TERMS OF SALE AND USE
Skullcandy International GmbH, a company registered in Switzerland with registered office at Heinrichstrasse 235, 8005 Zürich, Switzerland, VAT number CHE-116.389.678 ("Skullcandy" or "us" or "we"), owns and operates the website, www.astrogaming.co.uk, including the mobile and touch versions (collectively, “Site”). These are the Terms of Sale and Use (“Terms”) that govern your access to and use of the Site and the services provided by the Site, including the purchase of products and the product customization services described below (“Services”).
Your Acceptance Of The Terms
Eligibility To Use The Services
Skullcandy’s products and services offered through the Site are intended for legal use by adults only and are not directed to minors under the age of 14. If you are under the age of 18, but at least 14 years of age, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by the Terms.
By accessing or using the Services and thereby agreeing to these Terms, you represent and warrant to us: (1) that you are at least 18 years of age; (2) that you have not previously been suspended or removed from the Services; and (3) that your registration and your use of the Services is in compliance with any and all applicable laws and regulations.
Skullcandy reserves the right at all times to discontinue the Services or modify any part of these Terms in its sole discretion. Any changes to these Terms will be effective immediately upon posting but will not apply to any orders for Services that you have placed and which we have accepted before the Terms are changed. Skullcandy suggests that you revisit the Terms regularly to ensure that you stay informed of any changes. You agree that posting notice of any changes on the Terms page is adequate notice to advise you of these changes, and that your continued use of the Services will constitute acceptance of these changes and the Terms as modified.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Skullcandy and/or its affiliates or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Skullcandy and protected by U.S. and international copyright laws. All software used on, or in connection with, this site is the property of Skullcandy or its software suppliers and protected by United States and international copyright laws. Any copying, republication, redistribution, or creation of derivative works based upon Skullcandy’s Content, including by caching, framing or any similar means, without the prior written consent of Skullcandy is strictly prohibited.
ASTRO GAMING, ASTRO, the “a” Logo, and other graphics, logos, page headers, button icons, scripts, trademarks and service names are trademarks (including trade dress) of Skullcandy and/or its affiliates in the United States and other countries, regardless of whether the marks are registered. Skullcandy’s trademarks may not be used in connection with any product and/or service that is not Skullcandy’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Skullcandy. All trademarks not owned by AG Acquisition Corporation that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, endorsed or sponsored by Skullcandy. Skullcandy does not have any authority to permit you to use, in any way, any trademarks not owned by Skullcandy.
License and Use of Site
Subject to the Terms, Skullcandy hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Skullcandy in advance. Any breach of the Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, and/or in the applicable law, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Skullcandy in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Skullcandy in advance. Skullcandy reserves the right to refuse service, terminate accounts, and/or cancel orders, in the event that you breach these Terms or if customer conduct violates applicable law or for legitimate purposes as far as permitted by law. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to Intellectual Property rights, whether by estoppel, implication or otherwise.
You shall not upload to, distribute, or otherwise publish through this Site any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. Content provided on this Site is solely for informational purposes. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect the opinions of Skullcandy.
Accounts and Passwords
Skullcandy may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the Terms, and Skullcandy has no obligation to investigate the authorization or source of any such access or use of the Site. Use of a password, coupon code or other access to private information by anyone other than intended recipient is expressly prohibited. This includes sharing, forwarding or otherwise distributing this information in a public venue.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHERE SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Skullcandy of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
Custom Tags Services
As part of its Services, Skullcandy allows Users to create and purchase customized speaker tags for your own use featuring content uploaded by you (“Custom Content”) through the Site’s customizer tool (“Custom Tags Services”). Custom Content may include text, graphics, images, and photos.
