Terms & Conditions
1. This website is operated by Rackmount.IT LLC. It is important that you carefully read these terms and conditions of use before you register with the Rackmount.IT webshop.
2. The Rackmount.IT webshop is a business-to-business webshop. All visitors on this website are not entitled to consumer rights.
3. We provide services to you through our website and those services are provided to you on the basis of these terms and conditions. Please note that they may vary from time to time without notice to you.
4. When you use our website or any of our services, you may be advised that special guidelines apply. Unless otherwise stated, these guidelines or rules form part of these terms and conditions.
5. These terms and conditions apply to all users (including casual browsers) whether or not the registration process has been completed.
6. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.
2. Description of Services
You are able to benefit by using our website for online retailing, and any other services which we may add from time to time. We also may remove certain services from our website. Certain services may have their own, additional special terms and conditions. These will be made clear to you before you use those services. We may discontinue providing certain or all of the services on all or part of the website at our discretion and without notice to you. We will, however, endeavor to let you know of this via our website.
All prices exclude VAT, transport costs and other taxes at the applicable current rates.
Payment can be made by PayPal or by Visa and Mastercard on the site. Distributors and some resellers can also purchase on account.
5. Confirmation of Order
1. Following completion of your order, we will send to you an email acknowledging your order. This email is an order confirmation and the acceptance of your order.
2. Your order is accepted and the contract concluded when the product ordered is dispatched to you unless the order is subsequently cancelled by us.
6. Delivery of goods to you
1. We will deliver the goods order by you to the address you give us for delivery at the time you make your order.
2. Delivery will be made as soon as possible after your order is accepted. An estimation of shipping costs and lead times can be calculated in the basket in our webshop.
3. You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
4. Any order returned due to incorrect product purchase or incomplete/incorrect address will be charged a 10% re-stocking fee.
8. Code of Conduct
You are responsible for anything which you transmit or receive to, from or via our website. You are not permitted to use our website or any of our services for any reason or purpose which is unlawful, defamatory, harmful or objectionable and, in particular, you are not permitted to transmit anything which, in our opinion, harms our business or offends other users. You are not permitted to do anything which may disrupt in any way the operation of our website and services, nor are you permitted to do anything which would disrupt the use and enjoyment of our website and our services by any other user. Other than as expressly permitted, by us, you are not permitted to use our website to engage in any commercial activity of any form.
9. Proprietary rights and licences
All text, music, sound, photographs, graphics, video, page layouts, design and other material that is contained on our website or is part of our services, is protected by our and their copyrights, trade marks, service marks, patents or other proprietary rights and laws. We own or are licensed to use all intellectual property rights (including all copyrights, patents, trade marks and trade secrets) in connection with and in all versions of the website and our services, the software we use to operate the website and services and any data (including data obtained from you during the registration process) generated by users of the website and services. You are not permitted, except where expressly authorized to do so, to change, copy, store, publish, rent, license, sell or distribute in any way any of these intellectual property rights.
10. Trade mark information
The Rackmount.IT webshop is a registered trademark in The Netherlands and the European Community. All other trademarks, product names and company names or logos used within this website are the property of their respective owners. You agree not to display or use either or both in any manner without our prior written consent in writing.
11. Advertisements and Promotions
We may use our website or any of the services we provide or in any of the correspondence we send to you to run advertisements promoting products and services we offer or any of its subsidiaries, or any person or corporation duty authorized by us to advertise or promote their product or services through us.
12. External links
We may provide or third parties may provide links to other websites or resources. These are provided purely as a matter of convenience and we do not endorse the contracts of those websites. We are not responsible for the availability of these websites, nor will we be liable in any way for any loss or damage which you my suffer by using those websites. If you decide to access linked third party websites you do so at your own risk.
You agree to indemnify us and hold us harmless from and against any claims, actions or demands (including any legal fees incurred in connection therewith) resulting from your misuses of our website or your breach of these terms and conditions. We will notify you promptly of any such claim, action or demand and will assist you as may be reasonable necessary providing you meet our costs and expenses (including our legal fees).
14. Limitation of Liability
1. To the extent that we are lawfully able to do so, we will not be liable for any claims, losses and/or damages of any nature resulting from: (a) your use or inability to use the website; (b) the services we provide (except where we expressly state that we have responsibilities or liabilities in these terms and conditions or other terms and conditions that related to our other goods and/or services we provide); (c) unauthorized access to alterations of your transmissions or data; (d) statements or conduct of any third parties. You agree that in no event will we be liable for any loss of profits, goodwill, loss of business, loss of data or any other indirect or consequential loss or damage whatsoever.
2. If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us within three working days of the delivery of the goods in question.
3. If you do not receive goods ordered by you within 10 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 20 days of the date on which you ordered the goods. If you notify a problem to us under this condition, our only obligation will be at your option
a. to make good any shortage or non-delivery;
b. to replace or repair any goods that are damaged or defective; or
c. to refund to you the amount paid by you for the good in question in whatever way we choose.
4. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
5. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
15. Use and Storage
We may establish general practices and limits concerning the use of the website and the services we provide, including limits to the size or number of e-mail message you send or the time that message may be stored or posted on our website. We are entitled to delete any material at any time and we will not be liable in any way for deleting or failing to store or post any material which you may transmit to us.
16. Suspension and Termination
We may in our sole discretion suspend and/or terminate registration or use of our website or our services at any time and we shall not be liable to you or any third party for any loss or damages suffered on account of such suspension and or termination. Typically, we would only do this where you have not used our services for some time or if we believe that you have acted inconsistently with those terms and conditions. However, there may be other reasons why we would suspend and/or terminate.
17. Events beyond our control
We shall have no liability to you for any failure to deliver any goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstances beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire explosion or accidents.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
20. Entire agreement
The Rackmount.IT webshop and website are operated by:
9201 Metric Blvd, Unit A
Austin, TX 78758
The United States
We recommend you save a copy of these terms and conditions for your future reference. Consider the environment before printing.