Terms and Conditions
North American Online Store
ATTENTION: If you purchased an Elgato-branded product from an authorized distributor and not from the Elgato Online Shop, your purchase is subject to the particular warranty that accompanies the product. That warranty may differ from the warranty posted on this Site. If you purchased an Elgato product from the Elgato Online Shop, the following warranties and policies apply.
I. Money-back Guarantee Policy
Should you not be completely satisfied with your online store purchase, you may return your purchase within 30 days from your invoice date.
Please note that in both instances, shipping costs are not refunded. To return your Elgato-branded product, send an email to http://support.elgato.com (including your order number). Elgato will email you a Return Material Authorization (RMA) number and instructions. To receive a refund, the product must be returned to the Elgato warehouse within 14 calendar days of the issuance of the RMA. No returns will be accepted without a Return Authorization (RMA) Number. A 15% open box fee will be assessed on any opened package.
It is your responsibility to ship your return prepaid and insured for the full purchase price by a carrier that offers package tracking, such as United States Postal Service registered mail, United Parcel Service (UPS), or Federal Express.
The Money-back Guarantee is also contingent upon the products being returned 100% complete and in like-new condition. All products must be packed in the original, unmarked packaging including any accessories, manual and documentation that shipped with the product. Elgato may reject the return, or deduct costs associated with: missing parts, non original packaging, abuse, misuse of the product or user negligence.
If you purchased the wrong product and would like to exchange it for another Elgato product, the same regulations as under “Returns” apply, except that we will only charge a 5% open box fee on any opened package. Price differences between the exchanged products will be assessed during the exchange and debited or credited accordingly.
Refunds or exchanges do not include original shipping and handling charges.
II. Dead On Arrival (DOA) Product
An Elgato-branded hardware product is considered DOA if it shows symptoms of hardware failure, preventing basic operability, upon its first use out of the box. If you believe that your product is DOA, please contact Elgato Technical Support within 10 calendar days of the invoice date.
If the product is deemed DOA by Elgato Technical Support within 10 calendar days of the invoice date, you are eligible to receive a replacement unit. If the product is deemed not DOA by Elgato Technical Support or if the product is deemed DOA more than 10 calendar days after the invoice date, Elgato's limited product warranty will apply (see section below on Defective Items Limited Warranty).
Shipping will be arranged at Elgato's expense for all products determined by Elgato Technical Support to be DOA. Elgato reserves the right to test returned DOA product. If the condition of the product is misrepresented by the customer, Elgato may impose a $100 handling fee.
III. Defective Items Limited Warranty
Elgato offers a one-year warranty on new products purchased online. Refurbished units come with a 90-day warranty. The warranties are in effect from the invoice date. Software of any kind delivered with or as part of an Elgato product is expressly provided “as is” unless specifically provided for otherwise in any software license accompanying the software. If any Elgato product furnished by Elgato which is the subject of this Limited Warranty fails during the warranty period for reasons covered by this Limited Warranty, Elgato, at its option, will:
- REPAIR the defect by means of hardware and/or software, using new or refurbished replacement parts; OR
- REPLACE the product with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original product; OR
- REFUND the then-current value of the product.
If such product is defective, transportation charges for the return of the product to buyer within the USA will be paid by Elgato. For all other locations, the warranty excludes all costs of shipping, customs clearance and other related charges. Elgato will have a reasonable time to replace or make repairs to the product. In no event will Elgato be liable for any other costs associated with the replacement or repair of the product, including labor, installation or other costs incurred by buyer.
To request warranty service from Elgato, contact http://support.elgato.com during the warranty period during the warranty period during normal business hours (Pacific Time), excluding holidays. Please provide: (1) your name, address, and telephone numbers; (2) model name and serial number of the product; (3) an explanation of the problem.
A replacement product or part assumes the remaining warranty of the original.
If your product package includes a remote control, this warranty also applies to your remote control.
Elgato does not sell warranty extensions or accept old hardware products in exchange for new hardware products at reduced prices.
THIS LIMITED WARRANTY, AND ANY IMPLIED WARRANTIES THAT MAY EXIST UNDER STATE LAW, APPLY ONLY TO THE ORIGINAL PURCHASER OF THE ELGATO PRODUCT.
Extent of Limited Warranty
Elgato does not warrant that Elgato-branded products will be free from design defects or errors known as “errata.” Current characterized errata are available upon request. This limited warranty does not cover damages due to external causes, including accident, problems with electrical power, usage not in accordance with Elgato-branded product instructions, misuse, neglect, alteration, repair, improper installation, or improper testing.
Warranty Limitations and Exclusions
These warranties replace all other warranties, expressed or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Elgato makes no expressed warranties beyond those stated here. Elgato disclaims all other warranties, expressed or implied including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Some jurisdictions do not allow the exclusion of implied warranties so this limitation may not apply. All expressed and implied warranties are limited in duration to the limited warranty period. No warranties apply after that period. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you.
