Terms of Sale for Glydsphere Products
Last updated: October 2021
Welcome to our Website’s online store (the “Store”), provided by Space Gravity GmbH or its authorized designee (“Space Gravity,” “we,” “us,” or “our”). Your purchase of certain audio speakers or related items or products (each, a “Product”) from the Store constitutes your agreement to be bound by these Terms of Sale for Glydsphere Products (“Terms of Sale” or “Terms”) and any additional, related terms and conditions that we provide. Certain of the Products may, among other potential uses, be used with the Glydsphere mobile applications (“Apps”).
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS WITH RESPECT TO THE PURCHASE OF GLYDSPHERE PRODUCTS. THE ACCEPTANCE OF THESE TERMS ARE A CONDITION OF YOUR MAKING AN OFFER TO BUY OUR PRODUCTS AND IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ORDER / KEEP THE PRODUCT.
THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FOR A PRODUCT, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS OF SALE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS OF SALE. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO PURCHASE AND USE THE PRODUCTS AND TO ENTER INTO SUCH AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS OF SALE, YOU SHOULD NOT PURCHASE THE PRODUCTS.
We reserve the right to change these Terms of Sale at any time, so please review the Terms of Sale each time prior to making a purchase from the Store. Every time you order Products from us, the Terms of Sale in force at that time will apply between you and us.
The Store is for retail sales to private consumers only.
The disclaimers, exclusions, and limitations of liability under these Terms of Sale will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other applicable consumer rights.
Although the Store is accessible worldwide, the Products offered on the Store are not designed for use in all countries. If you choose to access the Store and/or use the Products, you do so on your own initiative, and you are solely responsible for complying with applicable local laws in your country. To the extent permissible by law, we accept no responsibility or liability for any damage or loss caused by your access or use of the Store or the Products.
You acknowledge that you have verified the compatibility of the Products with your automobile. You are solely responsible for determining the compatibility of the Products with your automobile, and you accept that lack of compatibility is not a valid claim under the warranty provided with your Products.
We may accept your offer to purchase Products, subject to these Terms of Sale. At that time, we or our designated fulfillment provider will capture payment on the payment card you provide and ship your Product. We may obtain an additional authorization from your payment card company to confirm necessary funds are available to purchase the Products requested.
We reserve the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order.
By providing a payment card (e.g., credit card) or other payment method accepted by us, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. To the extent we provide a means to do so, in the event you want to change or update payment information associated with your account, you can do so at any time by logging into your account and editing your payment information.
4. Availability and Pricing.
All Products offered on the Store are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue offering certain Products without prior notice. Prices for the Products are subject to change at any time, but changes will not affect any order for Products you have already placed.
5. Sales Tax.
We may charge sales tax in accordance with applicable laws.
6. Resale and Title Transfer.
Purchases made on the Store are intended for end users only and are not authorized for resale. Title for Products purchased from the Store passes to the purchaser at the time of delivery by us to the carrier.
7. Shipping and Delivery.
Our delivery charges (if any) and shipping methods are as described on our Website or Store from time to time. Unless otherwise indicated on our Website or Store or in our order confirmation to you, we intend to ship any product within 60 days of our receipt of your valid order. We will attempt to contact you in the event we cannot ship your product within the intended timeframe. The estimated arrival or delivery date is not a guaranteed delivery date for your order. Refused deliveries will be returned to our warehouse. It may take up to 45 days for the returned items to be identified as refused and processed for a refund.
You are responsible for complying with all applicable laws and regulations of the country for which the Product is destined. We are not liable or responsible if you break any such law.
There may be laws in your jurisdiction applicable to where and how to install that Product. You should check that you are in compliance with all relevant laws in your jurisdiction. We are not responsible for any injury or damage caused by self-installation.
9. Returns for Refund.
If, for any reason, you want to return the Product you purchased from the Store for a refund, you must return it to us and we must have received such return no later than 30 days following the date you received the item (the “Cancellation Period”), and such return shipment to us must be accompanied by a correctly completed form of return materials authorization or the like (“RMA”). To do so, you should use the form of RMA that is included within the box or other container in which the Product was initially shipped to you.
If not already indicated on the form of RMA, you should write on the RMA the date when you ordered the Product, and (although it will not affect your right to a refund) you may also indicate your reason for returning the Product.
The RMA will indicate the address to which you should return the Product. Unless the Product is faulty or not as described, you will be responsible for all costs associated with returning the Product to us (including de-installation and the cost of shipping the Product back to us).
The Product is not eligible for a refund if the above steps have not occurred by the last date of the Cancellation Period.
We will refund the price you paid for the Product plus original delivery cost (if any and up to the value of our lowest cost delivery option). We may reduce the amount of your refund to reflect any reduction in the value of the Product, as determined in our sole discretion, caused by your handling it in a way which goes beyond what is necessary to establish its nature, characteristics, and functioning (e.g., beyond what would normally be permitted in an in-person physical shop). We will process the refund due to you as soon as possible and, in any case, within 30 days from the date of receipt by us of the returned Product.
