TERMS AND CONDITIONS OF SALE
Welcome to Belkin’s online store! These Terms and Conditions of Sale (“Terms & Conditions”) apply to your purchase of Belkin, Linksys or WeMo products through a Belkin, Linksys or WeMo branded website or any other websites associated with www.belkin.com, and which are controlled directly by Belkin International, Inc. or its subsidiaries (each a “Store”).
1) How These Terms & Conditions Apply
Each item in your order is sold by the Belkin entity that applies to your order. The Belkin entity applicable to your order will depend on the Store that you have made your purchase from. A list of currently available Stores and the corresponding Belkin entity that you will contract with for your purchase is set out in a table found at the end of these Terms & Conditions (“Table 1”).
Every time you order Products from Belkin, the Terms & Conditions in force at that time will apply between Belkin and you. These Terms & Conditions may change at any time, so please review the Terms & Conditions each time prior to making a purchase from the Store. If you have any questions regarding these Terms & Conditions, please contact Belkin.
THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FOR BELKIN PRODUCTS THROUGH A STORE, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS & CONDITIONS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE PURCHASE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS & CONDITIONS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO PURCHASE AND USE THE PRODUCTS AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS & CONDITIONS, PLEASE DO NOT PURCHASE ANY PRODUCT.
2) Which Store You Should Make Your Purchase From
Although our Stores are accessible worldwide, the Products offered on our Stores are not designed and tested for use in all countries. At this time, our Stores are available only in selected countries. You are strongly advised to purchase the Products offered on the Store according to the country or region in which you are located (“Specified Geography”), referred to in these Terms & Conditions as a “Recommended Store”. We have set out a comprehensive list of Recommended Stores that correspond to Specified Geographies in Table 1 set out at the end of these Terms & Conditions. A “Non-Recommended Store” is a Store that does not correspond to your Specified Geography.
The Products available on a Recommended Store for your Specified Geography are designed and marketed and intended to be sold for use by residents of your Specified Geography, and are not intended for use outside of the corresponding Specified Geography. Products from a Recommended Store cannot be shipped or otherwise delivered to locations outside of the Recommended Store’s corresponding Specified Geography.
In addition, a Recommended Store is not designed for use outside its corresponding Specified Geography, and some or all of the features of a Recommended Store may not work or be appropriate for use outside of its corresponding Specified Geography. To the extent permissible by law, Belkin accepts no responsibility or liability for any damage or loss caused by your access or use of a Non-Recommended Store.
If you choose to purchase Products from a Non-Recommended Store or if you choose to access a Non-Recommended Store, you do so on your own initiative and risk and you are solely responsible for complying with local laws in your country.
If the country of your location is not a Specified Geography, please visit your nearest reseller or retailer to make your purchase.
3) Your Account
In order to purchase Products in the Store, you must have a valid email address. By placing an order on a Store, you confirm that all information provided by you is correct and accurate. You are responsible for maintaining the confidentiality of your Store account and password, and for restricting access to your computer. You accept full responsibility for all activities that occur within a Store with your account and password.
4) How the Contract is formed between Belkin and you
Your order is an offer to us to buy the Product(s) specified in your order. You are deemed to have placed an order with us by ordering via our online checkout process within a Store. After placing an order, you will receive an e-mail from us acknowledging that we have received your order and containing an order reference number and details of the Product(s) you have ordered (“Order Acknowledgement”). The Order Acknowledgement is acknowledgment that we have received your order and does not mean your order has been accepted by us. All orders are subject to our express acceptance of your offer to buy the Product(s) ordered.
To the extent permitted by the local laws in your country, we may reject any order you place with us or to limit quantities on any order, without giving any reason, at any time prior to shipment without liability to you, including after an Order Acknowledgement has been issued. We will attempt to contact you using the email address you gave to us when you placed the order if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order. Your credit card will not be charged if your order is rejected.
We will only accept your offer (and form the contract of sale) when we send you an e-mail confirming that the Product has been dispatched (“Dispatch Confirmation”). Therefore, the contract of sale between us (“Contract”) will only be formed when we send you the Dispatch Confirmation.
The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation or your order for such Products has been rejected by us.
