TERMS AND CONDITIONS OF SALE

Article 1 - Scope

These terms and conditions of sale (“Terms”) shall apply to you (“You” or “Customer”) if You purchase product (“Product”), either electronically or through a signed document with us (“Company”, “Us”, or “Our”). In the event of a contradiction, these Terms shall prevail.

Article 2 - Eligibility

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS AND CONDITIONS OF SALE, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE OF MAJORITY TO FORM A BINDING CONTRACT, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS OR PRODUCTS BY APPLICABLE LAW.

Article 3 - Online Orders

By placing an order (“Order”), You are making an offer to Company to purchase Products. All Orders are subject to acceptance by Company. For the avoidance of doubt, the Company may decline any Order, in whole or in part, for any lawful reason. If your Order is accepted by Company, the Company will notify you of its acceptance by sending an Order Confirmation. These Terms shall form part of any Order placed by Customer. Any term or condition on any Order or other document provided by Customer shall be of no force or effect. Acceptance of an Order by Company shall not be deemed an acceptance of any conflicting or additional terms, and Company hereby rejects any different or additional terms or conditions proposed by Customer.

In the event of a pricing error, Company will communicate the correct price to the Customer. If Customer chooses to not accept the modified, correct price, then Company will cancel the Order and refund money that Customer has paid for such Order. The amount Company refunds to You shall be the extent of Company’s liability to Customer.

Article 4 - Right to Reject Orders

The Company reserves the right to accept or reject any order. If we are unable to accept your order, we will inform you of this via email and will not charge you for the product. If we have processed payment prior to non-acceptance of your order we will issue a refund. Please note that it can take 7 business days or longer for the bank to transfer the funds to you.

Article 5 - Contact Us

If you have any questions, you may contact us. For more information, please click here.

Price & Payment

Article 6 - Price

The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Product prices shown on Our website may change from time to time without notice. Posted prices include standard shipping and handling costs using the freight carrier we select. Taxes and surcharges, if applicable, shall be itemized separately on the invoice and collected in accordance with applicable laws and regulations.

Article 7 - Payment Methods

You can find the available payment methods during the checkout process. Credit card payments, including recurring charges, are handled through third-party payment processors. These third-party payment processors will collect and retain your credit card information in order to process your payment. For more information, please review our Privacy Policy. Invoiced sums shall be paid in full in the currency provided on the invoice. By placing your order and making an offer to buy a Product, You authorize Us to transmit information or to obtain information about You from third parties for purposes of the Company fulfilling the Order. This may include verification checks involving your debit or credit card number or credit reports e.g. in order to authenticate your identity.

Article 8 - Certifying Credit Card Information

You represent and warrant that (i) you are at least 18 or the age of majority in your country, state or province of residence; (ii) the credit card information you supply is true, correct and complete, (iii) you are duly authorized to use such credit card for the purchase, (iv) charges incurred by you will be honored by your credit card company, and (v) you will pay charges incurred by you at the posted prices, including all applicable fees and taxes, if any.

Article 9 - Discount Codes

If a discount code is being offered or is available, you may only use one discount code with each order. We reserve the right to reject or cancel any orders where you add more than one discount code to the basket. We allow you to use discount codes strictly on the terms and conditions upon which they were issued, including terms relating to your eligibility to use them and a maximum order value. Discount codes and other offer promotions are subject to these Terms, and any additional terms and conditions specific to the promotion offer.

Article 10 - Product out-of-stock

Occasionally, demand for products is so high it surpasses our supply. When this happens, we ask that you provide us with your email address, and we will notify you when we have further stock available.

Article 11 - Taxes

We are required by law to collect all taxes based on where your order is being shipped or delivered. When you review your order total during the checkout process, you'll see the applicable taxes. The actual charge to your credit card will reflect the applicable taxes.

Article 12 - Risk and Title

Title and right to the Product(s) purchased by You from Company shall remain with Company until all amounts owed by Customer have been paid in full. Company may retake possession of Product(s) if payment for the Product has not been made.

Article 13 - Risk of Loss

Risk of loss or damage to the Product will pass to the Customer upon Company’s delivery of the Product(s) to the carrier.

