Website Terms and Conditions.

1. General Website

Introduction.

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

License to use website.

Unless otherwise stated, NATIV and/or its licensors own the intellectual property rights in the website and material on the website, including but not limited to trade-names, trade-marks, patents, logos, images, processes, and phrases. Subject to the license below, all these intellectual property rights are reserved.

You and may view pages from the website for your own personal use, subject to the restrictions set out below elsewhere in these terms and conditions.

You must not:

republish any material from this website (including republication on another website);
sell, rent or sub-license material, including but not limited to copyrights, trade-marks, trade-names, and any moral rights from the website;
show any material from the website in public;
reproduce, duplicate, copy or otherwise exploit material on this website for personal and/or commercial purpose;
edit or otherwise modify any material on the website; or
redistribute any material from this website.

Acceptable use.

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without NATIV’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without NATIV’s express written consent.

Restricted access.

Access to certain areas of this website is restricted. NATIV reserves the right to restrict access to any areas of this website, or indeed this entire website, at NATIV’s discretion.

If NATIV provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

NATIV may disable your user ID and password in NATIV sole discretion without notice or explanation.

User content.

In these terms and conditions, “your user content” means material (including without limitation name, address, phone, fax, e-mail, other text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to NATIV a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to NATIV the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or NATIV or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

NATIV reserves the right to edit or remove any material submitted to this website, or stored on NATIV servers, or hosted or published upon this website.

Not withstanding NATIV’s rights under these terms and conditions in relation to user content, NATIV does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties.

This website is provided “as is” without any representations or warranties, express or implied. NATIV makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, NATIV does not warrant that:

this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability.

NATIV will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if NATIV has been expressly advised of the potential loss.

Exceptions.

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit NATIV liability in respect of any:

death or personal injury caused by NATIV negligence;
fraud or fraudulent misrepresentation on the part of NATIV; or
matter which it would be illegal or unlawful for NATIV to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Third Party Links.

NATIV shall not be held responsible for any content posted under third party links, regardless of its intended use, and the user hereby waives any such right of claim in connection with such links. NATIV does not know whether or not such contents is age appropriate, and when and if the content of such links may have changed into content we do not agree with and/ or into content we cannot endorse. We can only try to assure that all links are up-to-date, but we cannot guarantee this, and shall consequently not be held liable for it.

Ownership of copyright and related intellectual property.

The copyright and other related intellectual property in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by NATIV and its licensors.

Copyright license.

NATIV grants to you a limited worldwide non-exclusive royalty-free revocable license to view this website and the material on this website on a computer or mobile device via a web browser.

NATIV does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.

For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without NATIV’s prior written permission.

Data mining.

The automated and/or systematic collection of data from this website is prohibited.

Permissions.

You may request a permission to use the copyright materials on this website by writing to info [at] nativsound.com. It shall be upon NATIV’s sole discretion to grant such a permission. Failure to provide a response to your request shall in no event be construed to be considered a permission of use, or license in any way whatsoever.

Enforcement of copyright and intellectual property.

NATIV and its licensors take the protection of its copyright and other related Intellectual Property (IP) very seriously. If NATIV discovers that you have used its copyright materials or related IP in contravention of the license above, NATIV may bring legal proceedings against you seeking significant monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.

If you become aware of any use of NATIV’s copyright materials that contravenes or may contravene the license above, please report this by email to legal [at] nativsound.com.

Infringing material.

If you become aware of any material on the website that you believe infringes your or any other person’s copyright, please report this by email to legal [at] nativsound.com.

Privacy Statement.

Your privacy is important to NATIV. This privacy statement provides information about the personal information that NATIV collects, and the ways in which NATIV uses that personal information.

Collection and use of personal information.

NATIV may collect and use your personal information to:

administer this website;
personalize the website for you;
enable your access to and use of the website services;
publish information about you on the website;
send to you products that you purchase;
supply to you services that you purchase;
send to you statements and invoices;
collect payments from you; and
send you marketing communications.

Where NATIV discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.

In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, NATIV may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

Securing your data.

NATIV will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information.
NATIV will store all the personal information you provide.

Cross-border data transfers.

Information that NATIV collects may be stored and processed in and transferred between any of the countries in which NATIV operates to enable the use of the information in accordance with this privacy policy.

In addition, personal information that you submit for publication on the website will be published on the internet and may be available around the world.
You agree to such cross-border transfers of personal information.

Updating this statement.

NATIV may update this privacy policy by posting a new version on this website. You should check this page occasionally to ensure you are familiar with any changes.

Other websites.

This website contains links to other websites.
NATIV is not responsible for the privacy policies or practices of any third party.

Reasonableness.

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website, and exit right away.

Other parties.

You accept that, as a limited liability entity, NATIV has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against NATIV’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect NATIV’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.

Unenforceable provisions.

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity.

You hereby indemnify NATIV and undertake to keep NATIV indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by NATIV to a third party in settlement of a claim or dispute on the advice of NATIV’s legal advisers) incurred or suffered by NATIV arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions.

