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. You must not use this Website if you do not agree to the Terms and Conditions.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 this product 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

Skill and knowledge are required to Jtag / rgh or flash , not equipment . The ratio of skill vs equipment is 90% skill vs 10% equipment . We sell the equipment - the rest is up to you .

In short , DO NOT ORDER PRODUCTS OFF THIS SITE  IF YOU DO NOT KNOW HOW TO USE THEM - Rather get us to install the product for you

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 every 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 . We have had enough of " you told me to do this and now this does not work " . 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

NOTICE : IF YOU ARE AT ALL UNSURE OF HOW TO DO A INSTALLATION / USE AN ITEM  , OR ARE UNSURE OF YOUR TECHNICAL CAPABILITY , OR DO NOT AGREE WITH THE WARRANTY CONDITIONS , DO NOT PURCHASE FOR A SELF INSTALL , RATHER GET OUR EXPERIENCED WORKSHOP TO DO THE INSTALLATION FOR YOU , AS IF YOU DECIDE TO DO THE INSTALLATION YOURSELF , NO CLAIMS WILL BE ENTERTAINED . 

Warranty : All new goods are sold with a manufacturer’s warranty only , and this covers defects in the manufacturing process only . It does not cover surge damaged items / 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  .

There will be no warranty claims on any item that are  : shorted out / improperly used / physically damaged / surge damaged or have evidence of installation. Note that ANY item that has been soldered or installed carries no warranty as it is impossible to determine if you have soldered or installed correctly . Please ensure that you are positive you know how to use the product in question and have read the product description carefully and possess the necessary skills to do the repair/Mod as no warranty will be entertained . If you are at all unsure , or do not agree with the terms and conditions , rather get our experienced workshop to do the install for you. 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 any component , YOU WILL BREAK IT  , there is nothing we can do about a physically damaged part or component , so again , if you do not agree with this , please do not purchase for a self install , rather get our workshop to install for you

There is also no warranty on failed firmware updates / bricked devices . This falls outside of the manufacturers warranty and in the case of a failed firmware update / bricked device , support will be via the manufacturers support forum or with the manufacturer directly . Please do not purchase this item if you do not agree with this condition of sale .

Our products ( new ) all carry a warranty of 6 or 12 months ( product dependent ) . However this warranty applies only if the product has not been opened, soldered, modified etc. by the end user. Lenses require installation and calibration which can easily damage the product. Therefore, they do not fall under normal warranty rules, and can NOT be exchanged/returned. Do not buy this product if you do not agree with the above . Generally all imported items carry a limited 6 month warranty and all locally sourced products carry a 12 month warranty . As the majority of our products are imported , work on a 6 month warranty unless otherwise specified .Please confirm with our sales department on the warranty on a specific item before purchasing

Returns : We do not accept returns due to the nature of the products ( unless of course they are faulty) .  This is also to assure our customers that we only sell new merchandise. Please check for compatibility of products before you order , and please check items before signing for them as we are unable to accept returns/exchanges on products once they have been opened / installed or have their warranty seal broken as we will not resell a working product with installation marks / broken warranty seals . We want to ensure our customers that we only sell brand new products! Our suppliers will not accept a product back that has been installed / repaired or tampered with in any way . In the event we do take a product back , there will be a 15% handling fee to cover bank charges and testing once we have the product back - The handling fee will not be charged if it is our fault you have the wrong product .

Returns Postage : In the case of a successful warranty claim , postage to us and / or postage back to you is paid for by Xmods , and will be at the Post Office Parcel Rate ( Note that is not an overnight service )  . If you send in via an alternative method , the difference in the shipping rates will be for your account . Please send to Xmods , Tinley Manor Beach, Umhlali , 4390 , Tel : 0325544018

Lenses are strictly non returnable as they are very sensitive devices and can be easily damaged by incorrect installation . Some models may need calibration to work correctly  -  if calibrated incorrectly by inexperienced personnel they will be damaged

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 . Warrant is void once an item has been altered or tampered with in any way

Shipping

 **** IMPORTANT NOTICE : If your order was sent via the Post Office , open the package and verify the order BEFORE signing for it and leaving the counter . Once you sign for the order , no claims can be entertained . The same procedure is to be used for Couriers . 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

Please note that we will not be held responsible for any shipping claims . That will be between you and the postage system you have chosen . No claims will be entertained , either by us or the courier/post office if your package was not sufficiently padded , was not packed securely or you did not check the contents before signing for the order. We are also not responsible for any delays or issues on the shipping systems . These are beyond our control and must be taken up with the carrier in question .

Insurance is optional and is automatically added to your order upon checkout  . You can cancel the insurance on your order by clicking on " Waive Insurance " during checkout  . Insured parcels will ensure that , 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 . Once you Waive the insurance , Xmods will not be held responsible for any lost items / orders . In the event of the courier company providing blanket insurance , we will log a claim with them , and you will be refunded according to their refund policy , and only when they settle . Note that some couriers do not provide any form of insurance, or provide a limited liability settlement which may not cover the full order value . Please take out insurance on checkout to ensure your order os covered in the case of theft or loss

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. Trademarks are copyright by their respective owners.

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.

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.
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;
Direct bank deposit or electronic funds transfer, in which event, you must make payment within 5 days of placing your order, and the Company will not execute the order until receiving confirmation that payment has been received and verified;
Once you accept these Terms and Conditions of Sale, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

Payment

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;

Direct bank deposit or electronic funds transfer, in which event, you must make payment within 5 days of placing your order, and the Company will not execute the order until receiving confirmation that payment has been received and verified;

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

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.