Terms & Conditions
Please read these Terms and Conditions of Sale (the “Terms”) carefully because they govern the purchase of any products (“Products”) you buy and or order from TheTouch X s.r.o. (“TheTouch” “us” or “we”).
All mentions of “sell” and “purchase” in these Terms, mean “sell” and “purchase” only with respect to the non-software elements of the Product. Any software installed in our Products is licensed to you, not sold. You may only use this software for its normal, intended use with our Products and in accordance with the Software License section below. These Terms apply whether or not they are included with the Products sold hereunder.
1. Ordering Products
If you want to purchase Products from us, simply click on the “pre-order now” button and follow the directions on-screen. Once you place your order, we’ll email you with an order confirmation (“Order Confirmation”) that indicates that we have accepted your order. We’re not bound to sell you any Product until we have accepted and processed your payment. All orders are subject to acceptance and availability at our sole discretion. Our acceptance of your order is expressly conditioned on your unconditional acceptance of these Terms, even if you communicate with us otherwise, using other means. We do not accept any changes to or rejections of these Terms that you may communicate to us in any form and all such terms and conditions will be null and of no effect. The terms of our Warranty program apply to any purchase and are incorporated herein by reference.
You understand and agree that you assume all risk and liability, and we have no obligation or liability whatsoever to you or anyone else for any of the following (“Disclaimed Activities”):
• use of the Product other than in accordance with our published specifications;
• modifications, alterations, adjustments or repairs to the Product made by a party other than one we authorize;
• failure by you or a third party to comply with environmental and storage requirements for the Product specified by us, including, without limitation, temperature or humidity ranges;
• damage from external causes such as dirt, sand, battery leakage, power surges, or improper usage of any electrical source;
• use of the Product in combination with any third-party devices or products that we have not provided or recommended to you;
• any damage to property or persons caused by your use of the Product that is not caused by material defect, including your failure to understand the functionalities of the Product;
• leaving the Product in direct sunlight for long periods;
• attempting to charge the Product with any charger other than the one provided by us;
• attempting to affix anything to the Product;
• failing to make sure that any other person who uses the Product also complies with these terms and any other guidance we provide you, whether this guidance is included in writing with the Product or made available on our website;
• any continued use of the Product after you detect any material defect, including erratic responses to user input;
• any other improper use of the Product. The Products are not toys and improper operation may cause serious injury and property damage.
2. Order Cancellation
You may cancel your order any time before your purchased Product ships and, if your payment has already been processed, receive a full refund.
2.1. We retain right to cancel or suspend orders, if information provided by customer is false or misleading, as well as for other unauthorized or harmful activity.
3. Shipment and Delivery
We may provide a single shipping method and carrier, or multiple methods and carriers, for Product delivery, at our sole discretion. We will be responsible for all freight, packing, insurance and other shipping-related costs and expenses, and these will be noted on your order screen before you make your purchase. Once the Product is sent to the carrier, ownership of the Product and the risk of that Product’s loss passes to you.
When your order is dispatched you will receive an email notification with a tracking number. Use the tracking number to locate your parcel on the UPS website. Please note that you will not be able to track your order until the day after you receive your tracking information.
3.1. We currently ship to addresses only within following countries:
North America: Canada and United States including Hawaii, Alaska and Puerto Rico.
We do not deliver to the U.S. Virgin Islands, Guam, American Samoa, Micronesia, Marshall Islands, Northern Mariana Islands, and Palau.
Please note we do not deliver to Mexico, and South America.
Europe: EU countries including Switzerland, Norway, Iceland, Liechtenstein.
We do not deliver to Albania, Belarus, Bosnia & Herzegovena, Kosovo, Macedonia, Moldova, Montenegro, Russia, Serbia, Ukraine.
Asia/Pacific: Australia, Hong Kong, Japan, Macau, New Zealand, South Korea.
Country limitation do not apply to orders set before 2 September 2016.
We do not ship to P.O. Boxes or freight forwarder addresses.
3.2. You understand that all scheduled Shipping Dates are estimates only. We’ll make reasonable efforts to meet the scheduled shipment dates, but in no event will we be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery, nor will the carrier be deemed our agent. We have the right to allocate our available inventory of the Products among other purchasers in such manner as we see fit. If we’re not able to charge your payment method or you fail to pay for your purchase, we have the right to delay or suspend shipment of the Products.
4. Prices and Taxes
The prices for the Products will be as specified during checkout and in your Order Confirmation. Prices are stated in U.S. dollars with a separate subtotal excluding sales tax for purchases made within the United States. You agree to pay the applicable sales tax relating to the Products you purchase from us. You are also responsible for any other taxes imposed by you in connection with your purchase and use of the Product. Orders within EU will not be subjected to taxes.
You agree to defend, indemnify, and hold TheTouch, its subsidiaries and affiliates, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to your violation of these Terms and your participation in Disclaimed Activities, or for liabilities, interest, penalties or fees assessed against us arising from any failure by you to pay any required taxes.
6. Limitations of Liability
SUBJECT TO OUR WARRANTY PROGRAM, THE PRODUCT IS PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE PRODUCT IS AT YOUR OWN RISK, AND IN NO EVENT WILL THETOUCH 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 THETOUCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU AND THETOUCH 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 THETOUCH'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 THETOUCH 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.
7. Software License
8. General Terms
These Terms constitute the entire and exclusive understanding and agreement between TheTouch and you regarding the purchase of the Product, and these Terms supersede and replace any and all prior oral or written understandings or agreements between TheTouch and you regarding such a purchase. 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.
You may not assign or transfer these Terms, by operation of law or otherwise, without TheTouch's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. TheTouch may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by TheTouch under these Terms, including those regarding modifications to these Terms, will be given: (I) via email; or (II) by posting to the www.thetouchx.com. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
TheTouch's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of TheTouch Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms, please contact us.
Last updated 20 Mar 2017.