Definitions:

“We”, “us” and/or “our” means EMARQUE.

“You” or “your” means the individual, customer, or business entity named on the invoice.

Your use of the EMARQUE.Co web site (the “Site”) and our services, including phone orders, all purchases, and inquiries, from EMARQUE is governed by the policies, terms, and conditions set forth below. Please read the following information carefully. By using this site or submitting an order for products or services, you indicate your acceptance of, and agreement to be bound by, the terms and conditions set forth below personally or as an agent for any business entity you represent. The term “Customer” means you or the business entity you are ordering goods or services for. If you do not agree to these terms and conditions, please do not use this site, and please do not submit any orders for products or services. The terms and conditions posted on this website, including the warranty policy, are public information and must be adhered to by anyone doing business with EMARQUE unless there is a written contract signed by an officer of EMARQUE.

GENERAL TERMS AND CONDITIONS

1. Customer agrees that EMARQUE is not liable for mismatched product pictures or mistakes in product information. EMARQUE reserves the right to change products and specifications and those listed on the Site may not be current. Customer agrees to verify the specifications of each product with the order. EMARQUE is only responsible for products named on the invoice.


2. Our sales representatives are not authorized to make any representations or promises related to any product or services that exceed these terms and conditions and the warranty. Any additional provisions to your purchase must be made in writing signed by an officer of EMARQUE.


3. Customer agrees that each item in a multi-item purchase from EMARQUE shall be treated independently unless stated otherwise in the memo section of their order. That is, defect, replacement, and cancellation of one item does not constitute the voiding of the entire purchase. Each item shall be considered independently for warranty or refund purposes unless the customer has stated otherwise in the invoice memo.


4. Customer agrees that shipping costs and expenses will not be refunded once we ship.


5. It is the Customer's responsibility to look over their email confirmation and make sure all shipping, billing and item purchased are correct. If you do not get an email confirmation, call us to see if the order went through. Do not submit multiple orders or you will end up paying full restocking and shipping fees.


6. Customer agrees that EMARQUE will not liable for shipper's shipping delays.


7. Financing interest fees paid by a customer are unable to be refunded or credited back by EMARQUE for any reason.

Web Ordering Security

Protecting your information is a priority for us. When you are about to enter your credit card information, look at the bottom right corner of the browser window for a icon of a gold lock. Also, you can look at your address bar and see if it starts with “https://”. Some versions of browsers and some firewalls do not permit connection through secure servers. In that case, you will not be able to connect to the server and therefore won't be able to place an order through an insecure connection. If you cannot access the secure server for any reason, please contact us to place an order,

Making Purchases

If you wish to purchase products offered on the site, you will be asked to supply certain information, including but not limited to credit card or other payment information. Payment Terms, Orders, and Interest. Advertised prices are in RM (Ringgit Malaysia) and, unless otherwise noted, exclude shipping, handling and any taxes that may be imposed by the legal authority that governs the jurisdiction in which you reside .You agree that all information you provide to EMARQUE will be accurate complete and current. You agree to pay all charges incurred by authorized users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes, and shipping and handling charges relating to your purchases. Orders are not binding upon EMARQUE until payments were authorized by credit card issuer or other financial institution. Terms of payment are within EMARQUE’s sole discretion, and unless otherwise agreed to in writing by EMARQUE, payment must be received by EMARQUE before EMARQUE’s acceptance of an order.

SHIPPING DETAILS POLICY

Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Loss or damage that occurs during shipping by a carrier selected by EMARQUE is EMARQUE’s responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. EMARQUE will only be obligated to pay for shipping one way anytime, unless otherwise specified between you and EMARQUE. EMARQUE is not obligated to pay for additional charges for shipping back to facility if product is faulty or defective after the first thirty (14) days. EMARQUE is entitled to void all warranties if any piece of original packaging material is missing upon return shipments, unless otherwise advised by EMARQUE. Shipping dates are only an estimate and are subject to change at any time. To register an alternative address (different from address on your billing statement), do it in your account settings on the website. You must notify EMARQUE of damaged or missing items from your order within seven (7) calendar days after you receive your product or EMARQUE will not be responsible for any forthcomings. Title to software remains with the licensor of the software. Your use of software is subject to license agreements applicable to the software.

Once an order is shipped, it is up to the shipper courier to deliver the products; we will not be able to stop the shipment once it is shipped. If the shipper/courier loses the package, the shipper courier will put a tracer on the package. Tracers take around 3 days for air packages and 7 business days for ground packages. We will not be able to ship out replacement packages until the shipper courier confirms that the package is lost/will not be delivered to its destination and they will reimburse us. Without confirmation from the shipper courier, we will not know for sure if you will get two shipments if we ship out another one. Another delay is if there is no one to sign for the package, every package we ship usually requires a signature, if a package is returned to us because no one was available to sign for it or the address was input incorrectly at the time you enter the order, you will be charged again to ship it out a second time.

PRICING CHANGES POLICY

Due to the fast pace of the computer industry, all prices are subject to change without notice. We make every effort to list the most accurate, up to the minute information. Despite our efforts, some items on our website may be miss-priced. If a product is listed at an incorrect price due to a typographical, photographical, or technical error or error in pricing from our vendors, EMARQUE reserves the right to refuse or cancel any orders placed for a product listed at the incorrect price. If your credit card has already been charged for the incorrect price, we will immediately refund your card and cancel your order. You may also repurchase it for the correct price if you wish to. Due to the volatility in pricing for computer products, we do not match competitor's pricing and we will not offer price protection beyond the 24hours of purchase. Example: If NVIDIA or AMD drops the price of a graphic card 5 days after your purchase, that is beyond our control and our cost for that same graphic card when we shipped is also much higher than our current selling price. We will not be able to refund the difference since we had to purchase the graphic card at a much higher cost to send it to you when you placed your order.

