ONLINE SALES TERMS & CONDITIONS

  1. General

The present online sales terms and conditions (hereafter the “Terms”) are adopted for the sale of LEXON products (the ??Products??) by BOW USA LLC (hereafter “BOW”), ?with head office at 100 N Biscayne Blvd, Suite 800 FL 33132, Miami, Florida, United States of America.

The Terms govern the sale of the Products via the online store on the website http://www.tiinatar.com/us (hereafter the “Site”). The Terms do not apply to sales made by retailers of the Products.

The Terms applicable to a given order are those in force on the date of the order, in the version posted on the Site on that date. Upon confirmation of your order, you will be asked to accept the Terms. The acceptance of the Terms is a necessary condition for the processing of your order.

BOW reserves the right to amend the Terms at any time, at its discretion. If you wish to order Products via the Site, we recommend that you consult the Terms as they are posted on the Site before confirming your acceptance.

  1. Buyers

Online sales via the Site are intended for end consumers of the Products, and not for retailers, wholesalers or resellers. BOW may, at its discretion, refuse an order if it suspects that the buyer purchases the Product for resale. If a buyer is not an end consumer then the parties agree that the damage to BOW would be impossible to calculate due to the harm of its good will and relationship with authorized distributed and other re-sellers. As such the parties agree that BOW will be entitled to liquidated damages of $2,000.00 per item so purchased being a reasonable amount and not a penalty. BOW will also be entitled to reasonable attorney’s fees, costs and expenses.

  1. Products

The Products that you may purchase via the Site are those displayed on the Site on the date of your order, within the limit of available stock.

BOW reserves the right to amend at all time its assortment of the Products offered for sale via the Site.

The images of the Products displayed on the Site are used by way of illustration and may differ from the delivered product. The descriptions and product sheets available on the Site are provided only by way of indication and do not constitute contractual documents.

BOW reserves the right to limit the number of the Products that it is possible to purchase within a single order session.

BOW AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH BOW ARE PROVIDED BY BOW ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BOW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS MADE AVAILABLE TO YOU THROUGH BOW, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF BOW IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, BOW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BOW DOES NOT WARRANT THAT BOW, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR? ELECTRONIC COMMUNICATIONS SENT FROM BOW ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, BOW WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY BOW SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH BOW INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

  1. Prices

The prices are indicated in USD.

The Product prices do not include sales tax which will be collected upon checkout as may be required.

Product prices do not include delivery costs, which may vary, depending on the amount of the orders?:

  • For orders equal to or gretaer than $49,90?: Free shipping
  • For orders of less than $49,90?: $5 shipping cost
    BOW reserves the right to amend the prices of the Products and the delivery costs without prior warning and at its discretion.

The prices and delivery costs that apply to your order will be indicated in the page summarizing your order. You will be informed of their amount before confirming your order.

  1. Orders

To place an order via the Site, you have to create a client account on the Site.

To order products via the Site, you will have to proceed as follows:

Once you have selected the Product to purchase, it must be added to cart.

Once you have added to the cart all Products that you wish to order, you will have to valid the order.

The content of the cart will be displayed, and you will be able to delete the Products.

Once you have verified the content of the cart, you will need to accept the present Terms by checking the corresponding box to pursue your order.

You will be asked to communicate personal information to allow us to process your order, such as your name, email adress, phone number, your billing address, the address for delivery of the products and your credit card details. If you do not have a client account yet, you will be able to create it at this point.

This being done, the Site will display a page summarizing the ordered products and their price, as well as the applicable delivery costs, depending on your address of delivery. You will be asked to confirm your acceptance. Once you will have confirmed the acceptance, your order will be final and you will not be able to modify it anymore.

You will then receive by email a confirmation of order containing all details of your order. BOW will be bound by the order upon issuance of this confirmation.

BOW reserves the right to refuse or cancel any order at its discretion. BOW may in particular refuse an order when there is a dispute with you regarding a preceding order or if BOW has reasons to believe that you do not comply with the present Terms. If an order is cancelled after the debit of your credit card, the corresponding amount will be reimbursed.

  1. Payment

The payment of products purchased via the Site is made by credit card only. The payment is effected via a secure platform according to the SSL system (Secure Socket Layers).

BOW accepts Visa, MasterCard credit cards and Paypal payments. BOW may accept other credit cards at its discretion but without any obligation to do so.

Your credit card will be debited at the time of confirmation of payment.

All holders of credit cards are subject to validation and authorization by the issuer of the card. If the issuer of your card refuses payment, BOW will not deliver the ordered Product. It will be up to you to contact directly the issuer of your card to solve the problem. BOW declines all liability for the delay in delivery or non-delivery of the Product.

