These Terms of Sale (“Terms”) apply to the contractual terms between us, Turtle Beach Europe, Ltd., (referred to herein as “TBE, “we,” “us” or “our”), and the users of our services (referred to herein as “you”, “user”). Please read these Terms of Sale carefully. By placing an order for a product from us and checking the appropriate check box, you agree to be bound by these Terms of Sale , TBE reserves the right to change these Terms of Sale without prior written notice and at the sole discretion of TBE. The Terms of Sale for your contract with us apply for the territories of the countries in Europe where we ship our products. We ship to the countries mentioned in the Shipping table below. Your address of delivery must be within these countries. The Terms apply whether you are a business customer or a consumer, however as a consumer, who is a resident in these countries, you have special rights, as described below. The Terms cover all Turtle Beach and Roccat brand products sold in the mentioned territory.
TERMS OF SALE April 2021
You may only purchase Products from our Website if you are at least 18 years old.
INFORMATION ABOUT US
Our Web shop is run by
Turtle Beach Europe Ltd.
First Floor Matrix House, Basing View, Basingstoke, RG21 4DZ, United Kingdom
OFFER AND ACCEPTANCE
The prices, price offers, and descriptions stated or referred to on this Website do not constitute an offer. All Products are subject to availability.
Although we endeavor to ensure the availability of the Products shown on the Website, we cannot guarantee that all products are in stock at the time of your order. If we provide services by providing you with identifiable access to a third party, while the terms of that third party will apply. Should we not be able to process or fulfil your order, we will inform you of this properly and immediately by e-mail.
Any order placed by you constitutes a binding offer by you to us to purchase products or services under these Terms and Conditions, although there is no obligation on our part to accept your order.
The images of the TBE Products on our Website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflects the color of the Products.
SUBMITTING YOUR ORDER
An order placed by you in accordance with these Terms of Sale may only be placed through the Sites. All orders for Products are subject to acceptance by TBE. We reserve the right to limit, reject, modify or cancel orders at our sole discretion. Information contained in our advertisements, brochures, other written materials or websites, or information given to you by our agents or employees, does not constitute an offer by us to supply any Product. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
Within minutes after your order is submitted, you should receive an Order Confirmation email containing your order number and receipt of payment. You must save this confirmation email for your records. If you do not receive an Order Confirmation email, please send an email to EUcustomerservice@roccat.com and make sure that you do not have any anti-spamming, filtering or blocking software enabled, as this may prevent you from receiving a reply.(an “Order Confirmation”). All orders placed after 11 am Central European Time, regardless of shipping option, are processed the next business day (Monday-Friday). We cannot ship to a PO Box for Ground, Expedited or Priority shipments. Business days do not include national holidays in the US, UK, Netherlands or in the country where the recipient is located.
Before you submit your order, please verify that all the information you entered is correct and complete. The contract between us will only be formed when your payment is received by us in full and we ship the ordered Product to you. Your full payment will trigger your order being dispatched and shipped to you in our system.
You must protect all passwords and data provided to you by us for the purpose of accessing web-based customer service and purchasing products from unauthorized access. If you make a mistake entering your email address, your Order Confirmation, which contains valuable purchase information such as your order number and receipt of payment, will be delivered to the incorrect email address. Double check your information before you submit your order. All payments must be made prior to delivery and in the manner described on the Website. We will charge credit cards at the time the product is shipped and reserve the right to have a check carried out before accepting the order.
If a product supplied by us consists of or contains software, such software will be licensed by us or by the relevant licensor in accordance with the applicable end user license agreements or other license terms accompanying the software or product. This software may only be reproduced, adapted, translated, made available, distributed, modified, disassembled, decompiled, or combined with other software to the extent that this is expressly permitted (i) by the license terms or (ii) by relevant laws.
SHIPPING RATES & INFORMATION:
Your package will be processed using the selected shipping method (in the chart below), typically within 1-2 business days of your order being been approved (depending on Product availability and the time of day your order is submitted). After your package has been shipped, you will receive an email containing a shipping confirmation, tracking number and carrier information. In order to avoid any additional return shipping charges, make sure that a household member is there to receive your package. If your Order contains several Products, such Products may be delivered on different days.
Packages returned to our fulfillment centers, due to incorrect addresses will be subject to return shipping fees.
