Terms and Conditions
1.1 www.gorobn.com (the “Site”) is operated by Hrtbeat Audio, Inc. and its affiliates (“we” and “us”).
1.3 This Terms and Conditions apply to all transactions for the purchase of products from the Site and your subsequent use of such products. We ask that you please read these Terms and Conditions carefully before ordering from the Site. By accessing or using the Site or ordering any products from the Site you are indicating your acceptance to be bound by these Terms and Conditions. They form a legal agreement between you and us and can only be amended with our consent.
1.4 We reserve the right to change these Terms and Conditions from time to time without prior notice by changing them on the Site, provided that any such change will not affect any purchases you have made before the change is implemented.
1.5 By continuing to access or use our Site or order products from the Site after being notified of changes, you agree to be bound by the revised terms.
2. Ordering Online
2.1 All orders placed by you are subject to acceptance by us. We may choose not to accept your order for any reason whatsoever and will not be liable to you or to anyone else under those circumstances.
2.2 You may place an order to purchase a product advertised for sale on the Site by following the onscreen prompts after clicking on the product(s). You will have an opportunity to check and correct any product errors in your order up until the point of submitting your order.
2.3 After an order has been submitted to us, we will confirm your order with an order number or an order acknowledgement email. We recommend that you print and save a copy of this page with the order number for your records. Please note that this email or order number is an acknowledgement of our receipt of your order submission and is not an acceptance of your order.
2.4 If your order includes products which are not available from stock or for some reason we’re unable to supply the product, we will contact you to provide you the option to either wait until the products are available from stock or cancel your order.
2.5 Because we strive to process orders quickly, there is only a brief period of time during which you may change or cancel an order. Please follow the instructions on the Site to change or cancel an order and we will try to accommodate your request. We are not liable for errors in order or delivery of products that arise as a result of you changing your order.
2.6 Acceptance of your order will take place at the point when we send you a confirmation email that the products you have ordered are being shipped to you, unless we have notified you that we do not accept your order or you have already cancelled it. We reserve the right, at our sole discretion, to cancel or refuse any order for any reason at any stage of the online ordering process, including after an order has been submitted and whether or not the order has been confirmed.
2.7 You can check the status of an outstanding order at any time by locating the relevant order after logging into the ‘Your Account’ section of the Site, using the username and password which you will have been asked to create to become a registered customer of the Site.
3. Prices and Payment
3.1 Some of the products featured on the Sites are displayed for promotional purposes only and may not be available for purchase through the Sites. All Products offered for purchase on the Sites are subject to availability.
3.2 The prices of products advertised for sale on the Site are as set out on the Site. All prices are in United States Dollar, and exclude delivery charges. Delivery charges, where applicable, are set out in Delivery Information below.
3.3 Prices may change at any time with or without notice prior to (but not after) acceptance of your order.
3.4 In the unlikely event that the price of a product has been incorrectly advertised on the Site, we inform you and ask whether you wish to proceed with the order at the correct price. If you wish not to proceed with the order, or we are unable to obtain your instructions, we will cancel the order. We are be obliged to supply products at an incorrect price, even if we have already confirmed your order.
3.5 Unless we agree otherwise, payment must be received by us prior to acceptance of your order. Payment can be made by most major credit or debit cards or PayPal, by completing the relevant details on the checkout page. Notwithstanding the foregoing, we may in our discretion choose not to charge your credit card until your order has been shipped.
3.6 By using a credit/debit card or PayPal account to pay for your order, you warrant and confirm that that card or PayPal account is yours or that you are authorized to use such card or PayPal account. All transactions are subject to validation checks and authorization, including by the card issuer if a card was used in the transaction. If the card issuer refuses to authorize payment we will not accept your order, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for non-delivery.
3.7 We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
3.8 You should not disclose your payment card details to anyone, including us, by email as we will not be liable for any losses you may incur in transmitting information to us by internet link or email. Any such loss shall be entirely your responsibility.
3.9 Your purchase on or through the Sites may include sales tax as required by law. The tax rate is based on the delivery address of your purchase. The actual tax amount will appear on the Payment page during the checkout process.
4. Delivery Information
4.1 Shipping or delivery charges are based on the delivery service you choose and the size of your order. When you make a purchase, the delivery charges will be added to the total amount and will be presented to you during the checkout process.
