Newegg Premier Terms & Conditions – 20150706

Newegg Premier Terms & Conditions

We created Newegg Premier (“Premier”) so loyal Newegg.com customers can get the extra attention and benefits they deserve like free and fast shipping, free returns, no restocking fees and more. By registering for a Premier membership, you will be subject to the following terms and conditions (“Terms”).

These Terms are between you and Newegg Inc., including its subsidiaries, affiliates and related entities (“Newegg”), and govern our respective rights and obligations with respect to Premier. By registering for a Premier membership and using membership benefits, you also agree to be bound by Newegg’s Policy & Agreement , Privacy Policy , and other policies, conditions, limitations and disclaimers appearing on the Newegg.com website which are incorporated into these Terms.

Membership Benefits

Premier members get the following benefits:

  • Free 3-day-or-less shipping on qualifying products
  • Discounted 2-day shipping and 1-day shipping
  • Free returns with complimentary shipping
  • Restocking fees are waived on all product returns of qualifying products
  • Dedicated Customer Service phone number for Premier members
  • Eligibility for advance notice of Newegg sales and events
  • Eligibility for exclusive Premier member-only deals

Registration

  • You are eligible to register for a Premier membership if you already have a registered account with Newegg.com with a current credit card linked to your account. If you do not already have a Newegg.com account, you can register for an account here.
  • After you register for Premier, you will enjoy all membership benefits for a full year. Your membership will automatically renew on your annual membership renewal date, unless you tell us to cancel your membership.
  • You may not share your Premier membership with other people, and by registering for Premier, you agree that all Premier benefits will only be used by you, as the individual in whose name the linked Newegg.com account is held.
  • You may not register for a Premier membership if you are a business, or intend to use Premier benefits for commercial purposes.
  • We may refuse to register you for a Premier membership if required by law, or if you are in breach of these Terms.

Shipping

  • Premier members enjoy free expedited 3-day-or-less shipping on qualifying products, and discounts on our standard 2-day and 1-day shipping rates.
  • Delivery time is measured in business days, and all orders are subject to a 1-2 business day processing time prior to shipping.
  • We do not process or deliver orders on weekends or holidays.
  • Newegg selects the fastest or most effective carrier for the shipment and delivery of your order including UPS, FedEx, OnTrac and LaserShip.
  • Premier shipping benefits apply to orders shipping to residential addresses within the contiguous 48 states only. If you want to ship your order to HI, AK, Puerto Rico, US territories, or APO and FPO addresses, you should choose an alternative Newegg shipping option. Newegg does not ship to P.O. Boxes, and Newegg does not ship internationally.
  • The speed of your delivery is dependent on many factors including the location of the delivery, the size or special features of the product being shipped (e.g., big screen TVs), and carrier issues beyond our control.
  • Newegg does not guarantee that your order will be shipped on time, or that it will be delivered by the expected delivery date.
  • You can review complete information about Newegg’s shipping methods, options, policies and restrictionshere.

Qualifying Products

  • Premier benefits apply only to orders of qualifying products, which are clearly designated by the Premier icon visible on the product pages of qualifying products.
  • Premier benefits only apply to orders of qualifying products offered on Newegg.com. Products offered for sale on other Newegg sites including Newegg Business, Newegg Marketplace and Newegg Flash are not eligible for Premier benefits.
  • Some orders of qualifying products may be subject to additional fees, handling or taxes. Those fees will be indicated on the subject product page, and you will be asked to agree to such fees before you place your order at checkout.
  • Premier benefits only apply to orders of qualifying products in Newegg inventory and that ship from one of our warehouses. Virtual fulfillment product orders – that is, those processed and shipped by one of our manufacturer and/or third-party vendor partners – are not eligible for Premier benefits.
  • If your order includes both qualifying and non-qualifying products, your Premier benefits will only apply to the qualifying products. Non-qualifying products are subject to Newegg’s standard shipping and return rates and policies.
  • Certain products because of their size, weight or other special characteristics do not qualify for Premier benefits, and are subject to Newegg’s standard shipping and return rates and policies.

Returns

  • Premier members get free returns on orders of qualifying products.
  • Standard restocking fees are waived for Premier members on returns of qualifying products.
  • You can review complete information about Newegg’s return policies and restrictions here.

