Terms Of Sale
Last updated: 26 April 2022
Effective As Of: 1 April 2022
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE ORDERING PRODUCTS ONLINE FROM TEQBALL USA LLC’S WEBSHOP. PLEASE, NOTE THAT THESE TERMS OF SALE INCLUDE THE ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE.
These terms of sale (“Terms of Sale”) apply to purchases made in the United States on TEQBALL USA LLC’s webshop (www.teqshop.us; hereinafter the “Website”). These Terms of Sale create a legally binding agreement between you and TEQBALL USA LLC (herein, "TEQBALL USA", "we" or "us" as the context may require) regarding orders placed for products available via the Website (the “Products”).
With regard to your purchases on the Website, we will communicate electronically by sending email or posting electronically. You agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing. Please note that these Terms of Sale give you specific rights, and you may have other rights, which vary from jurisdiction to jurisdiction.
Information contained in TEQBALL USA's advertising, brochures or other written materials, on the Website or otherwise provided to you, is for information only and not an offer by TEQBALL USA to supply any Products.
BY PLACING AN ORDER FOR PRODUCTS, YOU AGREE TO BE BOUND BY AND ACCEPT THESE TERMS OF SALE.
2. PLACING AN ORDER
Please note that we only deliver the Products within the United States (50 states and the District of Columbia).
To place an order on the Website, you must:
- Be at least 18 years of age and a consumer – not a reseller;
- Provide your name and address, phone number, email address, payment details, billing information and other required information;
- Provide a delivery address in the United States (not including Hawaii, Alaska, American Samoa, Baker Island, Guam, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Northern Mariana Islands, Palmyra Atoll, Puerto Rico, Virgin Islands U.S., Wake Island); and,
- Be the owner or authorized user of a valid debit/credit card or other method of payment accepted by TEQBALL USA.
You may place an order by clicking on the "Add to cart" button and proceeding to the checkout page.
The Website is intended solely for TEQBALL USA to sell the Products direct to end consumers, and therefore purchase of Products for resale is strictly prohibited. Purchase for resale means the purchase of Products by someone who resells, or intends to resell, the Products to others (consumers, businesses or any third party). If TEQBALL USA believes you are involved in purchase for resale, TEQBALL USA reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.
3. ORDER PROCESSING AND CONTRACT FORMATION
You agree that your order is an offer to buy the Products listed in your order under these Terms of Sale. All orders must be accepted by TEQBALL USA. When you submit an order on the Website, we will send you an email acknowledging receipt of your order. Acceptance of your order and the formation of the contract between TEQBALL USA and you containing these Terms of Sale (“Contract”) will not take place until we have shipped the Products to you – we will send you an email confirming the Products have been shipped.
Fulfillment of all orders on the Website is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract that we cancelled:
- the Product you ordered is not available / in stock;
- your billing information is not correct or not verifiable;
- your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
- your bank transfer payment is not received within 12 calendar days after receipt of your order;
- we believe you are under the legal age in your jurisdiction;
- we believe that you are a reseller;
- there was an error in the price displayed on the Website;
- we could not deliver to the address provided by you;
- due to an Event Outside Our Control (see below); or
- in the event of misspelling, pricing or other errors or mistakes in the Website information.
We also reserve the right to limit, via technical means or otherwise, the maximum quantity of a given Product allowed to be purchased in an individual order.
If you would like to cancel an order, please contact TEQBALL USA’s customer service sending an email to email@example.com. When reaching out to us, please indicate i) your name, ii) email address, iii) account ID if you have a user account registered with us, iv) phone number, v) address (address, city, state, ZIP code), vi) product category (TEQ Tables, Accessories, Merchandize), vii) product name (as displayed in your order confirmation email) and viii) order number. TEQBALL USA cannot guarantee cancellation requests for all orders (with the exception of the cancellation right set out in section 5 and the exceptions set out in the applicable law). In the event we are unable to cancel your order, you may be able to return an item for a full refund. For more information about returning items, please refer to our Return Policy.
As note above, purchases made through the Website are intended for end users (customers; B2C relations) only and are not authorized for resale other than as second hand, used equipment. In case, you decide to resale the product to another person, the Warranty Policy won’t be applicable.
4. PRICES, SHIPPING AND HANDLING, CHARGES AND TAXES
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 the order receipt and order confirmation emails. TEQBALL USA may change prices at any time without notice. Price increases will only apply to orders placed after such changes.
TEQBALL USA charges sales tax where required by law. If you are shipping to states where sales tax is charged, the appropriate charges will be added to your merchandise total and displayed in your order. Prices for the Products include charges for shipping and handling in case the sum total of your shopping cart exceeds USD 99. If the sum total is less than USD 99, the shipping and handling costs will be separately charged to you.
Separate charges will be itemized in your shopping cart and on your confirmation email.