4.2 Any delivery date stated on the Site or communication from us is an approximate only and shall not constitute any guarantee of delivery on any particular date.
4.3 Product title and risk of loss shall pass to you upon delivery of the products by us to the applicable common carrier, unless as otherwise agreed upon in writing by us.
4.4 Upon delivery, we ask that you inspect and accept or reject products immediately. In the event the products are defective or do not comply with your order, missing or do not arrive on the estimated date, you must promptly notify us and give us a reasonable opportunity to correct any issues.
4.5 You will be deemed to have waived any such noncompliance, and to have accepted any products delivered to you, in the event we do not receive notification of noncompliance within fifteen (15) days after the products are delivered to you or from the estimated date of delivery.
4.6 We will deliver to the address specified in your order.
4.7 To report noncompliance to us, please call us [ ] or email us at email@example.com or follow the instructions on the Site on how to report noncompliance.
5.1 Publications on our Site, including but not limited to the price of product(s), may include technical inaccuracies or typographical errors. We shall not be held responsible for any pricing, typographical, or other errors in such publications. Changes may be periodically made to these publications and these changes will be incorporated in new editions of these publications. We may make improvements and/or changes in the products and/or the programs described in these publications at any time with or without notice.
5.2 Any and all products purchased by you from our Site, are subject to the applicable limited warranty terms and exclusions in effect at the time of shipment.
5.3 THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE (OR BY COUNTRY OR PROVINCE). WE DO NOT EXCLUDE, LIMIT OR SUSPEND OTHER LEGAL RIGHTS YOU MAY HAVE UNDER THE LAWS OF YOUR STATE (OR COUNTRY OR PROVINCE). FOR A FULL UNDERSTANDING OF YOUR RIGHTS WE RECOMMEND THAT YOU CONSULT THE LAWS OF YOUR STATE, COUNTRY OR PROVINCE.
5.4 Our products are warranted to be free from defects in materials or workmanship for one year from the date of purchase. Within this period, we will, at our sole option, repair or replace any components that fail in normal use. Such repairs or replacement will be made at no charge to the customer for parts or labor, provided that the customer shall be responsible for any transportation cost. This Limited Warranty does not apply to: (i) cosmetic damage or normal wear and tear, such as scratches, nicks and dents; (ii) consumable parts, such as batteries, unless product damage has occurred due to a defect in materials or workmanship; (iii) damage caused by accident, abuse, misuse, water, flood, fire, or other acts of nature or external causes; (iv) damage caused by service performed by anyone who is not our authorized service provider; (v) damage to a product that has been modified or altered without our prior written permission, (vi) damage to a product that has been connected to power and/or data cables that are not supplied by us or damage to a product that has been connected to AC adapters and cables that are not certified by our service providers or labelled appropriately. In addition, we reserve the right to refuse warranty claims against products or services that are obtained and/or used in contravention of the laws of any country. Our product(s) must not be used for any purpose requiring precise measurement of direction, distance, location or topography. Unauthorized repair, modification or customization of your product voids this warranty
5.5 Repairs have a 90-day warranty. If the unit sent in is still under its original warranty, then the new warranty is 90 days or to the end of the original 1-year warranty, depending upon which is longer.
5.6 This Limited Warranty also does not apply to, and we are not responsible for, any degradation in the performance of our product resulting from its use in proximity to any handset or other device that utilizes a terrestrial broadband network operating on frequencies that are close to the frequencies used by any Global Navigation Satellite System (GNSS) such as the Global Positioning Service (GPS). Use of such devices may impair reception of GNSS signals.
5.7 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES AND REMEDIES CONTAINED IN THIS LIMITED WARRANTY ARE EXCLUSIVE AND IN LIEU OF, AND WE EXPRESSLY DISCLAIM, ALL OTHER WARRANTIES AND REMEDIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, STATUTORY REMEDY OR OTHERWISE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE. IF IMPLIED WARRANTIES CANNOT BE DISCLAIMED, THEN SUCH WARRANTIES ARE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
5.8 IN NO EVENT SHALL WE BE LIABLE IN A CLAIM FOR BREACH OF WARRANTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM THE USE MISUSE OR INABILITY TO USE THIS PRODUCT OR FROM DEFECTS IN THE PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
5.9 We retain the exclusive right to repair or replace (with a new or newly-overhauled replacement product) the device or software or offer a full refund of the purchase price at our sole discretion. SUCH REMEDY SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY.
