B&O PLAY TERMS & CONDITIONS

B&O PLAY SHOP TERMS AND CONDITIONS OF USE AND SALE

This page (together with the documents mentioned herein) describes the terms for using our website to browse products made available by Bang & Olufsen America, Inc. ("B&O”) and our product ordering service ("Service"), and the terms by which we supply such products. Please read these terms of use carefully before you start to use the B&O Play Store and/or the Service. By registering on the B&O Play Store, you accept these terms of use and sale (these “Terms”) and agree to abide by them. Please understand that if you refuse to accept these Terms, you will not be able to order any products from the B&O Play Store. If you have any questions regarding these Terms (including any technical questions) please contact our Customer Support Team at ecom-support-US@beoplay.com.

1. INFORMATION ABOUT US

The website http://beoplay.com (the “Site” or “B&O Play Store”) is operated by Arvato Digital Services LLC ("we", "us", "our" or “Arvato”), which has a principle place of business is 29011 Commerce Center Drive Valencia, CA 91355, USA. We are an authorized B&O reseller.

AVAILABILITY

2.1 The B&O Play Store is only intended for use by customers in those countries that can receive retail goods from the United States.
2.2 By ordering products from the B&O Play Store, you warrant that:
2.2.1 You are legally capable of entering into binding contracts; and
2.2.2 You are at least 18 years old.

2. ACCESSING THE B&O PLAY SHOP

3.1 To use the B&O Play Store services, you need to register and log in to the Site using a B&O Play Store account which can be created here: http://beoplay.com. 3.2 Please log into the B&O Play Store and browse the shop. To order an item, simply click the shopping cart icon to add the Product to your shopping cart. Once you have finished shopping, please click on the shopping trolley icon in the top right hand corner of the screen. Please click on the button marked "Checkout" and follow the instructions on screen to complete your order.
3.3 Access to the B&O Play Store is permitted on a discretionary basis, and we reserve the right to withdraw or amend the Service we provide via the B&O Play Store without notice. We will not be liable to you if for any reason the B&O Play Store or the Service is temporarily unavailable at any time.
3.4 From time to time, we may restrict access to some or all parts of the B&O Play Store and/or the Service.
3.5 If you choose, or you are provided with, a B&O Play Store account or such other user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our sole opinion you have failed to comply with any of the provisions of these Terms. You are responsible for all activity occurring when this Site is accessed through your account, whether authorized by you or not. Therefore, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.
3.6 You are responsible for making all arrangements necessary for you to have access to the B&O Play Store and/or our Service. You are also responsible for ensuring that all persons who access the B&O Play Store through your internet connection are aware of these Terms, and that they comply with them.

3. USE OF THE B&O PLAY STORE

4.1 To order products from the B&O Play Store please follow the instructions on screen. If you order any products, your purchase will be governed by our Terms.
4.2 You may not use the B&O Play Store or its contents:
4.2.1 to download (other than page caching) or modify the B&O Play Store, or any portion of it; or
4.2.2 for any purpose which is unlawful.

5. YOUR ORDER

5.1 Orders through the B&O Play Store will be fulfilled, subject to these Terms, by Arvato.
5.2 After placing an order by clicking the order button, you will receive a confirmation from us acknowledging that we have received your order (“Order Submission”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy a product from us. All orders are subject to acceptance by us, and, if we accept your order, we will confirm such acceptance to you by sending either a confirmation that we accept your order (“Order Acceptance”) or by sending the product to you.
5.3 Your order will relate only to those products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Order Acceptance.
5.4 You may store or print out these terms and conditions. We will retain your order information in accordance with our Privacy Policy, available at http://www.beoplay.com/privacy-and-cookies.