Limitations of Liability
Elgato’s responsibility under this, or any other warranty, implied or expressed, is limited to repair, replacement or refund, as set forth above. These remedies are the sole and exclusive remedies for any breach of warranty. Elgato is not responsible for direct, special, incidental, or consequential damages resulting from any breach of warranty under another legal theory including, but not limited to, lost profits, downtime, goodwill, damage to or replacement of equipment and property, and any costs of recovering, reprogramming, or reproducing any program or data stored in or used with a system containing this Elgato-branded product. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
This limited warranty gives you specific legal rights, and you may also have other rights that vary from jurisdiction to jurisdiction. Any and all disputes arising under or related to this limited warranty shall be adjudicated in the United States. The forum shall be Santa Clara, California, USA, and the applicable law shall be that of the state of California, USA.
Your use of Elgato software is on the terms of the license in effect for the software at the time of purchase. You will be asked to agree to the terms of the applicable license at the time that you install the software. Please be aware, however, that your purchase is subject to the particular license that accompanies the software and you must agree to the terms and conditions of that license when you install the software. That license may differ from the licenses you can review here. Be certain to read the applicable license carefully before you install the software. You may return software after rejecting the licensing terms, provided the software is not installed on a computer.
Standard Terms and Conditions
European Online Store
Elgato Systems GmbH, Managing Director Dr. Markus Fest, Rotkreuzplatz 1, D-80634 Munich, Germany, German commercial register at Munich Local Court (Amtsgericht) HRB 108591
Tel.: 0049 89 1433390
Fax: 0049 89 1433399
These Terms and Conditions apply to all items for sale and sold by Elgato Systems GmbH (“Elgato”) in Elgato’s Online Store (“Online Store”).
The Online Store has been inspected and certified by Trusted Shops (www.trustedshops.de).
2. Offers, Conclusion of Contracts
Offers of items for sale in the Online Store represent an invitation to a customer to place an order only. An order from a customer represents an offer to conclude a contract of sale. Once an order is placed, the customer will receive an automatic electronic confirmation of his order via E-Mail and this will give rise to a contract of sale.
If a product ordered is not available, Elgato may withdraw from the contract. In such a case Elgato will inform the customer immediately and if applicable reimburse any monies paid without delay.
During the Online Store order process, the customer can view and correct all data entered in a confirmation window after the order button has been selected.
Customers may conclude contracts of sale in German, English or French.
The prices quoted on the website include statutory VAT. Orders placed from within the EU are not eligible for VAT exemption. Payment is due in full immediately.
4. Transport costs
Shipping and handling costs are not included in the prices quoted on the Online Store. When placing an order in the Online Store, the customer is provided with a tool to determine whether shipping and handling costs apply to the order as well as the exact amount.
5. Terms of payment
Payment may be made by credit card, by cash on delivery, or by cash in advance. We reserve the right to exclude particular methods of payment. In the case of credit card payments, the credit card will be charged when the order is placed.
The payment option “Cash on Delivery” is available only to orders that are shipped to an address in Germany. In the case of cash on delivery payments, an additional charge of EUR 3.60 will be applied plus DHL’s charge, currently EUR 2.00, which is imposed by DHL’s agent upon delivery of the good(s).
In the case of payment by cash in advance, Elgato will cancel orders in which payment is not received within fourteen days of the order date.
6. Cancellation policy
6.1 Cancellation Right: The customer may cancel a contract of sale without cause within fourteen days, either by returning the good(s) to Elgato or by delivering written notice of cancellation to Elgato (letter, fax, or e-mail). This period will start the day after receipt of the cancellation notice but not before the customer has received the good(s) (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and not before all information obligations laid down in article 246 § 2, § 1 Abs. 1 and 2 EGBGB and § 312g Abs. 1, 1 BGB, article 246 § 3 EGBGB have been fulfilled. To meet the cancellation deadline it is sufficient to dispatch the notice of cancellation or the good(s) punctually. Notice of cancellation must be addressed to Elgato Systems GmbH, Warenumtausch/-rueckgabe, Rotkreuzplatz 1, D-80634 Munich, Germany.
6.2 Consequences of cancellation: In the event of a valid cancellation, both parties must return all good(s) and payments received and any other received benefits (such as accrued interests). If it is not possible for the good(s) to be returned whole and/or in their original condition, the customer must reimburse Elgato for any loss of value of the good(s). This does not apply if the poor condition of the good(s) is the result of an inspection of the good(s) as it would have been possible before buying, for example, in a physical store. Goods that can be shipped as a parcel by regular mail are shipped at Elgato’s risk. If the good(s) cannot be shipped by regular mail, then Elgato will arrange for pick-up. The customer must bear the regular cost of returning the good(s) if the good(s) received are as ordered and if the original purchase price of the good(s) to be returned did not exceed EUR 40 or if the customer has, at a price exceeding EUR 40, at the time of cancellation not fulfilled the reward or an agreed installment. Otherwise, the customer may return products without incurring any costs. Any obligations to reimburse payments must be satisfied within 30 days. The 30 day period begins on Elgato’s part with the receipt of the goods and on the customer’s part with the dispatch of the notice of cancellation or the punctual dispatch of the good(s).