Orders are not processed or shipped on the weekends and holidays. Weekend days should not be considered when calculating your delivery date.
|SHIPPING METHOD||COST||ESTIMATED DELIVERY TIME|
Small Parts (under 1lb)
3-4 Business Days (Mon - Fri)
£6.99 / FREE on all orders over £40
2-3 Business Days (Mon - Fri)
COMPLETION OF THE DELIVERY
Your order will be fulfilled by the delivery time set out in the Dispatch Confirmation, unless there is an Event Outside Our Control (as defined below). If we are unable to meet the delivery time because of an Event Outside Our Control, we will contact you with a revised delivery time.
Delivery will be completed when we deliver the Products to the address you have given to us. In the event that we incur extra delivery or storage charges because no one is available at your address to take delivery, you will be expected to pay for such charges. The Products will be your responsibility from the completion of delivery. You own the Products once we have received payment in full, including all applicable delivery charges.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control as defined below.
An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. Any delays or inability for perform, e, g. due to government restrictions to ship goods or staff shortages, due to the COVID-19 pandemic are explicitly covered as an Event Outside of Our Control.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery time with you after the Event Outside Our Control is over.
Please be assured our team is working as safely and diligently as possible throughout the COVID-19 pandemic and increased holiday shopping orders to minimize delays and continue to fulfill all orders as timely as possible.
We ask for your patience with tracking updates or potential delivery delays due to increased national shipping volume beyond our control.
RETURNS/REFUND POLICY & PROCEDURE
Customers have 30 (thirty) days counted from the day they receive the goods to withdraw from it for a full refund. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund if you have paid. You are not entitled to exert this withdrawal right for software that you have unsealed by the consumer. Turtle Beach will pay for return shipping on all exchanges for damaged/defective products or in cases of our order errors. For all other returns, you are responsible for shipping the product back to us via a traceable method. Original shipping fees are non-refundable. Turtle Beach is not responsible for any returned Products lost or damaged in transit.
Products that were not purchased on the Sites are not eligible for return under this policy. Products must be returned in their original undamaged condition to be eligible for return.
To withdraw from the Contract, please send an email to EUcustomerservice@roccat.com with your order number in the subject line. You find a withdrawal form below attached to these Terms of Service. A sales representative will advise of your return eligibility and/or any additional action(s) that needs to be taken. You may then be issued a Return Merchandise Authorization (“RMA”) number that will be emailed to you with further instructions.
Please ship Products back as instructed by the sales representative with the RMA number clearly marked on the outside of the shipping carton. Also include the packing slip and a copy of the order in the package. Packages without a valid RMA number may be refused and will be returned at your expense. The RMA expires after 20 days, so please be sure to ship the product within 20 days of receiving your RMA, otherwise it may be refused. Additional Product return instructions may be required.
TBE will pay for return shipping on all exchanges for damaged/defective product or in cases of our order errors. For all other returns, you are responsible for shipping the product back to us via a traceable method. Original shipping fees are non-refundable. TBE is not responsible for any returned Products lost or damaged in transit. TBE bears the risk of returning the goods in case of a return, but you have the legal obligation to take reasonable care of the Products while they are in your possession. If Products are returned by you for any reason other than damage to or a defect in the Products and they have suffered any reduction in value as a result of handling beyond what is necessary to establish the nature, characteristics and functioning of the Products then you will be charged for that diminution in value and that charge will be deducted from your refund.
All refunds will be applied to your original method of payment; no refunds will be made in cash. In the event that you pay us via a bank transfer, you authorize us to refund the money to you via an online payment.
For any order related questions or concerns, please contact Customer Service at EUcustomerservice@roccat.com. Please be sure to always reference your order number.
CLAIMS FOR DAMAGES
Claims for transportation damages to Products or errors in an Order must be made within 5 (five) 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.
We are liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions. The statutory limitation period for any claims for such defects is two years, commencing with the delivery of the goods. Any warranties granted by the manufacturers of certain items are always in addition to any claims based on material defects or defects of title under applicable law. Details of the scope of such manufacturer’s warranties are set out in the warranty conditions that may accompany the relevant items.
ORDER CHANGES AND CANCELLATION
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, once you receive a tracking number. If you wish to return the Product after you have changed your order, you are responsible for all additional shipping charges to and from TBE.
