Terms of Purchase
Terms for Purchase for the website coloud.com//co_us_en
Products available for purchase from the Website are intended for non-commercial use only and by placing an order you confirm that you are a consumer.
The inclusion of any products or services on the Website at a particular time does not imply or warrant that such products or services will be available at all times. COLOUD reserves the right to discontinue any product at any time.
COLOUD reserves the right to amend these Terms for Purchase from time to time without prior notice to you. The Terms for Purchase that will apply to your order will be those on the Website at the time you place your order.
Orders, deliveries, prices and delivery charges
You place your order through the system provided on the Website. COLOUD reserves the right to refuse any order you place with COLOUD. COLOUD may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that COLOUD make a change to or cancel an order, COLOUD may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. COLOUD reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You understand that your content (not including credit card information), may be transferred unencrypted and involve both transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that COLOUD can complete your transactions and contact you as needed.
Once you have placed your order you will receive an order confirmation by an e-mail from COLOUD. Please note that for the safe delivery of any order you must state a correct delivery address and contact details (no P.O. boxes – since the courier requires a signature upon delivery).
The delivery address is to be an address where you can be reached during ordinary business hours - Monday through Friday. COLOUD is not responsible for any costs related to you providing COLOUD with an incorrect address or contact details, or an address where you cannot be reached during ordinary business hours - Monday through Friday.
It is not possible to redirect an order once it has been made.
All orders are shipped from COLOUD’ warehouse.
COLOUD exercises the utmost diligence in accepting and processing orders and will endeavour to deliver your order in accordance with your selected delivery option. Unfortunately COLOUD may be unable to deliver to certain countries and/or regions, in which case you will be informed thereof either when placing an order or thereafter.
COLOUD endeavours to dispatch orders in the fastest possible time and aims to deliver the products within 4 to 6 working days following confirmation of an order. Though COLOUD aims to deliver within the communicated time frame, delivery may take longer due to unexpected events. In the unlikely event the delivery time exceeds 30 days, you may cancel your order.
Once your order is ready to be shipped from COLOUD’ warehouse you will receive the shipping information through an e-mail from COLOUD, which e-mail will also contain the name of the courier and a tracking ID.
If your order does not arrive by the scheduled date, please contact courier’s customer support with the provided tracking number in your order confirmation. If you have not received any tracking number please contact COLOUD Customer Service via email email@example.com.
The prices displayed at the Website at check-out may include the statutory sales tax applicable to your destination state for sales within the USA. For orders for delivery outside of the USA, COLOUD does not collect VAT, GST, duties and/or taxes, etc. for the products (“Charges”), and COLOUD can therefore not state what your total price will be (including such Charges).
You as a customer are responsible for paying all Charges related to the products, as you are the importer of the products. If you refuse to pay such Charges, you will not receive the products.
For any uncollected products (e.g., due to incorrect address or contact details, or unsuccessful deliveries due to courier not being able to reach you, or non-payment of the Charges (if applicable)) you will be charged an administrative cost of US$40.00, however not exceeding the total order value. Orders for uncollected products will automatically be cancelled, and you will be refunded any exceeding amount.
The cost for each delivery method is clearly indicated during the check-out process. If COLOUD is unable to deliver your order in full and has to make more than one delivery, there will not be an additional charge for any subsequent deliveries.
If for any reason COLOUD is unable to fulfill your order, you will be informed thereof at the earliest opportunity. COLOUD will attempt to refund the applicable amount using the same method used to make the payment. If, for any reason, alternative arrangements are necessary, a representative from COLOUD will contact you to settle the refund.
Right to return
You have the right to return an order, in accordance with what is set forth below, within 14 days of receipt for any reason.
The return period will expire after 14 days from the day on which you receive the products. In case of an order for multiple products delivered separately, the return period will expire after 14 days from the day on which you receive the last product.
To return any portion of an order, you must notify COLOUD via email or regular mail of your decision to return an order by an unequivocal statement. Such notice shall be sent, if via e-mail, to firstname.lastname@example.org.
Effects of return
Promptly following notification as set forth above, you shall send back the product(s) to COLOUD, meaning the product(s) with its original packing, labels or tags, inserts, accessories, etc., to the address provided to you by you upon receipt or as otherwise notified by COLOUD’ Customer Service, without undue delay and in any event no later than 14 days from the day on which you sent notice to COLOUD. The deadline is met if you send back the products before the period of 14 days has expired. All products sent by you to COLOUD are at your risk and you will have to bear the direct cost of returning the products.
COLOUD shall reimburse you for all payments received from you, including the costs of delivery (with the exception of (1) the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by COLOUD and (2) what is set forth below related to diminished value of the returned products), without undue delay and in any event no later than 14 days from the day on which COLOUD has received the products. COLOUD will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.
You are liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the same. This means the products should not have been damaged, soiled, washed, altered or worn (other than to try the product on) and that any labels or tags should be intact.
Due to hygiene reasons, you have no right to return in-ear products, and their accessories, if such product’s packaging has been opened, meaning that COLOUD only accepts returns of unopened packages of in-ear products in their original packaging and condition.
Right of exchange
If you for any reason would like to exchange a product you just have purchased for another product at the Website, you are welcome to send COLOUD a notice thereof via email or regular mail. Such notice shall be sent, if via e-mail, to email@example.com. Such notice must be received by COLOUD no later than within 14 days from your receipt of the original product for you to be able to change the product.
Upon receipt of your notice COLOUD will contact you and provide you with details regarding how to exchange the product.
