Terms of Sale
goTenna PRODUCTS
TERMS OF SALE
Please read the following terms and conditions of sale (the “Terms of Sale”), since they are legal terms that govern the sale of Products via the Site. Capitalized terms not defined in these Terms of Sale shall have the meaning set forth in our Terms of Use (Website) at https://gotenna.com/pages/terms-of-use-website, our Product Terms at gotenna.com/pages/terms-of-use-product and/or our Privacy Policy at https://gotenna.com/pages/privacy-policy.
BY MAKING PRODUCT PURCHASES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE AGREEMENT. IF YOU DO NOT AGREE TO THE AGREEMENT, YOU MAY NOT PURCHASE OUR PRODUCTS.
We may, at any time, modify, change or add to these Terms of Sale, and any such modifications will be effective immediately upon posting on the Site. We suggest that you periodically check these Terms of Sale for modifications. Your purchase of any Products after the posting of any changes to the Agreement constitutes your acceptance of and agreement to be legally bound by such changes.
Product Availability.
If you are interested in a Product that is currently on backorder or is otherwise unavailable, email us at support@gotenna.com, and we can tell you when the Product will be back in stock. Sometimes with the volume of orders we receive, a Product may go out of stock before we are able to post a notification on the Site. If this happens after you purchased that Product, we will contact you directly to discuss possible options.
Order Placement, Acceptance, and Cancellation.
Orders for some of our Products, such as our MESH devices, may be placed directly on the Site by following the purchase prompts. Orders for other Products will require that you request an estimate and provide us with certain contact information, your tax-exempt status (if applicable), and an affirmation your Federal Communications Commission (“FCC”) license. Your receipt of an order confirmation from goTenna, in electronic or other form, does not signify our acceptance of your order for Products, nor does it constitute confirmation of our offer to sell Products. Your order is accepted by us upon its shipment to you. Prior to shipment, we reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled, we will promptly issue a refund to your credit card account in the amount of the charge and notify you that your order was canceled. In addition, we may, in our sole discretion, limit the quantities that an individual, household or entity may purchase in a single order or in multiple orders, and we may impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion in compliance with applicable law.
By placing an order for Products, you agree that you will comply with these Products Terms of Sale, and the Terms of Use (Product) at https://gotenna.com/pages/terms-of-use-product, and the in connection with your use of such Products, including, without limitation, that you will use the Product only in a lawful manner.
Prices and Payments
All Product prices are listed on the Site on the applicable Product pages. Prices are in U.S. dollars and may change from time to time without notice. We do not negotiate prices on our Products and all our prices are final. Prices listed are exclusive of federal, state, and local sales, use, excise, or similar taxes, or shipping fees, and you will be liable for such taxes and fees. All applicable fees and taxes, including shipping fees, shall be added to your order at the time of check out.
You agree to pay in full at the time of placing an order using any major credit card accepted by goTenna. By providing such information, you warrant and represent that (i) the information is valid and accurate, (ii) you are the owner or an authorized user of such credit card, and (iii) you are responsible for any and all charges made using such credit card information. Billing Information is collected and processed by our third-party payment processor. We do not directly obtain or process any Billing Information.
Shipping and Delivery
goTenna uses third-party carriers such as UPS and Fed-Ex to delivery our Products to you,.Shipping fees for all other countries will be applied at the time of check out. All delivery times provided for in an order confirmation represent approximate delivery times, and actual delivery times may vary as a result of events outside of our control. We shall not be liable for any damages (including, without limitation, any incidental or consequential damages) arising from any third party’s failure to deliver or delay in delivering the Products purchased hereunder. You bear all risk of loss and damage to the Products upon the delivery of the Products to you. Delivery is deemed complete and title to the merchandise passes to you upon delivery to you or your designee.
Returns for US customers only
We want all of our customers to be happy with purchases made through our Site. If you are unhappy with your order, we will accept Product returns if received by us within thirty (30) days of the confirmed date of delivery, subject to the requirements set forth in this Section. To initiate a return, please email us at support@gotenna.com. After emailing us, if you are eligible for a return, we will issue you a return merchandise authorization number (“RMA”) to include with your return shipment. You are solely responsible for the cost of return shipping to us. We are not liable for Products that are damaged or lost in transit to goTenna. We recommend that you ship your returned Product to us via a trackable shipment method. Upon our receipt of the Product at our warehouse, we will inspect the Product and process the return. After the return has reached our facility, please allow for 20 business days for the refund to be credited to your account. The restocking fee will be deducted from your refund. Notwithstanding the foregoing, only orders that meet the following requirements shall be eligible for returns: To the extent possible, Products must be returned in their original packaging with all tags still attached, and complete with all parts and accessories. Products must be in new condition and must not be used, altered, or damaged. If you are unable to comply fully with this return policy, you may not be entitled to a refund, in whole or in part, at our sole discretion.
Errors and Inaccuracies
We attempt to be as accurate as possible with Product descriptions and prices. However, we do not warrant that Product descriptions or prices are accurate. In the event that a Product is listed at an incorrect price or with incorrect information due to typographical error, error in pricing, or Product information error, we shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price or with incorrect information. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit or debit card has already been charged for the purchase and your order is cancelled, we shall promptly issue a refund to your credit card account in the amount of the charge and advise you of the canceled order. We apologize for any inconvenience that this may cause.
Disclaimer
EXCEPT FOR THE LIMITED WARRANTY DESCRIBED IN OUR PRODUCT TERMS, THE PRODUCTS, INCLUDING EMBEDDED SOFTWARE, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND GOTENNA EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS, GOTENNA DOES NOT WARRANT THAT THE PRODUCT WILL OPERATE WITHOUT INTERRUPTION OR WILL BE ERROR-FREE, OR THAT ALL ERRORS MAY BE CORRECTED. Some states or other jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so such limitations or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction. 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 described in the Product Terms.
Limitation of Liability.
IN NO EVENT SHALL GOTENNA BE LIABLE UNDER ANY LEGAL THEORY OR FORM OF ACTION FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, OR COST OF SUBSTITUTE GOODS) IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS ARISING OUT OF OR RELATED TO THE PRODUCTS, EVEN IF GOTENNA HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY IN CONNECTION WITH ANY CAUSES OF ACTION ARISING UNDER WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS RELATED TO THE PRODUCTS (INCLUDING EMBEDDED SOFTWARE) ITS USE OR INABILITY TO USE (NOT ATTRIBUTABLE TO PERSONAL INJURIES) EXCEED $50, IN THE AGGREGATE, THE AMOUNTS PAID BY YOU FOR THE PRODUCT. THESE EXCLUSIONS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