5.10 To obtain warranty service, contact our Product Support for shipping instructions or contact us. Securely pack the device and a copy of the original sales receipt, which is required as the proof of purchase for warranty repairs.
6.1 With respect to software made available to you by us in connection with your purchase of any product, if no license terms accompany the software, then subject to your compliance with the terms set forth in this Terms and Conditions, we hereby grant you a personal, nonexclusive license to access and use such software solely as necessary for you to enjoy the benefit of the products. Title to software remains with the applicable licensor(s).
7. Product Information
7.1 While we take reasonable steps to display our products on the Site as accurately as possible, i.e., the colors and other detailing of our products, we know that the actual colors and detailing you see onscreen will depend on your monitor. As such, we cannot guarantee that your monitor's display of any color or other detailing will exactly reflect the color or detailing of the product you receive.
7.2 Any information on the Site regarding sizing of products is included as a guide only. If you are uncertain about the size of any product, we recommend that you visit our support center.
8. Our Liability
8.1 IN NO EVENT SHALL WE OR OUR AFFILIATES, LICENSORS, VENDORS, OR ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS OR THE SITES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANY EVENT, OUR AGGREGATE LIABILITY ON ANY CLAIM FOR LOSS OR DAMAGE ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THE PRODUCTS OR THE SITES, OR ANY ORDER PLACED BY YOU, OR FROM OUR THE PERFORMANCE OR BREACH OF THESE TERMS AND CONDITIONS, OR FROM THE MANUFACTURE, SALE, DELIVERY, RESALE, REPAIR OR USE OF ANY PRODUCT SOLD TO YOU WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, $100.
8.2 WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITES OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SITES, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. WE WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.
8.3 If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes the criminal acts of others.
8.4 Nothing in this section or elsewhere in our Terms and Conditions affects your statutory legal rights. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages such as above or to intentional or reckless acts or gross negligence on our part. Accordingly, some of the above limitations may not apply to you. If you are a resident of a state that permits the exclusion of these warranties and liabilities, then the limitations in this Section specifically do apply to you.
9.1 You agree to defend, indemnify, and hold harmless us and our affiliates, as well as the officers, directors, employees and agents of each, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your violation of any applicable law or your breach of these Terms and Conditions. This indemnification provision does not apply to intentional or reckless acts or gross negligence on our part.
10. Resale and Export Control
10.1 Purchases made on the Sites are intended for end users only. Products sold through the Sites are not authorized for resale or export. The resale of or offer to sell a product without our authority is an infringement of our patent rights. Your submission of your order shall constitute your full acceptance of these restrictions on resale. Your purchase may not be sold, leased or transferred to restricted countries, restricted end users, or for restricted end uses according to U.S. export and sanctions laws.
10.2 The United States and certain other countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export the products to countries or persons prohibited under export control laws. By purchasing any product on the Site, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S. Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the products.
11.1 Except to the extent provided below in this paragraph, all legal issues arising from or related to these terms and Conditions or any purchase by you on the Site will be construed in accordance with and determined by the laws of the State of New York applicable to contracts entered into and performed within the State of New York without respect to its conflict of laws principles. By placing an order on the Site, you agree that the exclusive forum for any claims or causes of action arising out of your use of the Site or related to the use of the product is the United States District Court for the District of New York , or any US State court. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
11.2 Any failure by us to assert all or any of our rights, including rights existing upon your breach of these Terms and Conditions, shall not be deemed a waiver of such rights either with respect to such breach or any subsequent breach, nor shall any waiver by us be implied from the acceptance of any payment. Such waiver will arise only from an express written waiver signed by our duly authorized representative. No waiver of any right shall extend to or affect any other right we may possess, nor shall such waiver extend to any subsequent breach whether similar or dissimilar.
11.3 You may not assign or transfer your rights under these Terms and Conditions. However, we may assign our rights without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
11.4 You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.
11.5 The 1980 United Nations Convention on Contracts for the International Sale of Goods shall not apply.
11.6 If any part of these Terms and Conditions is found to be unenforceable as a matter of law, all other parts of these Terms and Conditions shall be unaffected and shall remain in force and the part of the Terms and Conditions found to be unenforceable shall be interpreted as close to the original terms such that the intended purpose of the term will be given effect.