These Terms of Sale are a legal agreement between you and Professional Audio Components, 85 Saratoga Blvd, Island Park , United States of America and its affiliated entities (collectively, “Paccorp,” “we,” “us,” and “our”). These Terms of Sale apply to all purchases of Paccorp products (“Products”) and services (“Services”) you make through the Paccorp websites, including Paccorp.us (the “Website”), or over the phone/chat/text with the Paccorp Support team. Based on your territory and/or the delivery territory of the Products or Services, a different version of these Terms of Sale may apply. If this is the case, such different version will be presented to you at the point of purchase.
1. Products and prices
Some of the Products and Services featured on the Website are displayed for promotional purposes only and may not be available for purchase through the Website. All Products offered for purchase on the Website are subject to availability and we reserve the right to impose quantity limits. Prices are subject to change without notice. Prices do not include applicable Taxes (defined below), shipping and handling charges, or other fees, unless we clearly state otherwise or are required by law to display prices inclusive of any Taxes, charges, and other fees.
We attempt to be as accurate as possible and to eliminate errors on our Website; however, we do not represent or warrant that the descriptions, pricing, or other Product- or Service-related information is accurate, complete, reliable, current, or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged.
Our presentation of Products and Services shall not be considered a binding offer, but rather an invitation to place an order. We reserve the right, at our sole discretion, to cancel or refuse any order for any reason at any stage of the process prior to delivery, including after an order has been submitted and whether or not the order has been confirmed. Unless otherwise agreed to by Paccorp, payment must be received by Paccorp prior to acceptance of an order. Notwithstanding the foregoing, Bose may in its discretion choose not to charge your credit card until your order has been shipped. Paccorp may process payment for and ship parts of an order separately.
3. Promotions, voucher codes, special offers
All promotional offers, voucher codes, exclusive offers and special offers (“Offers”) are subject to the terms and conditions of the associated Offer and may not be combined or used in conjunction with other Offers unless specifically permitted. Only one Offer may be used per order and such Offer is applicable to in-stock items only, unless otherwise agreed to by Paccorp. Paccorp reserves the right to decline orders where it determines in its sole discretion the Offer or use thereof is invalid. Purchases using an Offer must comply with the terms to qualify for the Offer and may be subject to additional conditions than those contained in these Terms of Sale as provided to you in connection with the Offer. Offers are not redeemable for cash.
4. Limited edition
Paccorp may occasionally offer variations of a Product in limited quantities (“Limited-edition Products”). Offers may not be applied to the purchase of Limited-edition Products. Limited-edition Products may look and perform differently than their standard counterpart. Replacement of Limited-edition Products is subject to availability and may be replaced with a Product of similar kind, in Paccorp sole discretion.
Products sold through the Website are not authorized for resale or export. The Website sells and ships Products to end-user customers only, and Bose reserves the right to refuse or cancel your order if we suspect you are purchasing products for resale or export. The resale of or offer to sell a Paccorp product without the authority of Paccorp is an infringement of Paccorp’s 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; to restricted end users; or for restricted end uses according to applicable export and sanctions laws of the United States.
6. Payment information
For your convenience, we offer a wide array of payment methods to complete your purchase as indicated to you at the point of sale. By providing a credit card or other payment method that we accept, you represent and warrant that: (1) all payment information is accurate; (2) you are authorized to use the designated payment method; and (3) you permit us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes, shipping charges (If any) and other charges). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your order(s) may be suspended or cancelled. Please note that some credit card companies, banks, and financial institutions may place an authorization or temporary hold on your account in connection with your purchase. Please contact your credit card companies, banks, or financial institutions directly to inquire about any such authorization or hold.
To the fullest extent permitted by applicable law, you are responsible for any sales, use, value-added, or other governmental taxes, fees, or duties (collectively, “Taxes”) due with respect to your purchase and use of Products and Services. Paccorp collects Taxes if we determine we have a duty to collect Taxes based on the type of Product or Service purchased, date of shipment, and the shipping address.
8. Shipping, risk of loss, and delivery
You agree to pay any shipping and handling charges shown at the time you place an order. We reserve the right to increase, decrease, add, or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. The number of days quoted for standard and express shipping refers to transit time only, additional time is required to proceed orders (typically 1 – 2 business days). Unless we state otherwise, risk of loss or damage to a Product passes to you upon shipment of the Product to your specified delivery location. You have thirty (30) days from the shipment date to notify Bose of any missing, wrong, or damaged portion of your order.
Orders placed on Paccorp.us can only be shipped to addresses within the United States, US Virgin Islands, and Puerto Rico. If you would like to place an order for shipment to another country, please visit Paccorp Worldwide.
If you have any questions or concerns regarding shipping, please contact us at: Paccorp Product Support.
9. Returns and refunds
For return of Products purchased from the Website, please refer to our Return Policy. Paccorpdoes not accept return of products purchased from other retailers.
Information on the Paccorp limited product warranty can be found on our website: Warranty.