Delivery and Shipping

Article 14 - Shipping and delivery dates are estimates only and cannot be guaranteed

We are not liable for any delays in shipments. If we are unable to ship products within the time anticipated or thirty (30) days of a properly completed order, we may request your consent to a delay in shipping. Absent this consent, we will cancel your order and refund any payment that has already been collected.

It is your responsibility to provide complete and accurate delivery address information. We will not be liable if you provide incomplete or inaccurate information.

Cancellations, Returns, Refunds

Article 15 - Cancellations

The Company strives to deliver exceptional customer service and in so doing, most orders are prepared for shipment in a timely manner. All sales on our website are final. If you recently placed an order and would like to cancel it, you may contact our customer service at the following link. If your order has not yet been processed, we will take reasonable actions to attempt to accommodate your cancellation request. However, if your order is beyond our ability to cancel it, you will still have the option of returning the Product by following the terms set forth in our Return and Refund Policy.

Article 16 - Return and Refund Policy

For Product ordered directly on the Website, the Company guarantee’s 100% satisfaction for 30 days from date of purchase, or your money back. If you are unsatisfied with our Product, you may return it to the Company within thirty (30) days of your order date for a replacement or full refund of the purchase price, less shipping and handling costs. If you are returning a product that was purchased using a bundled product promotional discount you must return all items in the bundle to receive a full refund. If the complete bundle is not returned, your refund will equal the amount you paid for the product bundle less the MSRP of the item(s) not returned. We will not refund any shipping charges. The Company does not accept returns of products purchased from retail stores, department stores, or other locations that may sell product. To receive your refund, you must follow the following steps:

(a) Your Product must be in the same condition that you received it and in its original packaging.

(b) Click here to request a return. To get started, please enter the email address that was used to place the order and the order number that can be found on your order confirmation email.

(c) Place return label you receive clearly on the outside of the returned package. Our return department is not allowed to process packages without return shipping label that was provided to you by Polk Audio after following the above steps, and no refunds will be issued for any packages returned without a return shipping label, including packages marked as “Return to Sender”.

(d) You must send all returned the product in its original package using the shipping label that you receive from Polk Audio after your return request is approved. When using this shipping label, shipping costs are paid by Polk Audio.

(e) Returned products must be received within fifteen (15) days after you receive your RMA number.

(f) Refunds will be issued only to the same payment method that was used in ordering the product. It generally takes about 7 to 14 business days to receive a refund. Refunds will be for the cost of the product. Shipping and handling are not refundable.

Warranty

Article 17 - Limited Warranty

The Company warrants its products to be free of defects in material and workmanship for the product's Limited Warranty Period that is included with the Product warranty. The Warranty Period starts on the original purchase date of the product. This Limited Warranty extends to the original purchaser of the product only. See the warranty statement shipped with the Product for specific warranty terms, limitations, and warranty period.

For warranty claims made during the Warranty Period, the Company will replace any defective product part free of charge. If a part of your product fails as a result of a defect in materials or workmanship, please request a return authorization here to make a warranty claim.

Article 18 - Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (SUCH AS THE COST OF REPAIRING OR REPLACING OTHER PROPERTY WHICH MAY BE DAMAGED WHEN THE DEVICE DOES NOT WORK PROPERLY). THE LIMITED WARRANTY IS AUTOMATICALLY VOID IF YOUR PRODUCT IS MODIFIED IN ANY WAY, IMPROPERLY SET UP, ABUSED, TAXED BEYOND ITS STATED CAPACITY, OR OTHERWISE MISUSED OR NEGLECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY.

Some territories do not allow disclaimers of implied warranties or limitations on how long an implied warranty lasts, so these limitations may not apply to you. The Company will not be liable for any damages whatsoever arising out of the use or inability to use its products, even if the Company has been advised of the possibility of such damages.