To the extent permitted by the local laws in your country, unless otherwise agreed in writing all shipments (which for the purpose of this clause shall be deemed to include the contents of packaged Products as well as the packages themselves and the number of packages) shall be deemed correct and undamaged unless you inform us of the precise shortfall or error in delivery within fourteen (14) days after the original delivery date of the given shipment. Your failure to inform us in this way shall constitute a waiver of any such claim. All communications with us in connection with this clause must include the order reference number set out in the Dispatch Confirmation, and the exact nature of the discrepancy between the order and shipment in number or type of Products shipped.
For under-shipments, Belkin shall, at its sole discretion, issue a replacement shipment, within thirty (30) days of receipt of your written notice. To the extent not prohibited by the local laws in your country, the replacement shipment as set out in the preceding sentence is your sole and exclusive remedy for under-shipments by Belkin.
6) Reservations and Pre-Orders
Products available for reservation and pre-order are not offered for sale by Belkin. Your placement of a reservation and pre-order does not create a contract for sale.
By placing a reservation and pre-order for a Product that is not yet available for sale, you make an offer to Belkin to purchase the Product subject to these Terms & Conditions. Belkin will obtain an authorization from your bank or credit card company for $0. Belkin does not capture payment until the Product is actually dispatched, so an authorization from your payment card company may stay open for several days or weeks before a charge is actually made.
Later, when the Product is offered for sale, Belkin may accept your offer to purchase Products subject to these Terms & Conditions. At that time, Belkin will capture payment on the payment card you provided and dispatch your Product. Belkin may obtain an additional authorization from your payment card company to confirm necessary funds are available to purchase the Products requested.
7) Availability, Pricing and Payment
All Products offered on the Store are subject to availability.
The price of the Products will be as quoted on the Store from time to time. Prices may not include value added tax or other local taxes or duties (collectively “Taxes”). You shall pay all Taxes, if any, due on account of purchases made on or through the Store. We calculate and charge all Taxes in accordance with applicable laws. The Product price quoted on our website for Products also excludes shipping and delivery charges which are quoted separately on our website. The Product price and delivery charges also do not include installation charges.
Product prices and delivery charges are subject to change without notice at any time, but changes will not affect orders in respect of which we have already sent you an Order Acknowledgement.
Belkin attempts to be as accurate as possible, but we do not warranty that product descriptions or other content on the Store is accurate, complete, reliable, current or error-free. To the extent permitted by the local laws in your country, if a Product offered by Belkin is not as described, your sole remedy is to return it in unused condition within the time period set forth in the Return and Refund Policy section.
Our Store contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Store may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it. If the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
Payment for all Products must be made either by credit or debit card or by PayPal. We accept payment by Visa Debit, Visa Credit, Mastercard, American Express, and PayPal. A payment by credit or debit card will be charged at or shortly after the time that your Product is dispatched.
Unless you notify Belkin of any discrepancies in any fees and charges incurred in connection with your purchase (including any Taxes) within thirty (30) days from the date of purchase, you agree that they will be deemed accepted by you for all purposes.
8) Resale and Title Transfer
Purchases made on the Store are intended for your own internal use only, and are not authorized for resale or export.
Belkin will deliver the Products ordered by you to the person and address you give Belkin at the time you place your order. Delivery will be arranged as soon as possible after your order is accepted. All delivery times quoted on our Store are estimates only. Refused deliveries will be returned to our warehouse. It may take up to 45 days for returned items to be identified as refused and processed for a refund.
Belkin uses third party companies for order confirmation and delivery notification purposes. These third parties require an address and phone number as part of the order and delivery process, and the phone number may be used by the third party company in case of difficulty in locating the delivery address. By placing an order, you consent to the disclosure of this information to third party companies for this order confirmation and delivery notification purposes only.
The Products will be your responsibility from the time they are shipped from our facility.
Ownership of the Products will only pass to you on the later of either delivery or when we receive full payment of all sums due in respect of the Products, including shipping and delivery charges.
