This web site located at URL http://www.hdwise.com ("this Site") is SDS Global (the "Online Store". The following terms and conditions govern your use of this Site and the purchase of products by you through this Site. By using this Site, placing an order with us or submitting a purchase order to us, you are indicating your acceptance of the following terms and conditions (the "Terms and Conditions"). The Terms and Conditions shall supplement any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by us. We reserve the right to make changes to this Site and these Terms and Conditions at any time.
You agree that we, our directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content, or use of this Site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages, damages for loss of profits, revenue, data and use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, and use of, this Site or any other hyper-linked Web site.
While we endeavor to provide the most accurate, up-to-date information available, the directories and information on this Site may be out of date or include omissions, inaccuracies or other errors.
You agree that you will not misuse or abuse account access and passwords. You agree that you will only use your password and that you will take all reasonable precautions to protect its secrecy.
Capacity to Contract
You represent to us that you are of the legal age of majority in your state of residence and/or that you are duly authorized by your employer to use this Site.
Order Acceptance and Fraud Protection Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. HDWise.com reserves the right at any time after receipt of your order to accept or decline your order for any reason. HDWise.com reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over $1000.00 (USD) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.
HDWise.com may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by the same HDWise.com account, credit card, and also orders that use the same billing and/or shipping address. Notification will be sent to the e-mail and/or billing address provided should such change occur. We reserve the right to limit the quantities sold, including the right to limit or prohibit sales to dealers.
All items offered are sold at the most current prices available. Due to real time inventories and daily changes of costs and programs offered by manufacturers, prices and promotions will and do change frequently. HDWise.com is unable to provide any price protection; therefore we will not refund any price difference on your current or previous orders if you find a lower price from another company, and we cannot honor a promotion on a purchase made before the promotion start date. We sincerely appreciate your business and feel confident that our expertise, pricing and availability will exceed your expectations. As all prices are subject to change, your order may not be accepted or we may have to communicate price changes or availability issues to you after you place your order. All orders are subject to review and acceptance by HDWise.com.
Not all prices include charges for shipping and handling or taxes. Separate charges for shipping and handling will be shown on the invoice. We are obligated to withhold sales tax for delivery within certain states and all such taxes shall be automatically charged and withheld. Unless Customer provides us with a valid and correct tax exemption certificate applicable to the product ship-to location prior to our acceptance of the order, the customer is responsible for sales and all other taxes associated with the order not collected by us.
Although availability may be indicated on the Site, we cannot guarantee product availability and products, nonetheless, may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order.
If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.
Shipping terms are F.O.B. San Jose, CA or if drop shipped from a vendors FOB their shipping point. HDWise.com will arrange payment for shipping and insurance with the carrier, but such costs may be your responsibility. Risk of loss is upon you once HDWise.com, or its vendor, delivers the product to the carrier. Delivery times are good faith estimates only and HDWise.com or its vendor will not be liable for delays. All shipments are subject to stock availability. Please see our Shipping Policy for additional information.
Products sold by HDWise.com may be exported from the United States only in accordance with the Export Administration Regulations. Diversion contrary to United States law is prohibited. Customer warrants and represents that it is eligible to receive Products under United States law and agrees to abide by any export or re-export restrictions imposed by the manufacturer or publisher.
Compliance with Return Policies
You agree to comply with and be bound by the return policies in connection products purchased through this Site. For any exchange or refund, we need the original receipt or a record of the purchase in our system, the product must be in its original condition, including the box, UPC bar code, packaging, and all accessories. Shipping and handling charges are not refundable. Therefore we will refund you the money you paid minus shipping and handling fees. In case your order was covered by free shipping offer, you will still be charged for shipping and handling if you return the item(s).
All non-defective returns must be authorized by HDWise.com for return within 30 days from date of shipping. RMA number will not be issued after 30 day period. Authorization may be obtained by filling out the form, calling Customer Service at 850-387-0696 or by e-mail at firstname.lastname@example.org.
Upon receiving your RMA request, HDWise.com will issue you a RMA number within 2 business days. HDWise.com will not accept returns without an RMA number. RMA numbers are valid for 10 days. We will send you a refund for the full price of any product properly returned by you in accordance with the terms of this Return Policy excluding the original delivery charges and possibly up to 30% restocking fee. Return processing may take up to 10 business days from the time your product is received.
Return privileges are subject to various manufacturers' policies. Many manufacturers have imposed certain return restrictions. Consequently, HDWise.com reserves the right to decline specific return requests based on those restrictions. Be sure to ask us about specific return conditions before you purchase any item. Of course all of our products are warranted if they don't work please send an email to email@example.com and describe the problem you are having and we will respond within 12 hours on business days, or call us at 850-387-0696 M-F 7 am to 4 pm EST.
For additional information, please refer to Return Policy at HDWise.com.
Order Cancellation Policy
HDWise.com wants to treat our customers as forthright as possible but once the order process begins we are contractually committed to paying various fees even if you elect to cancel your order. Orders released to shipping, but not shipped, may qualify for only a 95% refund of the product price which excludes the shipping and order processing fees therefore you are committed to reimburse HDWise.com for those fees once your order is released for shipping and not shipped.
Please call us immediately at 850-387-0696 PST or email us at firstname.lastname@example.org for order cancellation.
