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Santiago Wingeyer
santiagowingeyer@yahoo.com
At the outset, please note that Newegg takes consumer complaints very seriously and
tries very diligently to address and resolve consumer complaints quickly and appropriately. With
that being said, we are pleased to inform you that Newegg is willing to issue you a Newegg Gift
Card in the amount of $50.00, as a one-time courtesy, to settle the matter.
According to our records, at the time you placed the Orders, the prices for the products
were incorrectly listed on Newegg.com. Pursuant to Newegg’s Terms and Conditions, “Newegg
shall at its sole discretion have the right at any time to refuse and/or cancel any order for a
product whose listing on the Site contained erroneous information, including but not limited to
incorrect pricing.” Please see Exhibit A. Since the Orders were for products whose listings on
Newegg.com contained erroneous information, Newegg had the right to cancel the Orders. Thus,
in accordance with Newegg’s Terms and Conditions, Newegg voided the Orders.
Newegg recognizes the value of our customers and seeks to find an amicable resolution
wherever possible; therefore, although Newegg had the right to void the Orders, Newegg is
willing to issue you a you a Newegg Gift Card in the amount of fifty dollars and zero cents (US
$50.00), as a one-time courtesy, to settle the matter. Such action is not and should not be
construed in any way to be an admission or concession of wrongdoing.
If this offer is acceptable to you, please sign and return the enclosed settlement agreement
to Newegg. Upon Newegg’s receipt of the signed settlement agreement, Newegg will issue you a
Newegg Gift Card in the amount of $50.00.
Should you have any questions, please feel free to contact Newegg Customer Service at
(800) 390-1119.
Kindest regards,
2
SETTLEMENT AGREEMENT AND RELEASE
1. Parties. This Settlement Agreement and Release (the “Agreement") is entered into as of
November 15, 2019 (the “Effective Date”), by and between Santiago Wingeyer (the “Customer”), and
Newegg International Inc. (“Newegg”). The Customer and Newegg may be referred to herein individually
as “Party” and collectively as the “Parties”.
2. Recitals.
2.1. On or around October 23, 2019, the Customer placed several orders through Newegg,
including, but not limited to Newegg sales order numbers 274843349, 291309099, 274833509, 274833249,
and 274833009 (collectively referred to as the “Orders”), which were voided by Newegg due to a pricing
error.
2.2. The Customer claims that Newegg is obligated to fulfill the Orders under the applicable
law for Argentina.
2.3. It is now the intention of the Parties to the Agreement to resolve, settle and dispose of, fully
and completely, without further dispute or litigation, any and all claims, demands, actions, obligations,
expenses, liabilities, personal injuries, damages, attorneys’ fees, court costs and causes of action that the
Customer may now or hereafter have against Newegg, whether (i) past, present or in the future, (ii) known
or unknown, and (iii) discoverable or undiscoverable in nature, which directly or indirectly in any way
relate to, or arise out of the Orders (collectively, all items set out in this Section 2.3 are herein referred to
as the “Claims”).
Now, therefore, in consideration of the mutual promises, covenants, releases and considerations set
forth herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged,
the Parties hereto agree as follows:
3. AGREEMENT.
3.1. No later than ten (10) business days after the Customer delivers a signed copy of the
Agreement to Newegg, Newegg will issue a Newegg Gift Card to the Customer in the total amount of Fifty
Dollars and Zero Cents (US $50.00) (the “Settlement Payment”).
3.2. Except as otherwise specified herein, each Party shall bear his, her or its own costs and
attorneys’ fees incurred in relation to the Claims, and in the preparation and performance of the Agreement.
3.3. The Customer will be solely liable for the payment of all federal, state/provincial, or local
taxes, if any, that may be assessed against him as a result of the Settlement Payment, and any other aspect
of the Agreement.
