|1.1.||All sales of Mistral Audio products and services ("Products") to customers are subject to these Terms and Conditions of Sale ("Terms and Conditions"). Mistral is sometimes referred to herein as "we" and "us". The customer is sometimes referred to herein as "you". These Terms and Conditions and any and all terms set forth in the order confirmation issued by us to you indicating acceptance of your Order ("Order Confirmation") set forth the entire understanding and agreement between you and us, and supersede any and all oral or written agreements or understandings between you and us as to the subject matter of these Terms and Conditions. These Terms and Conditions may not be changed or altered in any way without our prior written consent.|
|2.1.||Consumer: A ("Consumer") shall mean any purchaser of the Product(s) who is the ultimate end-user for whom the Product is designed and who does not intend to resell the Product to a third party.|
|2.3.||Hardware: ("Hardware") shall mean any Mistral branded Product which is not Software, services or a download.|
|2.4.||Invoice: An ("Invoice") shall mean the invoice issued by us to you for the price of the Product(s).|
|2.5.||Intimate Object: An ("Intimate Object") shall mean any Product that can be inserted into the ear (e.g., in-ear headphones).|
|2.6.||Order: An ("Order") shall mean an order placed by you in accordance with these Terms and Conditions.|
|2.7.||Order Form: An ("Order Form") shall mean the electronic order form on the Web Site.|
|2.8.||Software: ("Software") shall mean any Product which is software including, without limitation, operating systems, bundled software, stand-alone software and downloadable software.|
|2.9.||Web Order Number: The ("Web Order Number") shall mean the order number issued by us to you.|
|2.10.||Web Site: The ("Web Site") shall mean our website for customers in the United States, the web address of which is www.mistralaudio.com.|
|3.1.||All Orders for Products are subject to acceptance by us. Acceptance of Orders is conditioned upon your agreement to these Terms and Conditions. Your placement of an Order manifests your assent to these Terms and Conditions. Terms imposing any different or additional obligations are expressly rejected. To place an Order, you must be eighteen (18) years of age or older, and you must be accessible via landline telephone. You may only place an Order using the Web Site. We will not accept Orders placed in any other way.
When you place your Order, we will issue you a Web Order Number. A Web Order Number is issued for reference purposes only and does not constitute our acceptance of your Order.
We may, at our sole discretion, accept or reject your Order. If we accept your Order, we will notify you of such acceptance by issuing an Order Confirmation via email. Acceptance is effective upon issuance of the Order Confirmation. If we cannot accept your Order, we may, at our sole discretion, attempt to contact you via email or telephone.
We will make reasonable efforts to supply you with the Product(s) listed on the Order Confirmation. If we cannot supply you with the Product(s) listed on the Order Confirmation, we will make reasonable efforts to contact you to suggest alternative Product(s). If you do not wish to purchase an alternative Product(s), we will cancel that portion of your Order relating to the unavailable Product(s) and refund you the actual price you have paid to us for the unavailable Product(s). We reserve the right at any time to discontinue the production, sale or distribution of any of our Products and to change the design of our Products and any parts thereof. You agree that you have no claim against us or any of our agents or affiliates for failure to furnish such Products, whether or not such Products are of a model, design or type previously sold.
Information contained in our advertisements, brochures, other written materials or websites, or information given to you by our agents or employees, constitutes an invitation to bargain only, and does not constitute an offer by us to supply any Product(s).
|4.1.||All sales prices displayed on the Web Site are in U.S. dollars. Your Web Site purchase includes sales tax as required by law. The tax rate is based on the delivery address of your purchase. The actual tax amount will appear after you complete the Order Form.
We reserve the right at any time to correct any mistakes in price. If a mistake in price is made, we will, at our sole discretion, either: 1) make reasonable efforts to notify you of the mistake and will offer you the option to purchase the Product(s) at the correct price or a full refund for the portion of your Order relating to the erroneously priced Product(s); or 2) reject your Order. You will receive a notification with or prior to the delivery of the Product(s). You agree that you have no claim against us or any of our agents or affiliates for failure to furnish such Products at the erroneous price, and that our liability is limited to the actual price paid by you to us for the Product(s).
|5.1.||Payment for the Product(s) must be made via one of the approved methods of payment as listed on the Web Site and modified from time to time.
If you pay by credit card, you must supply your credit card details when you place your Order. Your credit card will be charged upon the issuance of an Order Confirmation or upon shipment of the Product(s). Shipment of the Product(s) is conditioned upon the credit card issuer's authorization of use of the card for payment. We reserve the right to verify the identity of the credit card holder by requesting appropriate documentation. To ensure the credit, debit or charge card is not used without its holder's consent, we may validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these Terms and Conditions, you consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a credit bureau, which may keep a record of such information. Disclosure of such information is made only to confirm the card holder's identity.
|6.1.||Orders will not be accepted and Products will not be delivered to any address outside of the United States. Subject to the foregoing, all Products will be shipped to the delivery address listed on the Order Confirmation. Standard deliveries usually leave the warehouse in 1-2 business days. If your Order contains several Products, such Product(s) may be delivered on different days. Upon delivery of the Products to our carrier, a confirmation of shipment email will be sent to the email address listed on the Order Form (if an email address is provided). Smaller items may be shipped by regular mail and may not be tracked.
All Product(s) are sold F.O.B. Destination, freight pre-paid. We pay the freight.
|7.1.||If you are not satisfied with your purchase for any reason, simply notify us within fourteen (14) calendar days of the delivery or purchase date and we will issue a full refund. Notwithstanding the foregoing, returns may not be made for: a) Intimate Object(s) where the packaging seal has been broken; b) personalized Products made in accordance with your specifications; and c) downloadable Products where the download has commenced.
Products must be returned in their original condition in their original and undamaged packaging to be eligible for return.