6. AVAILABILITY AND PRODUCT DELIVERY

6.1 Although we endeavor to ensure the availability of the products shown in the B&O Play Store, we cannot guarantee that all of the products will be in stock when you place your order. If we are unable to process or execute your order, we shall contact you:
6.1.1 to offer you an equivalent product(s) in terms of quality and price which you may decide to accept or reject; or
6.1.2 notify you that we are unable to fulfill the order.
If you reject our offer of an alternative product or we are unable to fulfill the order, we shall have no further liability to you unless we have already taken payment for the product(s), in which case we shall refund payments already taken from you for the relevant product(s).
6.2 If it is not possible to deliver the product within the delivery period indicated, we shall refund you the paid purchase price on request.

7. PRICE AND PAYMENT

7.1 The price of any products will be as quoted in the B&O Play Store from time to time, except in cases of obvious error.
7.2 These prices exclude any sales tax and delivery costs, which will be added to the total amount.
7.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
7.4 The B&O Play Store contains a large number of products and it is always possible that, despite our best efforts, some of the products listed in the B&O Play Store may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product´s correct price is higher than the price stated in the B&O Play Store, we will normally, at our discretion, either contact you for instructions about whether you wish to purchase the product at the higher price before dispatching the product, or reject your order and notify you of such rejection.
7.5 We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mis-pricing.
7.6 We accept payment with American Express, Master Card, Discovery, Visa and PayPal. We are under no obligation to deliver the products until we have received payment from you.

8. OUR REFUNDS POLICY

8.1 With regards purchases of product from the B&O Play Store, note that you shall have a period of fourteen (14) days following your receipt of product to examine it to confirm that it conforms to these Terms and the offer made by Arvato. You may reject the product by returning it to the Distribution Center of Arvato along with a copy of the receipt or other proof of purchase if the product does not conform to the terms of these Terms and the offer made by Arvato. After Arvato has received your valid return, Arvato will either: (i) credit to the credit card or Paypal account used to pay for the product an amount equal to the value of the product (as determined by Arvato in its reasonable discretion), or (ii) provide another remedy which Arvato determines in good faith is appropriate in the specific circumstances. Lastly, note that all claims whether based on contract, negligence, strict liability or otherwise are waived unless made in writing and received by B&O within thirty (30) days after your receipt of product. The return/exchange can be initiated by contacting Customer Service at: http://beoplay.com.
8.2 We do not offer VAT refunds for orders placed online at http://beoplay.com. The price applicable is the price set out next to the product in question on the website on the date of ordering.

9. IMPORT DUTY

If you order Products from the B&O Play Store for delivery outside the United States they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

10. INTELLECTUAL PROPERTY RIGHTS

10.1 Products offered in the B&O Play Store are the intellectual property of B&O. You may not remove any copyright, trademark or intellectual property notices contained which forms part of any product.
10.2 We are the owner or the licensee of all intellectual property rights in the B&O Play Store including the Service and in the material published on the Site. Those works are protected by copyright, trademark, database rights and other such intellectual property laws and treaties around the world. All such rights are reserved.
10.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
10.4 If you print off, copy or download any part of the B&O Play Store in breach of these Terms, your right to use the B&O Play Store will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
10.5 Using the B&O Play Store does not give you permission to link to it or to use any of the trademarks, designs, get-up and/or logos contained within it. Upon our request, you must discontinue any link to our Site.
10.6 The B&O Play Store and all logos on the Site are business names and marks which are the property of us, B&O or of third parties who have licensed such logos to us or B&O.
10.7 We may in our sole discretion terminate your account or your access to the Site if we determine that you have violated the intellectual property rights of Arvato, B&O or any third party who may have licensed such rights to us or B&O.

11. THE B&O PLAY STORE CHANGES REGULARLY

We aim to update the B&O Play Store and maintain the Services regularly, and may change the content at any time. If the need arises, we may suspend access to the B&O Play Store or the Services, or close it indefinitely. Any of the material on the B&O Play Store may be out of date at any given time, and we are under no obligation to update such material.