9) Order Cancellation
Our goal is to complete and ship orders as quickly as possible, so our system will process your order immediately when it is placed. For this reason, we DO NOT make changes to or cancel your order once it has been submitted by you where the change or cancellation is due to a change-of-mind. If you have an urgent need to change or cancel your order, please do your best to contact our technical support team within a few hours of your order submission. We do not guarantee that we will be able to process changes to or cancel your order, but we will certainly try to help you. Please ensure that your shipping address, Products ordered, desired shipping method and all other order information are correct before submitting your order. If an error is made by you, you may return the Product to us subject to the Return and Refund Policy in these Terms & Conditions.
If you are located in Indonesia, the following clause applies to you:
To the extent necessary to implement the termination provisions of these Terms and Conditions, you waive any right or obligation it may have under any applicable law or regulation, including without limitation Article 1266 of the Indonesian Civil Code, to request or obtain the approval, order, decision or judgment of any court to terminate any Contract.
10) Return and Refund Policy
The provisions of this section DO NOT apply to consumers in Australia and New Zealand. Consumers in Australia and New Zealand have statutory rights in relation to the return and refund of Products under the Australian Consumer Law and Consumer Guarantees Act 1993 (New Zealand) and other applicable Australian or New Zealand consumer protection laws and regulations – please refer to section 14 regarding your consumer rights.
If for any reason you are not completely satisfied with the Product you purchased from the Store, you can return the Product within the number of days indicated below from the day the Product is delivered to you for a full refund. No refunds will be issued after the set number of days from which the Product is delivered to you, except as otherwise provided herein or in the Product warranty.
Belkin and Linksys branded hardware and soft goods (new): 90 days (in the United States only)
Belkin and Linksys branded hardware (new): 30 days (in all Specified Geographies outside of the United States)
Belkin and Linksys branded hardware (refurbished): 30 days
To initiate a refund, and to arrange for the return of the Product, please contact Belkin as follows:
If you are located outside the United States, you will need to choose your region/location first.
Only Products purchased from a Store are eligible for return and refund under these Terms & Conditions. Refunds will be credited to your original method of payment in the amount of your original purchase price for the returned Product, less any delivery charges. Refunds will usually be reflected on your card account within 45 days after Belkin’s receipt of your Product return.
11) Method for Refund
If you are eligible for a refund, upon contacting Belkin, you will receive a Return Material Authorization (RMA) number and return instructions via email, usually within 2 business days after contacting Belkin for a Product return and refund. You are responsible for properly packaging, labelling and shipping your Product to Belkin at your cost and risk of loss. Please obtain a tracking number as a safeguard for your shipment. We strongly suggest using a reputable shipping company that will provide a tracking number and will insure the package. Belkin must receive your returned Product at the address indicated in the return instructions within 14 calendar days of the issuance of the RMA number. If the Product is delivered to the warehouse after 14 calendar days, no credit will be issued and the Product will be returned to you at your expense.
Please take reasonable care of the Product while it is in your possession, custody or control (whether actual or constructive). To the extent permitted by the local laws in your country and subject to clause 14 below, the Product must be in the best possible condition (normal wear and tear excepted) and with their original, undamaged packaging along with any manuals, accessories, power adaptors, free items and any other components. The Products must not have been used or installed or had any data inputted. The serial number and UPC barcode of the returned Product must be intact. Each Product requires a separate RMA number. Do not include any other items with the Product for which the RMA number was issued. If you do not comply with the foregoing obligations, we may reject your returned Product and return it to you at your expense.
To the extent permitted by the local laws in your country and subject to clause 14 below, Belkin reserves the right to reduce your refund credit by the amount of any missing or damaged accessories, manuals, or other items that were originally shipped with the Product. Your credit card company may take up to 30 days to post the refund to your account.
You are responsible for ensuring that the Product you have ordered can be lawfully imported to your destination country. You must comply with all laws and regulations of the destination country. We are not liable or responsible if you break any such law or regulation, and you agree to indemnify us for your violation of any such law or regulation.
You understand that we may ship your ordered Product from a location overseas, and as such you are the importer of record, and you may be subject to import duties and taxes that are levied once the package reaches your destination country. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Additionally, cross-border shipments are subject to opening and inspection by customs and/or postal authorities. Customs policies vary widely from country to country, so you should contact your local customs office for further information.
