TERMS & CONDITIONS

Introduction

Welcome, these are the Terms and Conditions of Service (hereinafter, the “Terms”) for the website www.dunuusa.com (the “Site”), including its sub-domains and its mobile optimized versions, along with any products and services offered thereby.  These Terms shall supplement our Privacy Policy (the “Policy”), incorporated herein by reference.

 

The Site and the provided products and services are delivered by DUNU Topsound LTD (hereinafter referred to as “DUNU Topsound”).  The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to us, DUNU Topsound and/or our affiliates, assignees, successors and/or brands.  As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site, whether registered under an account or not.

 

All terms hereon refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to our users in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting of our customer’s needs in respect of provision of DUNU Topsound’s stated products and services.

 

Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

 

By accessing this Site, you are agreeing to be bound by these web site terms and conditions of use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.  If you do not agree with any of these Terms, you are prohibited from using or accessing this Site. The materials contained in this Site are protected by applicable copyright and trade mark law.

 

Services Offered

DUNU Topsound is an online marketplace where users can purchase quality headphones and personal audio equipment, either sourced directly from us or from our first party selected providers.

 

Accordingly, DUNU Topsound agrees to furnish its online e-commerce services (the “Services”) to: (i) the visitors that browse the Site; (ii) buyers and sellers of goods registered into the Site; and (iii) any other users that have opened an account, all subject to the following Terms.

 

Subject to the terms and conditions of these Terms, and solely in order to use the Services, you are hereby granted a non-exclusive, limited, revocable, non-transferable authorization to use the Services use only as permitted by the features of the Services and by these Terms.  DUNU Topsound hereby reserves all rights not expressly granted herein in the Service. DUNU Topsound may terminate this authorization at any time and for any reason.

 

Updates

DUNU Topsound reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, at any time and without notice.  Any changes will be displayed in the Site, and we may notify you by email. Please refer to the last effective date where changes were last undertaken by us.  Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.

 

Payments

We use worldwide accepted third-party payment processors to bill you through a payment account linked to you.  You hereby authorize us the charging of fees through your indicated payment processing account.

 

The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors.  DUNU Topsound is not responsible for any and all errors, fees and currency conversions fees by the payment processor, and you should review its terms and policies from time to time, which will govern the provision of services to you.

 

You must provide us valid and current billing information.  If we detect any chargeback or if any payment is not received by us for any reason from your card or account, you will promptly pay us any and all amounts due to us upon notice.  Any failure or inability by us to process any payment hereunder does not relieve you from your payment obligations.

 

You can always contact our team with questions about your order, and we will strive to answer them and work together to solve any such doubts.

 

Orders & Payments

There may be occasions where a product that is listed on the Service has been incorrectly listed (e.g. typographical error, hand error or system error).  In such case, DUNU Topsound hereby reserves the right to refuse or cancel any orders placed for any and all products incorrectly listed. If your payment processing method has already been charged, DUNU Topsound will cancel your order and issue a refund or credit to your payment processing account in the amount of the incorrect price.

 

The receipt of the order is recorded and confirmed by the Site, with the sending of an e-mail to the e-mail address communicated by the customer during registration.  The order receipt email will show date and time of purchase, an "Order Number" and a personal "Customer Code". Please, try to keep the email until you receive the purchased product(s).

DUNU Topsound will undertake its reasonable commercial efforts to ensure that the quoted prices and descriptions are true, accurate, updated and correct, but notwithstanding the foregoing, DUNU Topsound cannot fully guarantee such information. Accordingly, the products and services provided via the Site may or will be discontinued, and their specifications, availability, eligibility, prices and characteristics will be subject to change at any time, without prior notice and without any responsibility on behalf of DUNU Topsound.

 

While products offered on-line via our Site will usually be priced based upon the merchandise prices indicated by our affiliates, it is possible that you may encounter difference in prices due to promotional events and updated pricing at different times.

 

Please be advised that the color of actual products may or will vary to the one displayed on your monitor.  We strive to display the colors of the products shown on the Site as accurately as technically feasible, but nonetheless we cannot guarantee that your monitor will any color accurately.

 

Upon placing an order, payment must be received by DUNU Topsound prior order processing and shipping.  Once payment clears, we will proceed to shipping. It is made note that all items are subject to availability, and DUNU Topsound will inform you if the selected products are out of stock.  The Site will usually display alternatives for your purchase.

