Terms of Sale
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH SIONYX, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS OR GOODS BY APPLICABLE LAW. PRODUCTS ON THIS WEBSITE ARE OFFERED FOR SALE TO PERSONS WHO ARE IN THE UNITED STATES OF AMERICA (USA). EXPORT OF THE PRODUCTS FROM THE USA IS PROHIBITED BY THESE TERMS AND CONDITIONS.
These terms and conditions (these "Terms") apply to the purchase and sale of products through www.sionyx.com (the "Site"). These Terms are subject to change by SIONYX, LLC (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product that are available through this Site. The version of these Terms that is posted on this Site at the time when you submit your order to purchase a product through the Site is the version that applies to your purchase.
- Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After having received your order, you will see an automated acknowledgement of your order on the Site. Once we have accepted your order, we will send you an acceptance email confirming your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between SIONYX, LLC and you will not take place unless and until you have received your order confirmation email. You may have the option to cancel your order before your order has shipped by contacting Customer Care at support@SIONYX.com.
Prices and Payment Terms.
- All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. If there is a typographical or other error in the price posted on the Site or in our acknowledgement or acceptance emails, we reserve the right to cancel the order and inform you of the correct price. You will then have the opportunity to submit a new order at the corrected price. Price increases (other than in the case of errors) will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email.
- Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept VISA, MasterCard, AMEX, Discover, Diners Club, Shop Pay, Apple Pay, Google Pay, Bancontact, iDeal, Meta Pay, PayPal, Amazon Pay and Klarna for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
Shipments; Delivery; Title and Risk of Loss.
- We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
- Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- Returns, Refunds and Exchanges. You may return the products for a full refund of the product price, or exchange the products for another SIONYX product, as long as you obtain a Return Material Authorization (“RMA”) within thirty (30) days of receipt of the products. Returns initiated after thirty (30) days of receipt of the products are at our sole discretion and (if we accept the return) are subject to a 15% restocking fee. Returns of defective products will be processed as a Warranty Claim and subject to SIONYX’s Limited Warranty. You can obtain an RMA number by contacting SIONYX Customer Care at firstname.lastname@example.org.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
THIS LIMITED WARRANTY CAN ALSO BE FOUND AT WWW.SIONYX.COM/WARRANTY AND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS.
- SIONYX, LLC (“SIONYX” or “we”) warrants to the original end-user/purchaser (“you”) of the product (referred to in this section as the “Goods”) that for a period of two (2) years from date of purchase of the Goods (“Warranty Period”) such Goods will be free from material defects in material and workmanship. SIONYX warrants to you that accessories included with the Goods and Accessory Kits sold separately from the Goods under a distinct product SKU] will be free from material defects in material and workmanship for a period of ninety (90) days from date of purchase.
- EXCEPT FOR THE WARRANTY SET FORTH IN (a), TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIONYX MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (A) WARRANTY OF MERCHANTIBILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OTHER WISE.
- Products manufactured by a third party (“Third-Party Product”) may constitute, contain, be contained in, incorporated into, attached to, or packaged together with the Goods. Third-Party Products are not covered by the warranty in section (a). For the avoidance of doubt, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIONYX MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY PRODUCT, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OTHER WISE.
- SIONYX shall not be liable for a breach of warranty under section (a) unless you submit a Warranty Claim as described below.
- SIONYX shall not be liable for a breach of warranty set forth in section (a) if: (i) you make any further use of such goods after acquiring a Return Material Authorization (RMA) number; (ii) the defect arises because you failed to follow SIONYX’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of such Goods; or (iii) you alter or repair such Goods without the prior written consent of SIONYX.
- Subject to section (d) and section (e) above, with respect to any such Goods during the Warranty Period, SIONYX shall, in its sole discretion, either (i) repair or replace the Goods with the same or newer model; or (ii) repair or replace the defective parts; or (iii) refund the purchase price of the Goods. To the extent permitted by law, the Warranty Period will not be extended or renewed or otherwise changed due to subsequent exchange, resale, repair or replacement of the camera or accessory. However, part(s) repaired or replaced during the Warranty Period will be warranted for the remainder of the original Warranty Period or for ninety (90) days from the date of repair or replacement, whichever is longer.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
REMEDIES DESCRIBED IN SECTION 6 ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND
FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL
PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL
ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL,
REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS, OR ANY CONSEQUENTIAL,
SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. YOU UNDERSTAND, ACKNOWLEDGE AND
THAT THE FOREGOING LIMITATIONS ON THE LIABILITY OF SIONYX CONSTITUTE AN ALLOCATION OF RISK AS
THE UNIFORM COMMERCIAL CODE AS ADOPTED IN MASSACHUSETTS AND OTHER APPLICABLE MASSACHUSETTS LAW, AND
FEES AND CHARGES FOR PRODUCTS PROVIDED BY SIONYX TO YOU REFLECT THIS ALLOCATION OF RISK AND THE
ON LIABILITY SET FORTH HEREIN.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Other limitations. The limited warranty set forth in section (a) does not apply to (i) consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (ii) to cosmetic damage, including but not limited to scratches (including to lenses), dents and broken plastic on ports; (iii) to damage caused by use with another product; (iv) to damage caused by accident, abuse, misuse, tampering, liquid (beyond the Good’s certification), grit, impact, fire, lack of proper care or maintenance, earthquake, or other external cause; (v) to damage caused by operating the Goods outside SIONYX’s published guidelines; (vi) to damage caused by unauthorized parts or by service (including upgrades and expansions) performed by anyone who is not a representative of SIONYX; (vii) to Goods that have been modified to alter functionality or capability without the written permission of SIONYX; (viii) to defects caused by normal wear and tear or otherwise due to the normal aging of the Goods; or (ix) if any serial number has been removed or defaced from the Goods.