5. PRODUCT AVAILABILITY AND DELIVERY, CIRCUMSTANCES BEYOND REASONABLE CONTROL
TEQBALL USA does not guarantee the availability of any Product on the Website. TEQBALL USA reserves the right, without liability or earlier notice, to change, discontinue or stop making or selling any Product.
We will provide you with the information on the latest expected delivery date which will not exceed 90 days. If shipping is not performed within 90 (ninety) days of making the order, you shall be entitled to cancel that order and get a full refund of all payments made in consideration of the Products. Should you wish to exercise this right, please send us an email to firstname.lastname@example.org or use our contact us form. When reaching out to us, please indicate i) your name, ii) email address, iii) account ID if you have a user account registered with us, iv) phone number, v) address (address, city, state, ZIP code), vi) product category (TEQ Tables, Accessories, Merchandize), vii) product name (as displayed in your order confirmation email), and viii) order number. Our customer service associates will contact you regarding the next steps.
In case you unreasonably defer delivery or delay or reject the receipt of delivery after we have notified you that we have tried to deliver the ordered items to you, or if you have provided us with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us.
Delivery options are defined in checkout and may change. Delivery based on the option selected is not guaranteed. Reimbursement for payment of the express delivery price, if an express delivery option is available, will occur if the service requested was not delivered on time. If the items remain undelivered and are returned to us undelivered, we consider that you have exercised your right to cancel the contract and when we receive the returned delivery package we will refund you in accordance with our Return Policy less the reasonable additional costs incurred by TEQBALL USA.
Customers desiring to return or refuse delivery will be best serviced by receiving the delivery, initiating a return request by following the return instructions of our Return Policy.
TEQBALL USA shall not be held responsible for delay or failure to perform if the delay or failure is caused by any circumstances beyond its reasonable control including but not limited to acts of war or terror, strikes, national or local states of emergency, pandemic, epidemic, failure of transportation facilities, power or utility outages, earthquakes, or other natural disasters (“Events Outside Our Control”).
6. COMPATIBILITY, PRODUCT INFORMATION
When placing your order please ensure that the Products you purchased are compatible for the intended use. Please use the information provided on the Website as reference when checking compatibility. In the event of a difference between the Website content and any other source of information, the compatibility of Products as shown on the Website at the time of purchase will be seen as taking precedence. We encourage you to examine the delivery package and received items as soon as possible after they are delivered to you and check their condition and that the content of the delivery package is complete.
Payment shall be made by a credit, debit card, or other method of payment approved by TEQBALL USA (e.g. Google Pay, Apple Pay, Pay Pal). Approved method of payments (including approved credit and debit card types) are listed in the Website and in the Return Policy. You have to supply your payment details when you place your order. If you use a credit card, your credit card may not be accepted if: (i) the name on the credit card does not match the billing name given or (ii) the billing address given does not match the bank records. You will be charged on shipment of the ordered products. We will not supply the items to you until your card issuer has authorized the use of your card for payment of the ordered Products. We recommend that you save and print your order confirmation for your potential future use.
Buy Now & Pay Later
You may have the option to choose a one-time offer to purchase 1 (one) Product with a split payment method, in 4 installments (1st installment payable upon checkout, all other installments payable on a biweekly basis), at no extra charge or interest. This option is only available for the given Product if its product page and/or checkout page specifically indicates so. You may not request the use of this financing option for other Products. The initial amount that is payable upon checkout using the method(s) described above, the biweekly installments, and the dates of charging of those installments are detailed in the payment details of the checkout.
Purchasing a Product eligible for split payment does not affect or apply to the payment of the other Product(s) in the same Order not eligible for split payment. If you order a Product eligible for split payment together with other Products not eligible for split payment, upon checkout, you shall pay the first installment of the Product eligible for split payment, and the entire purchase price of the latter Product(s).
If you cancel your order for or return a Product eligible for split payment under this section and the Buy Now & Pay Later Terms, the instalments already paid will be reimbursed to you only upon our receipt of the Product in question.
Should you wish to choose this payment method, please read our detailed Buy Now & Pay Later Terms which form part of these Terms of Sale.
8. TITLE TO PRODUCTS
The title and risk of loss for Products purchased online will pass to you upon your authorized receipt of those Products. Title to Product(s) will not transfer until full payment has been received.
9. RETURN AND REFUND, OTHER OPTIONS
If you have bought Products for your own private use as a consumer and want to return the items you have purchased, please send us a return request within thirty (30) calendar days after the date of receipt of the delivery to email@example.com, correctly follow the return instructions on the return provided to you by us.
If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged in transportation, please contact TEQBALL USA immediately by following the technical steps and instructions of our Return Policy.
You must include all accessories, user manuals and any free gifts, if applicable, that came in the same package.