Without prejudice to NATIV other rights under these terms and conditions, if you breach these terms and conditions in any way, NATIV may take such action as NATIV deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation.

NATIV may revise these terms and conditions from time-to-time and without notice. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment.

NATIV may transfer, sub-contract or otherwise deal with NATIV rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability.

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement.

These terms and conditions, together with the Terms & Conditions of the Sales Agreement, if applicable, constitute the entire agreement between you and NATIV in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction.

These terms and conditions will be governed by and construed in accordance with the State laws of Hong Kong, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Hong Kong.

2. Purchase of products.

Please read the following terms and conditions carefully. They contain important information about your rights and obligations, as well as limitations and exclusions that apply to your purchases in Nativ’s online store.

Prices, taxes and customs duties.

Prices in our online store do not include charges for shipping & handling, taxes or customs duties. Charges for shipping & handling will be added during the shopping process and charged directly by Nativ. Taxes and customs duties (if applicable) will be charged by the respective authorities of your country.

Order acceptance.

Terms of payment are determined in our discretion. Payment shall be made by PayPal, a credit card or some other method of payment acceptable to Nativ. Your receipt of an order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of the order or our offer to sell. We reserve the right, without prior notification, to accept or decline your order or limit the order quantity for any reason. Where payment is made by credit card, such payment is subject to the approval of the financial institution issuing the credit card and we shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. We may require, at our option, that any order placed over certain dollar amounts receive our pre-approval. We also may require additional verification or information before accepting any order.

Product availability.

We cannot guarantee product availability and products may not be available for immediate delivery (even if indicated as available on our website). We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.

Compliance with laws.

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site and your purchase of products or services through this Site. We may, in our sole discretion, report actual or perceived violations to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms and Conditions, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms and Conditions or the Privacy Policy could be subject to criminal or civil penalties.

Compliance with return policies.

You agree to comply with and be bound by the return policies in connection with returns of products purchased through this Site. Our current return policy is incorporated herein by reference and made part of these Terms and Conditions:

Returns, replacements and refunds.
Products purchased directly from Nativ may be returned under the following circumstances:

Within 1 year of the date of original shipment for a defect *; or
Within 15 days of the date of original shipment for any reason**

* The Nativ product warranty does not apply to Nativ Products that are purchased from an unauthorized seller, unless the warranty is explicitly transferred from the original purchaser.

** 15 day return policy applies only to Nativ Products that are purchased directly from Nativ (either via phone or the online store).

The following information governs returns of products purchased directly from Nativ (either via phone or the online store):

Warranty returns
If you discover what you believe is a product defect for any Nativ product, please contact Nativ Support at support [at] nativsound.com. Our support team will assist you in diagnosing and fixing any problems you may encounter in the use of your Nativ product. In the event we cannot help you fix the problem you may be entitled to a replacement product under the terms of Nativ’s limited warranty. Replacement products may include refurbished Nativ products that have been recertified to conform with product specifications.

Warranty coverage and exclusions
The Nativ limited warranty covers defects in materials and workmanship in every Nativ product you purchase during the applicable warranty period, subject to certain exceptions. Nativ’s warranty period is one year from the date we ship the applicable Nativ product to you, as determined by the date on the packing slip or invoice. The warranty period is not extended if we repair or replace a warranted product. Nativ may change the availability of limited warranties, at our discretion, but any changes we make will not be applied retroactively. For more detailed information related to the limited warranty, please refer to the license agreement in the supporting documentation that came with your product. Please note that we do not provide warranty coverage for:

Problems that result from external causes such as accident, abuse or misuse
Usage that is not in accordance with Nativ’s product instructions
Products with missing or altered serial numbers
Products which have had their housings opened or otherwise tampered with
Problems caused by using third party accessories, parts, or components

Nativ does not warrant that its products will operate without interruption or will be error-free, or that all errors may be corrected. Nativ’s sole liability, and your sole remedy, for breach of the limited warranty will be repair or replacement of the applicable product, or, if neither of the foregoing are reasonably available, a refund of the amount you paid, less amounts attributed to your prior use.

Except as expressly set forth in the license agreement, Nativ makes no warranties, whether express, implied, statutory or otherwise, with respect to its products. Nativ and its suppliers hereby specifically disclaim all other express, statutory and implied warranties and conditions, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement and the implied condition of satisfactory quality. Except as expressly stated in the license agreement, products are supplied on an “as is” basis without warranty. You assume all responsibilities for selection of a product to achieve your intended results, and for the installation and use of the product. Some jurisdictions do not allow a limitation on implied warranties, and so the foregoing disclaimer may not apply to you. In any event, any implied warranties that may exist under the laws of your jurisdiction are limited to the one (1) year period set forth in the limited warranty.

Extended Warranty Program
Products of customers that have purchased the Extended Warranty Program will be covered for a total of 2 years from the date we ship the applicable Nativ product. All other warranty terms are identical to the standard warranty coverage. The Extended Warranty Program must be purchased within 30 days of the purchase of the applicable product.