Order Acceptance Policy

Your receipt of an electronic or phone order confirmation does not signify our acceptance of your order. EMARQUE reserves the right at any time after receipt of your order to accept or decline your order for any reason.

Disclaimer and Limitation of Liability as to Products Sold

YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO EMARQUE. ARISING FROM ANY PRODUCT SOLD BY EMARQUE SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL EMARQUE, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCT SOLD.

DISCLAIMER AND LIMITATION OF LIABILITY AS TO THE emarque.co WEBSITE. THE emarque.co WEB SITE AND THE MATERIALS THEREIN ARE PROVIDED “AS IS”. EMARQUE. MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE emarque.co SITE, THEIR OPERATION, CONTENTS, INFORMATION, OR MATERIALS ON THE SITE. EMARQUE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE OR THEIR USE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT EMARQUE, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT OR USE OF THE EMARQUE 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.

Returns

EMARQUE cannot offer a full refund for the purchase price of the product(s). Returned merchandise can be replaced with similar or lower value products with no extra payment needed. Before making any return, back up all software and data and remove any personal information, confidential information, or private content which you do not want viewed or used by any third party. EMARQUE is not liable for lost data or misuse of data on computers that are returned for any reason.

Warranty

EMARQUE warrants to the original purchaser that any hardware part of the computer system, excluding accessories (display monitor, keyboard, mouse, software, operating system, documentation and similar items) will be free of defects in workmanship and materials for the period the warranty included with the purchase from the date of delivery to Customer. During the warranty period, EMARQUE will repair or replace, at its sole discretion, the defective computer system, for defects specified by you, free of charge for labour and/or parts depending on your warranty period. Parts may not be the same but will be equivalent parts. EMARQUE will cover shipping costs back and forth and replace the part(s) within the first 14 days of receiving your computer system. After 14 days you will be held liable for shipping costs to EMARQUE and EMARQUE will cover return shipping back to you. The remedy for this breach of warranty is limited to replacement or repair with parts warranted for the remainder of the warranty period. Any additional purchases or upgrades will not extend this warranty. Excluded from this warranty is any damage caused during shipment (except the shipment to the original purchaser) and any damage caused by: impacts, fluids, fire, flood, wind, earthquake, lightning or similar disaster; unauthorized modifications, attachments or peripherals, improper use, environment, installation or electrical supply; improper maintenance; any other misuse, abuse, or mishandling. EMARQUE's sole liability, under this warranty, for failure to repair or replace the hardware system after a reasonable number of attempts is limited to replacement or, at EMARQUE's sole discretion, replacing the product with the same or similar product. The above constitutes purchaser's exclusive remedies for breach of warranty. EMARQUE shall, under no circumstances, be liable for any other damages, including but not limited to special, incidental, consequential and other similar claims whether based upon breach of contract, breach of warranty, negligence, or strict liability, or any other similar theories. Damages excluded include but are not limited to: loss of profit, loss of revenue, loss of data or software, loss of use of the hardware system, loss of use of related equipment, cost of substitute or replacement equipment, "down-time", purchaser’s time, injury to property, and all claims of third parties. EXCEPT AS EXPRESSLY STATED HEREIN, EMARQUE MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD BY EMARQUE. EXCEPT AS EXPRESSLY STATED HEREIN, EMARQUE. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Depending on the term of the limited warranty, the coverage of labour and parts will vary.

Title Ownership Transfer (Product)

EMARQUE 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. Returned merchandise can be replaced with similar or lower value products with no extra payment needed.

Software

All software is provided subject to the license agreement that is part of the package you receive from EMARQUE. You agree to be bound by the license agreement once the package is opened or its seal is broken. EMARQUE does not warrant any software under this Agreement.

Products

EMARQUE continually upgrades and revises its products and service offerings. EMARQUE may revise and discontinue products at any time without prior notice to customers. EMARQUE will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet are possible. The parts and assemblies used in building EMARQUE products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned. The quoted EMARQUE SKU numbers for EMARQUE-branded hardware products are of the quality specified by EMARQUE on its website and conform in all material respects with the EMARQUE product specification current on the date such products were shipped.

Refused Shipment

Any product that EMARQUE ships out to Customer comes back to EMARQUE as refused delivery, customer will be subjected to shipping fees for reshipping. Also, the initial shipping fees for sending the package to the Customer and receiving the package back from the Customer will not be refunded.

Special Requested Products & Accessories

Customers are more than welcome to request EMARQUE to purchase components or accessories that we normally do not offer and stock for customers to purchase on our website. In the event of an order cancellation, such items cannot be returned to EMARQUE for a refund under any circumstances once they have been ordered, they will be returned to the customer at the customer’s expense. In addition, if any special ordered components or accessories turn out to be defective during testing at EMARQUE or after the customer receives the end product, it will be the responsibility of the customer, not EMARQUE to obtain replacement warranty service directly from the manufacturer.

International Customers

The Terms and Conditions and Warranty also applies to EMARQUE products shipped to any location outside of Malaysia, the customer is responsible for paying all shipping charges incurred in shipping, importing/exporting, receiving replacement parts and for arranging and paying for the shipment of any defective part(s) back to EMARQUE. All international customers are responsible for all customs duties, GST and other associated taxes and charges. Such import custom, duty, GST and other taxes and charges are non-refundable once the order ships.

Trademarks

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