Terms and Conditions of Sale
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
1. Order Acceptance and Cancellation
A. Pre-Orders: Fugoo may offer products on a pre-order basis, prior to the official release date. The release date is the date the product is available to ship. We make our best effort to meet these release dates, but they are subject to change based on manufacturing schedules.
To place a pre-order, simply click on the product you want to pre-order and add it to your shopping cart. After Fugoo accepts your pre-order, you will receive an e-mail confirming receipt of your order and providing you with an order number. Though a credit card is required to place a pre-order, it will only be used to obtain authorization from your credit card company for the total amount of the order (including any applicable shipping charges, taxes and fees). Your credit card will not be charged until your item is ready to ship (so please be sure your card is not due to expire between the time you place your order and the time your item is expected to ship). If you wish to add items to your pre-order, please do so by placing a separate new order for the additional items.
To make changes to your pre-order, please email us at email@example.com. We will do our best to accommodate your change request prior to fulfilling your order, but we cannot guarantee your change request will be made before your order ships.
B. New Orders: Orders for in-stock products will be processed upon Fugoo successfully receiving and accepting your order. At that time, your payment will be collected and we will make our best effort to ship your order within 1 business day. An email notification will be sent to you confirming your order and providing you with an order number. Once your order has shipped, an email notification will be sent to you providing you with shipping and tracking information.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled you will receive a prompt refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.
We are a seller to end user customers and do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products and services which are offered on our site.
We make every effort to maintain the availability of our site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.
2. Payment Terms and Sales Taxes
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order.
We accept VISA, MasterCard, American Express, and Discover credit cards for all purchases. You represent and warrant that: (i) the credit card information you supply to us is true, correct and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes and fees, if any.
All payments must be in United States dollars. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the lower of 10% per annum or the highest rate allowed by law. We retain a security interest in the products and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid.
Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.
3. Changes in Products and Pricing
We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, such information is subject to continual change, so you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our site.
All pricing for the products and services available on our site is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
4. Shipping Policy
All shipping prices are quoted in United States dollars. No C.O.D. orders can be accepted.
Currently, we ship only to valid US addresses, excluding APO/FPO/DPO, PO Boxes and US Territories. For security reasons, we are unable to alter the address or redirect the package after payment has been made. We will make our best effort to ship your successfully placed order same day if it is received and accepted by Fugoo before 12:00 p.m. PST (Monday - Friday, excluding designated holidays). We will make our best effort to ship your successfully placed order within 1 business day if it is received and accepted by Fugoo after 12:00 p.m. PST (Monday – Friday, excluding weekends or designated holidays).
Orders ship when all items are available. You will receive an email notification once your order is shipped. It will include shipment and tracking information. Fugoo offers expedited shipping options to meet your needs. These options are available to you upon checkout.
You can estimate shipping charges and taxes at checkout based on the information you enter in your order. Shipping rates are based on the estimated packaged weight and dimensions of your complete order. To reflect the policies of the shipping companies we use, all weights will be rounded up to the next full pound.
Please note the posted shipping time frame may be listed on the individual product page and may vary from item to item. The posted shipping time frame is contingent upon product availability and credit card approval. Shipping time frames may be delayed should we experience difficulties with product availability or in obtaining credit card authorization.
These shipping terms are accepted by you by placing an order with us.
Some of our orders may require a signature upon delivery. For these shipment types, please make sure a responsible person will be available at your address to accept the delivery. To receive your shipment on the first delivery attempt, please track your shipment with the tracking information provided to you in your shipping confirmation. If the package is returned to us, the original purchaser will be refunded less the shipping fees both ways. For more information and options for receiving your shipment, please visit either www.ups.com or www.usps.com, depending upon the carrier used to ship your order.
6. Product Listing and Pricing
Fugoo makes every attempt to ensure all products, descriptions, images, links, specifications, reference and pricing listed on our website are accurate. In the unlikely event an error occurs, Fugoo will not be bound to this error, nor can we guarantee that all information posted on our website is current, accurate or complete. Fugoo will correct any known issues as soon as possible and allow you to complete your order or cancel it.
In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, Fugoo retains the right to refuse or cancel any orders placed for products or services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your credit card account in the amount of the charge.
7. Disclaimer and Limitation of Liability
Please review our warranty policy, which is incorporated in these Terms and Conditions of Sale by reference at www.fugoo.com/policies/ and listed under item A. below.
A. One Year Consumer Limited Warranty
Fugoo products are warranted to be free from defects in materials or workmanship for 1 year from the date of purchase. Within this period, Consumer's sole and exclusive remedy and Fugoo’s sole and exclusive responsibility under this warranty will be repair or replacement of the defective product during the one (1) year limited warranty period, at Fugoo's discretion. SUCH REMEDY SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY. Such repairs or replacement will be made at no charge to the Consumer for parts or labor. Product may be repaired or replaced using new or remanufactured parts or product or refunded to Consumer the amount equal to the purchase price paid by the Consumer for the product, less shipping, taxes and other fees, at Fugoo’s sole discretion. Consumer is responsible for all shipping associated with returning the product to Fugoo's designated service center. This warranty does not apply to: (i) cosmetic damage, such as scratches, nicks and dents; (ii) damage caused by accident, abuse, misuse, water, flood, fire, or other acts of nature or external causes; (iii) damage caused by service performed by anyone who is not an authorized service provider of Fugoo; (iv) damage to a product that has been modified or altered without the written permission of Fugoo; (v) use not in accordance with the documentation; or (vi) damage caused by the equipment with which the Product is used. In addition, Fugoo reserves the right to refuse warranty claims against products or services that are obtained and/or used in contravention of the laws of any country.