Membership Fees and Renewal

  • You can find information on the current Premier annual membership fee on the Premier FAQ page.
  • When you register for a Premier membership, the current annual membership fee will be charged to the credit card on file with your Newegg.com account that you have authorized Newegg to charge for purchases and other fees. Every year after that on your membership annual renewal date, your credit card will be automatically charged for the amount of the then-current annual membership fee, unless you notify us prior to that date that you wish to cancel.
  • YOU UNDERSTAND THAT YOUR PREMIER MEMBERSHIP WILL AUTOMATICALLY RENEW ON YOUR ANNUAL RENEWAL DATE, AND YOU SPECIFICALLY AUTHORIZE NEWEGG TO CHARGE YOUR CREDIT CARD ACCOUNT FOR THE TOTAL AMOUNT OF THE THEN-CURRENT PREMIER ANNUAL MEMBERSHIP FEE, UNLESS YOU NOTIFY US PRIOR TO THE CHARGE TO YOUR CREDIT CARD ACCOUNT THAT YOU WANT TO CANCEL YOUR MEMBERSHIP.
  • Premier annual membership fees must be charged to a credit card. We cannot accept payment via debit cards (cards issued by your bank and connected directly to your bank account), PayPal or via any other payment method.
  • If a charge to your credit card account fails at the time of auto-renewal, we allow up to 14 days for you to correct the credit card information on file in your Newegg.com account before we will terminate your Premier membership.
  • State and local taxes may apply to the Premier annual membership fee, and/or the value of free or reduced shipping charges you may enjoy as a Premier member.
  • The Premier annual membership fee is subject to change. We will notify you at least 30 days prior to your Premier membership annual renewal date about changes to the fee.
  • The Premier annual membership fee is non-refundable except for as set forth in these Terms.

Termination and Refunds

  • These Terms are effective until terminated by Newegg, and Newegg may terminate the Premier program in its entirety, or these Terms and your membership at any time and without notice.
    • If Newegg terminates your Premier membership, it shall pay you a prorated amount equal to the full months remaining in the current annual term of your membership.
    • If Newegg, in its sole discretion, determines that you have misused your Premier membership, engaged in wrongdoing or fraud, misrepresented your eligibility for membership, or are otherwise in breach of these Terms, you will not be entitled to a refund of any portion of the Premier annual membership fee already paid to Newegg.
  • You may terminate your Premier membership at any time by visiting the My Account section of your Newegg.com account, clicking on “Newegg Membership” and choosing “Cancel Membership.”
    • If you have utilized any Premier membership benefits during the current annual term of your membership, you will not be entitled to any refund of the Premier annual membership fee that was charged to your credit card account upon registration (if you are in the first year of your membership), or on your last Premier membership annual renewal date.
    • If you have not utilized any Premier membership benefits during the current annual term of your membership, Newegg will credit your credit card account for the full amount of the Premier annual membership fee that was charged to your credit card account upon registration (if you are in the first year of your membership), or on your last Premier membership annual renewal date.
  • In the event of termination, all restrictions imposed on you by these Terms and/or disclaimers and limitations of liability set out in these Terms will survive.

Other Limitations and Conditions

  • We may from time to time update, vary, amend or cancel some or all of these Terms and each time you visit our website you will be legally bound by our updated or amended Terms.
  • You may not use your Premier membership in any manner, or for any purpose which is unlawful, or in any manner which violates any right of Newegg, or which is prohibited by these Terms.
  • You may not transfer or assign your Premier membership to any other person or entity, and any such assignment will be null and void, and will terminate these Terms and your membership.
  • From time to time, we may contact you regarding your Premier membership, including issues relating to orders placed by you, charges to your credit card account, and renewal and/or termination of your membership. As a condition of your Premier membership, you will keep the email address on file in your membership account current so that we may contact you as needed.
  • Newegg is not responsible for the lapse and termination of your Premier membership and associated benefits due to your failure to keep your membership and credit card account information current.
  • The laws and regulations of the state and/or municipality in which you reside may confer you with rights relating to your Premier membership which cannot be excluded, restricted or modified by these Terms (“Statutory Rights”). If these Statutory Rights apply to you, some of these Terms may be excluded.
  • If any provision contained in these Terms is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions in these Terms, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable.
  • Our failure to enforce your compliance with any provision of these Terms shall not affect in any way our right to require such compliance at any time thereafter. Any waiver by Newegg of your breach of any provision in these Terms shall not be taken or held to be a continuing waiver of that provision unless such waiver is made in writing.

Limitation of Liability

IN NO EVENT SHALL NEWEGG BE LIABLE TO YOU OR TO ANY THIRD-PARTY CLAIMING THROUGH OR UNDER YOU, FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES. NEWEGG SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD-PARTY FOR SUCH DAMAGES, INCLUDING ANY LOST PROFITS ARISING FROM OR RELATING TO PREMIER AND THESE TERMS. IN ALL CIRCUMSTANCES, NEWEGG’S MAXIMUM LIABILITY SHALL NOT EXCEED THE AMOUNT OF THE MOST-RECENT PREMIER ANNUAL MEMBERSHIP FEE THAT YOU PAID TO NEWEGG. NEWEGG SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO PREMIER WHICH EXCEEDS THIS LIABILITY LIMIT. NEWEGG SHALL NOT BE LIABLE FOR THIRD-PARTY CLAIMS FOR DAMAGES FOR DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, OR EXEMPLARY DAMAGES, WHETHER OR NOT NEWEGG HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

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