-End of cancellation information-
6.3 Miscellaneous: There is no statutory right to cancel orders of goods that are, due to their nature, not qualified for a return. Also there is no statutory right to cancel orders of software if the customer has broken the seal of the data medium.
6.4 Processing: To ensure that processing of the cancellation is carried out as quickly as possible, customers are asked to phone or e-mail Elgato (email@example.com) and request a Returns Number. Good(s) should be returned in their entire original packaging, or at least packed appropriately for transport, together with the Returns Number. Customers are asked to obtain signed confirmation of receipt from the transport firm employed to return the good(s) to Elgato, and to keep this confirmation safe.
6.5 Cost of returning the good(s) in case of cancellation: If a customer makes use of their cancellation right, the customer must bear the regular cost of returning the good(s) if the good(s) received are as ordered and if the original purchase price of the good(s) to be returned did not exceed EUR 40 or if the customer has, at a price exceeding EUR 40, at the time of cancellation not fulfilled the reward or an agreed installment. Otherwise, the customer may return products without incurring any costs.
7. Liability for defects
Elgato’s liability for defects is as provided by law.
8. Delivery times
If delivery times change substantially after an order is placed, Elgato will inform the customer by e-mail. In such a case the customer will be entitled to cancel the contract without incurring any costs.
9. Reservation of title
All goods supplied by Elgato will remain Elgato’s property until full payment has been made and all claims arising out of the contractual relationship settled.
10. Overall liability
Elgato is liable without limit for losses resulting from deliberate action or inaction or gross negligence and for injury to life, limb or health. Regardless of the legal basis of the claim put forward, Elgato is only liable for losses that result from a culpable breach of a substantial contractual obligation. Liability in this case is limited to losses that were possible for Elgato to foresee when the contract was concluded and that are typical for the type of contract in question. We point out that customers are responsible for securing their own data.
The customer data collected in connection with the contract will be used by Elgato in accordance with the provisions of the German Federal Data Protection Act and the German Remote Services Data Protection Act.
The exchange of customer data over the Internet is encrypted. This is accomplished by using the Secure Socket Layer (SSL) protocol.
Elgato collects and processes customers' personal information fairly and lawfully in accordance with the Data Protection Act 1998. We may collect customers' personal information for processing a customer’s order.
The customer can subscribe to the Elgato newsletter on the website, this subscription can be cancelled at any time. Customers can also subscribe to the Elgato newsletter during the ordering process by selecting the option “I would like to subscribe to the newsletter (this subscription can be cancelled at any time)”.
Customers have the right to inspect or block their personal data or demand the deletion or amendment of their personal data. In the event of questions regarding the collection, processing or use of personal data and for information, the amendment, blocking or deletion of data and the revocation of consents granted, customers should contact Elgato Customer Service, Rotkreuzplatz 1, D-80634 Munich, Germany. E-mail: firstname.lastname@example.org. Elgato will not share any personal customer data with third parties other than with service partners who require the data in order to process orders.
Elgato will save the customer's order data and provide this information to the customer by e-mail. The customer is entitled to object to the latter. The customer may inspect order data in the customer section of the Online Store. To enable the customer to place orders in the Online Store, one or more so-called "cookie(s)" will be created when particular Web pages are visited. These are small text files. The customer may use his browser program to control the acceptance of cookies from the Web page and, if appropriate, block this. Such cookies serve exclusively to enable the use of specific applications, e.g. the Online Store shopping basket system; no personal data whatsoever is stored. Most of the cookies will be deleted from the useres hard-disk at the end of the browser-session (temporary cookies). Other cookies remain on the customer´s hard-disk to make it possible for Elgato to recognize the customer´s computer at their next visit (permanent cookie).
12. Note in accordance with the German battery legislation
As we sell batteries and accumulators, or products including batteries and accumulators, we are after the German battery legislation (BattG) required to inform the customer on the following: Batteries and accumulators must not be disposed of household garbage, but the customer is required by law to return used batteries and accumulators. Used batteries may contain hazardous substances that could harm the environment or the health of the customer if improperly stored or disposed. Batteries also contain important raw materials such as iron, zinc, manganese or nickel and will be recycled. The customer may either send used batteries back to us or return them in close vicinity (e.g. in stores or at community collection points) free of charge. Returning batteries in stores is limited to common household quantities and such used batteries, which the store is selling as new batteries, or which the store used to sell in the past. This crossed-out bin means that the customer is not allowed to dispose of batteries in household waste.
13. Concluding terms
Should any of these Standard Terms and Conditions be invalid, the remainder of the contract will remain valid. The relevant statutory provisions will apply in place of any invalid term.
German law applies exclusively, with the provisions of UN law on the international sale of goods being excluded.
These Standard Terms and Conditions apply from November 1, 2011.