1. Scope & Application
These Terms of Sale (these “terms”) apply to all offers, sales, and purchases of Black Widow Audio Designs Products (or the “Product”) sold through Black Widow Audio Designs, LLC or its website, www.hearblackwidow.com. We reserve the right to change, update or modify these terms at any time.
The words “WE”, “US” or “OUR” are intended to mean Black Widow Audio Designs, LLC. and its affiliates. The words “YOU” or “YOUR” are intended to mean the purchaser of a product through Black Widow Audio Designs or its website.
2. 18-Day Money-back Satisfaction Guarantee
All Black Widow Audio Designs products come with an 18-day money-back satisfaction guarantee. If for any reason you are dissatisfied with your purchase you may contact us within 18 days for an RMA number. Once we receive the product in its original condition with its original packaging, we will issue a full refund, less shipping costs. This guarantee only applies to new products; Demo units, b-stock, tubes and merchandise are excluded.
2.1 This offer is valid only once per person, per product. If you purchase the same product a second time, that sale is final.
2.2 If you are dissatisfied in any way, please contact us within 18 calendar days from date of purchase. We will issue you an RMA (Return Material Authorization) number so the product can be returned. You must return the product within 10 business days from the date we issue the RMA.
2.3 Failure to obtain an RMA number, failure to return the product to address provided with the RMA, and/or products not received within 10 business days may be subjected to a 15% restocking fee or may be rejected at our discretion.
2.4 The product must be returned in its original condition with its original packaging, tubes, power cord, manual and accessories. Any damage will result in a repair fee and restocking fee of 15%.
3. Order Placement, Acceptance and Cancelation Policy
3.1 All prices given directly by Black Widow Audio Designs, LLC. or one of its employees or officers or listed on this Site are subject to availability. We do not warrant that the prices, quotations, anticipated delivery dates, selling territory and descriptions made or referred to by us, on this Site, or any other website are accurate, current, reliable or error-free. The prices do not constitute an offer and we reserve the right to withdraw them at any time prior to your order Acceptance.
3.2 We make every effort to ensure the products appearing on this Site are available; however, we cannot guarantee that these products are in stock or available when you submit your order. We reserve the right to reject or cancel your order without liability if we are unable to process or fulfill it. If this is the case, then we will refund any prior payment that you have made for that order.
3.3 An order submitted by you is considered an offer by you to us to purchase that order on these Terms and is subject to our Acceptance. Prior to our acceptance, you may receive an automatically generated email Acknowledgement of your order. This does not mean your order has been formally accepted by us.
3.4 Our Acceptance of your order takes effect and the contract is concluded at such a time when we have (a) received payment of the purchase price of your order, including shipping costs and applicable taxes, through settlement of funds via your provided credit card or other payment method, and (b) your order has been dispatched (“Acceptance”).
3.5 After Acceptance, you may not modify or cancel your order without prior written consent from Black Widow Audio Designs, LLC. However, we reserve the right to cancel your order at any time for any reason after payment has been received and prior to shipment. If this is the case, then we will issue you a refund of any prior payment you have made for that order.
3.6 For any “pre-orders” of our products, as specifically identified on the Site, you are permitted to cancel your pre-order for any reason up until the order has been shipped (“Cancelation Policy”).
4. Pricing and Payment
4.1 All prices do not include shipping and handling, taxes, duty or levy, VAT or expedited service, if applicable, which will be added to your total price. Should the price be incorrect, whether in error or otherwise communicated to you, then we reserve the right to cancel your order and refund the amount that you paid, regardless of how the error occurred.
4.2 Prices payable for products or services are those in effect at the time of dispatch, unless otherwise expressly agreed. The authoritative price is the price that is notified to you on our Acceptance, not the price listed on this Site or on an order acknowledgement.
4.3 We reserve the right at any time prior to our Acceptance to withdraw any discount and/or to revise prices. This may occur, without limitation, when costs of materials, taxes, duty or levy, labor, shipping or exchange rates occur. We reserve the right to notify you of any mistakes in the information listed on the Site, promotional materials, or errors in pricing before the order has been dispatched. In this case should you choose to continue with your order, you acknowledge that the order will be provided in accordance with such revision to the information and/or corrected price.
4.4 The places we deliver orders to are listed on the Site (“Territory”).
4.5 Payment must be received prior to dispatch and only by those payment methods listed on the Site. Other means are not acceptable unless we have given our expressed prior agreement.
4.6 We will charge credit or debit cards upon Acceptance and prior to shipment of the order. We reserve the right to verify credit or debit card payments prior to Acceptance.
5.1 The delivery dates and timescales specified on the Site, by us, in any order acknowledgement, Acceptance or elsewhere are estimates only. We use all reasonable efforts and means to deliver orders in a timely manner. As such, we are not liable to you in respect of delays or failure to meet these dates or timescales.
5.2 All orders must be delivered to a valid address within the Territory submitted by you and subject to Acceptance. You must check the shipping address on any order acknowledgement and Acceptance we provide, and you must notify us of any errors or omissions without delay. Failure to do so may result in extra charges for costs incurred by us as a result of errors and omissions of the shipping address that have been submitted with your order.