 

Shipping Policy

Before placing a final order for your items, you will be able to review the amount and type of shipping and handling fees for your order.  All dates displayed are estimated, since DUNU Topsound uses third party couriers to ship products, but it will use its commercially reasonable efforts to ship products within a reasonable timeframe after receipt of completed order, as well as to keep you updated via parcel tracking technology.

 

Shipping fees are determined by numerous factors, such as weight, dimensions, delivery address and type of shipping.  We have a handy calculator that will show you estimated costs and timelines for delivery. If you want to purchase multiple items, you can preview the costs in the site, and you can also add one or more items into one or more orders in your shopping cart.  Please remember to introduce your country and zip code for better results. This calculator will help you to understand all available shipping options and fees before you make a purchase.

 

Please take into account that we use third-party services in order to keep you updated of package tracking, and therefore DUNU Topsound will not be responsible for any delays or errors by any third party logistics providers.

 

We usually ship all order items together where possible, and will inform you if your order requires multiple shipments after payment.  For the case of temporary unavailable items that you select to purchase, they will be shipped as they become available.

 

Depending on your place of residence, DUNU Topsound may collect taxes on orders placed, and you will be able to review them before placing your final order.  Tax obligations are not optional, but if you deem that we are charging taxes based on erroneous geographical information of yours, please contact us to solve the matter.

 

DUNU Topsound may not be able to ship items to certain countries, and therefore we may reject orders with delivery addresses in such countries.  If that becomes the case, we will inform you about the matter.

 

Refund Policy

If you have a problem with your order, please contact us as soon as possible.  We offer a thirty (30) day guarantee for defective, mistaken and/or damaged items.  Please include a description of the items in question, including the reason for return, your name, address, account information, payment details, products along with images of the shipping package, the product and any defects or shipping damages.  Since some of our products are provided by third parties, there may be some delays in processing your return and refunds, and we will contact the appropriate supplier in order to help your case.

 

User Support

If you have any questions or complaints regarding the Site or our Services, please contact us by email as indicated in our contact web page.  We will undertake our commercially reasonable efforts in order to answer as quickly as possible. You must provide us full details of your service query so that we can clearly identify your issue of concern.

 

User Generated Content

Certain parts of the Site offer the opportunity for users to post and exchange opinions, information, material and comments in various areas of the Site.  DUNU Topsound does not screen, edit, publish or review any user content or comments prior to their appearance on the Site; nor do they reflect the views or opinions of DUNU Topsound, its agents or affiliates.

By posting any user generated content or comments, you warrant and represent to us that:

 

  • You are entitled to post such content on our site and have all necessary licenses and consents to do so;

  • The content does not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;

  • The content does not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is, an invasion of privacy

  • The content will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

 

DUNU Topsound encourages you to report violations of our Terms.  DUNU Topsound has the right, but not the obligation, to monitor any activity and user generated content (e.g. names, photos, posts, feedback, images, comments, graphics, questions and other content) to determine compliance thereof, and to edit, refuse to post or remove any material or content submitted to or posted the Site that we find to be in violation of this Policy or that is otherwise objectionable.

 

In addition, you hereby grant to DUNU Topsound a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your content in any and all forms, formats or media.

 

Copyright and Content Ownership

The trademarks, copyright, service marks, trademarks, registered service marks and/or registered trademarks, trade names and other intellectual property rights and proprietary notices displayed on the Site, and our products and services are the property of –or otherwise are licensed to– DUNU Topsound, its licensors or affiliates, or the respective title holders, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in the United States of America and other jurisdictions throughout the world.

 

Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers.  No section hereof shall be construed as intent to grant to you any right transfer or interest in the Site and our products and services.

 

Service Eligibility

DUNU Topsound encourages parents, legal guardians and responsible adults to be actively involved in the safe use of the Internet by children and minors.  DUNU Topsound does not knowingly provide its Services to persons under the age of eighteen (18). If you are under such age, you may only use them, under the strict, direct and unequivocally express supervision of your parent or legal guardian.  We reserve the right to request any and all applicable proof of identification and consent earthier from our users of from their legal parents or guardians, at any moment, without prior notice, and at our sole and final discretion. DUNU Topsound does not knowingly collect any kind of information from any person under the age of thirteen (13), and will delete any related information thereto.