10. Warranties and Disclaimers.
In addition to these Terms of Sale, the purchase of the Products are subject to the Limited Warranty provided with the respective Products and/or posted on the Website. ALL PRODUCTS PURCHASED THROUGH THE STORE ARE PROVIDED ON AN “AS-IS” BASIS, UNLESS OTHERWISE NOTED IN THE Limited Warranty INCLUDED WITH A PRODUCT. With respect to Glydsphere Products and any recovery under these Terms of Sale or the Limited Warranty , you may not recover twice in respect of the same Product.
Your use of Products is at your own discretion and risk. You will be solely responsible for (and we disclaim) any and all loss, liability, or damages resulting from your use of a Product, including damage or loss to your automobile or other equipment or peripherals connected to a Product.
The Products are in no way intended or warranted to meet or satisfy the requirements of any applicable law, regulation, or safety standard regarding the type, pitch, quality, or volume of sound that may be required to be emitted from electric or hybrid vehicles during operation (such as an acoustic vehicle alerting system, warning mechanism, or otherwise).
11. Limitations of Liability.
Nothing in these Terms of Sale and in particular within this “Limitation of Liability” section shall attempt to exclude or limit liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, (a) IN NO EVENT WILL WE (OR OUR SUPPLIERS OR LICENSORS) BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (b) IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO US (OR OUR AUTHORIZED DESIGNEE) FOR THE PRODUCT AT ISSUE. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. WE DISCLAIM ALL LIABILITY OF ANY KIND OF OUR SUPPLIERS AND LICENSORS. THE FOREGOING DISCLAIMERS, WAIVERS, AND LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
12. Force Majeure.
Notwithstanding any other provision of these Terms of Sale, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control.
13. Injunctive Relief.
You agree that your breach or threatened breach of these Terms of Sale will cause us irreparable injury for which recovery of monetary damages would be inadequate and that we, therefore, may obtain timely injunctive relief to protect our rights under these Terms of Sale in addition to any and all other remedies available to us at law or in equity.
14. Governing Law; Jurisdiction.
These Terms of Sale are governed by the laws of the State of Ohio and applicable federal laws of the United States of America, without giving effect to conflict of laws principles. Subject to the below Dispute Resolution provisions and for any disputes not otherwise subject to arbitration, you irrevocably consent to the exclusive jurisdiction of the federal and state courts situated in or for Columbus, Ohio, USA, for purposes of any legal action arising out of or related to these Terms of Sale or use of the Products.
15. Dispute Resolution.
PLEASE READ THIS SECTION CAREFULLY. YOU AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.
You must contact us within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute, or you waive the right to pursue any claim based upon such event, facts, or dispute.
Any civil action, claim, dispute, or proceeding arising out of or relating to these Terms of Sale or access to or use of the Products will be resolved exclusively through final and binding arbitration, before a single arbitrator, rather than in court (except as provided in Section 13). Except as provided in Section 13, the arbitrator – and not any federal, state, or local court or agency – will have exclusive authority to resolve any dispute arising out of these Terms of Sale or access to or use of the Products and/or related services and to arbitrate any part of these Terms of Sale, including any claim that all or any part of this section or these Terms of Sale is void or voidable.
The arbitration will be conducted by the American Arbitration Association (the “AAA”) exclusively in Columbus, Ohio, USA, under the AAA’s rules and procedures, as modified by this section and conducted in the English language. The AAA’s rules and a form for initiating arbitration proceedings are available at www.adr.org .
You and we will select the arbitrator, and, if you and we are unable to reach agreement on selection of the arbitrator within 30 days after the notice of arbitration is served, then the AAA will select the arbitrator. Arbitration will not commence until the party requesting arbitration has deposited such fees and costs as required by the AAA for arbitration of the type of claim brought by the person requesting arbitration. The party requesting arbitration will advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Agreement to these Terms of Sale constitutes an agreement to pursue your claim on an individual basis and a waiver of the ability to pursue your claim in a class or representative action (or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf the general public). If a dispute is arbitrated, you give up your right to participate as a class representative or class member on any class claim you may have against us, including any right to class arbitration or any consolidation of individual arbitrations.
The arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of Ohio, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. Judgment upon any award rendered by the arbitrator is final, binding, and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may only be entered in the state or federal courts of record in or for Columbus, Ohio, USA.
If you do not wish to be bound by arbitration and waive your rights to participate in a class action, you must notify us in writing within thirty (30) days of the date that you obtain the Product and include: (i) your name, (ii) your account number (if any), (iii) your mailing address, and (iv) a statement that you do not wish to resolve disputes with us through arbitration. You must send your notice to us at: email@example.com. If you do not notify us, you agree to be bound by the arbitration provisions and the class-action waiver provisions herein.
If you have any questions regarding these Terms of Sale, you can contact us at: firstname.lastname@example.org