11. Limitation of liability
IN NO EVENT SHALL PACCORP OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR 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, SERVICES, OR THE WEBSITE, WHETHER OR NOT PACCORP HAS 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 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.
THE FOREGOING LIMITATIONS ARE FUNDAMENTAL AND MATERIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BOSE AND YOU AND WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of these limitations may not apply to you. If you are located in New Jersey, United States, the limitations in this Section do apply to you; however, this provision will not apply to claims for damages caused by Paccorp’s intentional, reckless, or grossly negligent conduct.
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.
12. Third-party products and services
Paccorp does not warrant, endorse, guarantee, or assume responsibility for any product advertised or offered by a third party through the Website or any website featured or linked to through the Website, and Paccorp 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. Paccorp 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.
14. Repair services
All determinations regarding the eligibility of a Product for repair services (including replacement services) shall be made by Paccorp and shall be final. Paccorp shall at all times have discretion to determine if a Product qualifies for repair services.
In the event the customer requests repair services outside of the applicable Product’s Warranty, Paccorp may charge a fee and collect required Taxes for such Services, and all related shipping costs (packaging, transport, and insurance) shall be borne by you, unless otherwise agreed to by Paccorp. The fees charged for such Services are calculated based on Paccorp’s best estimate of the work needed to be performed. The fees applicable to the Services will be charged prior to completion of the Services.
Paccorp will endeavor to complete all repair services in a reasonable time, but any completion deadlines or estimates of which you are notified are non-binding. Paccorp is not responsible for any damages or costs incurred for any delay in completion of repair Services.
Your repaired Product is covered by the Paccorp limited product warranty for a period of 1 year after the repair services.
15. Counterfeit products
Paccorp reserves the right to inspect all products delivered to them for return, exchange, or service. If Paccorp determines that the product is not a genuine Paccorp product (i.e. a counterfeit), you acknowledge and accept that Paccorp will not (and is not obligated to) complete the return, or exchange, or service the product. In addition, you agree that Paccorp may elect to either: arrange for the product to be returned to you (at your expense) or permanently retain or destroy the product, in exchange for Paccorp providing you with a communication confirming that the product is a counterfeit. You may present this communication to the seller of the product or your credit card company for the purposes of seeking reimbursement of the sum you paid for the counterfeit product. You recognize that counterfeit Paccorp products may be unsafe for use and that Paccorp has legitimate reasons to exercise its right to retain/destroy any counterfeit product, in order to (a) prevent personal injury or damage to property (b) prevent resale of counterfeit products and/or (c) protect the Paccorp brand and reputation. Further information on counterfeit products can be found at Counterfeit products (Paccorp.us).
16. Backup data
Before sending your Product to Paccorp for any reason, including repair or return, you are required to, using your own means: (1) back up any data on the hard drive(s) and on any other storage device in the product; and (2) remove all confidential, proprietary, and personal information. Paccorp is not responsible for any confidential, proprietary, or personal information; lost or corrupted data; or damaged or lost removable media that may be included with your return.
17. Return Policy
Paccorp values its relationship with you and offers you a risk-free trial for most Products purchased directly from Paccorp. For all purchases not made directly from Paccorp, please check the return policy of the location from which you purchased your product.
If you are unsatisfied with your purchase of Products directly from Paccorp, please follow the steps in this Return Policy for a refund. Final sale products, shipping, and handling charges, gift box and gift wrap fees, and certain taxes paid are not refundable. Paccorp reserves the right to deny any returns in circumstances involving excessive returns, violation of the Terms of Sale, suspected fraud, or other impermissible activity.
To qualify for a refund, you must:
- purchase your Product directly from Paccorp
- request a return authorization within the applicable risk-free trial period for your Product (30 days for Aviation Products / 90 days for all other Products);
- deliver the Product (including all accessories, cases, and parts included in the original packaging), in good physical condition to Paccorp within thirty (30) days of receipt of your return authorization number; and
- include the return authorization number with your return.
If you do not obtain a return authorization number prior to shipping, Paccorp reserves the right to deny the return and is not responsible for returning any Product delivered to it. If you choose not to use the Paccorp pre-paid return shipping label and instead select a carrier of your choosing, you are solely responsible for the Product until Paccorp confirms receipt of the Product to you and you will bear any risk of loss. Where you choose your own carrier Paccorp shall have no liability for any lost, stolen, or damaged Product prior to confirmation of receipt by Paccorp.
After receipt and confirmation of your return, Paccorp will issue a credit or refund of the purchase price paid for the returned Product, subject to any reductions or exceptions as set forth in this Returns Policy. If you received a discount for purchasing multiple items, a promotional item, or free item, Paccorp may deduct the value of the discount, promotional item, or free item from any refund or credit you receive if you do not return all items purchased.
If your return fails to meet any of the conditions of this Return Policy, Paccorp may, in our discretion, refuse to accept it or charge you a restocking fee of up to 20% of the original price.
Final sale products. Products identified as “Final sale” are not eligible for return or exchange, only warranty service. If your Product arrived damaged or you have received the wrong Product please contact us as provided below.
How to return a product. To initiate a return online, please go to Return your order.