Terms and Conditions

Website Terms and Conditions

Please read these Terms of Use (“Terms”, “Terms of Use”, “Terms and Conditions”) carefully before using the http://www.GoForOpen.com Website (the “Website”) operated by GoForOpen. These Terms and Conditions govern the supply of goods sold by GoForOpen ("we" and "us") to the customer ("you"). These constitute the entire and only agreement between us in relation thereto.

Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site. Use of this Website shall be deemed acceptance of these terms.

By accessing or using the Website you agree to be bound by these Terms. If you do not agree with these Terms of Use, please do not use the Website.

GoForOpen reserves the right, at our sole discretion, to change, modify, add or remove portions or replace these Terms at any time. Your continued use of the Website following the posting of any changes indicates your acceptance and agreement to the changes.

 

Website use

You agree to use GoForOpen Website only for purposes that are permitted by these Terms of Use and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree that you will not access or attempt to access the Website other than through the interface that is provided by GoForOpen, unless you have specifically been permitted to do so in a separate written agreement signed by an authorized representative of GoForOpen. You specifically agree not to access or attempt to access the Website, or any portion thereof, through any automated means, including but not limited to the use of scripts or web crawlers. You agree that you will not engage in any activity that disrupts or otherwise interferes with the Website (or the servers and networks which are connected to the Website). You agree that you will not duplicate, reproduce, copy, sell, trade or resell the Website for any purpose. You agree that you are solely responsible for any breach of your obligations under this Policy and Agreement and for the consequences (including any loss or damage which GoForOpen may suffer) of any such breach.

 

Policy and Agreement

Price, specifications and terms of offers are subject to change without notice. GoForOpen is not responsible for typographical and/or photographical errors. Retail products are accompanied by the original manufacturer warranty. GoForOpen does not offer any technical support or sales advice. Customer pays return shipping charges for all RMA services. GoForOpen reserves the right to refuse service to anyone.

Payment Methods
  • Visa
  • MasterCard
  • Discover Network
  • American Express
  • PayPal
  • No Purchase Orders, Fax or C.O.D. orders please.
  • GoForOpen does not accept international credit cards at this time.
Shipping Methods
  • FedEx 3Day Express Saver - 3 to 4 business days + 1 to 2 business days to process the order.
  • FedEx 2Day - Delivery within 2 business days + 1 to 2 business days to process the order.
  • FedEx Standard Overnight - Delivery within 1 business day + 1 to 2 business days to process the order.
  • UPS Ground - 5 to 7 business days + 1 to 2 business days to process the order.
  • UPS 3Day - 3 business days + 1 to 2 business days to process the order.
  • UPS 2Day - 2 business days + 1 to 2 business days to process the order.
  • UPS Red Next Day Residential - Delivery within 1 business day + 1 to 2 business days to process the order.
  • For Hawaii and Alaska customers, FedEx can only ship via 2Day Air and the shipping time will not be guaranteed. Therefore, GoForOpen will default to and charge for 2Day Air.
  • FedEx only offers 2Day service to Hawaii and Alaska. If you have selected FedEx Saver as your preferred shipping option and attempt to checkout, the shipping method will default to 2Day and you will subsequently be charged accordingly.
  • All orders require 1 to 2 business days processing time before shipping.
    • GoForOpen does not process orders during weekends.
    • No deliveries will be made on Saturday or Sunday.
    • GoForOpen does not guarantee same day shipping.
  • All orders shipped to destinations within California will be charged state sales tax.
  • Exact delivery times to Hawaii, Alaska and Puerto Rico cannot be guaranteed.

 

Sales Tax

Sales tax is only required for orders shipping into states where we have or may have nexus for state tax purposes under applicable laws. Therefore all orders shipped to any address within California will be charged applicable sales tax according to your area's tax rate.

 

Duty and Other Tax

Customer is responsible for and shall pay any and all applicable sales, customs duty, use, value added, or excise taxes, or amount legally levied in lieu thereof imposed under the authority of a Federal, State, Foreign, or Local taxing jurisdiction.

 

Money Back Guarantee/Refund Policy

GoForOpen offers our customers a 30-day satisfaction replacement or refund guarantee on all purchases.

 All merchandise unless otherwise indicated may be returned within 30 days from the original invoice date for a refund. A return authorization number is required for all returns. A 15% restocking fee may apply. These terms apply to all refunds.

 

Order Discrepancy Policy

Customers must inform GoForOpen of any order discrepancy within 7 days from the invoice date so that we may investigate and resolve the situation accordingly.

