Please read the following Terms and Conditions carefully, they contain important information about your rights, as well as limitations that may apply, and provisions concerning how disputes are resolved:

The terms and conditions set forth below (the “Deal Terms”) apply to your purchase of computers and/or equipment ("Equipment ") sold by Beautiful PC, LLC, a Virginia limited liability company (“BPC”), to US customers.  To place your order with BPC, you must agree to the Deal Terms. 

If you do not agree to the Deal Terms, you must notify BPC in writing, and simultaneously return any Equipment you purchased to BPC, in good working order. 

The Deal Terms shall apply to your purchase unless you have a separate purchase agreement with BPC (in which case that separate agreement will apply).

1.     Changes.  The Deal Terms cannot be altered or modified unless both the customer and BPC agree in writing.   

2.     Payment Terms and Taxes.  Unless otherwise agreed to by BPC in writing, you must pay for your order in full before BPC will accept such order.  Payment for Equipment may be made by credit card or money order.  Invoices for any Equipment not paid in full upon order and (in BPC’s sole election accepted) shall be due and payable within the time period noted on the invoice.  BPC may give you one or more invoices separately depending upon lead time of equipment. BPC may cancel your order, in BPC’s sole discretion (in which case BPC shall promptly refund any payment received). BPC is not responsible for pricing, typographical, or other errors in any offer by BPC and reserves the right to cancel any orders resulting from such errors. You are responsible for sales and other taxes associated with your order. Any delivery dates are estimates only.

3.     Delivery.  Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Title to products passes from BPC to you upon shipment from BPC. If BPC selects the shipping carrier, any loss or damage in transit shall be BPC’s responsibility. Likewise, if you select the shipping carrier, any loss or damage in transit shall be your responsibility.  You must notify BPC within 21 days of the date of your invoice if any part of your purchase is missing, damaged or not as ordered.

4.     Warranties.  BPC systems come with a limited warranty that covers defects in materials and workmanship in any computer system assembled for you by PBC.  Any external equipment such as keyboards, monitors, printers, external hard drives, etc. (“External Equipment”) shall have such warranties (if any) as are provided by the manufacturers of such External Equipment.  Likewise, any application and operating system software included with any equipment shall be subject only to such warranties (if any) as are provided by the manufacturers of such software.  BPC makes no warranties for service, software, or non-BPC branded product, service, maintenance or support. Such product, software, service, maintenance or support is provided by BPC "as is" and any third-party warranties, services, maintenance and support are provided by the original manufacturer or supplier, not by BPC. BPC makes no express warranties except as set forth herein.  BPC is not required to honor a warranty or provide service for any order until BPC receives full payment for such order.  

5.      Software.  Any software included on any Equipment is provided subject to a license agreement and you agree that you will be bound by such license agreement in addition to these terms. Title to software remains with the applicable licensor(s).

6.      Returns.  You may return eligible Equipment for a credit or a refund of the purchase price paid, less shipping and handling and any applicable restocking fees, as set forth below.  Unless otherwise agreed in writing between you and BPC, all hardware, accessories, peripherals, parts, and media-based software that is unopened and still in its sealed package may be returned within 21 days from the date on the packing slip or invoice for a credit or a refund of the purchase price paid, less shipping and handling and any applicable restocking fees. Unless the product is defective or the return is a direct result of an error made by BPC, BPC may charge a restocking fee of up to 15% of the purchase price paid, plus any applicable sales tax.

7.      Equipment Changes.  All orders are subject to availability of Equipment.  If after you place an order any part of the order is not available (because it was discontinued, for example), BPC shall advise you in writing as promptly as may be practical, which notice shall advise you if alternative products may be available.  After you receive any such notice you may elect to (i) cancel the order and receive a refund of any payment you made, or (ii) go forward with your order subject to any modifications, additions or substitutions as BPC may have proposed in its notice to you.   

8.     Service and Repairs.  BPC may tell you about one or more vendors that offer installation and/or repair services for a yearly basis, on-demand or hourly pricing.  In such event, your relationship with any such service provider shall be solely as set forth in your contact with such service provider.  BPC makes no warranty regarding any such third-party service provider(s) you may select.   

9.      Limitation of Liability.  BPC will not be liable beyond the remedies set forth herein, including but not limited to any liability for product not being available for use, lost profits, loss of business or for lost or corrupted data or software, or the provision of services and support. BPC will not be liable for any consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party. You agree that for any liability related to the purchase of any Equipment, BPC is not liable or responsible for any amount of damages above the amount invoiced for the applicable Equipment.  We both agree that the remedies set forth in these Deal Terms shall apply even if such remedies fail their essential purpose.

10.  Domestic Use.  You represent that you are buying only for your own internal use only, and not for resale or export.  

11.  Governing Law. We both agree that the Deal Terms, any sales thereunder, or any claim, dispute or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, consumer protection, common law, and equitable claims) between customer and BPC arising from or relating to the Deal Terms, their interpretation, or the breach, termination or validity thereof, the relationships which result from the Deal Terms, BPC’s advertising, or any related purchase shall be governed by the laws of the Commonwealth of Virginia, without regard to conflicts of law.  

12.  Binding Arbitration.  Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, consumer protection, common law, intentional tort and equitable claims) between customer and BPC, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "BPC Parties") arising from or relating to the Deal Terms, their interpretation, or the breach, termination or validity thereof, the relationships which result from the Deal Terms (including, to the full extent permitted by applicable law, relationships with third parties), BPC's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com , or via telephone at 1-800-474-2371). In the event of any inconsistency or conflict between NAF Code of Procedure and this Agreement, this Agreement shall control. The arbitration will be limited solely to the dispute or controversy between the customer and BPC. Neither the customer nor BPC shall be entitled to join or consolidate claims by or against other customers, or arbitrate any claim as a representative or class action or in a private attorney general capacity. The individual (non-class) nature of this dispute provision goes to the essence of the parties' arbitration agreement, and if found unenforceable, the entire arbitration provision shall not be enforced. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. BPC will be responsible for paying any individual customer arbitration fees. If any customer prevails on any claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Otherwise, each party shall pay for its own costs and attorneys' fees, if any. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405.