You acknowledge and agree that you are solely responsible for all Custom Content that you make available through the Services. Accordingly, you represent and warrant that: (1) you either are the sole and exclusive owner of all Custom Content that you make available through the Services, or that you have all rights, licenses, consents, and releases necessary to utilize and share the Custom Content, and to grant Skullcandy the rights in such User Content contemplated under these Terms; (2) neither the Custom Content, your posting, uploading, publication, submission, or transmittal of the Custom Content, or Skullcandy’s use of the Custom Content (or any portion thereof) on, through, or by means of the Services will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other Intellectual Property rights, or rights of publicity or privacy, or contractual rights or agreements, or result in the violation of any applicable law or regulation; and (3) any persons identified, depicted, or shown in your Custom Content, in whole or part, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Custom Content on and through the Services.
Skullcandy reserves the right to demand confirmation from you in writing of all rights, authorizations, licenses, permissions, and consents owned or obtained by you (if any) with respect to any Custom Content you upload to or transmit through the Site. If you fail to provide us with satisfactory confirmation upon request, we reserve the right to deny access to any or all of our Services via the Site and to suspend or terminate your account.
You further represent and warrant that you will not upload, post, transmit or otherwise make available any content that is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, invasive of the privacy of another person or violative of any third-party rights; and that you will not upload, post, transmit, or otherwise make available content that contains any material that harbors viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any software or computer equipment.
You will retain ownership of the Custom Content that you upload to the Site in connection with the Custom Tag Services. By making available Custom Content through the Services, you hereby grant to Skullcandy and its respective subsidiaries, affiliates, successors, assigns, licensees, resellers, sub-licensees, and other such parties as Skullcandy may designate from time to time, an irrevocable, worldwide, perpetual, non-exclusive, transferable, sublicensable, royalty-free license to use such Custom Content, in all media existing now or created in the future, as Skullcandy deems necessary to enable you to use the Custom Tags Services to create, produce and purchase customized products. Skullcandy may sublicense the rights that you grant it in this Section to a third party subcontractor for purposes of providing the Custom Tags Services, processing your order, and producing and shipping your customized products.
You will upload the Custom Content that you want to use with the Custom Tag Services in accordance with these Terms and the applicable instructions on the Site. Skullcandy may, in its sole and exclusive discretion, determine whether any Content complies with such instructions and is satisfactory for use with the Custom Tags Services.
Skullcandy does not approve, control or endorse your Custom Content and has no obligation to do so. Skullcandy does not pre-screen the Custom Content. However, Skullcandy reserves the right (but assumes no obligation) to monitor transactions made through the Site and to remove or modify any Custom Content from the Services at any time, for any reason, and to cancel a transaction, or take any other such action, to restrict the availability of inappropriate or infringing as it deems necessary, in its sole discretion, without any liability from you or any third party.
Reviews and Comments
Except as otherwise provided elsewhere in the Terms or on the Site, anything that you submit or post to the Site and/or provide Skullcandy, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and Skullcandy shall have, the royalty-free, perpetual, worldwide, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Skullcandy and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant Skullcandy the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other content that you post on this Site and that use of your reviews, comments, or other content by Skullcandy will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead Skullcandy or third parties as to the origin of any Submissions or content. Skullcandy may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
Skullcandy respects the Intellectual Property of others. Skullcandy will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable Intellectual Property laws. Upon receipt of notices complying or substantially complying with the DMCA and other applicable laws, we may remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. We also may terminate access for Users of the Services who are infringers.
Notification of Copyright Infringement
If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify Skullcandy’s Copyright Agent at firstname.lastname@example.org in a written communication that sets forth the following information:
1. The date of notification;
2. If the applicant is an individual: first and last names, profession, address, nationality, date and place of birth;
3. If the applicant is a corporate body: its legal form, company name, head office and legal representative;
4. Name and address of addressee or, in the case of a corporate body, its company name and head office;
5. A description of the copyrighted work or other Intellectual Property that you claim has been infringed;
6. A detailed description of the illicit content and of where the material that you claim is infringing is located or found on the Service
7. Reasons for which the content must be withdrawn, including the reference to applicable law and regulation and justifications of the facts;
8. Copy of correspondence sent to the author or editor of the illicit information or activities requiring their interruption, withdrawal or modification, or justification that the author or editor has not been reachable.
