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Newegg Premier Australia Membership Terms and Conditions

Last updated: March 1, 2016.

We created Newegg Premier (“Premier”) so that loyal Newegg customers can get the extra attention and benefits they deserve like free and fast shipping, no restocking fees and more. These terms and conditions (“Terms”) are between you (“you” or “your”) and Newegg International Inc., a corporation organized under the laws of Cayman Islands, its subsidiaries and affiliates (“Newegg” or “we” or “our”), and govern our respective rights and obligations with respect to Premier.

By registering for a Premier membership, you are agreeing to be bound by these Terms, Newegg’s Policy & AgreementPrivacy Policy, and any other applicable policies, conditions, terms, limitations, requirements, and disclaimers appearing on newegg.com, all of which are incorporated into these Terms.

We may from time to time update, vary, amend, or cancel some or all of these Terms. The most recent update of these Terms will be posted here and identified by the date at the top of this page. By continuing to access and use your Premier membership, you will be deemed to have agreed to any changes or updates to these Terms.

Membership Benefits

Premier members are eligible for the following benefits:

  • Free Super Eggsaver domestic shipping on qualifying products
  • Restocking fees are waived on all product returns of qualifying products
  • NOTE: Free shipping is not available in all areas. Please click here for a list of zip codes without free shipping.

Registration

  • You are eligible to register for a Premier membership if you are over the age of 18, already have a registered account with Newegg with a current credit card linked to Your account. If you do not already have a Newegg account, you can register for an account here.
  • After you register for Premier, you will enjoy all Premier membership benefits for the term of your membership. To continue your Premier membership beyond the initial term, you can re-register your account here.
  • 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 account is held. You agree that you are solely responsible for all activity that occurs using your Premier membership, including with regard to any purchases.
  • 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 allow your registration for a Premier membership if required by law, or if You are in breach of these Terms.

Shipping

  • 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 makes reasonable efforts to select the fastest or most efficient 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 same country from which your order originates. Newegg does not ship to post office boxes or 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.
  • You can review complete information about Newegg’s shipping methods, options, policies and restrictions here.
  • Newegg will employ reasonable efforts to have Your order shipped and delivered on time. However, NEWEGG DOES NOT GUARANTEE THAT YOUR ORDER WILL BE SHIPPED ON TIME OR THAT IT WILL BE DELIVERED BY THE EXPECTED DELIVERY DATE.
    NOTE: Free shipping is not available in all areas. Please click here for a list of zip codes without free shipping.

Qualifying Products

  • Premier benefits apply only to orders of qualifying products (“Qualifying Products”), which are designated by the Premier icon.
  • Premier benefits only apply to orders of Qualifying Products offered on newegg.com.au. 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 Newegg’s contracted fulfillment warehouses.
  • 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 may not qualify for Premier benefits, and may be subject to Newegg’s standard shipping and return rates and policies.

Membership Fees and Renewal

  • When you register for a Premier membership, you authorize Newegg to charge the current membership fee to the credit card on file with your Newegg account.
  • In order to continue your Premier membership beyond the current membership year, you must re-register your membership. YOUR PREMIER MEMBERSHIP WILL NOT AUTOMATICALLY RENEW.
  • Premier 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 your renewal, you will have up to 14 days to correct the credit card information on file in your Newegg account before we will terminate your Premier membership.
  • Certain taxes may apply to the Premier membership fee, and/or the value of free or reduced shipping charges you may enjoy as a Premier member. Any such taxes will be identified at checkout.
  • The Premier membership fee is subject to change. We will notify you at least 30 days prior to your Premier membership renewal date about changes to the fee.
  • The Premier 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/or your membership at any time, in our sole discretion, for any reason, 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 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, your Premier membership may be terminated and you will not be entitled to a refund of any portion of the Premier membership fee already paid to Newegg.
  • You may terminate your Premier membership at any time by visiting the My Account section of your Newegg account, clicking on “Newegg Membership” and choosing “Cancel Membership.”
  • If you have utilized any Premier membership benefits during the current term of your membership, you will not be entitled to any refund of the Premier membership fee that was charged to your credit card account upon registration or renewal.
  • If you have not utilized any Premier membership benefits during the current term of your membership, Newegg will credit your credit card account for the full amount of the Premier membership fee that was charged to your credit card account upon registration or renewal.
  • 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

  • You may not use your Premier membership in any manner or for any purpose which is unlawful, violates any right of Newegg, or is otherwise prohibited by these Terms.
  • You may not transfer or assign your Premier membership to any other person or entity. Any such assignment will be null and void and will terminate these Terms and your membership.
  • From time to time, we may need to contact you regarding your Premier membership, 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 necessary. We will not send you marketing materials unless you authorize us to do so.
  • 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 jurisdiction 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 DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL OR OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO PREMIER. IN ALL CIRCUMSTANCES, NEWEGG’S MAXIMUM AGGREGATE LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE MOST-RECENT PREMIER MEMBERSHIP FEE THAT YOU PAID TO NEWEGG. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THE LAWS OF ONE OF THESE JURISDICTIONS APPLIES TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS SECTION WILL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY LAW AND WILL SURVIVE ANY CANCELLATION OR TERMINATION OF YOUR PREMIER MEMBERSHIP.

Governing Law

Unless otherwise prohibited by the laws of your jurisdiction, the laws of the State of California, without regard to principles of conflicts of laws, govern these Terms and any dispute that arises between you and Newegg related to these Terms or your use of Premier.

Arbitration and Class Action Waiver

Except for claims for injunctive relief by either party, you and Newegg agree that any dispute, claim or controversy arising out of or relating to these Terms, your use of the Premier membership, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be submitted to the International Court of Arbitration of the International Chamber of Commerce and shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with those rules. Judgment on the Award may be entered in any court having jurisdiction. You and Newegg agree to arbitrate solely on an individual basis, and that this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.

Updated on June 21, 2018

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