Terms and Conditions for the Online Sale of Goods and Services
1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH KLIPSCH GROUP, INC., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these "Terms") apply to the purchase and sale of products and services through WWW.KLIPSCH.COM (the "Site"). These Terms are subject to change by KLIPSCH GROUP, INC. (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
2. Order Acceptance and Cancellation.
Once a product is added to your cart, you can change or delete the quantity, continue shopping, or proceed to checkout. There is no obligation to buy any item in your cart. When you’re ready to place your order, access your cart and click Checkout.
Note that some products are listed as shipped and sold as “each” so you must enter quantity “2” for a pair. If you haven’t done so already you may be asked to “Log In” or register for an account. To complete the process enter your billing and shipping information. For your protection, the billing address and shipping address must be in the same state, and the billing address must match the one your credit card company has on file. Choose your shipping method, then choose your payment option, and click “Continue Checkout.”
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. In particular, and without limitation to any other rights we have to reject an order, we maintain the right to reject any custom order request that Klipsch determines, in its sole discretion, compromises the integrity of the Klipsch brand or is otherwise inappropriate.
After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between KLIPSCH GROUP, INC. and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by calling our Customer Service Department at 800-554-7724.
If, for any reason, we are unable to timely fulfill an order that we have accepted, your sole remedy, as further detailed in Section 7 of these terms, shall be a refund of the amount that you paid for the applicable product(s) or service(s) that we were unable to timely fulfill.
3. Prices and Payment Terms.
(a) All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices may not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Visa, MasterCard, Discover, and American Express for all purchases. We do not accept bank issued gift cards. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
(c) Donations made during checkout are non-refundable, notwithstanding the return of the purchased merchandise. The donation may appear on your payment statement as a separate charge from the purchase of your merchandise. The designated charity is subject to change without prior written notice at any time, in our sole discretion.
4. Shipments; Delivery; Title and Risk of Loss.
(a) We will arrange for shipment of the products to you. Please check the individual product page for potential delivery options and select your chosen option during the checkout process if multiple options are listed. We do not ship to P.O. Boxes, APO or FPO addresses. You will pay all shipping and handling charges specified during the ordering process. From time to time, in our discretion, and as specified during promotions or within the order process, we may offer free shipping options for select products. Products that we do not explicitly include in such offer, and warranty parts which are not considered finished products, may not be included in any such offer of free shipping. Unless otherwise specifically stated during the checkout process, warranty parts are subject to shipping charges. Expedited shipping may be made available, as specified during the checkout process, at the additional cost specified.
(b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. Please note that Heritage products are built to order with cabinetry handmade in the United States at our Hope, Arkansas manufacturing facility. Consequently, please allow up to four (4) weeks for delivery, although your order may be ready sooner or later, depending on volume and availability.
5. Returns and Refunds. Except for any products designated on the Site as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 90 days of shipment and provided such products are returned in their original condition in original packaging. Products otherwise returned pursuant to this process except not in original packaging will be assessed a 15% restocking fee as a condition to our acceptance of the return. To return products, you must first obtain a Return Merchandise Authorization ("RMA"), which you can generate from Klipsch Guest Checkout, and include it with your return. No returns of any type will be accepted without an RMA. Other than returns for non-compliance with the applicable product warranty, we will determine in our discretion whether to accept any returns dispatched after 90 days from the shipment date. Any returns that we determine to accept after 90 days from the shipment date will be assessed a 15% restocking fee.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
Refunds are generally processed within fifteen (15) business days of our receipt of your returned merchandise in the absence of a dispute or any unusual circumstance. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
6. LIMITED WARRANTY.
OUR LIMITED PRODUCT WARRANTIES, WHICH VARY PER CATEGORY OF PRODUCT, GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. SUCH LIMITED WARRANTIES CAN ALSO BE FOUND IN THE WARRANTY SECTION FOR THE APPLICABLE PRODUCT CATEGORY VIA WWW.KLIPSCH.COM/POLICIES AND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS.
(a) How Do You Obtain Warranty Service?
To obtain warranty service, you must call 800-554-7724 or submit a ticket via support.klipsch.com.
(b) Limitation of Liability Regarding Product Warranty
THE REMEDIES DESCRIBED IN THE APPLICABLE PRODUCT LIMITED WARRANTY ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND STATE OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF SUCH LIMITED WARRANTY.
7. General Limitation of Liability.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY, SHALL BE LIMITED TO A REFUND OF THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES THAT YOU HAVE ORDERED THROUGH OUR SITE.
The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.
8. Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Administration Act of 1979 (50 U.S.C. 2401-2410), the Export Administration Regulations promulgated thereunder (15 C.F.R. 768-799), the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, "Export Regulations").
Note to International Klipsch enthusiasts: Direct sales via Klipsch.com are offered only to U.S. customers (excluding Puerto Rico). Klipsch.com does not ship outside of the United States or to P.O. Boxes, APO, or FPO addresses. If outside the United States, please contact the Klipsch distributor servicing your country.
10. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
11. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Indiana.
12. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
13. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of KLIPSCH GROUP, INC.
14. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier or registered or certified mail to Klipsch Group, Inc, Attention: Legal Department, 3502 Woodview Trace, Suite 200, Indianapolis, Indiana 46268. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
16. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.