-back guarantee on any product.
Typographic, Photographic & Technical Errors: Although we do our best to achieve 100% accuracy, occasionally errors & inaccuracies do occur. Should you encounter an error or inaccuracy, please inform us so it can be corrected. Products & packaging depicted may differ from stock available at time of shipment. We reserve the right to substitute equivalent items.
Warranty Disclaimer and Limitations on Liability: KALABO MEDIA GROUP PASSES THROUGH TO ITS CUSTOMERS ALL MANUFACTURERS¹ WARRANTIES AND GUARANTEES THAT ARE PROVIDED FOR THE PRODUCTS IT SELLS. KALABO MEDIA GROUP MAKES NO ADDITIONAL OR INDEPENDENT WARRANTIES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KALABO MEDIA GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
KALABO MEDIA GROUP SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS OR OPPORTUNITIES) OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF KALABO MEDIA GROUP FOR ALL DAMAGES SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE OF THE PRODUCT. LIKEWISE, KALABO MEDIA GROUP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ITS CATALOG OR WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. ALL MERCHANDISE IS SOLD ³AS IS². PLEASE CHECK MANUFACTURER PACKAGING AND MATERIALS FOR COMPATIBILITY. KALABO MEDIA GROUP MAKES NO WARRANTY AS TO THE PERFORMANCE OF ANY MERCHANDISE SOLD. WE ARE NOT RESPONSIBLE FOR SYSTEM DOWNTIME, LOST DATA, ETC. THIS DISCLAIMER BY KALABO MEDIA GROUP IN NO WAY AFFECTS THE TERMS OF ANY APPLICABLE MANUFACTURERS¹ WARRANTIES OR GUARANTEES. KALABO MEDIA GROUP WILL PROVIDE COPIES OF SUCH WARRANTIES AND GUARANTEES UPON REQUEST BY CALLING 404.733.1695. 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 DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS AND REMEDIES THAT VARY FROM STATE TO STATE.
Disputes: Any claims against Kalabo Media Group relating in any way to your purchases from Kalabo Media Group shall be submitted to confidential arbitration in Los Angeles, California. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator¹s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. In any such arbitration, the parties shall be responsible for their own costs, expenses and attorney¹s fees. [This clause can be made more specific concerning the method and manner of dispute resolution.] In the event that this arbitration provision is unenforceable, any litigation regarding this agreement or any transaction between the customer and Kalabo Media Group shall be brought in the state or federal courts located in Los Angeles County, California, and the customer hereby agrees and submits to such jurisdiction and venue as exclusive and proper.
Governing Law: Transactions between you and Kalabo Media Group, and any disputes arising between you and Kalabo Media Group related to any interaction between you and Kalabo Media Group, including but not limited to claims relating to the content of its catalogs and Web site, shall be governed by and construed in accordance with the laws of the State of California without regard to the laws regarding conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Title - Risk of Loss: Title to items being purchased passes from Kalabo Media Group to purchaser at the time of shipping. Customer takes on full liability for safety and validity of delivery address given to us at the time of purchase. Kalabo Media Group will not incur any forwarding costs on shipments. Kalabo Media Group shall not be responsible for damages or delays resulting from Acts of God, war, riot, seizure, terrorist activities, embargo or other acts or events outside of the reasonable control of Kalabo Media Group.
Return Procedures: The RA Number. Please note that ALL SALES ARE FINAL. Products manufactured by Apple, Sony, Fujitsu, Hitachi, Umax, IBM, Microsoft, NEC, Toshiba, Quark, and Compaq are not returnable to Kalabo Media Group for ANY reason. ALL CPU SALES ARE FINAL. Any product returned will be credited the lower of the purchase price or current price plus and restock fees. No return will be accepted without a return authorization (RA) number. To request a RA number, please contact an Kalabo Media Group Customer Service Specialist Toll Free at (877) 888-2678. RA numbers are valid for ten business days after issue. Your RA number(s) must appear clearly on the shipping label of the return shipment. Affix a label to the box: PLEASE DO NOT MARK THE BOX ITSELF IN ANY WAY. In the case of any product(s) returned for any reason, the returned item(s) must be 100% complete, in original and re-salable condition, with all packaging, manuals, registration card(s), accessories and software. We reserve the right to refuse a return on any product that does not meet these requirements. Shipping and Handling Fees are not refundable, with the exception of orders incorrectly shipped by Kalabo Media Group.
Important manufacturer exceptions to returns policy:
Third Party Service Contracts: Kalabo Media Group is a reseller of various service contracts issued by and performed by third party service providers. We are not the providers of the services described in those contracts and the third party service provider is the only party responsible for performing, or arranging for performance, of those services. You agree that the third party service provider is solely responsible for fulfillment of the service obligations and you agree that you will look only to the third party service provider for any loss, claims or damages arising from or relating to the purchase and performance of those services. You also agree to release Kalabo Media Group from any and all claims arising from or relating to the purchase and performance of the services to be provided by the third party service providers. In some states, those services may be subject to sales tax. To the extent that such taxes are collected by Kalabo Media Group, they are collected solely on behalf of the issuer of the service contract in Kalabo Media Group¹s capacity as an independent sales agent for the service provider.
Apple: In accordance with the terms of the manufacturer, Apple hardware products cannot be exchanged or returned to Kalabo Media Group. Defective products are repaired or exchanged at the discretion of Apple Computer, Inc. Please call Apple directly at (800) 767-2775 for assistance.
Compaq: In accordance with the established policies of the manufacturer, Compaq hardware products cannot be exchanged or returned to Kalabo Media Group. Defective products are repaired or exchanged at the discretion of Compaq. Please call Compaq directly at (800) 652-6672 for assistance.
IBM: In accordance with the established policies of the manufacturer, IBM hardware products cannot be exchanged or returned to Kalabo Media Group. Defective products are repaired or exchanged at the discretion of IBM. Please call IBM directly at (800) 388-7080 for repair or exchange of IBM products. To ensure service, you MUST specifically advise IBM that you are using the IBM EASY SERVE PROCESS.
Other products: In addition, the following products are not returnable, and all sales of these items are final. This policy is necessitated by restrictions imposed by the respective manufacturers: All Quark software products For a complete listing of Kalabo Media Group Policies, please visit http://www.kalabomedia.com
Additional Information: Kalabo Media Group policies are subject to change without notice. We do our best to ship all orders as rapidly and accurately as possible. However, Kalabo Media Group is not liable for late or delayed shipments or system failures. Title to items being purchased passes from Kalabo Media Group to purchaser at the time of shipping. If you purchase items for export, you must obtain from the Federal government certain export documentation. Terms of Kalabo Media Group’s agreements with numerous vendors in the catalog forbid us from exporting product. Some products are not available for sale to schools. All trademarks and registered trademarks are used to benefit of their respective owners.
Ordering Options: We accept orders online 24 hours a day, 7 days a week.
Phone Hours: Sales and Customer Service Specialists can take your call, Monday—Friday, 6 a.m. to 6 p.m., and Saturday 8 a.m. to 12 p.m. PST.
Sales: 404-733-1695
All trademarks and registered trademarks are used to benefit, and without intent to infringe on, the mark holder. The Kalabo Media Group logo is a registered trademark of Kalabo Media Group, Inc.
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