Takeoff Point LLC Online Sales Terms & Conditions
THIS AGREEMENT GOVERNS YOUR PURCHASE OF PRODUCTS FROM TAKEOFF POINT LLC ("Sony"). PLEASE READ IT CAREFULLY. NO OTHER TERMS APPLY. BY SUBMITTING YOUR ORDER YOU ARE AGREEING TO THESE TERMS.
THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IF YOU WISH TO OPT OUT OF THESE PROVISIONS, PLEASE FOLLOW THE INSTRUCTIONS IN THE DISPUTE RESOLUTION SECTION BELOW.
"Product" means any item offered for sale or licensing on the Website or Sony's direct sales materials (ads, catalogs, specifications sheets, etc.), including but not limited to hardware devices, software, accessories, configurations of hardware and software, and all associated documentation.
"Website" means the Sony website located at https://shop.spresense.com
The terms and conditions herein may NOT be altered, supplemented, or amended by the use of any additional document(s) that purport to be an agreement of the parties. Any attempt to supplement or amend these terms and conditions or to enter an order for Product(s) which is subject to additional or altered terms and conditions shall be null and void.
Orders/ Acceptance by Sony/Acceptance of This Agreement by You:
All orders of Products placed by you with Sony are non-cancelable and shall be subject to acceptance by Sony. Sony reserves the right to reject any order you place with us, and/or to limit the quantities on any order. Notwithstanding any order confirmation or other communications sent by Sony, your order shall not be deemed accepted by Sony until shipment of the products ordered. Your submission of your order shall constitute your full acceptance of these terms and conditions. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT SUBMIT AN ORDER.
With respect to Sony branded Products, Sony makes no warranties except those stated in the Sony limited warranty cards included with the Products. With respect to third party (i.e. non-Sony branded) Products, such Products are sold by Sony AS IS. However, the third party manufacturer or supplier of these Products may offer its own warranties, and you agree to look solely to such manufacturer or supplier for any warranty related claims. SONY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT.
Software License Terms:
All software (including pre-loaded software contained in hardware) is provided subject to such software's end user license agreement. You agree that you will be bound to such agreement.
Payment Terms; Price Confirmation/Billing Errors:
Unless otherwise indicated, the purchase price of Products will be billed in full at the time of Product shipment. Sony will charge credit cards upon shipment. Sony accepts MasterCard, Visa, American Express and Discover. [CONFIRM] (Correct we do not accept the forms of payments you mentioned) Sony does not accept cash, COD, purchase orders, personal checks or the Sony Preferred Card unless specific arrangements have been made for business sales. Sony payment terms are subject to change without notice at Sony's sole discretion. For orders from the Website, we confirm the price of a Product as part of our order processing procedures. In the unlikely event that a price stated on a Sony Website or direct sales materials are incorrect, then the following applies: If a Product's correct price is lower than our stated price, we charge the lower price and ship you the Product. If a Product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Sony continually updates and revises Products. Sony may revise and/or discontinue Products at any time. Changes in Products shipped and Products described on Sony websites and/or direct sales materials are possible. Sony Products are new unless specified as refurbished.
Coupons & Promotional Codes:
You may not use coupons or promotional codes toward the purchase of refurbished Product, shipping & handling or sales tax.
Coupons and promotional codes are non-transferable, may only be used once and may not be redeemed for cash or credit. Coupon codes must be provided at time of redemption through the Website. Coupon and promotional code offers are void where prohibited, taxed or restricted by law. Lost coupons and promotional codes cannot be replaced. Coupon and promotional code offers are valid only in the United States, excluding territories. Coupon/promotional code programs may be terminated or modified by Sony at any time in its sole discretion. Unless otherwise permitted by the terms of the promotional offers, limit of one coupon/promotion code per purchase applies.
Excluding Products marked as FINAL SALE-NO RETURN or similarly, Sony's return policy allows for most Products purchased directly from the Website and shipped to locations in the United States to be returned by you after obtaining a Sony return authorization number (RMA) during the Return & Exchange Period of 14 days following date of shipment by Sony for a refund of purchase price actually paid. A restocking fee of 15% of the purchase price (“Restocking Fee”) will apply to all Products (please follow the RMA process below).
The RMA number may be obtained by calling [provide] and must be noted on the outside of the returned Product's container. RMAs are valid for only 7 days from issuance. Products must be returned with all included accessories, instruction sheets, in the original packaging and with bundled third party and/or Sony merchandise (if applicable). Shipping and handling charges are not refundable. You may be responsible for shipping charges and you may assume all risk of loss or damage to Product while in transit to Sony. If you return Product to Sony (i) without a RMA from Sony or (ii) beyond the 7 day issuance period, or (iii) without included accessories, instruction sheets, or original packaging, Sony retains the right to either refuse delivery of such return or charge you a 15% Restocking Fee of the purchase price. Please allow up to 8 weeks for Sony to credit your account.
If you have received damaged, defective or incorrectly shipped merchandise, please notify Sony promptly and within 14 days of receiving the Product.
Products that have been damaged, missing accessories, instruction sheets or with damaged packaging while in your possession are not eligible for return to Sony.
For limited warranty terms, please see to the limited warranty card that accompanies the Product.