5.3 The risk of loss of or damage to the products in your order is transferred to you on delivery or when placed in your possession or that of any carrier or transport provided by you, whichever occurs first.
6. Rejection, Damage Or Loss In Transit; Exchange Policy
6.1 If your product arrives damaged, you must notify the carrier and us within 5 days after receiving the order.
6.1.2 We are not responsible for damage as a result of improper use of the product, negligence, improper installation, use with other defective equipment, or accident.
6.1.3 If we short your order or the order doesn’t arrive, we may, at our sole discretion, make good on the shortage or non-delivery.
6.1.4 If your order arrives damaged, we may, at our sole discretion, replace, exchange, or repair the Product upon you returning and us receiving the defective/damaged item.
6.2 Exchange Policy Procedures: If the product arrives damaged and the damage meets 6.1.2, or the order wasn’t received or was short, email us at email@example.com and notify us of the details of the damage. We will arrange for the product to be returned. The product must be returned with its original packaging, tubes, power cord and manual and accessories. When we receive the returned product (with its original packaging, tubes, power cord and manual and accessories) and have assessed the damage, we will ship a replacement product to you as soon as we reasonably can.
6.3 Exchange Policy Limitations: We are not liable for and will not exchange or repair the product or parts of the product under the following conditions: (a) the product has been modified or altered by anyone other than us; (b) the damage of the returned Product doesn’t match the damage you described in 6.2; (c) the damage is caused by improper treatment, accident, improper use or storage, installation, failure to follow instructions or directions given by us in the accompanied documentation or direct communication.
7. Liability Limitation
TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE: (A) OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCT YOU ORDERED AND THAT ARE MOST CLOSELY RELATED TO YOUR DAMAGES; AND (B) IN NO EVENT SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER.
8. Product Specifications; Disclaimer Of Warranties
8.1 All Product specifications, illustrations, drawings, particulars, dimensions, performance data and other information on the Site or made available by us are intended to represent no more than a general illustration of the Product and its features and do not constitute a warranty or representation by us that the Product will conform with the same.
8.2 THE LIMITED WARRANTIES APPLICABLE TO THE PRODUCT CAN BE FOUND IN THE DOCUMENTATION PROVIDED WITH YOUR PRODUCT. TECHNICAL OR CUSTOMER SUPPORT OR ASSISTANCE IS NOT WARRANTIED AND IS PROVIDED TO YOU “AS IS”, WITHOUT REPRESENTATIONS OR CONDITIONS OF ANY KIND. YOU BEAR ALL RISKS RELATING TO THE USE AND PERFORMANCE OF THE PRODUCT AND ASSUME THE ENTIRE COST OF NECESSARY SERVICING, REPAIR OR CORRECTION, EXCEPT AS SET FORTH IN THE LIMITED WARRANTIES APPLICABLE TO THE PRODUCT AND/OR THE EXCHANGE POLICY. THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.
9. Consents, Customs Duties & Export
9.1 If any license or consent of any government or other authority is required for the acquisition, carriage or use of the Product by you in any part of the Territory, you shall obtain such license or consent at your own expense and if necessary produce evidence to us on demand. Any additional expenses or charges incurred by us resulting from such failure shall be met by you.
9.2 Product licensed or sold to you under these Terms may be subject to export control laws and regulations in the Territory or other relevant jurisdiction where you take delivery or use the Product. You shall be responsible for complying with those laws and will not do anything to breach them.
9.3 Items entering the European Economic Area (EEA) from outside over a certain value may be subject to customs charges (e.g. where costs are in excess of your personal import allowance). You may be subject to customs charges, import duties and taxes, levied when the Product reaches your specified destination. Any such additional charges for customs clearance or import duties or taxes must be met by you, since we have no control over what these charges are. You should contact the local customs office in the relevant jurisdiction for further information on customs policies or duties.
We shall not be liable to you nor held in breach of contract for any loss or damage which may be suffered as a direct or indirect result of us being prevented, hindered or delayed in the performance by reason of any circumstances beyond our reasonable control including (but not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labor disturbance, breakdown of plant or machinery, interruption in the supply of power or materials and in such event we may elect to cancel your order and refund any payments made. You acknowledge that these Terms supersede and cancel all previous contracts, agreements and working arrangements whether oral or written, express or implied, between us. These Terms prevail over any other terms or conditions contained in or referred to elsewhere or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted. To the fullest extent permitted under applicable law, we reserve the right to modify these Terms upon prior written notice to you with effect for the future – subject to your right to reject, by way of written notice, our modifications to these Terms with respect to any orders for which Acceptance, but not yet fulfillment, has occurred. No waiver of any term or condition of these Terms shall be effective unless made in writing and signed by us. The waiver of any breach of any Term shall not be construed as a waiver of any subsequent breach or condition. The construction validity and performance of these Terms shall be governed by the laws of the State of Missouri and the parties submit to the exclusive jurisdiction of St. Louis County, Missouri in the event of legal proceedings arising from any dispute.