 

Warranty / Defective Returns

GoForOpen Products are warranted against defects in materials and workmanship for a period of one year from invoice date. No return of products will be accepted by GoForOpen without a Return Material Authorization (RMA) number, which may be issued at GoForOpen’s sole discretion. Any products returned must be complete and in their original shipping cartons together with all packing materials, and must have any applicable freight and insurance charges prepaid. A complete description regarding the nature of the defect must be included with all return products. Buyer shall ship such products directly to GoForOpen for credit, repair or replacement.

 

Physical Damage Policy

Physical damage to any product purchased at GoForOpen will void warranty coverage and invalidate any right to return for replacement or refund. Physical damage includes but is not limited to improper handling and/or any other type of damage sustained by irregular usage. GoForOpen will return any physically damaged product to the customer at the customer's expense. Any alterations, modifications, additions, improvements, installation, or attachments on the product not authorized in writing by GoForOpen shall solely be at the Buyer's own risk and expense, and may invalidate any right to return.

 

Restocking Fee

A 15% restocking fee will be applied to all returns for refund. Shipping charges are non-refundable. No refunds after 30 days.

 

Cross-Ship

GoForOpen may offer cross-shipment if the following criteria are met:

  • The customer first agrees to purchase the replacement item.
  • The same make/model item is in stock.
  • Return shipping costs are the sole responsibility of the customer. Return shipping is a service paid to a shipping courier so they will transport your authorized return to GoForOpen.
  • Under no circumstance will GoForOpen cross-ship merchandise beyond 30 days from the original invoice date.

 

Customized systems

Customized systems are built-to-order. The components you select for your system will be assembled and tested by trained staff. Customized systems require adequate time for assembly as well as testing to ensure the components are functioning properly. Assembly time varies depending on the system. The required assembly time for each particular system will be listed on the item’s product page.

Your order must be charged in full before we begin building your system. Please note that once an order is charged, it cannot be changed or canceled.

All returns for refund, including refused packages, will be charged a non-refundable 15% restocking fee. All other standard return policies apply. Please refer to the GoForOpen Return Policy for complete details.

 

Technical Support

User guides and FAQs are posted at GoForOpen. GoForOpen provides any additional technical support exclusively via email at support@GoForOpen.com. Support is limited to hardware functionality and basic software how-to and troubleshooting assistance. GoForOpen does not make product recommendations; provide technical support or sales advice, nor offer advice on compatibility of items.

We encourage input from our customers. If you have uncovered a solution to an issue that we may not be aware of, please notify us of the problem description, cause and your resolution. We will review for technical accuracy and then update our documentation.

 

Processing Time

Orders are typically processed within 2 business days, provided the items are in stock and there are no problems with payment verification. GoForOpen does not guarantee same day-shipping. Orders are not processed on weekends and holidays.

 

Backorders

GoForOpen does not sell backordered merchandise. We will never purposely charge a customer for an item that we do not physically have in stock at the time of purchase. Occasional inventory discrepancies may occur due to inaccurate inventory counts or possibly because the last few items on our shelves are damaged and/or not in a condition that we can sell to a customer. In that instance, we will refund your credit/debit card for the item, along with any applicable tax fees and shipping charges. An automated email will also be sent to alert you of the situation.

 

Order status

GoForOpen will keep you informed of your order status via e-mail. All tracking information will be emailed to you once your order has shipped.

 

Change Orders / Cancel Orders

You may request that an order be changed or cancelled provided the order has not already been processed and shipped. Simply call (408) 912-7595 during GoForOpen's hours of operation to request an order cancellation. You will receive a credit for the full amount to your credit/debit card in approximately  1 to 2 business days.

 

Resellers / Quantity Purchases

GoForOpen is happy to fill your order for a quantity of ten (10) or more of any given item on a single purchase order. Please understand that an order of that size, once purchase is completed, is automatically non-refundable. All other specific conditions related to the ordered item still apply, including any and all stipulations relative to any available replacement return policies. Please contact Customer Service with any questions you may have.

  • Tax: All customers outside of California will not be charged any state sales tax. Therefore, there is no need to fax or set up any reseller tax exemption form.
  • For California please place your first order as normal, and email your reseller permit with your Sales Order number to sales@GoForOpen.com. We will remove all tax from your order.

 

Product Listings

GoForOpen strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our Website. We cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our Website is labeled with an incorrect price due to some typographical, informational, technical or other error, GoForOpen shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other Websites from GoForOpen are provided as resources to customers looking for additional information and/or professional opinion. GoForOpen does not assume responsibility for the claims and/or representations made on these or any other Websites.