EXCEPT AS PROVIDED IN THESE TERMS, YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE, AND THE CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED ON OR DESCRIBED ON OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE WEBSITE. WE FURTHER DISCLAIM ANY WARRANTY EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE THROUGH THE WEBSITE IS ACCURATE, COMPLETE, OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM THE USE OR INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF OUR WEBSITE ITS CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE WEBSITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OUR CUSTOMER SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Article 19 - Limitation of Liability

IN NO EVENT SHALL WE, OUR AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT PRODUCE PURCHASES OR THE USE OF OUR WEBSITE, INCLUDING BUT NOT LIMITED TO, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE, OR IMPROPER USE OF OUR WEBSITE, AND INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON OUR WEBSITE. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES OF ANY NATURE FOR THE DISCLOSURE OR MISUSE OF YOUR PERSONAL INFORMATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF LEGAL ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. THE MAXIMUM AGGREGATE LIABILITY OF COMPANY SHALL BE LIMITED TO THE COST PAID FOR THE PRODUCT PURCHASED ON OUR WEBSITE OR ONE HUNDRED U.S. DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THIS IS A BARGAINED AND AGREED TO PROVISION.

Article 20 - Indemnification

You agree to indemnify and hold the Company harmless including our affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys’ fees and court costs) arising from any claim, cause of action, suit or demand, arising out of or related to (i) your access to or use of our Website, (ii) purchase of Product, or (iii) your violation of these Terms.

Article 21 - Disclaimer of Advertisements and Links to Third Party Websites

We may from time-to-time display advertisements from third parties on the Website. These advertisements may be in the form of a banner, link, pop-under or pop-up. We are not responsible for the content of such advertisements or links, or for any products, services or other materials relating to such advertisements or any click through or linked websites. IN NO EVENT SHALL COMPANY BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE, INCLUDING COMPENSATORY OR PUNITIVE, OR FOR ANY LOSS ARISING FROM OR RELATING TO SUCH ADS, LINKS, OR WEBSITES.

Article 22 - No Class Representation

TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A CLASS REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST US IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS RELATING IN ANY WAY TO US OR THE WEBSITE INCLUDING WITHOUT LIMITATION ORDERS MADE FROM THE WEBSITE, OUR ADVERTISEMENTS AND DISCLOSURES, EMAIL OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH THE WEBSITE, THESE TERMS, OR YOUR STATUS AS A PURCHASER OF OUR PRODUCTS OR SERVICES.

Article 23 - Intellectual Property

Customer shall not use Company’s trademarks, name, logo, likeness, trade dress, designs, patents, or other proprietary rights (“Intellectual Property”) without written permission from Company. Customer shall not alter, cover, deface, remove, or otherwise change any Company Intellectual Property or make changes to any materials provided by Company or its Product(s). Customer shall not use or register any of Company’s trademarks.

Article 24 - Governing Law

By visiting the Website or ordering products from the Website, you agree that the laws of The Netherlands, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and us. The Website is owned and operated in The Netherlands. You may be a resident from another country but you agree that for all purposes, our relationship is governed by the applicable laws of The Netherlands. The Netherlands shall have exclusive jurisdiction over any claims or disputes arising from or in relation to these Terms. Notwithstanding the foregoing, Company reserves the right to institute proceedings against Customer in any place Company has standing or in any jurisdiction where harm to Company is occurring.

Article 25 - General Terms

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms. These terms constitute the entire agreement between us. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you, except with our prior written consent. The headings in these Terms are for convenience only and have no legal or contractual effect. These Terms include and incorporate by reference the posted Privacy Policy on our Website.

Article 26 - Severance

If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions of the terms.

Article 27 - Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Article 28 - Third Parties

Nobody else has any rights under this contract. This contract is between you and the Company. No other person shall have any rights to enforce any of its terms.

Article 29 - Amendment

We reserve the right to change these Terms from time to time at our sole discretion, but any changes will not apply to any orders placed prior to the change being made.

Article 30 - Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent from the Company. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Sale.

Article 31 - Notices

The Company may provide any notice to you under these Terms by posting an updated to the Website. Notices we provide by posting will be effective upon posting. It is your responsibility to check the website for updates.

Article 32 - Entire Agreement

These Terms (including any linked, referenced, or incorporated terms or policies) constitute the entire agreement between you and Us with respect to your use of the website and transaction for the purchase of products.

Article 33 - Miscellaneous

These terms constitute the entire agreement between us. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable, or sublicensable by you. The headings in these Terms are for convenience. These Terms include and incorporate by reference our Privacy Policy . If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions of the terms. Company reserves the right, in its sole discretion, to limit, change, or modify the Terms at any time.

Article 34 - Contact Information

If you have any questions or comments, please feel free to contact us at the following link.