Instructions for warranty returns.
To return a product, please follow these simple steps:

Please contact Nativ support at support [at] nativsound.com
Request an RMA
If in the diagnosis of reported performance issues with your Nativ product(s) our customer support personnel determine that your product(s) qualifies for a Warranty Return, a Return Merchandise Authorization (RMA) request will be initiated and a unique RMA number will be sent to you via email. Every limited warranty return must have an associated (RMA) number.
Use the original Nativ packaging
All products must be returned in the original packaging with all contents included. Please ensure that any previous shipping labels or other markings have been removed or covered completely. Please note that failure to return all items included with your product, or returning the product without the manufacturer packaging may result in the product(s) being shipped back to you at your own expense.
Ship your product to Nativ’s service center
To ensure successful delivery please ship the products to the exact address provided to you by Nativ and use a trackable and insured shipping method. Nativ is not responsible if products are sent to the wrong address, or are lost or damaged during transportation. You have 14 days from the date of RMA request to return your original product.
Email your tracking number to support [at] nativsound.com
Please include your RMA # and the date of pick-up.
Receive your replacement
If your product qualifies for advanced replacement, your replacement product(s) will ship within 48hrs hours of the RMA request, excluding weekends and holidays and, the shipment of your returned product is not required until your replacement product(s) has been received.
If your product does not qualify for Advanced Replacement, your product(s) will ship upon receipt and inspection of your original product(s) and, we may require a valid credit card number to ship your replacement product(s). As part of our returns process, you will receive an email notifying you that your replacement order has been placed and another email notifying you that your product has shipped.

You will not be charged for the replacement product as long as (i) you return the original product to us within 14 days after issuance of the RMA or 14 days after the shipment date of your replacement order, if your product(s) qualifies for Advanced Replacement, and (ii) the problem you reported with the product(s) proves to be covered by the terms of the limited warranty.

If we do not receive the original product(s) within 14 days, or if we determine that the problem with your product(s) is not covered by the limited warranty, we will charge the then-current standard price for the applicable product(s) to your credit card or the original form of payment used at the time you placed your original order.

Transfer of limited warranty.
Limited warranties on Nativ products may be transferred during the warranty period if the current owner transfers ownership of the products and records the transfer with us. The products must be registered by both the previous and new owner in order to effect the transfer of limited warranty.

Problems outside of warranty coverage.
If we determine that the problem is not covered under the limited warranty, we will notify you and inform you of service or replacement alternatives that are available to you on a fee basis.

15-day return guarantee.
If you are not completely satisfied with your Nativ product at any time during the 15-day period following the original shipment date, please contact Nativ Customer Support at refund [at] nativsound.com. Please follow the steps below for a refund of your purchase price.

The 15-day return policy applies only to Nativ Products that are purchased directly from Nativ (either via phone or the online store).
Please note that only products in the original packaging with all materials and in new or as-new condition are eligible for the 15-day refund.

Instructions for 45 day returns.
To return a product, please follow these simple steps:

Please contact Nativ support at refund [at] nativsound.com
Every 15-day return must have an associated Return Merchandise Authorization (RMA) number. A RMA may be obtained from Nativ by email to refund [at] nativsound.com. Nativ must receive the returned item within fourteen (14) days after a RMA number has been issued. An assigned RMA number is valid for 14 days only and will expire on the 15th day after the date of issuance, at which time any returned products will be refused.
Use the original Nativ packaging
All products must be returned in the original packaging with all contents included. Please ensure that any previous shipping labels or other markings have been removed or covered completely. Please note that failure to return all items included with your product, or returning the product without the manufacturer packaging may result in the product(s) being shipped back to you at your own expense.
Ship your product to Nativ’s service center
To ensure successful delivery please ship the products to the exact address provided to you by Nativ and use a trackable and insured shipping method. Nativ is not responsible if products are sent to the wrong address, or are lost or damaged during transportation. You have 14 days from the date of RMA request to return your original product.
Email your tracking number to refund [at] nativsound.com
Please include your RMA # and the date of pick-up.
Receive your refund
Once the return is received and verified to meet all of the above conditions, please allow 10-15 business days from the date of receipt for the credit to appear on your account. Credit will be issued to the payment method or credit card used for your original purchase only. Nativ will not refund original or return shipping costs or duties.

Disclaimer and limitation of liability as to products sold.

Any product offered by us is warranted only to the extent of the applicable warranty contained with the product documentation. EXCEPT AS EXPRESSLY STATED HEREIN, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE. EXCEPT AS EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

FOR ANY BREACH OF THESE TERMS AND CONDITIONS, OUR SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE PRODUCTS ORDERED BY CUSTOMER.

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY.

WE SHALL NOT BE LIABLE IF WE ARE UNABLE TO PERFORM ANY OF OUR OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND OUR CONTROL.

Contact Nativ.

If you have any questions about this privacy policy or Nativ’s treatment of your personal information, please write us an email to info [at] nativsound.com

Last updated: July 20, 2016.