Shipping and Handling/Risk of Loss:
Product prices do not include shipping and handling. Sony will use its discretion in selecting a reputable carrier and appropriate means of shipment. Risk of loss or damage to Products in transit is yours. In the event of Product damage or loss during transit, it is your responsibility to file a claim with the carrier.
Limitation of Liability:
BOTH YOUR AND SONY'S LIABILITY SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. IN NO EVENT SHALL EITHER YOU OR SONY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE. NEITHER YOU NOR SONY SHALL HAVE ANY LIABILITY TO THE OTHER FOR INDIRECT OR PUNITIVE DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Prices do not include any sales, local or other similar taxes. Where applicable, taxes will be shown on and added to your invoice. All such taxes shall be paid by you.
You certify and agree that you are purchasing Product(s) for your own personal use only and not for resale. You shall not resell Products or remove components from Product for resale.
Title to Product(s) other than software passes from Sony to you upon shipment from Sony's facility. Title to software shall remain with the applicable licensor(s).
Dispute Resolution (Including Binding Arbitration):
"Dispute" is defined as any disagreement, cause of action, claim, controversy, or proceeding between you and any Sony related to or arising out of the sale of the Product by Sony, your purchase and/or use of the Product, or the terms of this Agreement. Dispute is to be given the broadest possible meaning that will be enforced.
You and Sony agree that all Disputes shall be resolved exclusively through binding arbitration. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ANY DISPUTES IN COURT. You also agree that ANY DISPUTE RESOLUTION PROCEEDING WILL ONLY CONSIDER YOUR INDIVIDUAL CLAIMS, AND BOTH PARTIES AGREE NOT TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, REPRESENTATIVE ACTION, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. Despite the above, you have the right to litigate any Dispute on an individual basis in small claims court or other similar court of limited jurisdiction, to the extent the amount at issue does not exceed $15,000, and as long as such court has proper jurisdiction and all other requirements (including amount in controversy) are satisfied.
Arbitration Instructions. To begin Arbitration, either you or Sony must make a written demand to the other for arbitration. The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules, and the Supplementary Proceedings for Consumer-Related disputes when applicable ("Rules") of the American Arbitration Association ("AAA") in effect when the claim is filed. You may get a copy of AAA's Rules by contacting AAA at (800) 778-7879 or visiting www.adr.org. The filing fees to begin and carry out arbitration will be shared between you and Sony, but in no event shall your fees ever exceed the amount allowable by the special rules for Consumers Disputes provided for by AAA, at which point Sony will cover all additional administrative fees and expenses. This does not prohibit the Arbitrator from giving the winning party their fees and expenses of the arbitration when appropriate pursuant to the Rules. Unless you and Sony agree differently, the arbitration will take place in the county and state where you live, and applicable federal or state law shall govern the substance of any Dispute during the arbitration. However, the Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern the arbitration itself and not any state law on arbitration. If you purchase the Product in the United States, but subsequently live outside of the United States, arbitration will take place in the county in which you purchased the Product. The Arbitrator’s decision will be binding and final, except for a limited right of appeal under the Federal Arbitration Act. The arbitrator may award declaratory or injunctive relief only to the extent necessary to provide relief warranted by that party’s individual claim, and any court with jurisdiction over the parties may enforce the arbitrator’s decision.
Opt-Out Instructions. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION PROVISION, THEN: (1) you must notify Sony in writing within 30 days of the date that you purchased the product; (2) your written notification must be mailed to Sony Electronics Inc., 16535 Via Esprillo, MZ 1105, San Diego CA 92127, Attn: Legal Department; AND (3) your written notification must include (a) your NAME, (b) your ADDRESS, (c) the DATE you purchased the product, and (d) a clear statement that "YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY SONY ELECTRONICS ENTITY THROUGH ARBITRATION AND/OR BE BOUND BY THE CLASS ACTION WAIVER."
Opting out of this dispute resolution procedure will not affect the coverage of the Limited Warranty in any way, and you will continue to enjoy the benefits of the Limited Warranty.
The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.
Critical Components/Military Use:
The Products are not authorized for use as critical components in life support systems or situations where failure to perform can reasonably be expected to cause significant injury to users or others. The Products are not sold for Military Use, which is not permitted.
Sony shall not be liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, pandemics, epidemics, outbreaks, embargoes, strikes, labor difficulties, equipment failures, shortages or any other like or unlike causes beyond the reasonable control of Sony. Quantities are subject to availability. In the event of shortage, Sony may allocate sales and deliveries in its sole discretion.
Failure of Sony to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. If any provision of this Agreement is deemed by a court to be unenforceable, the remainder shall stay in effect.
These terms and conditions constitute the entire and exclusive agreement between you and Sony concerning the Products and your purchase hereunder and supersedes any and all statements or other agreements, whether oral or written, between you and Sony.
The trademark "SONY" and any other product names, service names or logos of SONY used, quoted and/or referenced in this Web Site are trademarks or registered trademarks of Sony Corporation or any of its affiliates. Other product names and/or company names used in the Website may be protected as their trademarks and/or trade names.
Prices do not include tax or shipping. Reseller prices may vary. Specifications, availability, prices and terms of offer are subject to change without notice. Sony is not responsible for photographic, typographic or system errors.
Rev. June 24th, 2020