Please note that you are liable for any diminished value of the original product resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the same. This means the product should not have been damaged, soiled, washed, altered or worn (other than to try the product on) and that any labels or tags should be intact.
Due to hygiene reasons, you have no right to exchange of in-ear products, and their accessories, if such product’s packaging has been opened, meaning that COLOUD only accepts exchange of unopened packages of in-ear products in their original packaging and condition.
For exchange of products COLOUD will help you arrange return shipping of such products, COLOUD is not able to refund or compensate you for any costs incurred by arranging your own courier/shipping/postal service.
In case of any damages to a product or its packing upon delivery to you, COLOUD requires notification of such damage immediately upon receipt of the product. Please include in such notice information about the nature and extent of the damage, together with photographs of the damage of the product and/or its packing.
If so is requested by COLOUD you shall send back the product in question to COLOUD together with the courier’s original packing, the product’s original packing, labels or tags, inserts, accessories, etc., to the address provided to you by COLOUD’ Customer Service, without undue delay. COLOUD will help you arrange return shipping of such products, COLOUD is not able to refund or compensate you for any costs incurred by arranging your own courier/shipping/postal service.
You can pay for your products in the ways set out on the Website, at the time of your purchase. For such payments the terms for payment will apply.
For credit card or debit card
You can enter your payment details at the time you place your order using a valid credit or debit card (as accepted by COLOUD at the time of payment). COLOUD reserves the right to check the validity of the credit or debit card, its credit status in relation to the order value and whether the address data is correct. COLOUD may refuse orders depending on the result of these checks.
Please note that COLOUD does not accept cash or checks.
COLOUD is not responsible for indirect losses, which are a side effect of the main loss or damage, for example loss of profits or loss of opportunity. COLOUD is furthermore not responsible for any losses that are due to an event that is beyond COLOUD reasonable control, which includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident and terrorist activity.
COLOUD maximum liability to you for any loss or damage arising in connection with your order on the Website shall be limited to the total price of your order. Nothing in these Terms of Purchase shall exclude or limit COLOUD' liability with regard to any matter for which it would be unlawful for COLOUD to limit or exclude COLOUD’ liability.
Inaccuracies on the Website
COLOUD cannot guarantee that the content of the Website is free of inaccuracies or typographical errors at all times, nor can COLOUD guarantee that all the information is up-to-date. Although COLOUD strives to display the correct texts, images and pricing on the Website, errors may occur. COLOUD may at any time amend the content of the Website and reserves the right to cancel any order prior to dispatch should COLOUD find that the price is incorrect. In such case COLOUD will notify you by email and give you the option of placing a new order with the correct price or cancelling your order. If COLOUD are unable to contact you, your order will automatically be cancelled.
COLOUD makes all reasonable efforts to accurately display the attributes of the products, including composition and colors. However, the actual color you see will depend on your computer system and configuration, and COLOUD cannot guarantee that your computer will accurately display such colors.
COLOUD has presented a warranty for the products, please see the Global Warranty.
EXCEPT FOR THE WARRANTY SET FORTH IN THE PRECEDING PARAGRAPH, COLOUD MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS, INCLUDING ANY (1) WARRANTY OF MERCHANTABILITY; (2) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (3) WARRANTY OF TITLE; (4) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
COLOUD shall not be liable for a breach of the warranty set forth in this Section unless: (1) you provide written notice of the defect, reasonably described, to COLOUD within thirty days of the time when you discover or ought to have discovered the defect; (2) COLOUD is given a reasonable opportunity after receiving the notice to examine such products and you (if requested to do so by COLOUD) return such products to COLOUD’s place of business at COLOUD’s cost for the examination to take place there; and (3) COLOUD reasonably verifies your claim that the products are defective.
COLOUD shall not be liable for a breach of the warranty set forth in this Section if: (1) you make any further use of such products after giving such notice; (2i) the defect arises because you failed to follow COLOUD’s oral or written instructions as to the storage, installation, use or maintenance of the products; or (3) you alter or repair such products without the prior written consent of COLOUD.
Subject to the limitations set forth above, with respect to any such products during the Warranty Period, COLOUD shall, in its sole discretion, either: (1) repair or replace such products (or the defective part) or (2) credit or refund the price of such products at the pro rata contract rate provided that, if COLOUD so requests, you shall, at COLOUD’ expense, return such products to COLOUD.
THE REMEDIES SET FORTH IN THIS SECTION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AND COLOUD’ ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH ABOVE.
COLOUD reserves the right to assign or pledge to third parties any claim(s) for payment including any payment instalments that have arisen in connection with the delivery of products.
Jurisdiction and Governing Law
COLOUD controls this Website from its offices in New York, USA. COLOUD does not imply that the materials published on this Website are appropriate for use outside of the USA. If you access this Website from outside of the USA, you do so on your own initiative and you are responsible for compliance with local laws.
These Terms of Purchase and all other transactions between the parties, shall be governed and construed in accordance with the laws of the State of New York, without giving effect to its choice or conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Purchase, your order and purchase of products from COLOUD through this Website, and all other transactions between the parties, shall be filed only in a court of the State of New York or in a federal court sitting in the State of New York, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Purchase, your order and purchase of products from COLOUD through this Website, and all other transactions between the parties.
In the event that any provision of these Terms of Purchase is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Purchase, such determination shall not affect the validity and enforceability of any other remaining provisions.
Zound Industries USA Inc
260 W 39th Street, Ste 201 New York
New York US 10018