We will charge your credit card account upon placement of your order, including all pre-orders placed 30 to 90 days before shipment. By placing an order with us you agree that any credit card information provided by you is true and complete and you will pay the applicable listed price(s) in addition to any shipping and handling charges and applicable taxes. We accept PayPal and the following credit cards: Mastercard, Visa, Discover and American Express, Maestro. For transaction security purposes, we may require additional information about your credit card account, and we reserve the right to verify the identity of the credit card holder by requesting appropriate documentation. Payments made by credit card are subject to the approval of the financial institution issuing the credit card. TBE 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 order placement, you will need to make arrangements for an alternate form of payment. Certain orders may be subject to a verification period to protect all parties from unauthorized credit card use.
On occasions TBE will release coupon codes via email or other marketing channels that enable a discount to be applied to your order (“Coupon Codes”). To apply the Coupon Code, enter it as requested during the checkout process. The discount will then be applied to your order, subject to the following terms and conditions. Coupon Codes are only valid on full-priced items unless otherwise stated and cannot be used in conjunction with any other offer. Coupon Codes are valid for a limited period of time (as specified in the marketing communication) and cannot be used outside of that period. Coupon Codes are for use by the intended recipient only and proof of entitlement may be requested by TBE, and TBE reserves the right to cancel your order in the event of an improper use of a Coupon Code. TBE reserves the right to withdraw, amend or extend Coupon Code promotions at any time, without prior notice. Specific offer terms and conditions will be provided with each Coupon Code.
Prices listed on the Sites are payable in Euro or UK Pound Sterling, as applicable. 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, Order Confirmation and/or receipt of payment. You should always check that the final price and selected Product are correct before completing your order.
We reserve the right to correct any mistakes in price listed on the Sites at any time. 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 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 Products.
We are obligated to include sales tax or Value Added Tax (VAT) for purchases delivered to customers located within certain jurisdictions and your purchase on the Site will be subject to such taxes. Unless otherwise indicated, prices are inclusive of VAT and other applicable taxes associated with the order.
Purchases made on this Site are intended for end users (business customers and consumers) 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 the production, sale or distribution of any of our Products at any time 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.
DISCLAIMER OF LIABILITY
(1) TO THE EXTENT PERMITTED BY LAW WE EXCLUDE ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO TBE’S PRODUCTS AND SERVICES, THIS WEBSITE, INFORMATION CONTAINED ON THE WEBSITE, (COLLECTIVELY HEREAFTER, “SERVICE”).
(2) YOU HEREBY EXPLICITLY AGREE THAT TBE, ITS AFFILIATES, AGENTS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY CLAIM, LOSS, DAMAGES, EXPENSES OR COSTS, WHETHER INDIRECT, INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS OR OTHERWISE, ARISING OUT OF OR RELATING IN ANY WAY TO THE AGREEMENT, EXCLUDING ANY CLAIMS DUE TO HARM DONE TO A PERSON´S LIFE, BODY AND HEALTH AND ANY DAMAGES FROM WILLFUL ACTIONS OR GROSS NEGLIGENCE. WHERE THE DAMAGE IS DUE TO THE CULPABLE BREACH OF A MATERIAL CONTRACTUAL DUTY (WESENTLICHE VERTRAGSPFLICHTVERLETZUNG) AND IF TBE IS RESPONSIBLE FOR SUCH BREACH OF DUTY, TBE SHALL ONLY BE LIABLE IN ACCORDANCE WITH THE STATUTORY PROVISIONS. “MATERIAL CONTRACTUAL DUTIES” ARE THOSE WHOSE FULFILLMENT MAKES THE PROPER PERFORMANCE OF THE AGREEMENT POSSIBLE IN FIRST PLACE AND THAT THE CONTRACTUAL PARTIES MAY REGULARLY RELY ON THEIR COMPLIANCE. IN THE EVENT OF SIMPLE NEGLIGENCE, HOWEVER, LIABILITY SHALL BE LIMITED TO FORESEEABLE AND TYPICAL DAMAGES.
(3) WE ONLY SUPPLY THE PRODUCTS FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE THE PRODUCT FOR ANY COMMERCIAL, BUSINESS OR RE-SALE PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
WE DO NOT IN ANY WAY EXCLUDE OR LIMIT OUR LIABILITY FOR:
(A) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE;
(B) FRAUD OR FRAUDULENT MISREPRESENTATION;
(C) DEFECTIVE PRODUCTS UNDER THE APPLICABLE CONSUMER PROTECTION ACT.
