By using hypersoundhearing.com(the “Site”) to place an order for the HyperSound Clear™ products offered on the Site (the “Products”), you accept and agree without modification to these Purchase Terms and Conditions (the “Purchase Terms and Conditions”). Turtle Beach Corporation (referred to herein as “Turtle Beach,” “we,” “us” or “our”) reserves the right to change these Purchase Terms and Conditions without prior written notice and at the sole discretion of Turtle Beach. The Purchase Terms and Conditions were most recently updated in January, 2016.
PURCHASE TERMS AND CONDITIONS
Our business hours are from 9:00 AM to 8:00 PM ET, Monday through Friday.
We observe all US national holidays.
SUBMITTING YOUR ORDER
Before you submit your order please verify that all the information you entered is correct. If you make a mistake entering your email address, your confirmation email, which contains valuable purchase information such as your order number, will be delivered to the incorrect email address. Double check your information before you submit your order.
Because of the quick turnaround times with which we ship orders, we cannot change orders after they have been submitted. If you wish to make changes to the delivery destination, you must contact the shipping vendor directly.
Within minutes after your order is submitted, you should receive a confirmation email with your order number. You must save this confirmation email for your records. Make sure that you do not have any anti-spamming, filtering or blocking software enabled, as this may prevent you from receiving a reply.
Please note that we reserve the right to refuse to process any order.
Prices listed on the Site are payable in U.S. dollars. Prices and specifications of all Products may change without notice. Separate charges for shipping and handling and/or taxes will be shown on the checkout page, confirmation email and/or invoice. You should always check that the final price and selected Product are correct before completing your order.
Turtle Beach is obligated to collect sales tax for purchases delivered to customers located within the states of Illinois, California, Minnesota, Mississippi, New Jersey, Texas and Massachusetts. Unless you provide a valid and correct re-sale certificate applicable to the Product’s shipping location prior to Turtle Beach’s acceptance of the order, you are responsible for all sales and other taxes associated with the order.
Purchases made on this Site are intended for end users only. Products sold on this Site are not authorized for resale.
Our policy is to implement Product updates, improvements and/or revisions as we, in our sole discretion, deem necessary. Accordingly, we reserve the right to, without liability or prior notice, revise or discontinue Products at any time.
We accept the following credit cards: Mastercard, Visa, Discover and American Express. For transaction security purposes, we may require additional information about your credit card account. Payments made by credit card are subject to the approval of the financial institution issuing the credit card. Turtle Beach shall not be liable in any way if such financial institution refuses to accept or honor a credit card for any reason. If authorization cannot be obtained for your credit card at the time of shipment, you will need to make arrangements for an alternate form of payment.
The shipping choices available from our Site’s online store are estimates and do not guarantee the date of delivery. Your package will be processed using the selected shipping method, typically within one business day of your order being been approved (depending on Product availability and the time of day your order is submitted).
In order to avoid any additional return shipping charges, make sure that a household member is there to receive your package.
We do not ship outside of the United States of America and certain of its foreign territories.
Orders that were already processed by our shipping department cannot be cancelled unless the Product is unavailable, and if you wish to return the Product you are responsible for all additional shipping charges to and from Turtle Beach, as well as restocking and/or transaction processing fees.
New Products purchased through this Site may be returned for a refund within 14 days after the delivery date. Following this period, we will only exchange Products that are determined to be defective or damaged in accordance with the Limited Warranty Policy described below.
To request a refund within the 14-day return period, please contact us at 1-888-496-8001. A customer service representative will apprise you of your return eligibility and/or any additional action(s) that must be taken. You may then be issued a Return Merchandise Authorization (“RMA”) number that will be emailed to you with further instructions.
You must ship the merchandise back to Turtle Beach at your expense with the RMA information included inside the box, and the RMA number must be clearly marked on the outside of the packaging. Include the packing slip and a copy of the order in the package. Packages without a valid RMA number are refused by our receiving department and returned to sender at the sender’s expense. We must receive the return within 20 days after you receive your RMA number. The RMA number will expire on the 21st day after it was issued, at which time any returned Product will be refused.
Please ship the Product back to us via a traceable method.
Our warranty refers to the repair or replacement of a defective product during the warranty period and not a refund. For a description of our warranty policy, please see the warranty policies described on our Site.
EXCEPT AS SET FORTH HEREIN, THERE ARE NO ADDITIONAL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS. WE EXPRESSLY EXCLUDE AND DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT AND ANY WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE, APPLICATION OR USE.
Turtle Beach makes no warranties that our Products will function as expected in unconventional or problematic system configurations. Likewise, Turtle Beach does not provide any guarantees for compatibility with third-party products.
CLAIMS FOR DAMAGES
Claims for damages or errors must be made within 5 days of receipt. Claims for damages must first be reported to the delivering carrier (save all packing and cartons). We are not responsible for any damage to any third-party products connected to our Products.
IN NO EVENT SHALL TURTLE BEACH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OF USE, ANY THIRD PARTY CLAIMS AND ANY INJURY TO PROPERTY OR BODILY INJURY (INCLUDING DEATH) TO ANY PERSON, WHETHER ARISING FROM OR RELATING TO THE USE OF OR INABILITY TO USE THE PRODUCTS, AND WHETHER SUCH DAMAGES ARE SOUGHT IN CONTRACT, TORT OR OTHERWISE, EVEN IF TURTLE BEACH HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES.
CHOICE OF LAW AND VENUE
To the maximum extent permitted by law, these Purchase Terms and Conditions are governed by the laws of the state of New York, without giving effect to any choice or conflict of law provision or rule that would cause the application of laws of any jurisdiction other than those of the state of New York, and you hereby consent to the exclusive jurisdiction and venue of the federal courts located in the Southern District of New York in all disputes arising out of or relating to these Purchase Terms and Conditions.
The headings in these Purchase Terms and Conditions are for convenience only and shall not affect the meaning or interpretation of these Purchase Terms and Conditions.
These Purchase Terms and Conditions represent the terms and conditions of purchase and supersede all other agreements, written or verbal, between Turtle Beach and you regarding purchases placed through our Site.
Failure of Turtle Beach to exercise or enforce any right or provision of these Purchase Terms and Conditions shall not constitute a waiver of such right or provision.