Terms of Sale
Last Updated: January 23, 2020
Please read these Terms of Sale (the “Terms”) carefully because they govern the purchase of any products (“Products”) you buy from Rock The Bells, Inc. (“RTB,” “us” or “we”), unless you have signed a separate written agreement with us that supersedes these Terms.
When you place an order to purchase any Products, you agree (a) that RTB (or our third-party payment processor) may charge the credit card, debit card or other payment method you have chosen for your purchase verification, pre-authorization and payment purposes for the total amount of your order (including any applicable taxes, shipping and handling fees), and (b) to bear any additional charges that your bank or other financial service provider may levy on you.
Once you place your order following the on-screen instructions, we’ll email you with an order confirmation (“Order Confirmation”) that indicates that we have accepted your order. We’re not bound to sell you any Product until we have accepted and processed your payment. We’ll email you with a notification once the item has shipped.
We reserve the right to not process or reject your order in certain circumstances, for example, if your payment method is declined, if we suspect the request or order is fraudulent, or in other circumstances RTB deems appropriate in its sole discretion. We may also limit the order quantity, extend the delivery timeline for any reason after the order has been placed and accepted, and/or refuse to ship a Product to you for any reason. RTB also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. Our acceptance of your order is expressly conditioned on your unconditional acceptance of these Terms, even if you communicate with us otherwise. We do not accept any changes to or rejections of these Terms that you may communicate to us in any form and all such terms and conditions will be null and of no effect.
We have made every effort to display as accurately as possible the colors and images of the Products. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Product to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. All descriptions of Products or product pricing are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product made via our Services is void where prohibited.
Order Cancellation & Returns
You may not cancel your order after your order is placed. Any returns or exchanges are subject to our Return Policy.
Shipment and Delivery
We may provide a single shipping method and carrier, or multiple methods and carriers, for Product delivery, at our sole discretion. You will be responsible for all shipping-related costs and expenses, and these will be noted on your order screen before you make your purchase. Once the Product is sent to the carrier, ownership of the Product and the risk of that Product’s loss passes to you.
You understand that all shipment dates are estimates only. We’ll make reasonable efforts to meet the scheduled shipment dates, but in no event will we be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery, nor will the carrier be deemed our agent. If you purchase multiple Products, we may send you your Products in installments and charge you separately for each installment. We have the right to allocate our available inventory of the Products among other purchasers in such manner as we see fit. If we’re not able to charge your payment method or you fail to pay for your purchase, we have the right to delay or suspend shipment of the Products.
You may only purchase Products for your personal use. You may not commercially resell any Product, but you may give a Product as a gift. These Terms apply to any gift recipient. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.
ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS ARE LIMITED TO THE DURATION OF THE APPLICABLE EXPRESS WARRANTY. ANY OTHER CONDITIONS, REPRESENTATIONS OR WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, ARE DISCLAIMED. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction.
You agree to defend, indemnify, and hold RTB, its subsidiaries and affiliates, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to your violation of these Terms or for liabilities, interest, penalties or fees assessed against us arising from any failure by you to pay any required taxes.
Limitations of Liability
IN NO EVENT WILL RTB BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, USE, PROFITS, DATA, OR GOODWILL) OR COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS OR THE PURCHASE, SALE, USE, OPERATION OR PERFORMANCE OF THE PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WHETHER OR NOT RTB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU AND RTB HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL RTB’S LIABILITY TO YOU ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED THE ACTUAL AMOUNT PAID TO RTB BY YOU FOR THE PRODUCT THAT GIVES RISE TO THE CLAIM. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Our goal is to provide you with great service, so we’ll try our best to resolve any disagreements that you have with us. If we can’t, then you and we both agree to resolve disputes related to your use of the Services or these Terms (each, a “Claim”) in binding arbitration instead of court, except that (a) a Claim may be brought in small claims court if it qualifies for it and (b) either party may bring suit in court to enjoin the infringement or other misuse of intellectual property rights.
What is arbitration? Arbitration does not involve a judge or jury. Instead, a neutral person (the “arbitrator”) hears each party’s side of the dispute, and makes a decision that is finally binding on both parties. The arbitrator can award the same relief as a court could award, including monetary damages. While court review of an arbitration award is limited, if a party fails to comply with the arbitrator’s decision, then the other party can have the arbitration decision enforced by a court. If for any reason a Claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.
Can a Claim be part of a class action or similar proceeding? No. You agree to resolve your Claims with us solely on an individual basis, and not as part of a class, representative or consolidated action. We agree to do the same.
What rules apply in the arbitration? The arbitration will be conducted under the American Arbitration Association (“AAA”) Consumer Arbitration Rules (the “AAA Rules”). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.
- How will the arbitration be conducted? How much does it cost? The arbitration will be conducted by the AAA or a comparable arbitration body in the event the AAA is unable to conduct the arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Unless the arbitrator finds your Claim frivolous, we’ll pay for all filing, administration and arbitrator fees if your Claim is for less than $10,000, and we won’t seek our attorneys’ fees and costs if we prevail in the arbitration. The arbitration may be conducted in writing, remotely (e.g., by videoconference) or in-person in the county where you live (or at some other location that we both agree to).
How do I start an arbitration proceeding? To begin an arbitration proceeding against us, send a letter requesting arbitration and describing your Claim to325 N. Larchmont Blvd #188, Los Angeles, CA 90004. If we request arbitration against you, we will give you notice at the email address or street address you provided.
INSTRUCTIONS FOR OPTING-OUT OF ARBITRATION: If you don’t want to agree to arbitrate your Claims as explained above, then you can opt-out of this arbitration agreement by notifying us of your decision in writing at firstname.lastname@example.org or 325 N. Larchmont Blvd #188, Los Angeles, CA 90004. You must opt-out within 30 days of the date you first agree to these Terms or any updated Terms.
This Dispute Resolution section only applies to Claims between us and individual consumers, and is governed by The Federal Arbitration Act.
These Terms are governed by the laws of the State of California without regard to its conflict of laws provisions.
Choice of Forum
The exclusive jurisdiction for all Claims that are not subject to arbitration, including any Claims brought on behalf of a company or other legal entity, will be the state and federal courts located in the Northern District of California, and you and RTB each waive any objection to jurisdiction and venue in such courts.
These Terms constitute the entire and exclusive understanding and agreement between RTB and you regarding the purchase of Products as stated herein, and these Terms supersede and replace any and all prior oral or written understandings or agreements between RTB and you regarding such a purchase. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without RTB’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. RTB may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by RTB under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the RTB website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
RTB’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of RTB. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms, please contact RTB by any of the following methods:
Physical mail: 325 N. Larchmont Blvd #188
Los Angeles, CA 90004