Where a Product has been purchased as a part of a bundle of multiple Products, all multiple Products within that bundle must be returned.
Please treat the Products with care and return them in the condition that they were delivered to you.
Please use, if possible, the original delivery package or pack the Products securely and print out and place the return label on the outside of the packing used for shipping.
Refund can only be processed once we have received all the Products to be returned.
Please note that we do not cover costs associated with you returning the relevant Products.
If you return Products: 1) that you are not entitled to return, 2) that are not in their original condition (normal wear & tear resulting from the proper assembling, unpacking and use of the Product is included in the definition of original condition), 3) that are without proper or missing packaging, 4) with items missing from the return delivery, 5) without following our return instructions, or 6) without exercising reasonable care when taking care of and returning such Products, we reserve the right either to reject your return and decline to refund or to deduct from those payments to be refunded to you reasonable repair or other similar direct costs that we have incurred, subject to applicable law.
If your return has been accepted, we will refund you the purchase price you have actually paid for the items less any depreciation in value, as assessed by us upon receipt of the Product returned, by crediting the account used to place the order within eight (8) business days calendar after the date of receipt of the delivery.
Please note that TEQBALL USA will only process returns and refunds for items bought on the Website.
Please note that this section does not explain all aspect of the return process in detail. For detailed information on returns, please refer to our Return Policy.
10. LIMITED WARRANTY
TEQBALL USA provides a limited warranty on certain Products. To read more about our limited warranty, please refer to our Warranty Policy.
11. PERSONAL DATA
12. OUR LIABILITY
These Terms of Sale set out the full extent of our obligations and liabilities in respect of the sale of our Products.
EXCEPT FOR THE EXPRESS LIMITED WARRANTY FOR THE PRODUCT PURCHASED (IF ANY) AND AS PROHIBITED BY THE APPLICABLE LAW, TEQBALL USA AND THE TEQBALL GROUP DISCLAIM ANY IMPLIED WARRANTY, INCLUDING THE WARRANTY OF MERCHANTABILITY OR THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. TEQBALL USA AND THE TEQBALL GROUP FURTHER DISCLAIM ANY IMPLIED OR EXPRESS WARRANTY OF, AND ASSUMES NO RESPONSIBILITY FOR, DEFECTS IN WORKMANSHIP CAUSED BY THIRD PARTIES WHO ARE NOT ACTING ON TEQBALL USA’ AND THE TEQBALL GROUP’S BEHALF OR MODIFICATIONS MADE TO THE PRODUCTS BY ANYONE OTHER THAN TEQBALL USA AND THE TEQBALL GROUP OR THOSE AUTHORIZED BY US, EXCEPT AS PROHIBITED BY APPLICABLE LAW. TEQBALL USA AND THE TEQBALL GROUP FURTHER DISCLAIM ALL LIABILITY AND DAMAGES OF ANY KIND RELATED TO USE OF PRODUCTS IN ANY MANNER WHICH IS NOT CONSISTENT WITH THE PRODUCT'S INTENDED USE (SEE MORE ON THE INTENDED USE BELOW), EXCEPT AS PROHIBITED BY APPLICABLE LAW. THESE TERMS OF SALE GIVE THE CONSUMER SPECIFIC LEGAL RIGHTS; A CONSUMER MAY HAVE OTHER RIGHTS DEPENDING UPON WHERE HE OR SHE LIVES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATIONS ON HOW LONG A WARRANTY LASTS, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO EVERYONE (FOR PURPOSES OF THIS SECTION 12 “APPLICABLE LAW”).
EVEN IF A PRODUCT IS IN PERFECT CONDITION AND IS NOT DEFECTIVE, SERIOUS DAMAGE IN PROPERTY, BODILY INJURY, DETERIORATION IN HEALTH, OR DEATH MAY RESULT FROM NOT FOLLOWING THE INSTRUCTIONS IN THE OWNER’S MANUAL. IN SUCH CASE, TEQBALL USA AND THE TEQBALL GROUP DISCLAIM ANY AND ALL LIABILITY.
IN ALL CIRCUMSTANCES, AND TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW, TEQBALL USA DISCLAIMS ALL POTENTIAL, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGE SUFFERED IN RELATION TO THE PRODUCT, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH BEFOREHAND.
WITHOUT PREJUDICE TO THE FOREGOING, TEQBALL USA’S LIABILITY IN CONNECTION WITH OR ARISING FROM THESE TERMS OF SALE AND THE PRODUCT SHALL NOT EXCEED, IN AGGREGATE, THE PURCHASE PRICE OF THE RELEVANT PRODUCT ACTUALLY PAID BY THE CUSTOMER.
If any provision or provisions of these Terms of Sale shall be held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
14. GOVERNING LAW
These Terms of Sale shall be governed and construed in accordance with laws of the State of California, USA.