12. LIMITATIONS ON OUR LIABILITY

12.1 Disclaimer of Warranties: We disclaim all warranties, express or implied, regard¬ing the products, including any implied warranties of merchantability or fitness for a particular purpose.
12.2 Limitation of Remedies: If a product is defective, your exclusive remedy is limited to the repair or re¬place-ment of the defective product in accordance with B&O’s warranty accompanying that product, if any.
12.3 Limitation of Damages: Our entire liability for any defective product shall not exceed the purchase price you have paid for the defective product. This limitation applies even if we cannot or do not repair or replace any defective product and your exclusive rem¬edy fails of its essential purpose.
12.4 No Consequential or Other Damages: We have no liability for general, consequential, incidental, punitive or special damages, even if notified of the possibility of such damages.
12.5 The B&O Play Store and Service is provided "AS IS" and “AS AVAILABLE”. Whilst we have taken every care in the preparation of the content of the B&O Play Store, we cannot guarantee that it is accurate or error-free. We will not be responsible for any errors or omissions or for any technical difficulties you may experience with the B&O Play Store. Except as set out in this clause 12, all conditions, warranties and representations, expressed or implied by statute, common law or otherwise, in relation to the supply, non supply or delay in supplying the Services are excluded to the extent permitted by law (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT). THIS MEANS THAT WE MAKE NO PROMISES THAT:
· THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME,
· THE SITE WILL MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS;
· THE INFORMATION ON THE SITE WILL BE ACCURATE OR UP-TO-DATE;
· THE SITE OR THE INFORMATION TRANSMITTED TO OR FROM IT OR STORED ON IT WILL BE SECURE FROM UNAUTHORIZED ACCESS;
· INFORMATION AND MATERIALS THAT YOU STORE IN YOUR ACCOUNT OR ON THIS SITE WILL REMAIN RETREIVABLE AND UNCORRUPTED; OR
· THE SITE WILL BE UNITERRUPTED OR ERROR-FREE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
YOU AGREE THAT USE OF THIS SITE IS AT YOUR OWN RISK. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THIS SITE IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION (INCLUDING PRICING) AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THIS SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THIS SITE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, SUPPORT DOCUMENTATION, BY OUR CUSTOMER SERVICE AND SUPPORT AGENTS, AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS.
THESE DISCLAIMERS APPLY TO US AND OUR RESPECTIVE AFFILIATED AND RELATED COMPANIES, INCLUDING B&O, AS WELL AS THIRD PARTIES THAT ARE INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE B&O PLAY STORE AND THE SERVICE, AND ANY OF THEIR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS.
IF YOU ARE DISSATISFIED WITH THIS SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THIS SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES.
IN NO EVENT WILL WE, B&O OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THIS SITE (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THIS SITE) OR THE SERVICES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, B&O, AND OF ANY OF OUR OR THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF THIS SITE OR SERVICES, WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO US, IF ANY, FOR USE OF THE SITE, OR, IF APPLICABLE, FOR USE OF THE SPECIFIC SITE FEATURE OR SERVICE FROM WHICH THE CLAIM IN QUESTION FIRST AROSE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, B&O, AND OUR AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
12.6 Neither we nor B&O shall be liable to any person for any loss or damage which may arise from the use or misuse of the B&O Play Store or any of the materials on the B&O Play Store (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill). Nothing in these Terms shall operate to exclude or restrict our liability for:
12.6.1 death or personal injury resulting from negligence;
12.6.2 fraud or deceit; or
12.6.3 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
You agree to indemnify, defend and hold us and our affiliates, B&O and our and their respective members, directors, officers, affiliates, employees and agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys' fees, arising from your use of this Site, your submissions to this Site, or any violation of these Terms, or applicable law, by you or by someone accessing the Site via your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms and the termination of your use of this Site.