- WARRANTY CLAIMS
- All claims under the limited warranty will require a Return Material Authorization (RMA) number. To discuss a warranty claim and acquire an RMA number, please contact SIONYX Customer Care: support@SIONYX.com (http://email@example.com/). You will be required to furnish a sales receipt/proof of purchase indicate date of purchase, amount paid and place of purchase.
- If your warranty claim is received within the Warranty Period, SIONYX Customer Care will conduct a phone evaluation to determine whether the failure is covered under the limited warranty
- If SIONYX Customer Care determines that the failure is covered under the limited warranty, SIONYX will, at its sole discretion, either
- repair or replace the Goods; or
- repair or replace the defective parts; or
- credit or refund the purchase price of the Goods.
- Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the USA in connection with your purchase, use and disposition of the products you buy from our Site, including all Export Regulations, as defined below. You represent, warrant, and agree that you are buying products from the Site for your own lawful personal or household use only, and not for resale or export. Products purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Administration Regulations (15 C.F.R. 768-799) any successor and supplemental regulations (collectively, "Export Regulations").
- Intellectual Property Use and Ownership. You acknowledge and agree that:
- With respect to the software (including firmware) and intellectual property rights embodied in products marketed on this Site, the use on this Site of the terms "sell," "sale," "resell," "resale," "purchase," "price" and the like mean the purchase or sale of a license to such software and intellectual property rights as set forth in the end-user license agreement provided with the product or service. The software (including firmware) and intellectual property rights embodied in product and service marketed on this Site are made available solely for license, not sale, to you and other prospective customers under the terms, conditions, and restrictions of the license agreement accompanying that specific product.
- You will comply with all terms and conditions of the specific license agreement for any product or service you obtain through this Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products.
- You will not cause, induce or permit others' noncompliance with the terms and conditions of any of these product and service license agreements.
- SIONYX, LLC and its licensors are and will remain the sole and exclusive owners of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks, subject only to the limited license granted under the product's or service's license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products made available through this Site, or of any intellectual property rights relating to those products.
- You hereby assign to SIONYX all right, title and interest in and to all feedback, suggestions, ideas, improvements and other comments provided by you to SIONYX relating to Products ("Feedback"), and SIONYX will have the unrestricted right to use and disclose Feedback without duty or obligation or accounting to you, and any improvements, modifications and changes made based on Feedback are our exclusive property.
- Indemnity. You shall defend SIONYX and its affiliates and their respective officers, directors, employees and agents from and against all charges, complaints, actions, suits, proceedings, hearings, investigations, claims and demands brought by a third party against any of the foregoing (collectively, “Claims”) and indemnify and hold harmless each of the foregoing against any resulting damages (including all incidental and consequential damages finally awarded by a court), penalties, fines, costs, amounts paid in settlement, expenses, costs and fees (including, without limitation, court costs, reasonable fees of attorneys, accountants and other experts or other expenses of litigation or other proceedings or of any Claim) that arise as a result of (a) the use or disposition of a product purchased from SiOnyx, whether by you or anyone else who obtains access to the product through you, or (b) your failure to comply with applicable law, including any unlawful use of the product. The foregoing indemnification obligations do not include any alleged infringement of the product in unmodified form of any third party’s intellectual property rights.
- Force Majeure. Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, epidemics or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within ten (10) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of thirty (30) consecutive days following written notice given by it under this Section 11, the either party may thereafter terminate this Agreement upon five (5) days' written notice.
- Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Commonwealth of Massachusetts.
Dispute Resolution and Binding Arbitration.
- YOU AND SIONYX, LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A
PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT
IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
- The arbitration will be administered by the American Arbitration Association ("AAA") in
the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this
AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act
the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
- You may elect to pursue your claim in small-claims court located in the USA rather than arbitration if
provide us with written notice of your intention do so within 60 days of your purchase. The arbitration
small-claims court proceeding will be limited solely to your individual dispute or controversy.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
- YOU AND SIONYX, LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
- Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 14 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
- No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of SIONYX, LLC.
- Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
- To You. We may provide any notice to you under these Terms by sending a message to the email address you provide. Notices sent by email will be effective when we send the email. It is your responsibility to keep your email address current.
- To Us. To give us notice under these Terms, you must contact us as follows by overnight courier or registered or certified mail to SIONYX Customer Care, 100 Cummings Center Suite 303B, Beverly, Massachusetts 01915. We may update the address for notices to us by posting a notice on the Site. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
- Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.