Also, we may provide certain order, shipment, and product information, to our international carriers, and such information may be communicated by the carriers to customs and/or postal authorities in order to facilitate customs clearance and to comply with local laws.
13) Export control
You acknowledge that the Products and the Store are subject to U.S. and local export control laws and regulations. You must comply with all laws, regulations and orders of the United States, the United Nation Organization, and the member states of the European Union and the European Free Trade Association, applicable to the export, re-export, transfer or resale of Products or the provision of the Store and related technical information and materials (“Export Laws”). You must not (i) make Products available in any country in contravention of any Export Laws, or any other law, and (ii) export, re-export, divert, transfer or disclose any portion of the Product or Store or any related technical information or materials, directly or indirectly, in violation of any Export Law. You represent that you are not a citizen of an embargoed country or a prohibited end user under applicable U.S. or local export and anti-terrorism laws, regulations and lists.
14) Important Notice Regarding Your Consumer Rights
Important Notice Regarding Your Consumer Rights: SOME COUNTRIES, STATES AND/OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CONDITIONS, WARRANTIES OR GUARANTEES AND/OR DO NOT ALLOW PRODUCTS OR SERVICES TO BE SOLD WITH NO WARRANTIES OR GUARANTEES. ACCORDINGLY, IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE SECTIONS ON “WARRANTIES AND DISCLAIMERS” AND “GENERAL EXCLUSIONS AND LIMITATIONS OF LIABILITY” MAY NOT APPLY TO YOU. ONLY THOSE EXCLUSIONS AND LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, BELKIN’S LIABILITY WILL BE LIMITED ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE ENFORCEABILITY OF THESE LIMITED WARRANTIES MAY VARY BASED ON THE LOCAL LAWS APPLICABLE TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS DEPENDING ON WHERE YOU LIVE. FOR EXAMPLE, IN AUSTRALIA AND NEW ZEALAND, BELKIN’S SERVICES COMES WITH STATUTORY GUARANTEES, INCLUDING AS TO QUALITY AND FITNESS FOR PURPOSE WHICH CANNOT BE EXCLUDED OR LIMITED UNDER THE AUSTRALIAN CONSUMER LAW OR THE CONSUMER GUARANTEES ACT 1993 (NEW ZEALAND) (AS FURTHER EXPLAINED BELOW).
These Terms & Conditions are not intended to and do not:
- change or exclude any statutory consumer rights that cannot be lawfully changed or excluded; or
- limit or exclude any right you have against the person who sold a Belkin Product to you if that person has breached their sales contract with you.
IF YOU ARE LOCATED IN AUSTRALIA OR NEW ZEALAND, THE FOLLOWING PARAGRAPHS APPLY TO YOU:
Certain legislation, including the Australian Consumer Law and the Consumer Guarantees Act 1993 (New Zealand) may impose guarantees or obligations, or imply warranties or conditions on Belkin, which operate to protect certain Australian or New Zealand purchasers of goods and services in various circumstances ("AU Applicable Laws" or "NZ Applicable Laws" as the case may be).
OUR GOODS COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. YOU ARE ENTITLED TO A REPLACEMENT OR REFUND FOR A MAJOR FAILURE AND COMPENSATION FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE. YOU ARE ALSO ENTITLED TO HAVE THE GOODS REPAIRED OR REPLACED IF THE GOODS FAIL TO BE OF ACCEPTABLE QUALITY AND THE FAILURE DOES NOT AMOUNT TO A MAJOR FAILURE.
Nothing in these Terms & Conditions excludes, restricts or modifies any condition, warranty, guarantee, right or remedy implied or imposed by any AU Applicable Laws which cannot lawfully be excluded, restricted or modified.
If Belkin is non-compliant with any implied warranties or consumer guarantees under the Australian Consumer Law or other AU Applicable Laws and has a choice of a remedy for the non-compliance of such implied warranties or consumer guarantees, then Belkin chooses:
in the case of goods:
- the replacement of the goods or the supply of equivalent goods, or
- the repair of the goods, or
- the payment of the cost of replacing the goods or of acquiring equivalent goods, or
- the payment of the cost of having the goods repaired; or
in the case of services:
- the supplying of the services again, or
- the payment of the cost of having the services supplied again.
