Terms and Conditions of Sale
Version 01/17/2017 (effective date)
This consent is effective until you withdraw it. You may withdraw your consent to electronic communication and delivery of documents or update your contact information at any time either (i) by clicking on “Manage my customer account” button on the Site’s home page and logging into your account using your username and password, or (ii) by clicking on the “Send an email” button on the Site’s home page and sending an email to customer service. We will send you a confirming notice once we have processed your change request.
Your Personal Data and Account
When placing an order on our Site, you agree to accurately to fill out your identification details, contact information, including email address, billing and delivery address. The billing and delivery addresses may be different, subject to being located in either the United States of America or Canada. Your personal data collected via the purchase of a product through the Site is used only for the purpose of the execution of the order, for satisfaction surveys and subject to your approval, for further communications from Parrot and/or our partners regarding other products and services. The data is processed in accordance with the laws of the United States of America and Canada concerning the treatment and protection of personal data. You have the right to modify and delete your personal data at any time by clicking on the “Send an email” button on the Site’s home page and sending a request to customer service.
When you purchase our products from the Site, you may create an account as part of the checkout process. You are responsible for maintaining the confidentiality of your password and restricting access to your password and account. Additionally, you agree to accept responsibility for all purchases and activities that occur under your account whether made by you or by others, with and without your permission.
Acceptance of Order; Cancellation
Your placement of an order on the Site does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all of the information required by us to process your order. Once a completed order is received, authorization of your form of payment is confirmed and we have accepted your order, we will promptly place your order in line for shipment when, in Parrot’s sole discretion, shipment is possible. We will email confirmation of the order to the email account address provided by you during the checkout process, and such email(s) will contain your order number, a shipment tracking number and a copy of the order receipt, which receipt, in compliance with law, shall not display more than the last five (5) digits of the credit card used for your purchase, nor will it display the expiration date of the credit card used.
You may cancel your order, either before or after shipment, by clicking on the “Send an email” button on the Site’s home page and sending an email to customer service stating your decision to cancel your order; provided that if your decision occurs after shipment, (i) you cancel your order during the 14 days following your receipt of the shipment, and (ii) the product is returned without excessive delay in good condition in its original packaging with all of its accessories and documentation, using the return form provided by Parrot via email. Where applicable, Parrot will postpone reimbursement until Parrot has received the parcel back. You are responsible for return shipping costs.
Pricing and Availability; Exclusions
All prices for products, including associated costs of shipping and tax, are shown in U.S. dollars. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment screens. Several factors may cause this, such as changes in tax rates. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. If for some reason an item on your order is out of stock, we will issue a full refund for such item. Our prices do not include installation services of hands-free car kits and Asteroid ranges of products, such installation can be purchased separately from a professional.
You hereby acknowledge and agree that in order to operate certain of our products sold on the Site, you must have a cellular phone, a smartphone, a tablet, or other Bluetooth device (“Personal Device”), which Personal Device is not sold together with our product. You are responsible for purchasing from a third party and maintaining your Personal Device, including paying for any data plan for your Personal Device, and the failure on your part to do so, thereby resulting in your inability to operate our product as intended, does not constitute any defect in our product for which you have a warranty claim under these Terms and Conditions. You are also responsible for downloading any of our applications from an unaffiliated third party online application store if such application is to be used in connection with our products. Parrot shall not be responsible or liable for any third party application store outage, disruption in service or other defect resulting in your inability to download our application related to our products, nor shall Parrot be responsible or liable for costs or fees, if any, incurred in connection with a download on a third party’s website. You acknowledge and agree that your recourse, legal or otherwise, related thereto shall be solely against the third party provider.
Forms of Payment
Parrot currently accepts PayPal, Visa, MasterCard, and American Express for all orders. By submitting your order, you represent and warrant that you are authorized to use the designated credit card and authorize us to charge your order (including taxes, shipping and handling) to that card. If the card cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled.
Credit Card Security
The security of your personal information is extremely important to Parrot. We use a wide array of electronic and physical security measures and devices to protect your personal data and credit card information from unauthorized access.
