Terms of Sale
*In 2018, CORSAIR acquired Elgato. As such, CORSAIR's Terms of Sale are used.1. SCOPE
Elgato Products and Services - General Terms of Sale ("Terms of Sale") are offered to you by Elgato and its affiliates ("Elgato", "we" or "us") and govern all sales and purchases of any products (including hardware and software) and/or services offered by us (collectively to be referred to as "Products") through the Elgato webstore at www.elgato.com
. The information set out in the Terms of Sale and the details contained on this webstore do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any Products shall exist between you and us until your order has been accepted by us. If we do not accept your offer and funds have already been deducted from your account, these will be refunded.2. PURCHASE OF PRODUCTS
Purchase of Products through the Elgato webstore shall be subject to the following terms and conditions:YOUR COMPLIANCE
PRODUCT AND SUPPORT DESCRIPTIONS
- You will immediately receive a ticket confirmation number via email. If you do not receive an email within 10 minutes, please check your spam folder.
- You agree that:
- You may only use the webstore to make legitimate enquiries or orders.
- You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
- You also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary.
- If you do not give us all of the information that we need, we may not be able to complete your order.
- By placing an order through the webstore, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts.
AVAILABILITY OF PRODUCTS
- We attempt to be as accurate as possible in the descriptions of our Products and support services. However, we do not warrant that any Product and/or support descriptions or other content on the Elgato webstore is accurate, complete, reliable, current, or error-free. If you purchase a Product through the Elgato webstore and you believe it is not as described on the Elgato webstore, or you believe you have not received support for your Product as provided in the Limited Warranty, your sole remedy is to return the Product in accordance with our Return Policy.
CANCELLATION OF ORDERS
- All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products, we will refund any monies that you might have paid.
- We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. Whilst we will make our best efforts to always process all the orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent you an order confirmation, which we reserve the right to do at any time, at our sole discretion.
- We will not be liable to you or any other third party by reason of our withdrawing any product from this webstore, whether it has been sold or not, removing or editing any materials or contents on this webstore or for refusing to process or accept an order after we have sent you the order confirmation.
- We may keep records of all orders, acceptances and any other related documentation for a reasonable period after acceptance.
LIMITED WARRANTYRETURN POLICY AND CUSTOMER SUPPORT3. PRICE AND TERMS OF PAYMENT
- We will cancel your order if: (i) we are unable to accept your order within a reasonable time from your date of order (with the exception of pre-orders); (ii) payment for your order is incomplete. If we cancel your order, we will refund any prior payment that you have made for that Product.
While we take care to ensure that all prices quoted on our webstore are accurate, errors may occur. If we discover an error in the price of any Product(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the Product(s) you will receive a full refund.We are under no obligation to sell the Product(s) to you at the incorrect (lower) price (even after we have sent you an Order Confirmation) if the pricing error is an obvious typographical or arithmetical inaccuracy and could have reasonably been recognized by you as such.We reserve the right to decline orders for bulk or high value purchases and to change price and availability information without notice.We reserve the right, at any time before our acceptance, to notify you of: (i) any revision in the prices of the Products to factor in any changes to the cost of the Products. Such changes include without limitation changes to the tax rate or levy and any variation in the applicable exchange rates; and/or (ii) any changes to the description of the Products. If you choose to continue with the fulfilment of your order, you acknowledge and agree that the Product will be sold to you in accordance with such revised price and/or description.The countries in which we can deliver the Products are set out in the Elgato webstore. We reserve the right to amend this list of countries at any time and shall not be liable to you for any such amendment to the list of countries or the imposition of any new condition in relation to any country: List of countries
Unless stated otherwise, all prices of the Products set out on the Elgato webstore shall be exclusive of: (i) any shipping cost (unless you qualify for free shipping based on the terms set out on the Elgato webstore); (ii) any sales tax or duty, customs charge (including but not limited to customs charges), import duty and tax (where applicable); and (iii) cross border Fees (collectively, the "Additional Cost"). Such Additional Cost shall be borne by you.Payment in full must be made before our acceptance using the payment methods as provided for on the Elgato webstore. Payment methods include major credit cards, AmazonPay and PayPal in select regions. We will charge credit and debit cards before dispatch of the Products or the commencement of any services.You may not deduct from any payment by way of counterclaim or set-off without our prior written consent. We shall not be liable for any billing errors unless you advise us of such billing error within fifteen (15) working days from the date of acceptance. In the event such billing error is attributable solely to us, we will cancel your order and/or refund any prior payment that you have made for that Product. We will also allow a re-order of that Product.4. SOFTWARE
All software (including pre-loaded software contained in hardware) is provided subject to such software's end user license agreement. You agree that you shall be bound to such end user license agreement.5. LIMITATION OF LIABILITY
IN NO EVENT SHALL ELGATO, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SALE, EVEN IF ELGATO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ELGATO’S AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) EXCEED THE AMOUNT PAID BY YOU FOR A PRODUCT THAT IS MOST CLOSELY RELATED TO YOUR DAMAGES. The foregoing limitations will apply even if any warranty or remedy provided under this Agreement fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or other limitations set forth above, so the above limitations or exclusions may not apply to you.Without prejudice to the foregoing and to the fullest extent permitted by law, we shall have no liability to you if the Products infringe or are alleged to infringe any rights (including intellectual property rights) of any third party.6. LICENSES & EXPORT LAWS
You are responsible for obtaining (at your own expense) any license or consent from any government authority (or any other authority) that is required for the purchase, transport or use of the Products. You agree to provide evidence of such license or consent upon our request.You agree to comply with any export control laws or regulations that are applicable to the purchase, transport or use of the Products.7. YOUR REPRESENTATIONS
- You agree that the laws of California, without regard to principles of conflict of laws, shall govern both these Terms of Sale and any dispute that might arise between you and Elgato in relation to your use of the Elgato webstore and these Terms of Sales.
- If you are a consumer based in the European Union, you may make a claim in a competent court in the country in which you reside.
- Elgato 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 Elgato being prevented, hindered or delayed in the performance by circumstances beyond Elgato's 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 Elgato may elect to cancel your order and refund any payments made.
- You acknowledge that these Terms of Sale supersede and cancel all previous contracts or agreements whether oral or written, express or implied, between Elgato and you with regards to your ability to purchase goods or services from the Elgato webstore. These Terms of Sale prevail over any other terms or conditions contained in or referred to other agreements between the parties 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.
- These Terms of Sale may be translated into any other language. However, in the event of any inconsistency between the English language version and any translated versions, this English version will at all times prevail and take precedence.