If Belkin is noncompliant with any conditions, warranties or consumer guarantees under the New Zealand Consumer Guarantees Act or any other NZ Applicable Laws, and Belkin has a choice of a remedy, then Belkin chooses:
in the case of goods:
- the replacement of the goods or the supply of goods of identical type, or
- the repair of the goods, or
- the refund of the goods if it would be unreasonable to expect the products to be repaired; or
in the case of services:
- the supplying of the services again, or
- the payment of the cost of having the services supplied again.
In addition to the above remedies, in some circumstances, an affected person and/or the consumer may claim loss or damage that was reasonably foreseeable and resulted from a problem with the product/service or non-compliance with a consumer guarantee.
15) Warranties and Disclaimers
SUBJECT TO THE SECTION REGARDING CONSUMER RIGHTS IN CLAUSE 14 ABOVE, you agree that:
- Use of the Store is at your sole risk;
- ALL PRODUCTS PURCHASED THROUGH A STORE ARE PROVIDED ON AN “ASIS” BASIS UNLESS OTHERWISE NOTED IN THE LIMITED WARRANTY INCLUDED WITH A PRODUCT. YOU MAY CHOOSE WHETHER TO MAKE A CLAIM UNDER THESE TERMS & CONDITIONS OR THE LIMITED WARRANTY OR BOTH, BUT YOU MAY NOT RECOVER TWICE IN RESPECT OF THE SAME LOSS.
- Belkin and its suppliers, licensors, resellers, retailers and affiliates do not guarantee that your use of the Store will be uninterrupted, timely or errorfree. To the maximum extent permitted by applicable law in a particular jurisdiction, the Store and all content made available on or through the Store are provided “AS IS” and "AS AVAILABLE" for your use without warranties, guarantees, conditions of any kind, whether express, implied, statutory or otherwise; and
- No advice or information (whether oral or written) obtained by you from Belkin on or through the Store will create any warranty or condition not expressly stated in these Terms & Conditions or in the Limited Warranty that accompanies the Product.
IN SOME JURISDICTIONS AND CIRCUMSTANCES, IT IS POSSIBLE TO EXCLUDE AND/OR TO LIMIT BELKIN’S LIABILITY TO CONSUMERS. ONLY IN THOSE JURISDICTIONS WHERE IT CAN LAWFULLY DO SO, AND TO THE FULL EXTENT THAT IT IS ALLOWED BY LAW TO DO SO, BELKIN DISCLAIMS AND EXCLUDES ALL WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCEPTABLE OR SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, LOSS OF OR DAMAGE TO DATA, LACK OF VIRUSES OR FREE FROM VIRUS OR MALWARE ATTACK, SECURITY, PERFORMANCE, LACK OF NEGLIGENCE, WORKMANLIKE EFFORT, QUIET ENJOYMENT, THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE STORE WILL BE CORRECTED, OR THAT YOUR USE OF THE STORE AND RELATED CONTENT DATA, INFORMATION, PROGRAMS AND DOCUMENTATION WILL GENERATE ACCURATE, RELIABLE, TIMELY RESULTS, INFORMATION, MATERIAL OR DATA, OTHER THAN THOSE EXPRESSLY PROVIDED TO YOU BY BELKIN IN WRITING OR AGREED TO BY BELKIN IN WRITING.
ALSO, DUE TO THE CONTINUAL DEVELOPMENT OF NEW TECHNIQUES FOR INTRUDING UPON AND ATTACKING NETWORKS, BELKIN DOES NOT WARRANT THAT THE STORE, THE SYSTEM(S) OR NETWORK(S) ON WHICH (OR THROUGH WHICH) THE STORE IS USED OR OPERATED WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK. A PRODUCT ON A STORE MAY INCLUDE OR BE BUNDLED WITH THIRD PARTY PRODUCT, SOFTWARE OR SERVICE OFFERINGS. WE DO NOT PROVIDE ANY WARRANTIES, WHETHER EXPRESS, IMPLIED OR OTHERWISE FOR SUCH THIRD PARTY PRODUCT, SOFTWARE OR SERVICE OFFERINGS. WE DO NOT GUARANTEE ANY CONTINUED AVAILABILITY OF A THIRD PARTY’S SERVICE WHICH A PRODUCT OR THIS STORE’S USE OR OPERATION MAY REQUIRE.
