Please read these Terms and Conditions carefully before accessing, using or obtaining any materials, information, products or services.
This agreement (“Terms and Conditions”, “T&C”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Something Modular (“we”, “us” or “our”) concerning your access to and use of our website located at somethingmodular.fr .
By accessing this website you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the website.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.
2. Your use of this website
You must not use this Website for anything that is unlawful or is prohibited by these T&C and/or any notices elsewhere on this Website.
The Company advises that you seek professional advice before relying on any information on this Website. Under no circumstances will the Company be liable in any way for any information it provides on the Website or through the Services, including, but not limited to, any errors or omissions in any content and information, including but not limited to text, software, photographs, graphics, video or other material (also known as “Content”), or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
You represent and warrant to Company that you are of legal age to form a binding contract or have your parent’s permission to do so. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
If you link to the Website, we may revoke your right to so link at any time. We reserve the right to require prior written consent before linking to the Website.
You will indemnify and hold the Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of these T&C, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
3. Your Account
In order to register an account (“Account“) on this Website, you need to either:
- Provide your name and email address and become a subscriber of this Website (“Subscriber“) to gain access to the private content on this Website you’ve requested access to.
- Complete the Checkout by providing billing details and become a customer of this Website (“Customer“) and access the Services you’ve purchased, including free products.
You must provide true, accurate, current and complete information about yourself when completing the forms. If any information provided by you is not true, accurate, current and complete, the Company has the right to cancel your account and refuse any and all current or future use of this Website.
Account registration requires at least your first name and a valid email address. Your username (“Username“) and a secure password (“Password“) will be emailed to you.
The Company reserves the right to cancel your Username and Password without notice if the Company becomes aware of any breach of these T&C by you.
Once the Company has sent you a confirmation email you will become a member (“Member“, i.e. either a Customer or a Subscriber who has an Account on this Website) and will be able to access the Services available via the Website.
You may cancel your Account at any time. Please contact us at email@example.com
4. Your Personal Data
5. Purpose, Refunds, Payments and Taxes
The Company enables Users to buy services and products online including but not limited to kits, parts, synthesizer modules, repair services, services, and other products.
You are required to pay in advance before gaining access to the Services. All payments are non-refundable.
The Company reserves the right, in its absolute discretion, to determine your eligibility for any discounts, and to withdraw or to modify a discount program at any time without prior notice and with no liability.
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided.
Depending on your residency or location, you may be subject to certain ad valorem or other taxes (for example, VAT in Europe), on certain fees that we charge. These taxes will be added to fees billed to you, if applicable.
You acknowledge that you must comply with your obligations under income tax provisions in your jurisdiction.
We never store credit card numbers, as transactions are securely looked after by PayPal and Stripe.
6. Third Party Content and Services
The Company is not an agent of any third party or any party named or linked to this Website (“Third Parties“) and does not have any authority to act for such Third Parties. The Company does not control or endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such Third Parties.
You agree that we are not responsible for the availability or contents of any such third party sites, or the services they provide, which shall be governed by the Terms and Conditions of that third-party business. Your use of third party sites and services is at your own risk. You agree to comply with the relevant terms and conditions of any such third party service provider.
You agree that (to the maximum extent permitted by applicable law) the Company (and our officers, directors and employees) shall have no liability to you in relation to any dispute which you may have with a Third Party, without limitation one or more of your customers, and/or any other users of this Website.
7. Intellectual Property
You acknowledge and agree that all Content provided on the Website or through the Services is protected by copyright.
You shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you without prior written consent.
Without prejudice to any remedy that the Company may have against you, the Company may terminate or suspend with immediate effect and without notice your access to and use of this Website if:
- It does not receive timely payment;
- It reasonably believes that you have breached any of these Terms and Conditions;
- It is unable to verify the accuracy or validity of any information provided by you;
- Or it suspects fraudulent, abusive or illegal activity by you.
Should you object to any of these Terms and Conditions, or any subsequent changes to them, or become dissatisfied with this Website in any way, your only recourse is to immediately discontinue to access or use this Website.
9. Warranty Disclaimer and Limitation of Liability
The Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no control over, and no duty to take any action regarding:
- which users gain access to the Services;
- what Content you access via the Services;
- what effects the Content may have on you;
- how you may interpret or use the Content;
- or what actions you may take as a result of having been exposed to the Content.
You release Company from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate.
THE SERVICES, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU FOR THE SERVICES PURCHASED THROUGH THE WEBSITE DURING THE SIX-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (V) FOR ANY ACTIONS OF, OR SERVICES PROVIDED BY, THIRD-PARTY SERVICE PROVIDER BUSINESSES OR INDEPENDENT CONTRACTORS PROVIDING SERVICES ON BEHALF OF THE COMPANY.