FOR BUSINESS CUSTOMERS ONLY: Subject to the above exceptions and unless provided by applicable law, our total liability to you in respect of all other losses arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the purchase price of the shipment. As a business customer you may be legally obliged under (e.g. under Sec. 377 HGB - German Commercial Code) to inspect the goods that you receive for obvious damages immediately upon receipt.
(4) ALL PRODUCTS ARE DESIGNED FOR THE OPERATING SYSTEMS, PLATFORMS AND ASSOCIATED HARDWARE THAT ARE LISTED ON THEIR BOXES AND ON OUR SITES UNDER “SYSTEM REQUIREMENTS.” USE OF OUR PRODUCTS WITH UNLISTED OPERATING SYSTEMS OR PLATFORMS IS NOT RECOMMENDED, IS NOT SUPPORTED AND DOES NOT CONSTITUTE REASON FOR A REFUND OR REIMBURSEMENT OF ANY KIND. TBE MAKES NO WARRANTIES THAT OUR PRODUCTS WILL FUNCTION AS EXPECTED IN UNCONVENTIONAL OR PROBLEMATIC SYSTEM CONFIGURATIONS. LIKEWISE, TBE DOES NOT PROVIDE ANY GUARANTEES FOR COMPATIBILITY WITH THIRD-PARTY PRODUCTS.
Information we collect in connection with your Order is subject to our Privacy and Cookie Policies. Please read our Privacy and Cookie Policies for more information on how we use, share and protect the information we collect.
CHOICE OF LAW AND VENUE
If you are a business customer, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by 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 Terms of Sale.
RESOLUTION OF DISPUTES
If a dispute arises, it is expected that the parties will attempt in good faith to resolve any such dispute in an amicable and mutually satisfactory manner.
The European Commission is providing an online dispute resolution platform, which can be found at http://ec.europa.eu/consumers/odr/. However, TBE prefers to resolve any concerns in direct exchange with you and therefore TBE does not currently take part in these consumer clearing procedures.
If any provision of these Terms of Sale is declared to be unenforceable by a court of competent jurisdiction, that provision is deemed severed and the other provisions in these Terms of Sale will remain in effect.
All notices and other communications in connection with these Terms of Sale may be delivered personally, by postal service with sufficient postage paid, or by e-mail to the most recent address and appropriate contact person provided in writing by either party to the other.
The headings in these Terms of Sale are for convenience only and shall not affect the meaning or interpretation of these Terms of Sale.
These Terms of Sale, together with the Order Confirmation, set forth the entire extent of our obligations and liabilities with respect to the supply of the Products and supersede all other agreements, written or verbal, between TBE and you regarding purchases placed through our Site. This Contract is only between you and us. No other person shall have any rights to enforce any of its terms, unless explicitly provided by applicable law.
Failure of TBE to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision.
When we refer, in these Terms, to "in writing", this will include email. If you are a consumer and you wish to contact us in writing, you can send this to us by email or regular mail using the address at the beginning of these Terms of Sale.
OTHER TERMS AND CONDITIONS
All our deliveries and services are exclusively subject to these Terms of Sale. Conflicting Terms of Sale or any Terms of Sale deviating from these Terms of Sale shall not apply.
PLEASE PRINT OR SAVE A COPY OF THESE TERMS FOR YOUR RECORDS AND PLEASE CHECK THE WEBSITE FREQUENTLY FOR ANY CHANGES TO THESE TERMS.
Your Legal Right of withdrawal
You have the right to withdraw from this contract within 30 days without giving any reason.
The withdrawal period will expire after 30 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (preferably per e-mail to EUcustomerservice@roccat.com). You can use the attached withdrawal form, but you are not obliged to use it.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 30 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over as instructed by our sales agent without undue delay and in any event not later than 30 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 30 days has expired. Turtle Beach will pay for return shipping on all exchanges for damaged/defective products or in cases of our order errors. For all other returns, you are responsible for shipping the product back to us via a traceable method and will have to bear the direct cost of returning the goods. The cost is estimated at a maximum of EUR 9 to 30 depending on the country where you are shipping from. Original shipping fees are non-refundable. Turtle Beach is not responsible for any returned Products lost or damaged in transit.
Template for the Withdrawal
(complete and return this form only if you wish to withdraw from the contract)
— To Turtle Beach Europe Ltd.
First Floor Matrix House, Basing View, Basingstoke, RG21 4DZ, United Kingdom
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
— Ordered on (*)/received on (*),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
*) Delete as appropriate
NOTE: Do not ship any products to this address, please wait for a return label.