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.
Return/ Refund Policy:
Original sales receipt must
We accept returns for
exchange or refund 30 calendar days after delivery of the product. Items must be in "new, unaltered and unused condition".
Definition of new, unaltered and unused condition is:
- -without showing signs of wear or damage in any
- -within 30 calendar days of the delivery date
(after 30 days no returns are allowed)
- -must not be a special order or a custom order
- -unless noted that it cannot be returned or has
a different return policy time period other than that 30 days noted
in that item's particular item description.
If an item is received
damaged or is incorrectly shipped by us please contact Customer Support
immediately. Items that are defective and shipped from us or items that you did
not order but received from us will qualify for store credit or a cash refund.
Refunds are contingent upon
inspection of item(s) once we receive it.
There is a 15% restocking
fee for returned items that are not being exchanged and are not damaged. Again
you MUST contact us within 30 days if you intend to return ANY item back to our
store. Items returned to us AFTER 30 days and WITHOUT contacting us will NOT be
Customer is responsible for
all shipping costs if seller is not at fault. International shipping costs are not refundable.
A warranty is offered only on products that explicitly specify that they are warranted. The date of warranty begins on the date the product is sold and continues for the period of time specified as the period of warranty after which time the warranty is void and no longer valid. The warranty obligation of the seller for a product ceases when a product's warranty period has passed.
A valid warranty obliges the seller to do nothing and provide nothing except to exchange a product for a similar one to the extent he is capable of making such an exchange in the case of defect in workmanship or manufacture only. The buyer is not entitled to anything except this exchange. The buyer is not entitled to monetary compensation under any circumstances including but not limited to damage to person or property. In many cases, the warranty is extended by the manufacturer itself and is not the obligation of the seller to fulfill in these cases. The seller reserves the right to decide and certify what is or is not considered a defect in workmanship or manufacture.
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 NewPower99.com. The collective work includes works that are licensed to NewPower99.com. Copyright 2003, NewPower99.com 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 NewPower99.com or purchasing NewPower99.com 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 NewPower99.com or to purchase NewPower99.com 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 NewPower99.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of NewPower99.com used in the site are trademarks or registered trademarks of NewPower99.com
This site and its contents are provided "as is" and without warranties of any kind, whether express or implied. NewPower99.com provides for a replacement or product purchase price only refund of undamaged products returned to us at our posted address. Such a refund does not include any postal or shipping expenses. To the fullest extent permissible pursuant to applicable law, NewPower99.com disclaims all other warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. NewPower99.com 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. NewPower99.com 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. Installation of products from this site may void the original manufacturer's warranty of the device in which the battery is installed. Buyer assumes all risks of battery installation where the original manufacturer recommends against such installation. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
NewPower99.com 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 NewPower99.com 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.
In the event that a NewPower99.com product is mistakenly listed at an incorrect price, NewPower99.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. NewPower99.com 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, NewPower99.com shall issue a credit to your credit card account in the amount of the incorrect price.
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 NewPower99.com 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.
NewPower99.com 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 NewPower99.com.
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 of NewPower99.com 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 NewPower99.com products) must be commenced within one (1) year after the claim or cause of action arises. NewPower99.com'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. NewPower99.com 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 NewPower99.com 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.
NewPower99.com 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, NewPower99.com 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, NewPower99.com 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 NewPower99.com in its sole discretion.
You agree to indemnify, defend, and hold harmless NewPower99.com, 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.
In an attempt to provide increased value to our visitors, NewPower99.com may link to sites operated by third parties. However, even if the third party is affiliated with NewPower99.com, NewPower99.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of NewPower99.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, NewPower99.com 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).