You indemnify and hold harmless Skullcandy and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) from any damage incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have negligently and culpably breached any Terms through any act or omission. If you have to indemnify Skullcandy under this Section, Skullcandy will have the right to control the defense, settlement, and resolution of any Claim. You may not settle or otherwise resolve any Claim without Skullcandy’s express written permission.
Disclaimer of Warranties and Limitation of Liability
THIS SITE AND ALL INFORMATION, CONTENT AND MATERIALS, INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY SKULLCANDY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SKULLCANDY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT OR MATERIALS, INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
WE ARE UNDER A LEGAL DUTY TO SUPPLY GOODS THAT ARE IN CONFORMITY WITH THIS CONTRACT. YOUR LEGAL RIGHTS IN RELATION TO ANY PRODUCTS PURCHASED BY YOU (INCLUDING BUT NOT LIMITED TO THE RIGHT TO RECEIVE PRODUCTS WHICH ACCORD WITH DESCRIPTION, ARE OF SATISFACTORY QUALITY AND FIT FOR ANY PURPOSE MADE KNOWN TO US) AND YOUR STATUTORY REMEDIES IF THESE IMPLIED TERMS ARE BREACHED ARE UNAFFECTED.
Conclusion of contract
Offerings on the Site are non-binding.
You can place an order by duly filling in the order form made available on the Site and send it in accordance with the indications provided on the Site. You may correct any errors before placing the order by correcting the input within the order form. By placing an order on the Site, you make a binding offer to purchase the relevant product. Skullcandy will confirm receipt of the order by sending, without undue delay, an e-mail confirmation. This confirmation merely confirms receipt of the order and shall not constitute an acceptance of the order. The order shall be deemed to be accepted by Skullcandy either upon subsequent e-mail acceptance of the order or by dispatching the product.
Custom tag orders ship from a separate warehouse from the rest of our products and thus will likely arrive at a different time from the rest of your order (unless your order is custom tags only). Printing times can take anywhere from 24-48 hours depending on the complexity of the uploaded design(s), so orders could take as long as 72 hours to ship. Once the order is in transit, products will be delivered within [...] days depending of the method of shipping.
Prices and terms of payment
The prices indicated on the Site are inclusive of taxes. You will be informed in advance of shipping costs or fees, if any, through the Site.
Skullcandy accepts the following methods of payment:
- AMERICAN EXPRESS
Payment is due upon conclusion of the contract.
Risk of Loss
All items that you purchase from the Site will become your responsibility from the time they are delivered to the delivery address you supplied to us or you collect them from us.
All products sold on the Site are covered by a warranty in accordance with your local laws.
Right of withdrawal
If you are a consumer in accordance with your local laws, you have the following right of withdrawal.
You have the right to withdrawal from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquired, physical possession of the last good. Skullcandy will bear the direct costs of returning the good. We will provide a full refund by no later than 14 days from the date we receive the goods back from the customer (or evidence that they have been returned).
To exercise the right of withdrawal, you must inform us (Skullcandy Heinrichstrasse 235, 8005 Zürich, Switzerland,email@example.com.)of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
Exceptions from the right of withdrawal
Customers do not have a right of withdrawal regarding goods made to the consumer’s specifications or clearly personalized (e.g. customized speaker tags).
Online Dispute Resolution Platform
The European Commission manages an Online Dispute Resolution platform (“ODR” platform), available at http://ec.europa.eu/odr/ dedicated to helping consumers and traders resolve their disputes out-of-court, including cross-border disputes. You may use the ODR platform for resolving any disputes with Skullcandy.
Termination and Effect of Termination
In addition to any other legal or equitable remedies, Skullcandy may, with prior reasonable notice to you, terminate the Terms or revoke any or all of your rights granted under the Terms. Upon any termination of the Terms, you shall immediately cease all access to and use of the Site and Skullcandy shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of the Terms shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination or terminate any contract for the supply of goods that we have entered into with you before such date.
The stipulations of these Terms will be of no effect to the extent to which they are in conflict with the express requirements of local mandatory consumer provisions.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.