Parrot does not collect or store any Credit Card numbers or other sensitive data on our servers. Any “stored cards”, or orders and customers utilizing parrot.com online ordering are securely billed through a Chase Paymentech solution or such other PCI Compliant Credit Card gateway and processor as we select from time to time.
We do not collect sales or use taxes in all states within the United States. For states imposing sales or use taxes, your purchase may be subject to such taxes. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. Details of how to file these returns may be found at the websites of your respective taxing authorities. You agree that you are solely responsible for any taxes lawfully imposed on your transaction with us.
If Parrot is required by law to collect sales tax on orders shipped to the State, Province, Territory, or other applicable territorial entity corresponding to your delivery address, the appropriate charge will be added to your merchandise total and displayed on your final order confirmation.
Shipping Terms; Title and Risk of Loss
Shipment is made from Parrot’s warehouse located in the U.S.A., by an independent carrier, which carrier is not affiliated with, or controlled by, Parrot, when, in Parrot’s sole discretion, shipment is possible. We may offer expedited shipping for an additional fee if that is your preferred shipping choice and expedited shipping is available through the independent carrier. All shipping charges are your responsibility, unless waived by Parrot. You may incur extra shipping charges if you are shipping the product outside of the continental United States to remote lands (e.g. Alaska, Hawaii). You cannot ship any product purchased from the Site to any location outside of the United States of America or Canada. Shipping charges will be included on your invoice and can be viewed prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice. All orders are shipped FOB shipping point. Title to products purchased on the Site passes to you when Parrot has received payment of the products’ order. The risk of loss for such products passes to you when Parrot delivers these items to the carrier for shipment, and we are not responsible for any shipping delays or problems once the product has been shipped.
If the parcel or product is damaged during shipment to you, you must refuse delivery and state the reason for your refusal to the carrier. You must also inform Parrot by clicking on the “Send an email” button on the Site’s home page and sending an email to customer service. Parrot will give full credit after confirmation of the damage.
If the product delivered is not the one that you ordered, you must return the said product within fourteen (14) days following your receipt of the shipment, using the return note and the prepaid transport voucher provided by Parrot upon your request sent via the “Send an email” button on the Site’s home page. The Product must be returned in its original packaging with all its accessories and documentation. Parrot will give full credit after receiving the parcel back.
If the delivery address is incorrect, Parrot will contact you to obtain the correct address. If you cannot be contacted, the product will be returned to Parrot by Parrot’s carrier. Parrot will give full credit (with the exception of shipping costs) after receiving the parcel back.
Returns of a defective product
If the product is not working correctly, you must first contact Parrot’s customer service by phone at 1-877-9Parrot (1- 877-972-7768) Monday to Friday from 7am to 5pm PT, or by email via www.Parrot.com/hotline to verify whether the defect is covered under warranty (terms of warranty are stated in the “Warranties” Section). We will need your name, the order number, which items, how many you are returning, and the reason for the return.
If the defect is deemed to be covered under warranty, Parrot will issue a prepaid transport voucher and a return authorization. You must return the said product, using the prepaid transport voucher and the return authorization that you must print and attach to the returned product before sending it back to Parrot.
If we, in our sole discretion, determine during inspection that the returned product is indeed defective, we will send you a replacement product or replacement parts with a new or refurbished product or parts for each defective item. If we determine after inspection that the product is not defective as claimed, it will be returned to you at your sole cost and expense.
THE IMPROPER INSTALLATION OR ASSEMBLY OF OUR PRODUCT BY YOU DOES NOT CONSTITUTE A DEFECTIVE PRODUCT FOR WHICH A RETURN EXCHANGE. PLEASE FOLLOW ALL INSTALLATION AND ASSEMBLY INSTRUCTIONS PROVIDED WITH OUR PRODUCT.
All products purchased on the Site you may return according to the process described in the “Returns of a defective product” Section of these Terms and Conditions must be sent to the address indicated in the prepaid label.
Please refer to our Privacy Statement for information about how Parrot collects, uses and discloses personal information from users of the Site.
We attempt to be as accurate as possible; however, we do not warrant that all product descriptions, photographs, pricing or other information on the Site is accurate, complete, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by us is not as described or pictured, your sole remedy is to return it in an unused condition for a refund. In the event of an error, whether on the Site, in an order confirmation, in processing an order, in delivering a product or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund.
