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Terms and conditions of use

Your terms and conditions of use

Acceptance of Terms

Xmods permits the use of this Website subject to the Terms and Conditions . By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. By agreeing to our terms and conditions, you are agreeing not to use any product we supply for any illegal purposes, which includes playing commercial software you have not bought a license for (i.e. playing a copied retail game you have not purchased) . No items on this site are designed to , or are intended to , enable any kind of piracy or have any code that circumvents any kind of protection. You should have an original retail disk for every ISO/Backup you own , and you should destroy the backup / ISO of you no longer own the retail copy .

Copyright / intellectual property rights

Devices listed on this site are designed primarily to assist in the repair or replacement of defective hardware ,  for the use of and development of legal open source software ( eg the Free60 Xbox Linux Project (http://free60.org/LibXenon) and accessories designed to assist and enhance legal gameplay . None of the items are designed to enable any kind of piracy or have any code that circumvents any kind of protection. We do not supply any Software or Firmware. We do not support nor encourage potential infringements of others intellectual property rights .Do not contact us with any question regarding copied games as we will not respond. WE DO NOT SELL PIRATED GAMES . Do not buy these products if you are intending any illegal activity or use . Note you should have an original retail disk for every ISO/Backup you own , and you should destroy the backup / ISO of you no longer own the backup

Technical Nature of Products

The products listed on this site are highly technical in nature and are intended for use by installers with a level of knowledge of electronics , soldering and console repairs . Some products require you to open your console which voids your manufacturer  warranty. We cannot be held responsible for any damage , either to your items or to any items purchased off our site , caused by unqualified persons and/or misuse of any products .Misuse could render your console useless. The customer and the customer only is responsibility for the use of the products

If you do not possess the above skills , or if you are not sure of the intended use of any item , we strongly suggest you do not purchase any items off this site and rather look for a qualified installer / technician . 

Now the warnings have been made , these products have been extensively used and have been proven to perform as advertised - You have links on product pages to manufacturer info and also have access to forums / guides and tutorials that you can access to help with any technical advice / problems that you may have .

We are legally not permitted to give you installation advice as miscommunication and inexperienced installers can leave us liable . You should have / or be prepared to acquire the necessary skills to use the technical products on this site

Note that for all advertised systems ( new or used ) , any mods / installations / fitments will be done after you have paid , so in effect we will be working on the console you have just purchased

Warranty , Refunds and Returns

Returns :

New items are returnable within 14 days of Purchase , provided they are unused + are received back in mint condition , in the original product packaging and with all seals intact, including labels and stickers. This is also to assure our customers that we only sell new merchandise . Opened and used items will have a 15% restocking fee , provided they are returned complete and the packaging is undamaged. The cost of return of the products shall be for the customer’s account

There are no returns on Spares / Lenses / Used items / Items that are not complete /  items that have been installed / repaired or tampered with in any way

Incorrect products shipped will incur no additional costs on the buyers side . We will collect the incorrect item and will either refund in full  or ship the correct item 

Warranty claims ( See below ) : A successful warranty claim will incur no costs on the buyers side . If the returns warranty claim is unsuccessful , the shipping will be for the buyers account 

Used / Reconditioned / Refurbished items require a special mention . The warranty you are given is a Carry-In Warranty . What this means is that all Postage / Courier fees to and from us are for the customers account and must be settled in full before the items is returned to the customer . While every care is taken to ensure used equipment is working , kindly take note that you are purchasing used items , which may not work as well as a new item . This is expressly true for controllers .They will come used and may not perform as well as a new one . Warranty is void once an item has been altered or tampered with in any way

Warranty :

All new goods are sold with a manufacturer’s warranty ( 6 Month )  , and this covers defects in the manufacturing process only . Warranty void conditions include misuse , surge damaged items / Load shedding damage / shorted out electronics / incorrect installations / any physically damaged part or component / any item that has been installed  / firmware issues / bricked devices / items showing evidence of tampering and items that have been soldered to (ANY item that has been soldered or installed carries no warranty as it is impossible to determine if you have soldered or installed correctly ) . Any of the above will render the warranty void

Any Item / Spares Part that has been soldered to or installed does not carry a warranty . This is especially true for BGA chips and items that need soldering . Incorrect installation / too much heat can damage the spare part .

All clips / cables / ports / Usb ports / ribbon cables do not carry any warranty . They are fragile devices that are easily damaged by incorrect installation / too much force / incorrect seating  . If not sufficient care is not taken with these component , you will break it 

Power supplies in particular do not carry a warranty . PSU's are built up of entirely electronic components , and are susceptible to load shedding damage . Due to the nature of a PSU , they are directly affected by surge / load shedding / brownouts and any PSU that stops working will be due to an electrical event of some sort , and this cannot be warrantied . All PSU's are tested prior to shipping and you will get a DOA warranty , so please thoroughly test the PSU as soon as you receive the item and report any issues within 72 hours  

DOA ( Dead on Arrival ) claims must be reported within 48 hours after receipt of the goods and must be returned to our offices within 7 days after receiving the product 

Shipping

 **** IMPORTANT NOTICE : Please open the package and verify the order BEFORE signing for it . Once you sign for the order , no claims can be entertained .Do not sign for an order if you have not checked the contents ****

If you sign for an order , note you are accepting the condition of the goods . If it is the case that the fault with the item would not be noticeable upon inspection and would only have become evident when installing or use , please contact Xmods customer services BEFORE you go any further , as if you continue installation / use , you are accepting the condition of the item unconditionally . Note that once you install an item there will be no warranty claims or returns and there will not be any claims 48 hours after delivery

It is your responsibility to ensure that there is an authorized person at the delivery address to inspect and to sign for the goods. Once you have signed for the goods, we cannot accept liability for goods that are damaged or incorrect so please inspect all goods before signing for them . Please note that our couriers will bill you if no one is at the address on the day of delivery

We are also not responsible for any delays or issues on the shipping systems . These are beyond our control 

Insured carriage is via The Courier Guy Only  , and in the event of a lost parcel , Xmods will ship a full replacement order to you as soon as the parcel has been confirmed missing . 

