These terms of sale (“Terms”) apply to all orders accepted by Bond Touch, Inc. (“Bond Touch”) for the sale of the Bond Touch bracelets and any accessories and related products (“Products”), except in the case that you and Bond Touch have executed a written agreement that supersedes these Terms. To the extent the Products contain or consist of software in any form (“Software”), such Software is licensed to you, not sold, and only in accordance with the section entitled “Software License”, below. Terms such as “sell” and “purchase”, as used in these Terms, apply only to the extent the Products consist of items other than Software.
- ORDERING FROM BOND-TOUCH.COM
By placing an order through the Bond Touch Store, you agree that: (a) any payment or shipping information supplied by you is true and complete; and (b) you will pay the applicable price listed, as well as any shipping and handling charges and applicable taxes. Products purchased by you are for personal or gift use and not for commercial use.
Bond Touch can withdraw Products from the Bond Touch Store at any time and for any reason. Prices listed through the Bond Touch Store are stated in U.S. dollars, and do not include any shipping and handling charges or applicable taxes, which charges and taxes will be communicated to you before you place an order and you are responsible for paying such charges and taxes to Bond Touch. You agree to indemnify and hold Bond Touch harmless from and against any liabilities, interest, penalties or fees assessed against Bond Touch arising from your failure to pay any such taxes. All Product prices are subject to change at any time.
ACCEPTANCE AND FULFILLMENT
All orders are subject to acceptance by Bond Touch. After you place an order, you will receive an email from Bond Touch confirming that Bond Touch has received it. Acceptance of your order will occur upon your receipt of another email from Bond Touch which will contain a shipping confirmation, tracking number, and carrier information. If an order is on back order, we will send you an email indicating that this is the case, followed by another email when the items in question are in stock which will contain a shipping confirmation, tracking number and carrier information. Bond Touch reserves the right not to accept your order for any reason or no reason. Bond Touch reserves the right to restrict multiple quantities of a Product being shipped to any one customer or postal address.
Purchases made through the Bond Touch Store are intended for end users only and are not authorized for resale.
SHIPPING AND DELIVERY
Bond Touch will pack the Products in accordance with its standard practices. You can choose the method of shipment and timing of delivery for Products ordered, and will be charged shipping and handling charges accordingly. Title to the Products (except to the extent that the Products consist of Software) and risk of loss will pass to you upon Bond Touch’s delivery of the Products to the carrier. You acknowledge that all scheduled shipment dates are estimates only. Bond Touch will make reasonable efforts to meet the scheduled shipment dates, but in no event will Bond Touch be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery.
2. RETURN POLICY AND LIMITED PRODUCT WARRANTY
Bond Touch will not accept any returns of Products and will not provide any exchanges or refunds of Products except in strict compliance with this Return Policy and Limited Product Warranty, including the terms of No-Questions-Asked Returns and Warranty Returns, all as described below.
TYPES OF RETURNS
Returns of a Product by you to Bond Touch may be either (a) No-Questions-Asked Returns (defined below), or (b) Warranty Returns (defined below) but cannot be both. Bond Touch reserves the right to treat a return of a Product as either a No-Questions-Asked Return or a Warranty Return in its sole discretion based on the Product’s condition upon receipt thereof. Bond Touch will reject any return of a Product that is not either a No-Questions-Asked Return or a Warranty Return and reserves the right to return such Product to you in its sole discretion.
You may return any Product to Bond Touch for any reason whatsoever regardless of the Product’s condition (a “No-Questions-Asked Return”) within twenty-one (21) days of the date of purchase (the “No-Questions-Asked Return Period”) if all of the following occurs: (a) a return authorization request is received by Bond Touch indicating that the return is a No-Questions-Asked Return; (b) the Product is returned to Bond Touch with all of its original packaging unopened and with its shrinkwrap intact; (c) the Product has not been used in any way; (d) the Product is placed for shipment to Bond Touch with the United States Postal Service, DPD, DHL, or any other delivery service authorized and designated by Bond Touch in its sole discretion from time to time (each of which is a “Shipper”); and (e) such Shipper issues a tracking number for the shipment to Bond Touch of the Product within the No-Questions-Asked Return Period. For valid No-Questions-Asked Returns, Bond Touch will refund the purchase price for the Product. Bond Touch will not accept any Product for a No-Questions-Asked Return beyond the No-Questions-Asked Return Period or that does not otherwise comply with the above terms. Bond Touch reserves the right to return a Product to you in its sole discretion for any No-Questions-Asked Return that does not comply with the above terms. By your shipment of a Product to Bond Touch for a No-Questions-Asked Return, you agree that Bond Touch may contact you if necessary to obtain further information regarding the Product.