13. INFORMATION ABOUT YOU AND YOUR VISITS TO THE B&O PLAY STORE

We process information about you in accordance with our Privacy Policy, available at http://www.beoplay.com/privacy-and-cookies. Please read our Privacy Policy carefully. By using the B&O Play Store and/or our Service, you consent to such processing of your personal data and you represent and warrant that all data provided by you is accurate and complete. Further you accept that communications with us will be mainly electronic, and that the communications between you and us via this Site use electronic means, whether you visit this Site or send us an email, or whether we post notices on this Site or communicate with you via email. You hereby consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

14. VIRUSES, HACKING AND OTHER OFFENCES

14.1 You must not misuse the B&O Play Store or the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the B&O Play Store or the Service, the server on which the B&O Play Store or the Service is stored or any server, computer or database connected to the B&O Play Store. You must not attack the B&O Play Store or the Service via a denial-of-service attack or a distributed denial-of-service attack. You must not "harvest" (or collect) information from the Site using an automated software tool or manually on a mass basis. This includes, for example, information about other users of the Site and information about the offerings, products, services and promotions available on the Site. You must not restrict or inhibit another user or users from using and enjoying this Site. You also must comply with all applicable laws and contractual obligations when you use this Site. 14.2 We may report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the B&O Play Store and our Service will cease immediately. 14.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the B&O Play Store and our Service or to your downloading of any material posted on it, or on any website linked to it.

15. LINKS FROM THE B&O PLAY STORE

Where the B&O Play Store contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

16. WAIVER

16.1 If we fail, at any time, to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms of sale shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 (Information About You and Your Visits to the B&O Play Store) above.

17. ALTERATIONS TO THESE TERMS

The website http://beoplay.com (the “Site” or “B&O Play Store”) is operated by Arvato Digital Services LLC ("we", "us", "our" or “Arvato”), which has a principle place of business is 29011 Commerce Center Drive Valencia, CA 91355, USA. We are an authorized B&O reseller.

18. FORCE MAJEURE

18.1 We will not be liable or responsible for any failure or delay in performance that is caused by events outside our reasonable control (a "Force Majeure Event"). 18.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: 18.2.1 strikes, lock-outs or other industrial action. 18.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. 18.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. 18.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. 18.2.5 impossibility of the use of public or private telecommunications networks. 18.2.6 the acts, decrees, legislation, regulations or restrictions of any government. 18.3 Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.

19. NOTICES

All notices given by you to us must be given to Arvato Digital Services LLC, 1700 Broadway, 26th Floor, New York, NY 10019, USA or by email. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, the email address associated with your B&O Play Store account, or in any of the ways specified in clause 13 (Information About You and Your Visits to the B&O Play Store) above. Notice will be deemed received and properly served immediately when posted in the B&O Play Store, twenty-four (24) hours after an e-mail is sent, or five days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the address.

20. SEVERABILITY

If any of these terms of sale are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

21. JURISDICTION AND APPLICABLE LAW

We control and operate this website from our facilities in the United States of America, and unless otherwise specified, the materials displayed on this website are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions, and protectorates. We do not represent that materials on this Site are appropriate or available for use in other locations. If you choose to access this Site from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms, and the relationship between you and us, will be governed by the laws of the United States and the State of New York, without giving effect to any principles of conflicts of law. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you and we nevertheless agree that the court should endeavor to give effect to intentions as reflected in the provision, and the other provisions of these terms and conditions will remain in full force and effect. ANY DISPUTE NOT INITIATED IN SMALL CLAIMS COURT WILL BE LITIGATED BY EITHER PARTY IN A COURT OF COMPETENT JURISDICTION ONLY IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK OR, IF SUCH COURT WOULD NOT HAVE JURISDICTION OVER THE MATTER, THEN ONLY IN A NEW YORK STATE COURT SITTING IN THE BOROUGH OF MANHATTAN, CITY OF NEW YORK. EACH PARTY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THESE COURTS AND AGREES NOT TO COMMENCE ANY LEGAL ACTION UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THIS TERMS OF USE IN ANY OTHER COURT OR FORUM. EACH PARTY WAIVES ANY OBJECTION TO THE LAYING OF THE VENUE OF ANY LEGAL ACTION BROUGHT UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THIS TERMS OF USE IN THE FEDERAL OR STATE COURTS SITTING IN THE BOROUGH OF MANHATTAN, CITY OF NEW YORK, AND AGREES NOT TO PLEAD OR CLAIM IN SUCH COURTS THAT ANY SUCH ACTION HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

Thank you for visiting the B&O Play Store.