Disclaimer

In many countries it is legal to sell, install, and use modchips in video game consoles for the purpose of playing backups of legally purchased software and homebrew software.  You, and you only, are responsible for complying with the law in your country. With reference to the Copyright Act of South Africa, if the device is used to create a back up copy, the purchaser should ensure that the original media was purchased legally. The back up copy must not be used for commercial gain and If users lose or damage the original, the backup copy must be destroyed.Users can only make 1 single backup copy of games for which they have purchased the original software license. It is the sole responsibility of the end-user to comply with laws associated with the use of Usb loaders and modchips in South Africa and/or in their destination country

Images of products are used for illustration purposes only - There may be slight differences due to product updates - Please look at product specifications for a detailed description

Xmods, its owners, partners, and associates do not support or condone piracy . Our products are only intended for hobbyists and enthusiasts , for playing legitimate backups ( ie you own a retail copy of the game), for the repair and replacement of defective hardware , to play homebrew software  , Linux development and to enhance gameplay . Our products are only intended for playing legitimate backups and homebrew software in territories whose legislation allows this . We shall assume no responsibility, legal or otherwise, for any misuse of our products or for any loss that may occur from distributing, using or selling our products. By using the Xmods site or any of our products you implicitly agree to the above . If you do not agree , or you do not have the technical skills to use our products , or you are not prepared to research and acquire the skills necessary to use / operate / install any item listed on this site , you must not use this website or any of our products.

This Website may contain links or references to other websites ("Third Party Websites") outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and the Company is not responsible for the practices and/or privacy policies of those Third Party Websites or the cookies that those sites may use. Notwithstanding the fact that this website may refer to or provide links to third party websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

Our products are not licensed, approved or endorsed by Microsoft/ Sony / Nintendo. Trademarks are copyright by their respective owners.

Repair Service 

We charge a quote rejection fee of R250 . It takes workshop time to locate / identify a technical fault and this charge will be levied on any quotes not accepted 

Terms and Conditions of Sale

These Terms and Conditions of Sale govern the sale of products ("Goods") by Xmods to you via the Website. The Terms and Conditions of Sale are in addition to the terms and conditions of use of the Website.

Once you tick the box labelled "I accept", these Terms and Conditions of Sale form a legally-binding agreement between you and the Company. 

Conclusion of sales and availability of stock 

A sales order will only be deemed as an offer to purchase. We will confirm your purchase order with you via your specified email but this email does not represent any acceptance of your offer to purchase products or services from us. We are not legally obliged to provide the products and services to you during the offer process. 

Xmods will indicate the acceptance of your order by delivering the Goods to you , and only at that point will an agreement of sale exist between you and Xmods . This is regardless of any communication from Xmods stating that your order or payment has been confirmed. Xmods will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

Payment can be made via the Website by:

Credit card payments via Payfast: where payment is made by credit card, we may require additional information in order to verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as this additional information is provided;

Once you accept these Terms and Conditions of Sale, you will be directed to a link to a secure site for payment of the offer to purchase .

Pricing Errors

We will make all reasonable efforts to accurately reflect the price, product or service description, images and any other relevant content of items available to sell on our website. Should any error be detected of whatsoever nature on the website not due to gross negligence, we will not be held liable for any loss, claim or expense relating to a transaction based on any error. A refund for the amount already paid will be processed back to the account used to make payment. We reserve the right, without prior notice, to discontinue or change pricing or specifications of products and services offered on this website without incurring any liability whatsoever.

General

You may not cede, assign or otherwise transfer your rights and obligations in terms of these terms and conditions of sale to any third party.

Any failure on the part of you or the Company to enforce any right in terms hereof shall not constitute a waiver of that right.

If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

No variation, addition, deletion, or agreed cancellation of these terms and conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

No indulgence, extension of time, relaxation or latitude which any party ("the grantor") may show grant or allow to the other ("the grantee") shall constitute a waiver by the grantor of any of the grantor's rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

These terms and conditions of sale, read together with the Terms and Conditions of Use of the Website, the Terms and Conditions of Use of the Forum, and our Privacy Policy contain the whole agreement between you and the Company and no other warranty or undertaking is valid, unless contained in this document between the parties.

Changes to these Terms and Conditions

We reserve the right to update and/or amend the Terms and Conditions from time to time and without any notice, and you are accordingly encouraged to check the Website regularly. If you use this Website after such updated or amended Terms and Conditions have been displayed on this Website, you will be deemed to have accepted such updates or amendments.

Limitation of Liability

XMODS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL INJURY, LOSS OR DAMAGES OF ANY EQUIPMENT OR INFORMATION WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, ANY MATERIAL , EQUIPMENT , PRODUCTS OR CONTENT CONTAINED IN, OR INABILITY TO USE, AND/OR UNLAWFUL ACTIVITY ON, THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.YOU HEREBY INDEMNIFY THE COMPANY AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF ,YOUR CONSOLE/EQUIPMENT OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE OR ANY PRODCT OR SERVICE AVAILABE ON THIS SITE

You hereby indemnify the company against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and/or any linked third party website.

Xmods will not be held legally liable or responsible for any data loss while repairing or working on your equipment . Please back up your data accordingly before sending any equipment in to Xmods .

E.& O.E : Errors and Omissions Excepted .While every care is taken to ensure the accuracy of the data displayed , in the case of a information or price error , you will be refunded in full . Xmods does not accept any responsibility for any errors or omissions on this website.