YOU ARE RESPONSIBLE FOR COMPLYING WITH ANY SAFETY WARNINGS AND PRECAUTIONS THAT ACCOMPANY THE PRODUCT. IF YOU ARE NOT COMFORTABLE WITH USING THE PRODUCT AFTER READING THE SAFETY WARNINGS, YOU MUST RETURN THE PRODUCT IN ACCORDANCE WITH THE ABOVE RETURN AND REFUND POLICY. BELKIN IS NOT RESPONSIBLE FOR (I) YOUR FAILURE TO FOLLOW SAFETY WARNINGS, PRECAUTIONS OR ANY OTHER INSTRUCTIONS PROVIDED WITH THE PRODUCT, (II) YOUR NEGLIGENCE IN USE OF THE PRODUCT, OR (III) YOUR INTENTIONAL MISUSE OF THE PRODUCT.
You acknowledge that you have verified the compatibility of the Products you are purchasing with other equipment in your home. You are solely responsible for determining the compatibility of the Products with other equipment in your home, and you accept that lack of compatibility is not a valid claim under the Limited Warranty included with a Product.
Belkin does not guarantee or promise any specific level of savings on utility bills or other monetary benefit from the use of a Product or any feature of it. Actual utility savings and monetary benefits vary with factors beyond Belkin’s control or knowledge.
Additional warranty and other information related to Belkin Products can be found at: Belkin Support, and for Linksys Products at: Linksys Support.
16) General Exclusions and Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY THE LOCAL LAWS IN YOUR COUNTRY AND SUBJECT TO CLAUSE 14 ABOVE, IN NO EVENT SHALL BELKIN, ITS AFFILIATES, ASSOCIATES, DEALERS, AGENTS OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS AND ASSIGNS BE LIABLE FOR:
- ANY LOSS OR DAMAGE TO YOUR HOME, HVAC SYSTEM, ELECTRICAL SYSTEM, PLUMBING, YOUR PRODUCT AND PERIPHERALS (WHETHER OR NOT CONNECTED TO A BELKIN PRODUCT), COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME; AND
- ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR REVENUE, FOR LOSS OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR LOSS OF ABILITY TO USE ANY THIRD PARTY PRODUCTS OR SERVICES, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE; AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER,
REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR IN ANY WAY RELATED TO THE MISUSE OF OR INABILITY TO USE THE STORE, EVEN IF BELKIN OR SUCH OTHER ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY THE LOCAL LAWS IN YOUR COUNTRY AND SUBJECT TO CLAUSE 14 ABOVE, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF BELKIN, ITS AFFILIATES, ASSOCIATES, DEALERS, AGENTS OR SUPPLIERS TO YOU FOR ALL DAMAGES EXCEED FIFTY DOLLARS ($50.00). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY WARRANTY OR REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THIS SECTION SHALL LIMIT THE LIABILITY OF BELKIN IN RELATION TO DEATH OR BODILY INJURIES.
IF YOU LIVE IN THE EUROPEAN UNION, REFERENCES TO “SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES” SHALL MEAN ANY LOSSES WHICH (I) WERE NOT REASONABLY FORESEEABLE BY BOTH PARTIES; (II) WERE KNOWN TO YOU BUT NOT TO US; AND/OR (III) WERE REASONABLY FORESEEABLE BY BOTH PARTIES BUT COULD HAVE BEEN PREVENTED BY YOU SUCH AS, FOR EXAMPLE (BUT WITHOUT LIMITATION), LOSSES CAUSED BY VIRUSES, MALWARE OR OTHER MALICIOUS PROGRAMS, OR LOSS OF OR DAMAGE TO YOUR DATA OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE.