Parrot does not transfer to you or license to you in any manner any patent, trade secret, trademark, service mark, copyright or other intellectual property right related to our brand, name or products, other than the right to incorporate or use the products purchased by you from us or as otherwise set forth in this agreement. Parrot shall retain title to all logos, designs, sketches, drawings, patterns, dies, tools, special appliances and materials furnished or paid for by us in connection with the product you purchase.
Indemnification, Release and Limitation of Liability
You agree to indemnify Parrot and its officers, directors, managers, members, employees, agents, distributors, partners and affiliates (the “Parrot Indemnified Parties”) from and against any and all third-party claims, demands, liabilities, costs, or expenses, including reasonable attorney fees, that arise from your misuse of the products purchased on the Site or your activities or omissions in connection with said products or use of the Site, including, but not limited to, your violation of these Terms and Conditions or your violation of any other applicable law or regulation that governs your use of the products or the Site.
YOU AGREE TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW TO RELEASE AND HOLD HARMLESS THE PARROT INDEMNIFIED PARTIES FROM AND AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTION, SUITS, CHARGES AND LIABILITIES ARISING FROM OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, YOUR USE AND/OR MISUSE OF THE PRODUCTS AND SERVICES PURCHASED THROUGH THE SITE AND THE CONSEQUENCES OF THE SAME (THE “CLAIMS”). YOUR FURTHER AGREE THAT IN NO EVENT SHALL ANY SUCH CLAIMS EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCTS AND SERVICES PURCHASED THROUGH THE SITE. YOU FURTHER AGREE THAT PARROT SHALL NOT BE LIABLE TO YOU IN ANY MANNER AS A RESULT OF AN OUTAGE OR OTHER DISRUPTION ON THE SITE.
FURTHER, THE PARROT INDEMNIFIED PARTIES SHALL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, OR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN. TO THE FULL EXTENT PERMITTED BY LAW, PARROT’S LIABILITY FOR CLAIMS AND LIABILITIES, INCLUDING OBLIGATIONS UNDER ANY INDEMNITY, WHETHER OR NOT INSURED, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PRODUCT(S) PURCHASED FROM THE SITE GIVING RISE TO SUCH CLAIM. YOU AGREE THAT THESE LIMITS OF LIABILITY SHALL SURVIVE AND CONTINUE IN FULL FORCE AND EFFECT DESPITE ANY TERMINATION OR EXPIRATION OF THE CONTRACT. IF ANY PART OF THIS RELEASE AND LIMITATION OF LIABILITY IS DEEMED UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, YOU AGREE TO THE MAXIMUM EXTENT OF RELEASE AND LIMITATION OF LIABILITY IN THE PARROT INDEMNIFIED PARTIES’ FAVOR AS MAY BE PERMITTED UNDER SUCH JURISDICTION.
Parrot warrants to the original purchaser that its products are free from defects in materials or workmanship for a period of one (1) year from the date of purchase, the date of the receipt being the effective reference date (with the exception of parts that wear out - batteries for example - guaranteed for six (6) months). Parrot’s liability for warranty claims is limited to the purchase price of the product or free of charge replacement of the products or of parts, specifically recognized as defective by Parrot. Any replacement made under warranty shall not have the effect of extending the initial warranty period thereof.