Repairs will be warranted for 90 days. If the returned unit is still under its original warranty, then the new warranty is 90 days or to the end of the original 1 year warranty, whichever is longer.
THE WARRANTIES AND REMEDIES CONTAINED HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY LIABILITY ARISING UNDER ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, STATUTORY OR OTHERWISE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, WHICH MAY VARY FROM STATE TO STATE.
IN NO EVENT SHALL FUGOO BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM THE USE, MISUSE, OR INABILITY TO USE THIS PRODUCT OR FROM DEFECTS IN THE PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
This limited warranty extends only to the original purchaser of the product and is not assignable or transferable to any subsequent purchaser or user. Products purchased through online auctions (excluding www.fugoo.com) are not covered under warranty. Proof of purchases from online auctions are not accepted as verification of warranty. To obtain warranty service, an original or copy of the sales receipt from the original retailer is required. Fugoo will not replace missing components from any package purchased through online auctions.
To obtain warranty service, email Fugoo at firstname.lastname@example.org to request a Return Merchandise Authorization ("RMA") number. Upon approval, return the defective product together with proof of purchase to the address specified by Fugoo. Fugoo will pay all costs associated with shipping the product back to the Consumer after the completion of service under this limited warranty for products accepted and approved as under warranty only. If the product is not covered under warranty (whether because the warranty has expired, the damage is Consumer-induced or otherwise), the Consumer can choose to have the product repaired at Consumer’s expense or returned to Consumer at Consumer’s expense; Consumer is responsible for all shipment and service fees associated with repairs or replacements not covered under warranty. Fugoo will ship only to valid US addresses, excluding APO/FPO/DPO, PO Boxes and US Territories. For security reasons, we are unable to alter the address or redirect the package after the shipment has been made. Any product returned to Fugoo without an RMA or without proof of purchase will be returned to the Consumer at the Consumer’s expense. Consumer has 30 days from the date Fugoo makes its first attempt to contact the Consumer to pay for expenses associated with the repair of non-warranty items or the cost to return the items received without an RMA or proof of purchase. If Consumer fails to pay for such expenses and/or costs, including but not limited to shipping and handling within such 30-day period, Consumer agrees that Fugoo will have no further responsibility with respect to such returned product and shall have the right to dispose of such returned merchandise in any commercially reasonable manner and apply the proceeds, if any, against the amounts due Fugoo on account of such expenses and/or costs.
IN NO EVENT WILL FUGOO'S TOTAL CUMULATIVE LIABILITY EXCEED THE PRICE PAID BY CONSUMER FOR THE PRODUCT. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
8. Return Policy
If you wish to return your product for any reason, we offer a 30-day return policy. To return products, email us at email@example.com to request a Return Merchandise Authorization (“RMA”) number. NO returns of any type will be accepted without an RMA number and valid proof of purchase. For faster service, please have the following information on hand when calling for an RMA number: original purchaser’s name, order number, product name, product description, date of purchase, serial number and nature of the problem.
To expedite the processing of your refund or credit, we ask that products be returned to the return address provided to you at the time the RMA is issued and within 30 days of the date the product was originally delivered to you. All returned products MUST be 100% complete, undamaged, contain ALL original boxes and packing materials, have original UPC codes and labels on the manufacturer boxes, and contain all manuals, blank warranty and registration cards, CD(s), diskette(s), and any other accessories and documentation provided by the manufacturer. When the product is received in good condition, we will process your refund. You are responsible for shipping charges on returned items. You must insure the shipment or accept the risk of loss or damage during shipment. We strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
If your order arrives at your shipping address in a damaged condition, save the merchandise AND the original box and packing it arrived in, and notify us immediately to arrange for a carrier inspection and a pick up of the damaged merchandise.
9. Privacy and Customer Information
At any time you may update your customer account information by following the instructions posted elsewhere on this site. Here you may update your name, password, billing address, shipping address, e-mail address, telephone number and credit card information.
10. Service and Support
All requests for technical service and support with respect to the products and services available through our site should be made by e-mail at firstname.lastname@example.org by accessing our website at www.fugoo.com and clicking on our Support link. We will do our best to help you; however, we cannot guarantee that every problem will be resolved to your satisfaction.
Except as explicitly noted on this site, the services available through this site are offered by Blowfish Audio, a Delaware corporation, located at 8001 Irvine Center Drive, Suite 250, Irvine, CA, 92618. Our telephone number is 949-825-6200. If you are a California resident, you may have this same information e-mailed to you by sending a letter to the foregoing address with your e-mail address and a request for this information.
11. Force Majeure
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and service available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
12. Entire Agreement and Other Documents
These terms and conditions and those set forth in other agreements referred to herein constitute the entire agreement and understanding between us concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect thereto. These terms and conditions may NOT be altered, supplemented or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.
13. Governing Law and Statute of Limitations
This site (excluding linked site) is controlled by us from our offices within the State of California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this site both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Los Angeles County and the United States District Court for the CentralDistrict of California with respect to such matters.
We make no representation that the products and services available through our site are appropriate or available for use in locations outside of the United States, and accessing them from territories where such products and services are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.