Bond Touch warrants to the original purchaser that Products shall be free from defects in materials and workmanship under normal use (the “Limited Product Warranty”) for a period of one (1) year from the date of purchase, except that if you reside in the European Economic Area (EEA) and you purchased your Product in the EEA, the warranty period is two (2) years from the date of purchase (the “Warranty Period”). If such a defect arises, all of the following must occur prior to Bond Touch’s acceptance of a return of a defective Product for warranty service (a “Warranty Return”): (a) a return authorization request is is received by Bond Touch indicating that the return is a Warranty Return; (b) the defective Product is placed for shipment to Bond Touch with a Shipper; and (c) such Shipper issues a tracking number for the shipment to Bond Touch of the defective Product within the applicable Warranty Period., For valid Warranty Returns that are not found to be subject to any exclusion or limitation (as described below), Bond Touch will, at its option and to the extent permitted by law, either: (i) repair the Product at no charge, using new or refurbished replacement parts; (ii) replace the Product with a new or refurbished Product; or (iii) refund the purchase price for the Product. In the event of such a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. This Limited Product Warranty is valid only in the jurisdictions where the Products are sold by Bond Touch itself or through any authorized reseller or agent and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement Product will be warranted for the remainder of the original Warranty Period or thirty (30) days, whichever is longer, or for any additional period of time that may be required by applicable law By your shipment of a defective Product to Bond Touch for a Warranty Return, you agree that Bond Touch may contact you if necessary to obtain further information regarding the defective Product..
HOW TO OBTAIN WARRANTY SERVICE
To obtain warranty service, a return authorization must be requested from our customer service team. To request a return authorization, please contact us at [email protected]. The return authorization number must be included along with your returned Product. You must deliver the Product, in either its original packaging or packaging providing an equal degree of protection, to the address specified by Bond Touch. As may be required by applicable law, Bond Touch may require you to furnish proof of purchase details and/or comply with other requirements before receiving warranty service. It is your responsibility to back up any data, software, or other materials you may have stored or preserved in connection with the Product. It is likely that such data, software, or other materials will be lost or reformatted during warranty service, and Bond Touch will not be responsible for any such loss.
EXCLUSIONS AND LIMITATIONS
Bond Touch does not warrant that the operation of the Product will be uninterrupted or error-free. This Limited Product Warranty does not cover Software embedded in any Product (other than firmware for device components) or any related services. See the Terms of service for details of your rights with respect to use of the Software and related services.
This Limited Product Warranty applies only to the original purchaser of the Product that was purchased from the Bond Touch store, or an authorized reseller or sales channel, and manufactured by or for Bond Touch. Without limiting the foregoing, the Limited Product Warranty does not apply to any: (a) Bond Touch products and services other than the Products; (b) non-Bond Touch products, even if included or sold with a Product, including, without limitation, any counterfeit products; (c) Products that are, or Bond Touch reasonably believes to be, stolen; or (d) consumables (such as batteries or leather straps).
This Limited Product Warranty does not apply to a Product or part of a Product that has been serviced, altered, refurbished, or modified by anyone who is not authorized by Bond Touch, nor does it apply to any cosmetic damage such as scratches, dents, or improperly fitted leather straps. In addition, this Limited Product Warranty does not apply to damage or defects caused by: (i) use with non-Bond Touch products; (ii) accident, abuse, misuse, mishandling, flood, fire, earthquake or other external causes; (iii) normal wear and tear or aging of the Product such as discoloration or stretching; or (iv) operating the Product outside the permitted or intended uses described by Bond Touch or not in accordance with instructions provided by Bond Touch.
No Bond Touch reseller, distributor, agent or employee is authorized to make any modification, extension, or addition to this Limited Product Warranty. If any term contained herein is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) SHALL BE LIMITED IN DURATION TO THE DURATION OF THE LIMITED PRODUCT WARRANTY. Some jurisdictions do not allow limitations on the duration of an implied warranty, so the above limitation may not apply to you.
NATIONAL STATUTORY RIGHTS
CONSUMERS IN SOME JURISDICTIONS MAY HAVE LEGAL RIGHTS UNDER APPLICABLE NATIONAL LEGISLATION GOVERNING THE SALE OF CONSUMER GOODS, INCLUDING, WITHOUT LIMITATION, NATIONAL LAWS IMPLEMENTING EUROPEAN COMMISSION DIRECTIVE 99/44. THESE RIGHTS ARE NOT AFFECTED BY THE WARRANTIES IN THIS LIMITED WARRANTY.