Our warranty is excluded for any of the following damage and defects:
- damage from improper use or mishandling, misuse, alteration or deterioration of the product caused by a fall or accidental shock, faulty installation, humidity, incorrect temperature, oxidation, infiltration of liquid, dust, sand, breakage, destruction, a fall, the use of incorrect electric current;
- defects due to the fitting of parts not in accordance with the recommendations and instructions supplied by Parrot in the user manual or on the website www.parrot.com, customization of the product by the user;
- defects due to a repair by you or an unauthorized third party, or to using spare parts not supplied by Parrot;
- defects due to any other cause than defective materials or workmanship;
- a gradual weakening over time of the capacity of a rechargeable battery from Parrot (if applicable), which does not constitute a defect in materials or workmanship in the product;
- any use of spare parts not approved and/or software not developed by Parrot;
- damages to other devices, even if caused by or related to a malfunction of the product, as warranty only covers the product alone;
- products returned incomplete or partially repaired, or those for which the serial number has been removed;
- replacement of parts due to normal wear and tear;
- software and updating thereof (visit www.parrot.com for procedures for updating by you);
- any modification of a product necessary for complying with standards or technical specifications or safety requirements specific to a particular country or with any specification that has changed since the purchase of the product;
- all damages resulting from non-conformity of a product with existing specifications and standards in a country other than the country of purchase;
- inadequate packaging on return of the product to the Parrot logistics center;
- any accident or disaster beyond the control of Parrot, including without limitation lightning, water, fire, public disturbances or inappropriate ventilation; and
- any installation or service associated with the installation or dismantling of the product.
THIS IS THE ONLY GUARANTEE OR WARRANTY YOU GET FROM PARROT RELATING TO THE PRODUCT(S) YOU PURCHASE FROM THE SITE. PARROT MAKES NO OTHER, AND EXPRESSLY DISCLAIMS ANY AND ALL, REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER IN WRITING, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. EXCEPT AS EXPRESSLY SET FORTH ABOVE, PRODUCTS ARE PROVIDED BY PARROT "AS IS" AND WITHOUT WARRANTY OF ANY KIND.
Governing Law; Venue
These Terms and Conditions and your purchase of products from Parrot through the Site shall be governed and construed in accordance with the laws of the State of New York, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions or your purchase of products shall be filed only in a court of the State of New York or in a court of the United States sitting in the State of New York, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms and Conditions.
Failure of Parrot to make any delivery (or portions thereof) when due or perform hereunder, if occasioned in whole or in part by any act of God or other act beyond the reasonable control of Parrot, including, without limitation, fire, explosion, flood, drought, war, any act of terrorism, riots, civil insurrection, sabotage, accident, embargo, governmental priority, compliance with law or regulations, requisition, shortage or failure of supply of materials or labor, strikes or other labor trouble, or unforeseen circumstances, shall be excused. Parrot shall have no obligation or liability whatsoever arising out of or in connection with any such failure.
The following provisions apply to shipments from the United States of America to customers located in Canada.
- The 1980 United Nations Convention on Contracts for the International Sale of Goods shall not apply.
- Except as otherwise specified, terms of delivery are Ex-Works (within the meaning of INCOTERMS 2010) and all customs fees, import duties, cargo insurance, taxes and other charges imposed on or relating to the purchase or sale of Parrot’ products shall be paid by you in addition to the stated price.
- Prices include Parrot’s standard commercial export packaging which may vary depending on whether shipment is made by air, land or sea.
- You acknowledge that the products are subject to all applicable export and import laws and regulations of the United States, including but not limited to, the Tariff Act of 1930, as amended, (19 U.S.C. §§ 1202-1683g) and other laws and regulations administered by U.S. Customs and Border Protection, the U.S. Arms Export Control Act, as amended (22 U.S.C. §§ 2751-2799), the International Traffic in Arms Regulations (ITAR), as amended (22 C.F.R. Part 120 et seq.), the Export Administration Act, as amended, (50 U.S.C. §§ 2401-2420), and the U.S. Export Administration Regulations (EAR), as amended (15 C.F.R. § 730 et seq.). These laws and regulations also control the re-exportation of the product to any country outside of Canada after its initial exportation from the United States. In addition the export transactions may be subject to embargoes and export controls administered by the Office of Foreign Assets Control and the U.S. Department of State. Customer further represents and warrants that it is not located in, or under the control of any country embargoed by the United States. Customer further represents and warrants that it is not on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons or Entity Lists. Compliance with these laws and regulations is your responsibility and, except as otherwise provided in this Agreement, no provisions of this Agreement shall be interpreted to delegate this responsibility to any other person.
Please send any questions or comments regarding this Site or your order by email via the “Send an email” button on the Site’s home page or by mail at Parrot, Inc. - 535 Mission Street, Suite 2602 – San Francisco, CA 94105 (USA).
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