Whilst the Company will try to provide you with uninterrupted access to this Website and its Services, the Company may need to withdraw, modify, discontinue or temporarily or permanently suspend one or more aspects of this Website where the Company has a legal, technical or other good reason to do so (including technical difficulties experienced by the Company or any Internet infrastructure). However, The Company will try, wherever possible, to give reasonable notice of the Company’s intention to do so.
The Company reserves the right to withhold, remove and/or discard any Content available as part of your account, with or without notice if deemed by the Company to be contrary to these Terms and Conditions.
If the Company fails to exercise or enforce a right under the Terms and Conditions that failure shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, that provision shall be deemed severed and the validity and enforceability of the remaining provisions shall not be affected. The parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.
Each party acknowledges that on entering into these Terms and Conditions, it does not rely, and has not relied, upon any representation (whether negligent or innocent), statement or warranty made or agreed to by any person (whether a party to these Terms and Conditions or not) except those expressly set out in these Terms and Conditions.
Unless expressly provided in the Terms and Conditions no term of them is enforceable by any person who is not a party to it.
11. Complaints, Disputes, Contact and Feedback
If you have any questions about this Agreement or if you wish to report breaches of this Agreement, please contact us by emailing us at firstname.lastname@example.org.
Kits and products from Something Modular are sold with the following terms and conditions. If you don’t understand or agree with these terms and conditions then you should not purchase or construct kits or products from Something Modular.
- You, the customer, agree that once the supplied item is unpacked in any way and contact is made between any part of it with any tool (including but not limited to Soldering iron, snips, pliers, screwdriver , wire cutters) that the successful construction, safe powering and necessary calibration of that kit is purely your responsibility.
- While the successful construction, safe powering and necessary calibration of that kit is purely your responsibility we do provide build support and debugging advice purely as a gesture of goodwill. We provide this wherever possible, within the limits of our experience and knowledge and at the speed our busy work schedule allows. We cannot guarantee you will end up with a working device but we will naturally replace any parts that we jointly identify as faulty. Your patience and co-operation with us is vital in ascertaining whether parts are faulty due to a build error or not. You will need a digital multimeter.
- The customer is responsible for the safe handling of any parts which come in packaging warning of sensitivity to ESD (Electrostatic Discharge) – These parts can be damaged without any physical contact at all.
- The customer is solely responsible for ensuring the finished kit will not damage other equipment that you connect it to. Damage to other equipment is your responsibility. We are not responsible if you injure yourself or others, or damage any of your property or others property during the construction or use of kits purchased from Something Modular.
- You, the customer, must use your real email during registration. Communication from Something Modular will always be made via the email supplied when registering or via your PayPal email. If you enter a fake or incorrect email during registration or at any point after registration you break our Terms and Conditions and could miss vital information about the products you have purchased such as build documentation updates. It will be obvious to you if you accidentally entered an incorrect email as you will not receive the following emails; Confirmation of registration on Something Modular, confirmation of orders placed, confirmation of orders shipping. It is your responsibility to enter a correct email and to check that email responses from Something Modular are not being sent to spam.
- You must whitelist our email address in your email system to ensure that our emails to you do not go into your spam folder.
- If choosing a tracked shipping method then you the customer are responsible for tracking the parcels progress online to avoid missed deliveries. If a parcel is returned to Something Modular due to this then you are responsible for paying the return shipping cost.
- We can also offer a refund on the products if they arrive back in good condition in this instance, but not on the original delivery cost.
- We do not offer or perform repairs of any type, under any circumstance. Any returns must be arranged in advance. Partially or fully constructed modules should not be returned to Something Modular.
- If you buy a kit as a gift or sell it to a third party (in incomplete, partially complete or fully complete form) it is your responsibility to make the person receiving the kit aware of these terms and conditions.
- If you discover any parts or items missing in your order you must inform us within 30 days of receipt of the order to be eligible for replacements.
- Refunds on purchases are discretionary and reviewed on a case by case basis. All refunds must be requested within 30 days of the shipping date. Goods should never be returned without following the process laid out below. All returns made without following the process below will be returned to sender unopened, the sender also then becomes eligible for the return postage cost.
- We take our customers privacy seriously. We will never sell or give any information you provide to us to a third party.
We do not store or collect our customers financial details. We securely accept credit and debit card or PayPal payments without capturing or storing card or any other financial information on our website. Payment information is collected by PayPal using a secure inline frame inside our website.
- REFUND OR RETURN PROCESS
You must Email us within seven days of payment or within seven days of receipt of the goods (whichever is the longer) and clearly state:
- Reason for refund or return
- somethingmodular.fr order number (e.g. #1234)
- Payment method.
- Payment transaction ID (Paypal or Worldpay) OR time/date/reference.
We will respond within 1-21 days with either:
- An acceptance of your refund or return request and a unique RMA number (e.g. RMA****)… OR
- A request for further information…. OR
- A refusal (e.g. if the request is made outside the stated return period)
If your refund or return request is accepted your goods should be addressed to:
10 rue de la Gare
92320, Châtillon, France