You acknowledge that you have verified the compatibility of the Products you are purchasing with other required equipment and devices (e.g. ensuring that your mobile device and/or operating system is compatible with the Product). You are solely responsible for determining the compatibility of the Products with other equipment and devices, and you accept that lack of compatibility is not a valid claim under the Limited Product Warranty.
3. LIMITATIONS ON LIABILITY
IN NO EVENT WILL BOND TOUCH BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, USE, PROFITS, DATA, OR GOODWILL) OR COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS OR THE PURCHASE, SALE, USE, OPERATION, OR PERFORMANCE OF THE PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WHETHER OR NOT BOND TOUCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. BOND TOUCH AND YOU HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL BOND TOUCH’S LIABILITY TO YOU ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED THE ACTUAL AMOUNT PAID TO BOND TOUCH BY YOU FOR THE PRODUCT THAT GIVES RISE TO THE CLAIM. 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.
4. SOFTWARE LICENSE
Bond Touch grants to you a nonexclusive, nontransferable license to use the Software, in executable form, solely as embedded in the Products, solely for your internal, non-commercial use. You may not copy or modify the Software. You acknowledge that the Software contains trade secrets of Bond Touch, and, in order to protect such trade secrets, you agree not to disassemble, decompile or reverse engineer the Software nor permit any third party to do so, except to the extent such restrictions are prohibited by law. Bond Touch reserves all rights and licenses in and to the Software not expressly granted to you under this Agreement.
5. DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You agree that any dispute between you and Bond Touch arising out of or relating to these Terms, the Products, or any other Bond Touch products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
- Governing Law. Except as otherwise required by applicable law, the Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.
- Informal Dispute Resolution. We want to address your concerns without needing a formal legal case. Before filing a claim against Bond Touch, you agree to try to resolve the Dispute informally by contacting [email protected]. We will try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after your initial submission of the claim, you or Bond Touch may bring a formal proceeding.
- Agreement to Arbitrate. You and Bond Touch agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
- Opt-Out of Agreement to Arbitrate. You can decline this agreement to arbitrate by contacting [email protected] within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.
- Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, San Mateo County, California, or any other location we agree to.
- Arbitration Fees. The AAA rules will govern payment of all arbitration fees. Bond Touch will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
- Exceptions to Agreement to Arbitrate. Either you or Bond Touch may assert claims, if they qualify, in small claims court in San Mateo County, California, or any United States county where you live or work. Either party may bring legal action before any court, tribunal, or governmental agency solely for injunctive relief to stop unauthorized use or abuse of the Bond Touch Products or services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
- No Class Actions. You may only resolve Disputes with Bond Touch on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.
- Judicial Forum for Disputes. Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Bond Touch agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Mateo County, California. Both you and Bond Touch consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
- Limitation on Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Bond Touch Products or services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
6. GENERAL PROVISIONS
The parties disclaim application of the United Nations Convention on Contracts for the International Sale of Goods.
You may not assign or transfer these Terms, or any order accepted by Bond Touch hereunder, in whole or in part, by operation of law or otherwise, without Bond Touch’s express prior written consent. Any attempt to do so, without Bond Touch’s consent, will be null and of no effect. Bond Touch may freely assign these Terms.
Bond Touch will not be responsible for any failure or delay in its performance under these Terms due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riot, or acts of God.
The failure by Bond Touch to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
These Terms constitute the complete and exclusive agreement between Bond Touch and you regarding its subject matter and supersedes all prior or contemporaneous quotations, agreements, communications, or understandings, whether written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of these Terms will be effective only if in writing and approved by Bond Touch. Bond Touch reserves the right to amend these Terms without prior notice.
You will not export or re-export, directly or indirectly, the Products, or any technical information related thereto, or any direct products thereof, to any destination or person prohibited or restricted by the export control laws and regulations of the United States, without the prior authorization from the appropriate governmental authorities.
All notices required or permitted to be given under these Terms will be in writing and will be deemed given: (a) upon actual delivery, if made by personal service; (b) three (3) days after mailing, if made by U.S. certified or registered mail; and (c) one (1) business day after delivery to the courier or overnight delivery service, if made by courier or overnight delivery service. All notices will be addressed to such address as the party who is to receive the notice so designates by written notice to the other.