Terms & Conditions
Please read these Terms and Conditions of Sale (the “Terms”) carefully because they govern the purchase of HB Rings (“Products”) you buy and or order from TheTouch X s.r.o. (“TheTouch” “us” or “we”).
All mentions of “sell” and “purchase” in these Terms, mean “sell” and “purchase” only with respect to the non-software elements of the Product. Any software installed in our Products or used together with our products are licensed to you, not sold. You may only use the software for its normal, intended use with our Products and in accordance with the Software License section below. These Terms apply whether or not they are included with the Products sold hereunder.
1. Ordering Products
If you want to purchase Products from us, simply click on the “order ” button and follow the directions on-screen. Once you place your order, 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. All orders are subject to acceptance and availability at our sole discretion. Our acceptance of your order is expressly conditioned on your unconditional acceptance of these Terms, even if you communicate with us otherwise, using other means. 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. The terms of our Warranty program apply to any purchase and are incorporated herein by reference.
You understand and agree that you assume all risk and liability, and we have no obligation or liability whatsoever to you or anyone else for any of the following (“Disclaimed Activities”):
• use of the Product other than in accordance with published specifications;
• modifications, alterations, adjustments or repairs to the Product made by a party other than one we authorize;
• failure by you or a third party to comply with environmental and storage requirements for the Product specified by us, including, without limitation, temperature or humidity ranges;
• damage from external causes such as dirt, sand, battery leakage, power surges, or improper usage of any electrical source;
• use of the Product in combination with any third-party devices or products that we have not provided or recommended to you;
• any damage to property or persons caused by your use of the Product that is not caused by material defect, including your failure to understand the functionalities of the Product;
• leaving the Product in direct sunlight for long periods;
• attempting to charge the Product with any charger other than the one provided by us;
• attempting to affix anything to the Product;
• failing to make sure that any other person who uses the Product also complies with these terms and any other guidance we provide you, whether this guidance is included in writing with the Product or made available on our website;
• any continued use of the Product after you detect any material defect, including erratic responses to user input;
• any other improper use of the Product.
The Products are not toys and improper operation may cause serious injury and property damage.
2. Order Cancellation
You may cancel your order any time before your purchased Product ships and if your payment has already been processed, receive a full refund. Please allow 14-30 days for the refunds to be completed to the original source of payment.
2.1. We retain rights to cancel or suspend orders, if information provided by customer is false or misleading, as well as for other unauthorized, inappropriate or harmful activity.
2.2. We retain rights to cancel orders if the Product is out of stock or no more available.
3. Shipment and Delivery
We may provide a single shipping method and carrier, or multiple methods and carriers, for Product delivery, at our sole discretion. We will be responsible for all freight, packing, insurance and other shipping-related costs and expenses, and these will be noted on your order screen before you make your purchase.
When your order is dispatched you will receive an email notification with a tracking number. Use the tracking number to locate your parcel on the DHL or UPS website. Please note that you will not be able to track your order until the day after you receive your tracking information.
IMPORT TAXES
All orders are shipped from EU. International orders outside EU and United States may be subjected to import taxes and custom duties. Please check the amount import tax with your local customs authority.
In case where customer decides not to pay the import taxes and the order is returned, the return shipping costs are deducted from the final amount of refund.
3.1. We currently ship to addresses only within following countries:
North America: Canada, United States including Hawaii, Alaska and Puerto Rico.
*We do not deliver to the U.S. Virgin Islands, Guam, American Samoa, Micronesia, Marshall Islands, Northern Mariana Islands, and Palau. We do not deliver to Mexico, and South America.
Europe: EU countries, Switzerland, Norway, Iceland and Liechtenstein.
*We do not deliver to Albania, Belarus, Bosnia & Herzegovena, Kosovo, Macedonia, Moldova, Montenegro, Russia, Serbia, Ukraine.
Asia/Pacific: Australia, Hong Kong, Indonesia, Japan, Macau, New Zealand, Qatar, Saudi Arabia, South Korea, UAE.
We do not ship to P.O. Boxes or freight forwarder addresses, with an exception of military APO/FPO address.
3.2. You understand that all scheduled Shipping 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. 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.
4. Returns, Refunds, Cancelations and Exchanges
You can return your Products within 30 days after receiving your order and request a full refund. Return shipping is free with provided pre-paid return shipping label*.
