fbpx

Terms and Conditions

This Agreement was last modified on 18 February 2016.

Policy & Agreement

These terms and conditions (these “Terms”) govern your use of any website or mobile application owned or operated by NextGen, its subsidiaries and affiliates, including NextGen websites around the world (collectively, the “Site”) where these Terms appear or are linked. These Terms are subject to change by NextGen , in its sole discretion, at any time, without prior written notice. Any changes to these Terms will be in effect as of the “Last Updated Date” referenced on the Site. Therefore, you should review these Terms prior to using the Site.

Additional terms and conditions may apply to some products or services offered by NextGen and to the use of the Site and to specific portions or features on the Site, including, but not limited to, promotional offers, contests, or other similar features (“Additional Terms”) all of which terms are made a part of these Terms by this reference. The Additional Terms will control to the extent of any inconsistency between the Additional Terms and these Terms.

You should also carefully review our Privacy Policy before using the Site as it also govern your use of the Site and our services.

Please read these Terms carefully before using the Site. If at any time you do not agree with any of these Terms, you must immediately stop using the Site.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “GOVERNING LAW AND JURISDICTION” SECTION BELOW, AND IF YOU DO NOT OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND NextGen WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

 

1. About us

We, along with our affiliates and subsidiaries, are NextGen. Our address is 17560 Rowland St., City of Industry, California 91748. You can contact us by mail at the above address, by email at contact@nextgenmaroc.com or by telephone at 1 (800) 390-1119.

2. Use of the Site

When you use the Site or our services, you agree to use the Site and our services only for purposes that are permitted by these Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.  In addition, you agree that you are solely responsible for any breach of your obligations under these Terms and for the consequences (including any loss or damage which NextGen may suffer) of any such breach. As a condition of your use of the Site and our services, you warrant to NextGen that you will not use the Site or our services for any purpose that is unlawful or prohibited by these Terms. Whether on behalf of yourself or on behalf of any third-party, you agree not to:

  • Access or attempt to access the Site other than through the interface that is provided by NextGen , unless you have specifically been permitted to do so in a separate written agreement signed by an authorized representative of NextGen;
  • Access or attempt to access the Site, or any portion thereof, through any automated means, including but not limited to the use of scripts or web crawlers;
  • Engage in any activity that disrupts or otherwise interferes with the Site (or the servers and networks which are connected to the Site), or our services;
  • “Scrape”, duplicate, reproduce, copy, republish, license, sell, trade or resell the Site for any purpose;
  • Divert or attempt to divert NextGen customers to another website, mobile application, or service;
  • Send unsolicited or unauthorized emails on behalf of NextGen , including promotions and/or advertising of products or services;
  • Restrict or inhibit any other person from using the Site or our services;
  • Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site;
  • Attempt to do anything, or encourage, assist, or allow any third-party to do anything in violation of these Terms; or
  • Use a false email address, impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site or our services.

NextGen reserves the right to refuse service, in its sole discretion, at any time, for any lawful reason, without notice. NextGen reserves the right to withdraw or amend the Site, and any service or material we provide on the Site, in its sole discretion, at any time, for any reason, without notice. NextGen WILL NOT BE LIABLE IF FOR ANY REASON ALL OR ANY PART OF THE SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. FROM TIME TO TIME, WE MAY RESTRICT ACCESS TO SOME PARTS OF THE SITE, OR THE SITE ENTIRELY, TO USERS, INCLUDING REGISTERED USERS.

3. Posting content on the Site

3.1. Posting content on the Site

You may post content on the Site, including, but not limited to, testimonial, feedback, reviews, and blogs. If you post content on the Site, you agree to comply with our Privacy Policy, and these Terms. You acknowledge and agree that you are solely responsible for all content and the accuracy of all content you make available in connection with the Site. You represent and warrant that:

  • You and not someone else composed and posted the content on the Site;
  • You own or otherwise control all of the rights to the content that you post on the Site;
  • You have the authority to grant the rights in such content; and
  • Such content, and the use of such content, will not violate these Terms.

3.2. Right to use content

Unless we indicate otherwise, you grant NextGen an irrevocable, perpetual, sublicensable, transferable, non-exclusive, and royalty-free worldwide right and license to use, copy, modify, adapt, publish, transmit, perform, and create derivative works, incorporate and imbed into other works, and distribute, and display such content throughout the world in any medium or form now existing or later created. You also agree to the following:

  • We may use the content for any purpose;
  • We may use the comment with or without any pseudo (pen) name credit;
  • The reprint or use of the content will be at our discretion and without compensation; and
  • We may use the content locally, nationally, or globally and such use may be made in any media, information or communication platform (including Internet advertising) currently in use or later developed.

3.3. Right to monitor content

NextGen has the right, but not the obligation, in its sole discretion, at any time, for any reason, to monitor, analyze, edit, move, remove, or refuse to make available any content made available through the Site. NextGen takes no responsibility and assumes no liability for any content you post, upload, or otherwise make available through your use of the Site. You are solely responsible for any content you post, upload, or otherwise make available through your use of the Site.

3.4. Restrictions on content

NextGen may, in its sole discretion, at any time, remove or deny content for any reason, including, but not limited to, when the content contains any of the following:

  • Hyperlinks/URLs;
  • References to other stores/resellers;
  • Comments on products that were either physically damaged or misused;
  • Comparisons to competing brands/products of competing brands;
  • References to aftermarket procedures or installation techniques not mentioned specifically in the original product documentation; such as overclocking, hacked drivers, tweaking/modding, and etc.; or
  • Replies to existing customer reviews; please do not attempt to initiate discussions here.

3.5. Prohibited content

You are prohibited from posting content on the Site that is:

  • Offensive or abusive;
  • Obscene, pornographic, or otherwise objectionable;
  • Illegal;
  • False, fraudulent, inaccurate, or misleading;
  • Derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any person or entity;
  • Violent or threatening, or promotes violence or actions that are threatening;
  • Infringing the rights of others, including, but not limited to patent, copyright, trademark, trade secret, trade dress, right of privacy, or any other proprietary right;
  • Intending to cause harm, damage, or otherwise interferes with the Site and our services;
  • Violating any of our policies;
  • Violating any local, state, federal, or international laws;
  • Injurious to third parties; or
  • Contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages.

4. Registering for an account

To register for a NextGen account, you must provide us with your personal information, including your name, email address, and password. It is a condition of your use of the Site that all the information you provide on the Site is accurate, current and complete. Your user name and password are for your personal use only. To ensure that your user name and password remain confidential, DO NOT share this information with anyone. You are responsible for maintaining the confidentiality of your account information and for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account.  Remember to choose a strong password, including numbers, capital letters, special characters, etc., and is not typically found in a dictionary.  In the event your password is lost or stolen it is your responsibility to notify NextGen  at the address listed in the “Contact Us” section.

NextGen may, in its sole discretion, at any time, for any reason, deactivate, block, or freeze your account.

5. Placing an order

5.1. Orders

5.1.1 Orders

Your order is an offer to NextGen to buy the product(s) and services listed in your order along with a sales order number. When you place an order to purchase a product and/or service from NextGen, we will send you an email confirming receipt of your order and containing the details of your order (the “Order Confirmation”). Your receipt of the Order Confirmation only confirms that we have received your order; it does not constitute NextGen acceptance of your order or NextGen confirmation of our offer to sell. An order is not binding upon NextGen until it is accepted; NextGen must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Once payment is received and an order is accepted, NextGen  will issue an invoice to you and a contract will come into existence between you and us. NextGen may, in its sole discretion, at any time after receiving your order, accept or decline your order for any reason. In addition, NextGen may, in its sole discretion, cancel your order and limit order quantity. Where your order is declined, cancelled or limited, we will inform you of this by appropriate means and you will not be charged. If however, your order is limited or canceled after your credit card has been charged for the purchase, NextGen will issue a credit to your credit card account in the amount of the charge.

We may process payment for and ship parts of your order separately.

You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format in the “your account” area of the Site.

MARKETPLACE ORDERS

Marketplace: For an order for an item that is listed on the Site as “Sold and Shipped by” a third-party seller through NextGen Marketplace platform (“Marketplace Seller”) and not “Sold and Shipped by NextGen ” (“Marketplace Item”), NextGen is the seller of record and the order processing is as set out at section “5.1.1. Orders” above and the contract is formed between you and NextGen.

However, although NextGen is the seller or record, the Marketplace Seller and not NextGen is solely responsible for fulfilling and delivering the order to you and bears all liability and risks associated with, or related to, any item that is sold and shipped by that Marketplace Seller that is purchased by a customer through the Site. When you place an order for a Marketplace Item, we will provide the Marketplace Seller with the information necessary to process and fulfill the order, in accordance with the terms of NextGen Privacy Policy. Please note that Marketplace Sellers may have policies that differ from NextGen policies; therefore, for orders for Marketplace Items, please review the applicable Marketplace Seller’s policies for any other terms and conditions that may apply to your order for such items. The Marketplace Seller’s posted policies will control to the extent of any inconsistency between NextGen policies and the Marketplace Seller’s posted policies.

5.1.2. Pre-orders

Click the Pre-order button in the item description and checkout as you normally would. A sales order number will be issued at the Order Confirmation screen just as if you were placing a conventional order, but your credit/debit card will not be charged until your pre-ordered item is in stock and ready to ship. If you purchase an in-stock item with a pre-order item, you will be charged accordingly for the available product and the difference when your pre-ordered item is in stock and ready for shipment. In this instance, two sales order numbers will be issued; one for the in-stock merchandise and one for the pre-ordered merchandise. You will be kept up-to-date via the Site and through standard Order Status emails to your account.

5.1.3. Backorders

We will sometimes allow you to backorder an item that is out of stock. However, these items will be clearly marked with a Backorder button. Click the Backorder button in the item description and checkout as you normally would. A sales order number will be issued at the Order Confirmation screen just as if you were placing a conventional order, but your credit/debit card will not be charged until your backordered item is in stock and ready to ship. If you purchase an in-stock item with a backorder item, you will be charged accordingly for the available product and the difference when your backordered item is in stock and ready for shipment. In this instance, two sales order numbers will be issued; one for the in-stock merchandise and one for the backordered merchandise. You will be kept up-to-date via the Site and through standard Order Status emails to your account.

Marketplace: Backordering is not currently available for Marketplace Items.

5.2. Payment

In order to place an order with NextGen , you must provide us with your name, shipping address, billing address, telephone number, and payment information, such as your credit card number, billing address, credit card expiration date, and credit card security code. You represent and warrant to NextGen that the credit card information or other payment method information you provide to NextGen is accurate and complete; and you are authorized to use such credit card or payment method for the purchase.

Terms of payment are within our sole discretion and we must receive payment before our acceptance of an order. Payment methods may vary by location. To learn about U.S. payment methods, please click here. Depending on your location, we may accept any of the following payment methods:

  • Visa
  • MasterCard
  • American Express
  • Discover
  • PayPal
  • MasterPass
  • Amex Express Checkout
  • Bitcoin
  • Android Pay
  • Apple Pay

5.3. Shipping

Your total cost for the purchase of any product will include the shipping and handling charges shown on your NextGen invoice. Your original shipping fees are non-refundable in the case of a returned product. Those fees are paid for the services provided by and to the original carrier, and will not be refunded to you if your item is returned for a refund to NextGen.

To learn more about shipping for U.S. customers, please review our U.S. Shipping Policy. The Domestic Shipping Policy is incorporated into these Terms in its entirety.

5.4. Risk of Loss and passing of Title

NextGen will arrange for shipment of ordered product(s) to you, Free Carrier (F.C.A.) risk of loss passes to you upon delivery to the carrier. Title to the product(s) – excepting software – will also pass to you upon delivery to the carrier. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. You agree to be bound by any software license agreement once the seal on the package is broken. NextGenwill advise you of estimated shipping dates, but NextGen will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.

5.5. Customs, duties & taxes

When ordering products from NextGen for delivery from outside of your jurisdiction, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Contact your local customs office for further information. Additionally, please note that when ordering from NextGen , you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

5.6. Order processing

5.6.1. Order status

NextGen will keep you informed of your order status via email. All tracking information will be emailed to your NextGen ID once your order has shipped (except when an APO/FPO/DPO is the shipping destination). You may also acquire your order status and other live updates by logging in to your account on the Site.

5.6.2. Order processing

Once you have placed your order, you can expect your order to be processed within approximately 1-2 business days, provided the items are in stock and there are no problems with payment verification. NextGen does not guarantee same day-shipping. We do not process orders on Saturdays or U.S. holidays.

Marketplace: If you purchase a Marketplace Item from a Marketplace Seller, that Marketplace Seller is responsible for shipping the item to you. While NextGen does not guarantee processing times for Marketplace Items, in general Marketplace Sellers should process orders within 1-2 business days of order verification.

5.6.3. Rush processing

Rush Processing expedites the fulfillment of your order so it can be packed, shipped and on the road the same business day it is placed. For Rush Processing to be effective, your order must be submitted and charged before 2:30 p.m. PST, Monday through Friday. If the above conditions are met and we fail to ship your order the same business day, we will refund the Rush Processing fee.

The following items and order types are not eligible for rush processing Marketplace Items, third-party NextGen distribution centers, Backorders, Pre-orders, DVD movies, Large Item Delivery shipping method, ShopRunner shipping service, Super Eggsaver and Will Call orders. For orders with eligible and ineligible items, rush processing will apply to the eligible items only. Ineligible items will automatically be split onto a separate order.

For orders placed between 11 a.m. and 1 p.m. PST, Monday through Friday, the Rush Processing fee is $3.99. For all other times, the Rush Processing fee is $2.99.

IN ALL CIRCUMSTANCES, NextGen MAXIMUM LIABILITY IS LIMITED TO THIS RUSH ORDER FEE ONLY. WHILE NextGen CANNOT GUARANTEE SAME DAY SHIPMENT FOR ALL ORDERS, NextGen WILL PUT FORTH COMMERCIALLY REASONABLE EFFORTS TO SHIP ALL RUSH PROCESSING ORDERS THE SAME BUSINESS DAY IF THE ABOVE CONDITIONS ARE MET. OTHERWISE, YOUR RUSH PROCESSING FEE WILL BE REFUNDED.

Marketplace: Rush processing is not currently available for Marketplace Items.

5.7. Canceling orders

You may cancel your order for a product at no cost any time before the order has been processed and shipped, provided NextGen has sufficient time to cancel the order.

Nothing in this section limits your rights to cancel your order under any law.

6. Products

6.1 Products

Unless expressly indicated otherwise, NextGen is not the manufacturer of the products sold on the Site. Actual product packaging and materials may contain more and different information to that displayed on the Site. Ingredients may also change. All information about the products on the Site is provided for information purposes only, and NextGen MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE SITE’S ACCURACY. We recommend that you do not rely solely on the information presented on the Site. Please always read labels, warnings and directions provided with the product before use.

For healthcare products, in the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product or contact the manufacturer. Content on the Site is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition.

TO THE FULLEST EXTENT PERMITTED BY LAW, NextGen ACCEPTS NO LIABILITY AND RESPONSIBILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS BY MANUFACTURERS OR OTHER THIRD PARTIES.

Notwithstanding the foregoing, nothing in this section limits your rights and remedies under any law.

6.2. Product testing

NextGen, like other e-retailers, ships items in the condition they were received from the original manufacturer/distributor. NextGendoes not conduct product testing before shipping any merchandise.

Marketplace: Marketplace Sellers may or may not conduct product testing. Check the Marketplace Seller’s Policy Page for information on the product testing practices of individual Marketplace Sellers.

6.3. Technical support

NextGen does not offer any sort of technical assistance. We cannot offer advice on compatibility of items, make product recommendations, or provide technical support or sales advice. We post all of the information the manufacturer provides us with for your convenience. Please contact the manufacturer directly for accurate answers to your technical questions or for additional information or specifications that are not posted at NextGen.

Marketplace: If you need technical support fora Marketplace Item, please direct your requests for technical assistance to the applicable Marketplace Seller. However, please be aware that certain Marketplace Sellers may not offer technical assistance. Check the Marketplace Seller’s Policy Page of the individual Marketplace Seller for details.

6.4. Product-specific policies

6.4.1 “Must Be Purchased with Hardware”

The “must be purchased with hardware” precept is mandated by the software publisher. In accordance, NextGencustomers must purchase some type of product that falls under the general category of computer hardware in order to purchase applicable software. Hardware is classified as any component that will be used when assembling a computer system (a hard drive, motherboard, processor and a floppy drive are all examples of merchandise that will qualify). There is no specific or set price the hardware has to be, merely that there is some sort of eligible hardware present in the order itself.

6.4.2 Buyers of optional service plans, warranties, and protection plans

If you purchase certain products through the Site, you may be able to purchase an optional service plan, warranty, or protection plan (the “Plans”) for the product. The Plans are provided by third-party service providers and may have their own set of terms and conditions. If applicable, the details of the Plans will be available to you at the point of purchase. You should carefully review the applicable terms and conditions for the Plans before you purchase any of the Plans.

You authorize NextGen to initiate a charge to the credit card or other payment method that was used to purchase the equipment in the amount of $250.00, the equipment discount, if it is due.