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Terms and Conditions

Terms of Use
These Terms and Conditions of Use (the "Terms of Use") are applicable to the Mobo Direct web site located at www.mobodirect.com, and all associated sites and sub-domains linked to www.mobodirect.com. The site is the property of Mobo Direct and its licensors. All users of this site agree that access and use of this site is bound to these terms and conditions. Please DO NOT USE THIS SITE if you do not agree with these terms. Mobo Direct reserves the right to change the TERMS AND CONDITIONS at its sole descretion.
 
US Consumer Law
The FTC's Bureau of Competition enforces the nation's antitrust laws which promotes the interests of consumers. The FTC's Bureau of Consumer Protection protects the US consumer, preventing unfair, deceptive and fraudulent business practices by managing consumer complaints and conducting investigations, taking legal action againist companies and people that break the law. Their other functions include developing rules to maintain a fair marketplace, and educating consumers and businesses about their rights and responsibilities.
 
Personal and Non-Commercial Use
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Mobo Direct. The collective work includes works that are licensed to Mobo Direct. Copyright 2013, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with or purchasing products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for non-commercial use, or to place an order with or to purchase products. Other use including but not limited to the reproduction, distribution, display or transmission of the content of this site is prohibited without Mobo Direct's express prior written consent. You further agree not to change or delete any proprietary notices from materials downloaded from the site.   
 
Site Content
All text,graphics, user interfaces, visual interfaces, photos, trademarks, logos, artwork and computer code ("Content"), including but not limited to the design, structure, selection, coordination, expression and arrangement of such Content, contained on the Site is owned, controlled or licensed to Mobo Direct, and is protected by copywright, trademark, IP rights and unfair competition laws. No part of the Site and no Content can be copied, reproduced, republished, uploaded, posted, used in public, encoded, translated, transmittted or distributed to another computer, server,web site or other medium for publication or distribution or for a commercial enterprise without Mobo Direct's express prior written consent.
 
Prohibited Uses
You agree NOT TO USE THE SITE (including materials or services obtained through site use): (a) in a manner that violates local, state, national, foreign, or international statute, regulaton, rule, order, or other law; (b) to stalk, harass, or harm another individual; (c) to impersonate another person or entity; (d) to interfere with or disrupt the Site or servers or networks connected to the Site; (e) to use data mining, robots, or similar data gathering or extraction methods in connection with the site; (f) unauthorized access to the Site, accounts, hosting servers, or networks connected to the Sites, whether through hacking, password mining, or other means; (g) to probe, scan or test the Site or network connected to the Site, nor breach the security or authentication measures on the Site or connected network. Site visitors are not permitted to reverse look-up, trace or seek to trace information on another user or customer of Mobo Direct, to exploit the Site or service or information made available or offered on the Site, where the purpose is to reveal or use the personal information that belongs to other users,as provided on the Site; (h) Use of Site such that it imposes an unreasonable or large load on the infrastructure of the Site or networks connected to the Site or Mobo Direct; (i) Use of device,software or procedure in an attempt to interfere with the normal working of the Site, or transaction being processed on the Site, or with another person's use of the Site.
 
Violation of These Terms of Use
 
Accounts and Passwords 
Certain features and services offered on this Site will require the user to open an account which includes setting up an account ID and password. The user is responsible for keeping this information secure and confidential account. The user agree's to notified Mobo Direct immediately if there is unauthorised use of their account or password credentials, or other breaches of security. The user could be held liable for losses incurred to Mobo Direct or another user or Site visitor due to unauthorised use of their password or account as a consequence of their failing to keep their account information secure and confidential.
 
Ordering Policy
Orders can be placed online or offline.
We do not offer a pick up service.
The customer has the right to cancel an order if it has not been processed.
Non-stock items will be placed on backorder with our suppliers subject to customer consent.
The customer will be notified via email if their purchased items can be placed on backorder.
The title of goods is passed to the customer when the order is paid in full and all funds cleared.
 
Payment Policy
Orders are not binding upon Mobo Direct until it is accepted and approved by Mobo Direct. Mobo Direct must receive full payment before it will process an order. 
 
We accept these methods of payment:
Paypal
Telegraphic Transfer
Credit Card
Bank Deposit
 
Pricing Policy
Prices are subject to the availability of components.
All prices are quoted in USD and are inclusive of all taxes.
Mobo Direct reserves the right to make changes and corrections to list prices without notice due to errors.
 
Returns Policy
Under US Consumer Law the customer has the legal right to obtain a refund or replacement for purchased products if the products are found to be faulty, not fit for purpose, do not match description. 
 