17) Data, Information and Privacy
18) Electronic Communications
You communicate with Belkin electronically when you use the Store or send email to Belkin. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
20) No Modification; Access to the Store
These Terms & Conditions may not be modified by any other documents or communications unless agreed to in writing signed by an authorized representative of Belkin. Belkin also reserves the right, at any time without notice, to modify or terminate access to and/or operation of the entirety of, or any portion of the Store, including but not limited to when necessary for maintenance purposes.
21) Product Changes and Discontinuation
Belkin strives to make continuing updates and revisions to our Products. Therefore, it is possible that there could be changes between the Product actually shipped to you and the Product information on the Store at the time your order is placed. However, please be assured that the Product actually shipped to you will always meet or exceed the Product specifications on the Store at the time your order is placed.
22) Dispute Resolution
If a dispute arises between Belkin and you, our goal is to learn about and address your concerns. You agree that you will first contact Belkin about any dispute you have with Belkin regarding these Terms & Conditions.
Notwithstanding any provision contained in these Terms & Conditions, Belkin may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of or damage to data, or damage to its servers in any court of competent jurisdiction.
Each of the United Nations Convention on Contracts for the International Sale of Goods and the United Nations Convention on the Limitation Period in the International Sale of Goods is hereby expressly excluded and will not apply to these Terms & Conditions.
If you are located within the United States, the following arbitration clause applies to you:
YOU AND BELKIN EACH ACKNOWLEDGE AND AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY BETWEEN YOU AND BELKIN ARISING OUT OF OR RELATING TO (1) THESE TERMS & CONDITIONS, INCLUDING THE VALIDITY OF THIS SECTION, AND (2) YOUR USE OF PRODUCT(S) AND/OR SERVICES UNDER THESE TERMS & CONDITIONS (COLLECTIVELY, THE “DISPUTE”) SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY JAMS, A NATIONALLY RECOGNIZED ARBITRATION AUTHORITY, PURSUANT TO ITS CODE OF PROCEDURES THEN IN EFFECT FOR CONSUMER-RELATED DISPUTES. YOU UNDERSTAND THAT WITHOUT THIS PROVISION YOU WOULD HAVE HAD A RIGHT TO LITIGATE A DISPUTE THROUGH A COURT BEFORE A JURY OR JUDGE, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREE INSTEAD TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
PRIOR TO SUBMITTING A CLAIM FOR ARBITRATION, EITHER PARTY SHALL FIRST NOTIFY THE OTHER PARTY TO TRY TO RESOLVE THE DISPUTE. IF THE DISPUTE IS NOT RESOLVED WITHIN 60 DAYS OF SUCH NOTIFICATION, THEN THE CLAIM WILL BE SUBMITTED FOR ARBITRATION. THE ARBITRATION OF ANY DISPUTE OR CLAIM SHALL BE CONDUCTED IN ACCORDANCE WITH THE THEN CURRENT AND APPLICABLE RULES OF JAMS AS MODIFIED BY THIS AGREEMENT. THE ARBITRATION SHALL OCCUR BEFORE A SINGLE ARBITRATOR, WHO MUST BE A RETIRED JUDGE OR JUSTICE, IN ONE OF SIX REGIONAL VENUES CONSISTENT WITH THE VENUE PROVISION BELOW. WHETHER OR NOT YOU PREVAIL IN THE DISPUTE SO LONG AS YOUR CLAIM IS NOT FOUND TO BE FRIVOLOUS BY THE ARBITRATOR AS MEASURED BY RULE 11(b) OF THE FEDERAL RULES OF CIVIL PROCEDURE, YOU SHALL BE ENTITLED TO BE REIMBURSED FOR YOUR COSTS OF ARBITRATION, WITHIN THE SOLE DISCRETION OF THE ARBITRATOR. IF THE ARBITRATION AWARD IS EQUAL TO OR GREATER THAN THE AMOUNT YOU DEMANDED IN YOUR ARBITRATION CLAIM, BELKIN WILL PAY FOR YOUR REASONABLE AND ACTUAL ATTORNEYS’ FEES YOU HAVE INCURRED TO ARBITRATE THE DISPUTE, PLUS A MINIMUM RECOVERY OF $2,500. ANY DECISION OR AWARD BY THE ARBITRATOR RENDERED IN AN ARBITRATION PROCEEDING SHALL BE FINAL AND BINDING ON EACH PARTY, AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. IF EITHER PARTY BRINGS A DISPUTE IN A COURT OR OTHER NON-ARBITRATION FORUM, THE ARBITRATOR OR JUDGE MAY AWARD THE OTHER PARTY ITS REASONABLE COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) INCURRED IN ENFORCING COMPLIANCE WITH THIS BINDING ARBITRATION PROVISION, INCLUDING STAYING OR DISMISSING SUCH DISPUTE. ANY ARBITRATION SHALL BE CONFIDENTIAL, AND NEITHER YOU, NOR BELKIN NOR THE ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT OR RESULTS OF ANY ARBITRATION, EXCEPT AS MAY BE REQUIRED BY LAW OR FOR PURPOSES OF ENFORCEMENT OR APPEAL OF THE ARBITRATION AWARD. JUDGMENT ON ANY ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING PROPER JURISDICTION. IF ANY PORTION OF THIS ARBITRATION CLAUSE IS DETERMINED BY A COURT TO BE INAPPLICABLE OR INVALID, THEN THE REMAINDER SHALL STILL BE GIVEN FULL FORCE AND EFFECT.
