Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
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 GearVana, Inc.. The collective work includes works that are licensed to GearVana, Inc.. Copyright 2011, GearVana, Inc. 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 GearVana, Inc. or purchasing GearVana, Inc. 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 your own non-commercial use, or to place an order with GearVana, Inc. or to purchase GearVana, Inc. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by GearVana, Inc.. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of GearVana, Inc. used in the site are trademarks or registered trademarks of GearVana, Inc.
Limitation of Liability
GearVana, Inc. 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 GearVana, Inc. 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 GearVana, Inc. product is mistakenly listed at an incorrect price, GearVana, Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. GearVana, Inc. 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, GearVana, Inc. 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 GearVana, Inc. 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
GearVana, Inc. 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 GearVana, Inc..
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Arizona, 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 of GearVana, Inc. products) shall be in the state or federal courts located in Maricopa County, Arizona. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of GearVana, Inc. products) must be commenced within one (1) year after the claim or cause of action arises. GearVana, Inc.'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. GearVana, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a GearVana, Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
GearVana, Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, GearVana, Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, GearVana, Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to GearVana, Inc. in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless GearVana, Inc., its officers, directors, employees, agents, licensors 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.
Third-Party Links
In an attempt to provide increased value to our visitors, GearVana, Inc. may link to sites operated by third parties. However, even if the third party is affiliated with GearVana, Inc., GearVana, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of GearVana, Inc.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, GearVana, Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
GearVana Inc. is not associated with Apple, Blackberry, Microsoft, Nintendo, Sony or any other Manufacturer that may be listed on our website.
GearVana is in no way associated with any of the companies or manufacturers of any electronic devices stated above or on our related website(s). Opening a device may limit or void any warranty you may or may not have with the Manufacturer or insurer of your device.
Non‐Repairable Device due to part availability, Part Sourcing and/or Poor Quality of Parts
Due to the nature of the industry, parts can become scarce, unattainable, or do not meet our quality control standards. In the event that this happens you will be contacted promptly and made aware of the situation. This can cause repairs to take more than 24 hours or in the worst case scenario become non‐repairable. In the event of this happening, you will be refunded for any parts you purchased for a repair, however, there will be a service fee charged for the labor and technician time. If you elect not to recycle your device and wish to have it returned, there will be a shipping fee added to the labor service fee.
Abandonment of Devices
In the event your device is left with us for 90 days or more your unit will be considered abandoned and will be recycled. This can happen if we are awaiting an authorization for a repair and are unable to contact you by phone or email. It can also occur if we do not receive payment for our services or repairs.
Disassembled or Open Devices
If we receive disassembled devices we reserve the right to charge a service fee for Technician time to reassemble and test the device to determine what type of repair is needed. It is a possibility that the devices may be returned with less functionality than when we received it. Previously disassembled units that are received can be unpredictable and may become non‐repairable during the diagnostics process.
If We Break Something
In rare cases a technician may accidentally break a component on your device. If this happens we will take full responsibility to repair the damage caused by our technician at no charge to you. In some cases, due to part availability, we may use refurbished or used parts to repair your device. In the worst case scenario we may have to replace your unit with a new or refurbished device of equal value.
Liquid Damaged Devices
Electronics that come into contact with liquid can be a challenging repair. If a unit is recoverable by our liquid damage process this does not guarantee that the unit will stay fully functional for any period of time. This is also the case even if we put new parts into the unit to bring it back to full functionality. Due to the nature of liquid damage a unit can still have microscopic levels of corrosion on any component on the device which over time can destroy contacts on the logic board. As a result, this can deteriorate the functionality of your device and it can become non‐functional. This is not covered under our warranty and you understand that liquid damaged devices that we repair do not come with a warranty of any kind.
Firmware Update
If your device needs to be restored and you do not specify what firmware you are running, we will update your device to the latest version.
Devices that are not fully functional or not able to be tested fully upon arrival
Technicians at GearVana fully test every unit that is received upon arrival to ensure the repair requested is the one that is needed. It may be impossible to test some units for full functionality if the device does not power on, has a broken LCD, broken face plate, broken lens, security pass code, deactivation or any other damage that may limit full testing upon arrival. In these cases, we are not responsible for any other repair that may be needed other than what the device originally came in for and you understand that we cannot be held liable for any issues that were unseen because we were unable to fully test the device.
Refund / Return Policy
All of our repair jobs are non-refundable. Our products are warranted against inherent defects, however, due to the delicate nature of electronic parts we do not accept returns, exchanges or refunds. All of our parts are sold under warranty, and replacements will be issued for any non-functional, defective, or incorrect part received by our customers still under warranty. We require customers to complete an RMA during the 90 day warranty period for any warranty related claims for repair issues.
Parts and/or accessories purchased that have defects or issues must have an RMA completed within 7 days of receipt of product. We require the original product be returned to us prior to the part/item being replaced and shipping/return costs will be at the customer’s expense. If upon careful and professional inspection, returned parts are found to have been damaged by the buyer, or are found not to be defective or incorrectly claimed, it is the customers responsibility to pay return freight back to their location. Any denied RMA claims will be recycled 7 days after the customer has been notified of denial status.
All approved warranty exchange authorizations can take up to 4 weeks for delivery of replacement parts. Our Return Merchandise Authorization (RMA) process must be followed in order to have parts considered for exchange. Please do not return parts without a return merchandise authorization or the claim be automatically denied and any parts received recycled.
Loss of Data
You are highly encouraged to backup your personal data/information prior to sending your device in for repair. We are in no way responsible for the loss of any data or media on any device. It is your responsibility to back up your data and media.
Cancellation and Restocking Fees
If you decide to cancel a repair or return an item, we reserve the right to charge a service fee.
Parts and Labor Warranty
Unless otherwise specified, most of our repairs are covered under a 90 day warranty against any manufacturing defects and problems from installation. Warranties do not include damage caused by the customer within the warranty period. All warranties go into effect at the time of purchase, not when you receive your device.
Parts Used
We attempt to use new parts for every repair completed, however, in some case we do use re‐ conditioned parts. All parts used are covered under our warranty no matter if they are reconditioned or new.
Pricing
Pricing can decrease or increase without notice any time. We will not refund any difference from the time of purchase due to a price change.
SIM Cards, SD Cards, Memory Cards, Protective Covers, Screen Protectors, Cases, Wraps
We are not responsible for SIM Cards, SDCards, Memory Cards, protective covers, screen protectors, Cases, and Wraps. Please do not mail these items along with your device. If you do not remove a screen protector from your unit it may have to be removed to do the repair and will be discarded. It is your responsibility to remove these items prior to mailing.
Shipping
We are not responsible for any lost, stolen, or damaged packages. If you choose to use our shipping options, all packages will be insured up to $100.00 and we will do our best to help investigate lost, stolen, or damaged packages along with you. However, if you need to place an insurance claim you will need to do so directly with the responsible shipping carrier.
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