 

Product Revisions

GoForOpen is not responsible for changes or variations in product specifications and/or physical appearance. In the interest of our customers, GoForOpen puts forth its best efforts to ensure that all product information is up-to-date and factual. However, product revisions may occur that may be considered inconsequential to the operation and functionality of the product. This includes but is not limited to new versions or revisions of the hardware or software, color deviations, retail package alterations and other variations.  GoForOpen will not be held responsible for such product revision changes.

 

Purchase Agreement

By accepting delivery of any product ordered from GoForOpen ("GoForOpen"), you ("Customer") agree to be bound by the terms and conditions listed below. You and GoForOpen agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and GoForOpen. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from GoForOpen.

 

Satisfaction Guarantee

GoForOpen offers our Customers a 30-day satisfaction replacement or refund guarantee on all purchases.

To take advantage of GoForOpen's satisfaction guarantee, the Customer must comply with the Product Return Procedure detailed below. Any breach of GoForOpen's Return Policy Procedure will result in the loss of GoForOpen's refund/replacement guarantee. Furthermore, all return shipments not in compliance with these instructions will be rejected.

 Product Return Procedure

  • To return a product in compliance with GoForOpen's satisfaction guarantee, you must obtain a Return Merchandise Authorization ("RMA") number within the guarantee return period for the product (described above). Please click here to acquire an RMA number. All RMA requests must be filed online. GoForOpen will not accept returns without prior authorization and a RMA number. Once issued, RMA numbers are valid for 15 days within which return products must be received by GoForOpen. RMA numbers will not be extended or reissued. Customer should prominently display the RMA number(s) on the shipping label of boxes containing the returned product.
  • Customer is solely responsible for shipping any returned product to GoForOpen. Customer agrees to use only reputable carriers capable of providing proof of delivery and insurance for the entire value of the shipment. Customer agrees to bear all shipping and insurance charges and all risk of loss for the return product during shipment. Customer agrees that all returned products will be 100% complete, in re-saleable condition, and will include the original packaging material, manuals, blank warranty cards, and other accessories provided by the manufacturer. If any component of the returned product is missing, GoForOpen's Return Procedure will be breached and GoForOpen may in its sole and absolute discretion reject the entire return or choose to impose additional charges against the customer for replacement of the missing component(s).
  • “Return” constitutes receipt of the product by GoForOpen, and not the mere issuance of an RMA.
  • GoForOpen will not refund to Customer the original shipping charges. In addition, GoForOpen will assess a 15% restocking fee against the Customer's account on all returns for refund.

 

Limitation of Liability

IN ALL CIRCUMSTANCES GOFOROPEN 'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. GOFOROPEN SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. GOFOROPEN SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT GOFOROPEN HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

 

General Terms and Conditions

Orders

An order is not binding upon GoForOpen until it is accepted; GoForOpen must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other method prearranged with GoForOpen. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

 

Shipping Charges

Your total cost for purchase of any product will include the shipping and handling charges shown on your GoForOpen invoice. Those fees are paid for the services provided by and to the original carrier, and will not be refunded to you if your item is returned to GoForOpen for a refund. Shipping fees are non-refundable in the case of a returned product.

 

Risk of Loss

GoForOpen will arrange for shipment of ordered product(s) to the Customer, Free On Board (FOB) shipping point, meaning title to the product(s) and risk of loss passes to the Customer upon delivery to the carrier. GoForOpen reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow GoForOpen to sign appropriate documents on Customer's behalf to permit GoForOpen to protect its purchase money security interest. GoForOpen will advise Customer of estimated shipping dates, but GoForOpen will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.

 

Governing Law and Jurisdiction

Any dispute arising out of or related to these Terms and Conditions or the sales transactions between GoForOpen and Customer shall be governed by the laws of the State of California, without regard to its conflict of laws rules. Specifically, the validity, interpretation and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Except for claims for injunctive relief by either party, Customer and GoForOpen agree that any litigation relating to the transaction shall have jurisdiction, venue, and shall be brought in Santa Clara County, California, USA.

If we are the prevailing party in any litigation with you or related companies relating to the subject matter of this invoice, we have the right to collect reasonable attorney fees and collection costs from you.

Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against GoForOpen that is more than one year after the date of the applicable invoice.

 

Severability

If any provision contained in this agreement 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 of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law.

 

Waiver

The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

 

Entire Agreement

These terms and conditions, together with GoForOpen's invoice and Terms of Sale regarding the products ordered by Customer, are the complete and exclusive agreement between GoForOpen and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between GoForOpen and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.

 

Address

GoForOpen
20660 Stevens Creek Blvd, Suite 194
Cupertino, CA 95014

 

GoForOpen Return Guidelines

All returns require an RMA (Return Merchandise Authorization) number, which can be obtained by contacting our Customer Service department support@GoForOpen.com or calling (408) 912-7595.  