 

Prohibited Activities

As our user, you agree to not undertake, motivate, or facilitate the use or access of the Site, the Products or the Services in order to:

 

Infringe these Terms, or allow, encourage or facilitate others to do so.

  • Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.

  • Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.

  • Republish, sell, rent or sub-license content or materials from the Site without our authorization.

  • Reproduce, duplicate or copy material from the Site without our authorization.

 

Term, Termination

The term hereof shall begin on the date that comes first among: (i) first access to the Site; (ii) your first access or execution of any of our Services; or (iii) DUNU Topsound begins providing its Services to you.

 

The term hereof will automatically end on the earlier date of either your: (i) account deactivation or suspension; (ii) access termination or access revocation for our Services; (iii) DUNU Topsound’s termination of these Terms, at its sole and final discretion; (iv) the termination date indicated by DUNU Topsound to you from time to time; or (v) DUNU Topsound’s decision to make the Site or the Services no longer available for use, at its sole and final discretion.

 

Third Party Links

The Site and the Services may contain hyperlinks to other websites.  These links are for your personal convenience and to provide you with further information which may be of interest to you.  The provision of such links does not imply any endorsement of such third party websites, products or services.

 

If you find any link on our Site or any linked web site objectionable for any reason, you may contact us about this.  We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

 

User Privacy

By disclosing any data and personally identifying information to us, you agree to our Policy, including the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients.  We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups. For more information, please read our Policy.

 

Disclaimer of Warranty

To the fullest extent permissible under applicable law, the Site and the Services are provided to you “as is”, with “all faults” and “as available”, without warranty of any kind.  DUNU Topsound, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, non-infringement, non-interference with use and/or enjoyment.

 

Nothing in this disclaimer will limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.

In no event shall DUNU Topsound, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use, inaccessibility or malfunction of the Site or the Services, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources; whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not DUNU Topsound, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.

 

Limitation of Liability

In no event shall DUNU Topsound’s, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed the amount of USD$50.00 (Fifty United States Dollars); and henceforth any award for direct, provable damages shall not exceed such total amount.

 

These Terms provide you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction.  Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

 

Indemnification

You agree and acknowledge to indemnify, hold harmless, and defend DUNU Topsound, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “DUNU Topsound’s Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such DUNU Topsound’s Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by DUNU Topsound); and/or (ii) any third party claim arising out of or in relation to the Site, the Products or the Services or use thereof in combination with your business platform, including without limitation, any claim that the Site, the Products or the Services violate, infringe, or misappropriate any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person.

 

Generals

Assignment.  These Terms will inure to the benefit of any successors of the parties.

Force Majeure.  DUNU Topsound shall not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond DUNU Topsound’s reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure.

Entire Agreement.  These Terms set forth the entire agreement between the parties hereof and may not be altered or amended except in writing signed by each both parties.

Language.  These Terms may be translated into other languages, but English shall be and remain the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.

Newsletters.  The Site may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party.  Through our newsletters, you may receive information according to your subscriber preferences. As our subscriber, you will receive a conspicuous communication indicating any subscription and you will be able to select the amount and type of emails received by you.  If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our communications.

No Relationship.  You and DUNU Topsound are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

No Waiver.  Failure by DUNU Topsound to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

Severability.  If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention.  All remaining provisions of these Terms will remain in full force and effect.

 

Applicable Law, Dispute Resolution

Applicable Law, Forum.  For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms, you agree that it will be resolved exclusively in the federal or state courts with jurisdiction in the City of Irvine, State of California.  You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of California will govern these Terms and any claim, without regard to conflict of law provisions.  If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so.

 

Waiver of Class Actions, Non-Individualized Relief.  You acknowledge and accept that claims brought against DUNU Topsound shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding.  Unless otherwise agreed by you and DUNU Topsound, you may not adjoin or consolidate any claim with more than one person's; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.

 

Waiver of Jury Trial.  The parties herein waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes be resolved by a competent judge.

 

Contact

If you have any questions or queries about us, the Site, our Services or these Terms, please contact us at Tel: (319)383-9788, email: support@dunutopsound.com.

 

Date of last effective update is July 14, 2018.

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