  1. Delivery

The Products can only be delivered in the continguous United States of America, excluding Alaska and Hawaii and all territories and dependencies.

The timeframe within which BOW delivers the ordered products depends upon the country of destination and the mode of delivery that you have selected.

The delivery periods mentioned on the Site and/or in the confirmation of order are mentioned only by way of indication and BOW declines all liability if delivery occurs after such periods.

The ordered products are delivered in their individual packaging, containing the accessories (cable, etc.) and the user manual. You will also receive a copy of the confirmation of order.

  1. Warranty

A product ordered via the Site may be defective, despite the care used by BOW to verify the good condition of the delivered products.

BOW warrants to the original purchaser that your Product should be free from defects in material and workmanship under normal use for a period of one (1) year from the date of purchase.

You must inspect carefully the delivered product upon receipt, and notify us in writing within 14 days if a delivered product presents a visible defect, or if it does not possess the characteristics specified in the confirmation of order, or if an accessory is missing. You may send us a notification of defect by contacting our customer service at the following email address?: [email protected]

If a defect becomes apparent later during the warranty period, you must notify us in writing within 14 days from the discovery of the defect. You may do so by contacting our customer service at the following email address?: [email protected]

If you omit to notify us of a defect in due time, the product will be considered as accepted and you will no longer be entitled to invoke the warranty.

Our customer service will send you by email a return authorization number and a return form, and will indicate to you the address to which the defective product must be sent back.

We ask you to fill in the return form with the return authorization number, the number of your order (as mentioned on your confirmation of order) and the shipment address indicated by our customer service.

The defective product must then be sent back to us with the filled out return form, and if possible in its original packaging, with accessories and the user manual, within 14 days from the issuance of the return authorization number. The defective product will have to be sent to the address indicated by our customer service at the time of issuance of the return authorization number.

Damages to the product resulting from use not consistent with the user manual are not covered by the warranty.

Upon receipt of the returned product, after verification of the existence of a defect covered by the warranty, BOW will, at its choice, either send you a replacement product or reimburse the price paid (including the initial delivery costs) by crediting your credit card.

  1. Force majeure

BOW incurs no liability if it is prevented from executing an order by an event of force majeure. Force majeure events are circumstances outside the control of BOW, including in particular important disruptions affecting the company, accidents, strikes, late or defective deliveries of raw materials or semi or completely manufactured products, restrictions imposed by authorities, health and pandemic conditions, fire, flood or other natural disasters.

  1. Limitation of liability

Except where prohibited by law, in no event will BOW be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if BOW has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, BOW ?is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, BOW’s liability shall in no event exceed the greater of (1) the total of purchase price for any BOW hardware products or (2) US$100.00.

Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Despite the care brought to the composition of the Site, the Site may contain erroneous or incomplete information. BOW does not guarantee the exhaustiveness, exactness or current character of the information displayed on the Site.

BOW declines all liability for any direct or indirect damage that may result from an interruption of the Site, from the occurrence of bugs hindering navigation on the Site or from any other technical problem (including the possible presence of virus or other harmful elements).

BOW declines all liability regarding the content of third-party websites accessible from the Site or pointing to the Site by means of hypertext links. BOW does not exercise any control over the content of such external websites.

  1. Personal data and privacy policy

When you create a client account on the site, you are asked to provide us with information on yourself, such as your name, your email address, your phone number, your billing address, your delivery address as well as your credit card details. You undertake to provide us with exact and complete information.

BOW undertakes to treat your personal data confidentially. We ask you to consult our privacy policy http://www.tiinatar.com/us/privacy-policy/ to know how BOW collects, uses and protects your personal data.

  1. Intellectual property

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to BOW, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws

The purchase of a Product does not confer you any intellectual property right on this Product. All intellectual property rights pertaining to the Products and applications, including trademark and design rights, as well as copyright, are the exclusive property of BOW, LEXON or its partners.

  1. Applicable law and jurisdiction

The laws of the State of Florida and the Uniform Commercial Code shall apply to these terms and conditions. The United Nations Convention on the International Sale of Goods shall not apply.?? Venue for any dispute arising hereunder shall be in a court of competent jurisdiction in the State of Florida. The prevailing party in any such dispute shall be awarded attorney’s fees and the costs and expenses of the dispute.

  1. Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and BOW with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and BOW with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with BOW, BOW will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. BOW’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by BOW of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between BOW and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

BOW provides access to BOW international data and, therefore, may contain references or cross references to BOW products, programs and services that are not announced in your country. Such reference does not imply that BOW in your country intends to announce such products, programs or services.