These are GoForOpen’s (“GoForOpen”, “we” or “our”) Overall Return Guidelines applicable to products purchased by you directly from the GoForOpen website. All returns must meet the overall guidelines in order for the individual return policy to apply.

  • All product returns require a Return Merchandise Authorization (RMA) number. You may obtain an RMA number by contacting GoForOpen Customer Service through any of the methods provided here.
  • Any return for a refund may be subject to a restocking fee of 15% at GoForOpen’s sole discretion.
  • Any return for a replacement may be repaired or replaced at GoForOpen's sole discretion, unless otherwise required by law.
  • All products that are new with the retail packaging never opened can be returned to GoForOpen within 30 days for refund. Return shipping will not be covered by GoForOpen.
  • A return must be initiated by GoForOpen within 90 days of the invoice date for this policy to apply.
  • Products that are received by GoForOpen in any of the following conditions are not eligible for return and may be sent back to you at your cost and expense:
    • Any product not purchased from GoForOpen
    • Any product that does not exhibit the described reason for the return (i.e., A return initiated for a DOA product that powers on and works properly upon inspection)
    • Any product with missing, damaged, altered, or otherwise unreadable serial number label, manufacturer model or part number label, and/or warranty label
    • Any product that is returned without all original packaging and accessories, including the retail box, manuals, cables, and all other items originally included with the product
    • Any product that exhibits physical damage
    • Any product which has been customized, tampered with, or altered in any way

 

Terms of Sale

These Terms of Sale (“Agreement”) apply to your purchase of products sold GoForOpen. By placing an order with GoForOpen, you agree to these terms. This is a binding agreement. As an Agreement between GoForOpen and yourself, it may not be altered, supplemented or amended by any other document.

Orders, Pricing and Payments. GoForOpen strives to communicate accurate pricing and product information but will not be held responsible for any pricing, typographical, or other errors in such communications. Your order is subject to cancellation by GoForOpen, in GoForOpen's sole discretion. Payment must be received by GoForOpen prior to our acceptance of an order. GoForOpen may process payment for and ship parts of an order separately. You are responsible for sales and other taxes associated with your order. California sales tax is charged on all purchases if the Product ship-to address is within California, unless you provide GoForOpen a valid and correct California Seller’s Permit.

Shipping / Title / Risk of Loss. Product title and risk of loss passes to you when the Product is delivered to the carrier. You have 7 days to notify GoForOpen of any missing, wrong, or damaged portion of your purchase or GoForOpen cannot be held responsible for these issues.

Warranty / Defective Returns. GoForOpen Products are warranted against defects in materials and workmanship for a period of one year from invoice date. No return of products will be accepted by GoForOpen without a Return Material Authorization (RMA) number, which may be issued at GoForOpen’s sole discretion. Any products returned must be complete and in their original shipping cartons together with all packing materials, and must have any applicable freight and insurance charges prepaid. A complete description regarding the nature of the defect must be included with all return products. Buyer shall ship such products directly to GoForOpen for credit, repair or replacement.

Physical Damage Policy. Physical damage to any product purchased at GoForOpen will void warranty coverage and invalidate any right to return for replacement or refund. Physical damage includes but is not limited to improper handling and/or any other type of damage sustained by irregular usage. GoForOpen will return any physically damaged product to the customer at the customer's expense. Any alterations, modifications, additions, improvements, installation, or attachments on the product not authorized in writing by GoForOpen shall solely be at the Buyer's own risk and expense, and may invalidate any right to return.

Restocking Fee. A 15% restocking fee will be applied to all returns for refund. Shipping charges are non-refundable. No refunds after 30 days.

Software. Any software that is part of your purchase will have its own license agreement, including any open source provisions.

Limitation of Liability. GoForOpen does not accept liability 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. Except as expressly provided herein, GoForOpen 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 product, GoForOpen is not liable or responsible for any amount of damages above the amount invoiced for the applicable product. Some jurisdictions may not enforce all of these limitations, and only the limitations that are lawfully applied to you in your jurisdiction will apply.

Governing Law and Jurisdiction. Any dispute arising out of or related to these Terms and Conditions or the sales transactions between GoForOpen and Customer shall be governed by the laws of the State of California, without regard to its conflict of laws rules. Specifically, the validity, interpretation and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Except for claims for injunctive relief by either party, Customer and GoForOpen agree that any litigation relating to the transaction shall have jurisdiction, venue, and shall be brought in Santa Clara County, California, USA.