To return your order and receive a full refund, all following conditions must be met:
-A return notice must be sent to info@thetouchx.com within 30 days after receiving your order.
-The return package must be shipped to us within 30 days of receiving your order.
-You must return the Product to us to receive a refund, or have it exchanged.
-All accessories originally included with your order must be included with your return to qualify for a refund.
-Returned Product must be not used and the product tags must be not removed from the ring.
-All included charger boxes must be without sign of extensive use.
-Any promotional items or gifts that were part of the original purchase or were sent to you during ring size replacement, must be returned in order to obtain the refund.
In case returned Product has signs of extensive use, the amount of refund can be subjected to change.
Express shipping fees are not subjected to refund.
*For delivery addresses out of US and EU. In case you paid import taxes or duties, it is your responsibility to claim a refund from your local customs after you return us the package.
After returning the Product, please allow 14 days for the refund to be completed to the original source of payment.
For orders with value over 399.00 USD/EUR - Return shipping is free.
For order with value less than 399 USD/EUR - Return shipping costs 9.99 USD/EUR and will be deducted from total amount of refund.
You can return your order after size exchange within 14 days after receiving your package with size replacement, as long as the products are not used and tags are not removed. A restocking fee of 10% from total order cost will be deducted from total refund amount, to partially offset the multiple shipping expenses.
4.1. You can exchange your ring size with 30 days after receiving your order, as long as the security tags on the rings are intact.
Shipping costs for first ring size exchange are covered by us, using provided pre-paid shipping label. Any subsequent ring size exchange is possible at additional fee, depending on the shipping location.
We will prosecute to the fullest extent of the law any fraudulent activities, including without limitation, any attempt to reverse or seek a refund of valid charge for an order that has been fulfilled and delivered and is not subjected to a right of return. This does not affect your statutory rights. For more information contact your local Citizens Advice Bureau Trading Standards Office, or equivalent in your jurisdiction.
5. Prices and Taxes
The prices for the Products will be as specified during checkout and in your Order Confirmation. Prices are stated in U.S. dollars with a separate subtotal excluding sales tax for purchases made within the United States. You agree to pay the applicable sales tax relating to the Products you purchase from us. You are also responsible for any other taxes imposed in connection with your purchase and use of the Product. All orders are shipped from EU, and you may be subjected to import taxes in countries out of EU and U.S.
6. Indemnity
You agree to defend, indemnify, and hold TheTouch, 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 and your participation in Disclaimed Activities, or for liabilities, interest, penalties or fees assessed against us arising from any failure by you to pay any required taxes.
7. Warranty and Limitations of Liability
SUBJECT TO OUR WARRANTY PROGRAM, THE PRODUCT IS PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE PRODUCT IS AT YOUR OWN RISK, AND IN NO EVENT WILL THETOUCH 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 THETOUCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU AND THETOUCH 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 THETOUCH'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 THETOUCH BY YOU FOR THE PRODUCT THAT GIVES RISE TO THE CLAIM.
8. Software License
Subject to your compliance with these Terms, TheTouch grants you a limited non-exclusive, non-transferable, non-sublicenseable license to use the software in the Product and mobile software supporting the Product (the “Software”), as part of your use of the Product for your own personal, non-commercial purposes and for no other purposes. You may not (i) copy, modify or create derivative works based on the Software; (ii) distribute, transfer, sublicense, lease, lend or rent the Software to any third party; (iii) reverse engineer, decompile or disassemble the Software; or (iv) make the functionality of the Software available to multiple users through other means than originally intended. TheTouch reserves all rights in and to the Software not expressly granted to you under these Terms. User profiles created in mobile applications or other applications provided by our Company can be deleted or blocked due to violation terms of use. All Software is protected by EU and U.S. copyright law and international treaties
9. General Terms
These Terms constitute the entire and exclusive understanding and agreement between TheTouch and you regarding the purchase of the Product, and these Terms supersede and replace any and all prior oral or written understandings or agreements between TheTouch and you regarding such a purchase. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, 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 TheTouch's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. TheTouch 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 TheTouch under these Terms, including those regarding modifications to these Terms, will be given: (I) via email; or (II) by posting to the www.thetouchx.com. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
TheTouch'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 TheTouch 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.
Contact Information
If you have any questions about these Terms, please contact us.
Last updated 01 November 2022.