Mobo Direct reserves the right to reject a return, refund or warranty claim if the consumer has: 
 
Changed their mind. 
Caused accidental damage through misuse.
Purchased an incorrect product. 
Not provided proof of purchase. 
Not returned the product in original packaging.
 
In some circumstances we can offer our customers a return or exchange product provided:
 
The customer notifies Mobo Direct within seven days of receipt of delivery of the products. 
The retail packaging has been unpoened and is original condition
The customer accepts a restocking fee of 5% of the purchase price.
 
Loss or Damage in Transit
All orders are shipped to our customers FOB (Free On Board) shipping point, meaning title to the product(s) and risk of loss is transferred to the customer upon delivery to the carrier. Unless the goods are insured with the carrier, the liability of loss or damage in transit lies with the customer. 
 
Warranty 
All new products are sold with their standard manufacturer warranty. Please consult manufacturer documentation for their warranty terms and conditions. CPU Online is not a manufacturer or authorized service centre, therefore it is recommended that customers contact the manufacturer's product support before returning the product to us for a warranty claim. 
 
For RTB (return to base) manufacturer warranty claims customers should contact Mobo Direct via email in the first instance. We will then process an RA (Return Authorisation) with the manufacturer on their behalf and advise the customer where to return the product.   
 
For manufacturer direct warranty claims, customers are recommended to contact the manufacturer for technical and warranty support, to lodge warranty claims. Please consult manufacturer documentation regarding support and warranty. 
 
The manufacturer warranty is deemed void if the product seal is tampered with or removed. 
The manufacturer warranty is deemed void if the product has been physically damaged. 
The manufacturer's warranty does not cover damage to other equipment used in conjunction with these products.
The product must be returned with proof of purchase. 
The manufacturer warranty does not cover item operating outside normal operating conditions. 
The manufacturer warranty does not cover damage caused in transit. 
 
Limited Warranty 
Refurbished or used products ae sold wih a limited RTB (return to base) warranty. 
Refurbished or used products (includes discontinued and end-of-life) can also be sold with a valid manufacturer warranty. 
Discontinued or EOL (end-of-life) products can be sold with a valid manufacturer warranty. 
The product must be returned with proof of purchase. 
 
Condition 
Products can be sold in the following condition(s): 
 
Brand New: 
A brand new, unused, unopened, undamaged item in its original packaging (if applicable). Packaging should be identical to what is in a retail store, unless it is OEM packaging (non-retail), such as a non-marked box or plastic bag. 
New Never Used: 
A new unused item with no signs of wear. The item may be missing from its original packaging but not sealed. 
Manufacturer Refurbished: 
The item has been professionally restored to working order by a manufacturer or their approved vendor. This means that the product has been inspected, cleaned and repaired to meet manufacturer specifications, and is in excellent condition. The item may or may not be in the original packaging. 
Seller Refurbished: 
An item has been restored to working order by the reseller or a third party vendor not approved by the manufacturer. This means that the product has been inspected, cleaned and repaired to meet manufacturer specifications, and is in excellent condition. The item may or may not be in the original packaging. 
Used: 
An item has been used previously. The item may have some signs of cosmetic wear, but is fully operational and functions as intended. The item may be a floor model, ex-demo, store return that has been used. 
For parts or not working: 
An item does not function as intended and is not fully operational. This includes items that are defective in ways that render them difficult to use, items that require service or repair, or items missing essential components.
DOA:   
Dead on Arrival items are not functional. 
 
Trademarks
All trademarks, service marks and trade names of Mobo Direct used in the site are trademarks or registered trademarks of Mobo Direct. 
 
Warranty Disclaimer
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, Mobo Direct disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Mobo Direct 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. Mobo Direct does not make any warrantees 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
Mobo Direct 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 Mobo Direct 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. 
 
Typographical Errors 
In the event that a product is mistakenly listed at an incorrect Mobo Direct reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Mobo Direct reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Mobo Direct shall issue a credit to your credit card account in the amount of the incorrect price. 
 
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Mobo Direct without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. 
 
Notice 
Mobo Direct may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Mobo Direct. 
 
Disclaimer
Mobo Direct merchant operations are based in Australia.
 
Miscellaneous 
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 (including but not limited to the purchase Mobo Direct products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Mobo Direct products) must be commenced within one (1) year after the claim or cause of action arises. Mobo Direct's 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. Mobo Direct may assign its rights and duties under this Agreement to any party at any time without notice to you.  
 

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