As we process the orders with great care and concern accordingly to the customers' requirements and specifications; in return, we would like the customer to treat the order seriously. There is no exception to these charges.
Technical Service and Support
All requests for technical service and support for products purchased should be made directly to the manufacturer or us in accordance with their terms and conditions.
Vendor License Agreements
Customer agrees to abide by all license provisions or end user agreements imposed by the manufacturer or publisher.
Third Party Service Contracts and Information Sharing
We may employ third party companies to perform functions on our behalf. These functions may include order fulfillment, package delivery, marketing assistance, postal and e-mail delivery, customer service, data analysis, and credit processing. 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 HDWise.com 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. Taxes will be charged to applicable states.
The third parties we contract for the purposes mentioned above have limited access to your personal information and may not use it for other purposes. Some of them are:
P.O. Box 45950
Omaha, NE 68145-0950
US Postal Service Headquarters
475 L'Enfant Plaza, SW
UPS Corporate Headquarters
55 Glenlake Parkway, NE
Atlanta , GA 30328
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Website.
Links and Third Party Content
This Site may contain links to other Web sites on the Internet that are owned and operated by third parties. You acknowledge that we do not endorse and are not responsible for the operation of or content located on or through any such Web site.
Certain content from third party vendors may be made available as part of this Site. This content is believed to be reliable, but we do not endorse or guarantee the accuracy or completeness of this content.
Compliance with Laws
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, HDWise.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. HDWise.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. HDWise.com does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
HDWise.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if HDWise.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Disclaimer and Limitation of Liability as to Products Sold
Our products are not intended for use as critical components in life-support systems or devices. (Since we cannot control the manner of use of our products after their sale, we are not responsible for any direct, consequential or indirect damages resulting from their use.)
Any product offered by us is warranted only if, and only to the extent of the existence of, the applicable manufacturer's warranty, if any, and is distributed by us on an "AS-IS" basis without warranty by us.
You agree to indemnify, defend, and hold harmless HDWise.com, its officers, directors, employees, agents, licensor's and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site shall be in the state or federal courts located in Santa Clara County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of HDWise.com) must be commenced within one (1) year after the claim or cause of action arises. HDWise.com failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. HDWise.com may assign its rights and duties under this Agreement to any party at any time without notice to you. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws and are strictly prohibited from purchasing products from this Site.
FOR ANY BREACH OF THESE TERMS AND CONDITIONS, OUR SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE PRODUCTS ORDERED BY CUSTOMER.
IN NO EVENT SHALL WE BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY.
WE SHALL NOT BE LIABLE IF WE ARE UNABLE TO PERFORM ANY OF OUR OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND OUR CONTROL.
Damage or Shortage Claims
We pack your order carefully in compliance with common carriers' requirements. Please follow these recommendations upon receiving an order:
1. Open your order immediately upon receipt to check for concealed damage and compare the packing list or email acknowledgment to the items shipped.
2. Make a note of any damage or shortage on the freight bill or carrier's receipt next to your signature. (The carrier's agent must also sign acknowledging the loss). If damaged, keep the original shipping cartons for possible inspection by the carrier. You must report claims for loss or damage within 3 days of delivery. Please call us immediately at 850-387-0696 PST or email us at email@example.com for order problems.
Copyright and Trademark Notice
All trademarks are properties of its respective owners.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (and the compilation of such content), is the property of SDS Global and HDWise.com, The Online Store, or their content suppliers and is protected by United States and international copyright laws. All software used on this Site is the property of the Online Store or its /hardware/software suppliers and protected by United States and international copyright laws.
All marks indicated as registered on this Site are registered trademarks of their respective owners, in the United States and other countries. Other graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of HDWise.com, The Online Store or their content suppliers. The trademarks and trade dress on this Site may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us or our subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Errors on Our Website
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. While HDWise.com takes steps to ensure the accuracy and completeness of product and third-party services provided, please refer to the originator of information for details, for example the manufacturer for complete product details.
Although we do our best to achieve 100% accuracy, occasionally errors and inaccuracies do occur. Should you encounter an error or inaccuracy, please inform us so it can be corrected. Products and packaging depicted may differ from stock available at the time of shipment. We reserve the right to substitute equivalent items.
Communication with you
HDWise.com will communicate with you each step of the way via your registered email address, beginning with your order notification and payment instructions.
Please be sure to set up any blocking software you have installed to accept messages from firstname.lastname@example.org addresses so that we may communicate effectively about your order!
Please check your SPAM or Bulk Mail folders for our messages if you do not see an email from us shortly after you have ordered.
If you have a comment, question or request, or if you need to contact us for any other reason, there are three easy ways to do so.
1. Email: You can e-mail to email@example.com
2. Phone: You can call us at 850-387-0696
3. U.S. Mail: Send mail to us at:
Attn: Customer Service Department
503 Hermitage Ave,
San Jose, CA 95134
General: If any provision or provisions of these Terms and Conditions 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 be affected thereby. Products purchased or received under these Terms and Conditions are subject to export laws and regulations of the United States. The products offered here are solely for the use of our customers. You may not assign your rights or obligations under these terms and conditions without our express written consent.
PLACING ORDERS CONSTITUTES ACCEPTANCE OF ALL TERMS AND CONDITIONS STATED ABOVE. THE FOREGOING TERMS AND CONDITIONS APPLY UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH US IN WRITING, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN.