PLEASE READ THIS CAREFULLY!

The terms & conditions of sale below apply to all your purchases from SimplyFlash. They contain very important information about your legal rights and obligations, including legal limitations and exclusions that apply to you.

By accepting delivery of any product delivered from SimplyFlash, you ("Customer") agree to be bound by the terms and conditions and RMA policy contained herewith. You and SimplyFlash agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and SimplyFlash. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from SimplyFlash. Please read this information carefully in it's entirety.

Purchase & Sale

The party specified after the heading "Bill To:" when purchasing online is a ("Buyer") hereby orders from SimplyFlash (SimplyGroup II LLC) ("Seller"), the product(s) listed on the online order invoice. Seller agrees to sell the product(s) upon the terms and subject to the conditions contained in this document. Buyer shall be deemed to have agreed to all terms and conditions contained in this document if Buyer fails to object thereto in writing before the earliest of the following times; (I) When Buyer pays for the product(s); (II) When Buyer accepts the product(s); (III) The close of business of the tenth day after Buyer receives this document.

Purchase Price

Buyer shall pay the total purchase plus shipping and handling, if any, as specified on the online invoice and any sales or other applicable taxes levied on or measured by such purchase price, or arising from the use of the product(s) and any parts or maintenance supplied, including, without limitation, any additional sales, use, gross receipts, privilege, excise, value added, or personal property taxes unless otherwise specified in writing in this document.

Order Acceptance 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. SimplyFlash reserves the right at any time after receipt of your order to accept or decline your order for any reason. SimplyFlash 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 $3000.00 (U.S.) 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. Dispute charge is not acceptable. If there is anything wrong with the merchandise, please contact customer service for more information.

Title, Risk of Loss

All items purchased from SimplyFlash are made pursuant to a shipment contract. Unless otherwise specified in writing in this document, shipping terms are FOB shipping point. Title and risk of loss or damage to the product(s) shall pass to Buyer upon delivery to the carrier at shipping point. Any claims resulting from goods damaged in transit, shortages received or tampering must be filed with the carrier by Buyer.

Inspection

Buyer shall inspect the product(s) at delivery and shall notify Seller of any defects or discrepancies in the product(s) as delivered within 48 hours of delivery. Absent such notification, Buyer shall be deemed to have accepted the product(s) as delivered.

Ordering Information & Delivery

Most online orders placed before 3PM EST should ship the same day, as long as there are no product shortages or credit issues. SimplyFlash will make its best effort to process orders as soon as possible and inform you of any possible delays, but orders can take more than 24 hours to process due to the large volume of orders or unforeseen delays. If you have an urgent order in which you are expecting a specific delivery time schedule please reply to your Order Confirmation Email or call SimplyFlash to discuss your order. Our policy, terms and conditions are designed to service you as efficiently as possible. Your use of this site and/or purchase indicates your acceptance of the terms and conditions set forth here.

Your Account

As a registered user of SimplyFlash, you will be held responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Payment Terms

We gladly accept payment by Visa, MasterCard, American Express, Discover, Debit Cards with VISA Logo. Please note that we will only accept credit cards issued by a bank or other financial institution within the U.S. with verifiable references. We do not allow you to use third party credit cards, such as your end users credit card. The credit card used must be an authorized card of the business or an authorized member of your company. All transactions are subject to verification for safety and security purposes. Other payment terms are available, such as Net Terms, COD Company Check, COD Cashiers Check, and Wire Transfer. These payment terms will require a completed credit application, business financial information, and/or a letter of personal guarantee. These are for Educational and Government sector customers only. Please call and ask for an account manager to call you.

Billing and Shipping Information

All products are shipped to anywhere within the United States only and will require a signature for delivery. No shipping address changes are allowed to any shipments by customers. All change requests will need to be completed by SimplyFlash and will only be done once the request is validated.

To ensure that we meet your shipping needs, please pay special attention when entering your billing, shipping, and telephone information. Accurate billing and shipping information provided by you will ensure prompt delivery of your online orders. For your security, we verify all billing addresses with the issuing bank and confirm all shipping addresses to protect each of our customers from the potential risk of credit card abuse. We strive to fulfill your order on or before the time frame that you have requested. Accurate billing and shipping information will help us do so.

Pricing, Specifications & Availability

Prices, specifications, and availability of products are subject to change without notice. All pricing is based on FOB from Sanford, Florida. Products located in different warehouses may have a different price. Products ship from the Sanford, Florida warehouse by default, if there are no product shortages but some ship from other locations due to stock allocation. Due to the volatile nature of the computer storage market, descriptions may not reflect current technical information. Any typographical, photographic, or specification error in product, pricing, or offers is subject to correction. Although Internet orders generate an automatic confirmation and response e-mail, SimplyFlash may change its pricing, product description, or specification after any order confirmation or response e-mail but prior to shipment due to errors, changing market conditions, product discontinuation or unavailability, typographical errors, or any other reason. We reserve the right to limit sales, including the right to prohibit sales to resellers. Published prices do not include shipping and insurance in some instances unless specified. Proof of purchase and postage may be required for manufacturer rebates.

Product Descriptions

SimplyFlash and its affiliates attempt to be as accurate as possible. However, SimplyFlash does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by SimplyFlash itself is not as described, your sole remedy is to return it in unused condition.

Export

To comply with certain vendor agreements and government regulations, SimplyFlash reserves the right to refuse to export products from the United States at any time. If you are purchasing products for export, you are responsible for the necessary export documentation before shipment is made to a foreign country. Manufacturer's warranties for exported products may vary or be null and void.

Product Warranty

Product warranties, if any, are provided only by manufacturer of the Products. Seller makes no warranties whatsoever. Seller's sole obligation in the event of breach of any warranty or during the DOA period of twenty (20) days after shipping date shall be the repair or replacement of defective Products. There is no credit or refund policy in lieu of the above.

Any defective product which is returned to Seller must have freight prepaid, according to the Return Material Authorization Procedure contained herewith. Buyer shall bear all responsibility for shipping charges and risk of loss or damage during transit to Seller.

Products which have been subjected to abuse, misuse, alteration, neglect or unauthorized repair or installation, as determined solely by Seller, are not covered by vendor warranty. Any alterations, additions, improvements or attachments to the product(s) not authorized in writing by the Seller shall be deemed to be a waiver of this warranty by Buyer and shall render this warranty null and void. Seller shall return repaired or replaced product(s) to Buyer, at its expense, via regular ground service within the 48 contiguous United States. Repaired or replacement products shall be returned to Buyer via Ground Service within the 48 contiguous United States, freight prepaid by Seller. Shipping charges by all other methods and to all other destinations shall be borne by Buyer.

SELLER MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY. IN NO EVENT SHALL SELLER BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFITS OR BUSINESS OPPORTUNITIES, AND IN NO EVENT SHALL SELLER'S LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCT(S).

Trademarks

All trademarks and registered trademarks displayed on the site are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between SimplyFlash and these companies.

Merchandise Return Policy

RETURN AND EXCHANGE REQUIREMENTS

Your original receipt is required for all returns, exchanges and warranty repair services.

PERSONAL DATA

Please remove all personal data (e.g., computer data/files, music, or pictures) from any product you wish to return or exchange. SimplyFlash is not responsible for any data left on or in these systems.

NON-RETURNABLE AND NON-REFUNDABLE ITEMS

Under no circumstances will we accept returns on:

  • Any item that is missing any accessories;
  • Any Damaged items;
  • Labor and/or installation services;
  • Items that are damaged or abused;
  • Memory, hard drives, and other electronic parts are not returnable if opened and pre-installed. Warranties are offered by the manufacturer and will be honored by the manufacturer;
  • All Extended Warranty and Maintenance Contracts for Products Purchased
  • Opened and Licensed software (If refunds are offered by vendor please contact the vendor prior to purchase for verification);
  • All items not purchased from us.
  • Any item that is missing it's original packaging.

MAIL-IN REBATE POLICY

Any product offering a mail-in rebate is not returnable to SimplyFlash once the rebate has been filed. Be sure that the product is functional and that you intend to keep the product before sending in for your rebate. Products missing UPC codes or serial numbers from the box are NOT returnable. Only the product manufacturer can replace a defective item missing the UPC code.

CUSTOM CONFIGURED PRODUCTS

We are pleased to offer product custom configured to your specifications, and encourage you to review your order carefully. Since the product is built to your specifications the order cannot be changed, modified or cancelled once your order is in production.

REFUSED SHIPMENTS

The quickest way for us to be able to handle a return for you is for you to accept delivery and then contact us about sending the item back. When you follow this procedure we can credit your account in just a few days. If you refuse shipment the product goes back to the delivery company and might not get back to us for 2 or 3 weeks. We cannot process your return until we receive the product.

If you refuse shipment, your shipping will still not be refunded; it will only delay your credit for your purchase. On all shipments to customers, we incur shipping and handling costs. Of course, if the shipment is a result of a SimplyFlash error, we will issue a credit for all shipping and handling fees, and the product once it is returned to SimplyFlash. If through no fault of SimplyFlash the shipment is refused, we will charge your account these outbound shipping and handling fees to recover the expenses we incurred. We also reserve the right to impose a 15% restocking fee.

STORAGE APPLIANCES, SOFTWARE AND HARD DISK DRIVES

Our acceptance for credit or exchange is 20 days from shipment date.

Storage Appliances:

We only offer Computer Storage products and as such we make a tremendous effort to test all pre-installed systems prior to shipment, this has helped to eliminate almost all of the DOA and pre-installation issues that normally plague systems. The caveat is for diskless units and orders for components where our Qbit testing service is NOT included. If you do not choose the service we do not guarantee against DOA issues. However, we have little or no control over bad shipment methods adopted by shipping companies even though we take extensive precaution by double boxing and using more than adequate packaging material to limit transit damage.

If you have received an item and you think it is defective, please contact the technical support department at the manufacturer before you contact us for an RMA number. More than 90% of our returns turn out to be working after our technicians tested them. We do not guarantee against incompatibility since we do not know your system configuration so please check with the manufacturer to find out if the product you want will work with your system prior to purchase.

Software:

Software is non-returnable once you have opened the package, if it has a defective CD, we will request a copy from the manufacturer on your behalf, and alternatively the quickest method is to request a replacement from the manufacturer after the product has been registered.

Hard Disk Drives:

All Hard Disk Drives supplied by us are OEM and carry the necessary warranty from manufacturers. In almost all cases Desktop (Standard) drives carry a 3 year warranty whilst the Enterprise drives carry a 5 year warranty. Please check with individual brand manufacturers for exact warranty terms and period. All HDD's are non-returnable whether provided as part of the systems or sold as individual extra drives. If a system return becomes necessary please remove the drives from their individual drive caddies and retain the bare drives.

RETURN PROCEDURES

To return a product based upon SimplyFlash replacement/return guarantee, you must obtain a Return Merchandise Authorization (RMA) number within the guarantee return period for the product. Please use our online returns portal to initiate your return. Once approved you will receive an email with instructions to ship the item back to us. SimplyFlash will not accept returns without prior authorization and a RMA number. Once issued, RMA numbers are valid for 7 days within which return products must be received by SimplyFlash. RMA numbers will not be extended or reissued. Customer should prominently display the RMA number(s) on the shipping label of boxes containing the returned product, please do not deface the original packaging in any way.

In the case of any product(s) returned for any reason, the returned item(s) must be 100% complete, in original and re-salable condition, with all packaging, manuals, registration card(s), accessories and software. We reserve the right to refuse a return on any product that does not meet these requirements. Opened or used merchandise is subject to a 15% restocking fee.

Disclaimer and Limitation of Liability as to Products Sold

ALL OF SimplyFlash PRODUCTS ARE GUARANTEED AGAINST DEFECTS FOR 30 DAYS FROM THE DATE OF THE INVOICE. EXCEPT AS EXPRESSLY STATED HEREIN, SimplyFlash MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE SimplyFlash SITE. EXCEPT AS EXPRESSLY STATED HEREIN, SimplyFlash EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO SimplyFlash ARISING FROM ANY PRODUCT SOLD ON THE SimplyFlash SITE SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL SimplyFlash, ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCT SOLD.

Disclaimer and Limitation of Liability as to the SimplyFlash Web Site

THE SimplyFlash WEB SITE AND THE MATERIALS THEREIN ARE PROVIDED «AS IS». SimplyFlash MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SimplyFlash SITE, THEIR OPERATION, CONTENTS, INFORMATION, MATERIALS OR YEAR 2000 COMPLIANCE. SimplyFlash EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE OR THEIR USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT SimplyGroup II, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT OR USE OF THE SimplyFlash 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.

Title Transfer

SimplyFlash retains title to parts and complete systems purchased until the said purchaser pays for items in full at which time the title passes to purchaser.

Governing Law

You agree that any legal action brought against SimplyFlash shall be governed by the laws of the State of Florida without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the SimplyFlash sites shall be an appropriate federal or state court located in Seminole County, Florida.

Copyright and Disclaimer Notice

All information and material posted on this Website are subject to copyrights owned by SimplyGroup II LLC and other individuals or entities. Any reproduction, retransmission, republication, or other use of all or part of any document found on this site is expressly prohibited, unless prior written permission has been granted by SimplyGroup II LLC or the appropriate copyright owner. All other rights reserved.

The names, logos, trademarks, and service marks of SimplyGroup II LLC including SimplyFlash that appear on this site may not be used in any advertising, publicity, promotion, or in any other manner implying SimplyGroup II's endorsement, sponsorship of, or affiliation with any product or service, without SimplyGroup II LLC's prior express written permission. SimplyFlash is wholly owned by SimplyGroup II LLC.

Please Note:
Shipping and Handling Fees are not refundable, with the exception of orders incorrectly shipped by SimplyFlash.

For a printable version of these terms please send an email request to service [at] SimplyFlash
Errors and Omissions Accepted
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Updated: May 2019