3.4. In consideration of the Settlement Payment and the mutual promises, covenants, releases
and other considerations set forth herein, the Customer on his own behalf and on behalf of all of his agents,
representatives, heirs, executors, wards, administrators, beneficiaries, attorneys, successors, assigns or co-
owners (each a “Related Party”), releases all claims, actions, causes of action, suits, debts, sums of money,
accounts, covenants, contracts, agreements, representations, warranties, damages, injuries, liabilities and
demands whatsoever, whether known or unknown, contingent or fixed, legal or equitable, liquidated or
unliquidated, that the Customer ever had, now has or hereafter can, shall or may have, arising by reason of
any matter, cause or thing whatsoever from the beginning of the world to the Effective Date, against
Newegg and its respective parent companies, subsidiaries, affiliates, employees, officers, directors, agents,
3.5. The Customer expressly waives the provision of any law providing that a release does not
extend to claims that the releasing party does not know of at the time of executing the release. To the extent
permitted by law, regulation, guide or code, the Customer expressly waives and assumes the risk of any
and all claims that exist as of the Effective Date, but which he does not know or suspect to exist in his favor,
whether through ignorance, oversight, error, negligence or otherwise, and which, if known, would
materially affect his decision to enter into the Agreement. The Customer understand that his releases will
prevent him from making any further claim against Newegg and any other Releasees pertaining to the
Claims and the Orders, as well as any person who is a beneficiary of the release, even for damages not now
known to exist, and even if the extent of damage may actually be greater than the Customer now understands
it to be. The Agreement has been negotiated and entered into with knowledge that such risks exist and are
assumed by the Parties. Further, the Customer hereby expressly waives the provisions of section 1542 of
the Civil Code of the State of California with respect to the Claims and the Purchases, and the Customer
acknowledges that said section provides the following:
“A general release does not extend to claims which the creditor does not know or suspect to
exist in his favor at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor.”
3.6. The Parties expressly acknowledge and agree that neither the Agreement, nor any action
taken pursuant thereto, constitutes nor shall be construed to constitute, any admission of fault or liability of
any kind whatsoever on the part of any of the persons or entities hereby released. The Parties agree that
Newegg and the other Releasees do not admit any liability of any kind to the Customer or any other person,
and that Newegg and the other Releasees specifically deny that Newegg’s conduct or that of any other
Releasees was improper or caused the Customer any injuries and/or damages.
3.7. The Customer agrees that neither he, nor any Related Party of the Customer, will initiate
or cause to be initiated, or maintain or cause to be maintained, directly or indirectly, against Newegg or any
other Releasees, any lawsuit, action, third-party complaint, administrative complaint, regulatory complaint,
compliance review, grievance proceeding, investigation or proceeding of any kind, or participate in same
individually or as a representative or a member of a class, pertaining to any claims occurring on or before
the Effective Date, whether known to the Parties at the time of execution of the Agreement or not. The
Customer further agrees that he shall not present to any insurance company or carrier any claim for
insurance proceeds based upon the Claims.
3.8. The Agreement, including this section, may be modified only by written agreement signed
by each and all of the Parties hereto.
3.9. The Agreement shall be governed, construed and enforced in accordance with the laws of
the State of California.
3.11. The Customer acknowledges that he has been advised to have the Agreement reviewed by
an independent attorney of his own choosing, and all of the Parties have had an opportunity to participate
in the drafting of the Agreement. Therefore, the rule of construction wherein ambiguities are construed
against the drafter is not applicable to the Agreement.
3.12. At any time, upon request by any of the Parties hereto, each of the other parties shall
perform any additional acts, and execute any additional documents, that may be necessary or appropriate
to fully carry out the intent of the Agreement.
3.13. If any proceeding (including, without limitation, any appeal) is brought for the
enforcement, interpretation, modification, or termination of the Agreement, the prevailing party or parties
shall be entitled to recover from the non-prevailing party or parties his, her or its actual attorneys’ fees and
costs incurred in addition to any other costs or relief to which the prevailing party or parties may be entitled.
3.14. The Agreement constitutes the entire, integrated agreement among the Parties and
supersedes and replaces all prior meetings, negotiations, arrangements, understandings, or proposed
agreements between the Parties, whether written or oral. The Parties, and each of them, acknowledge that
they have not executed the Agreement in reliance on any promise, representation or warranty not contained
herein.
3.16. The Customer and Newegg agree that this Agreement shall be entered into in the English
language and interpreted in English.
BE SURE YOU HAVE READ AND FULLY UNDERSTAND THIS DOCUMENT BEFORE SIGNING
BECAUSE IT WILL AFFECT YOUR LEGAL RIGHTS.
By: ______________________
Name: ____________________
Title: _____________________
By: ______________________
Name: ____________________
Title: _____________________