NEITHER YOU NOR BELKIN SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU UNDERSTAND THAT WITHOUT THIS PROVISION YOU MAY HAVE HAD A RIGHT TO ARBITRATE A DISPUTE ON A CLASSWIDE OR REPRESENTATIVE BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREE INSTEAD TO ARBITRATE ONLY YOUR OWN DISPUTE(S) IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. NOTWITHSTANDING THE ABOVE AGREEMENT TO ARBITRATE DISPUTES, YOU AND BELKIN EACH ACKNOWLEDGE AND AGREE THAT EITHER PARTY MAY, AS AN ALTERNATIVE TO ARBITRATION, BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT TO RESOLVE A DISPUTE, SO LONG AS SUCH SMALL CLAIMS COURT DOES NOT PROVIDE FOR OR ALLOW FOR JOINDER OR CONSOLIDATION OF CLAIMS.
THESE TERMS & CONDITIONS ARE TO BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW RULE THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION (OTHER THAN THE INTERNAL LAWS OF THE STATE OF CALIFORNIA) TO THE RIGHTS AND DUTIES OF THE PARTIES. HOWEVER, WITH RESPECT TO THE SERVICE PROVIDED, IF YOU ARE A CONSUMER AND YOU LIVE IN A COUNTRY WHERE BELKIN MARKETS OR PROMOTES THE SERVICE, LOCAL LAW MAY REQUIRE THAT CERTAIN CONSUMER PROTECTION LAWS OF YOUR COUNTRY OF RESIDENCE APPLY TO SOME SECTIONS OF THESE TERMS & CONDITIONS.
EXCEPT FOR INDIVIDUAL SMALL CLAIMS ACTIONS WHICH CAN BE BROUGHT IN ANY SMALL CLAIMS COURT WHERE JURISDICTION AND VENUE ARE PROPER, ANY ARBITRATION, LEGAL SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS & CONDITIONS OR ANY DISPUTE SHALL BE COMMENCED IN (1) NEW YORK, NEW YORK, (2) ATLANTA, GEORGIA, (3) CHICAGO, ILLINOIS, (4) DALLAS, TEXAS, (5) SEATTLE, WASHINGTON, OR (6) LOS ANGELES, CALIFORNIA, AND YOU AND BELKIN EACH IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION AND VENUE OF ANY SUCH PROCEEDING. HOWEVER, FOR A DISPUTE OF $10,000 OR LESS, YOU MAY CHOOSE WHETHER THE ARBITRATION IN ANY OF THE SIX REGIONAL VENUES PROCEEDS IN PERSON, BY TELEPHONE, OR BASED ONLY ON SUBMISSIONS.
If you are located outside the United States, or if the above arbitration clause is unenforceable as adjudicated by a court of competent jurisdiction, then the following relevant clause applies to you:
Americas Outside the United States or Within the United States but Arbitration clause does not apply
These Terms & Conditions will be governed by California law, without giving effect to principles of conflicts of laws. The state and federal courts of California shall have exclusive jurisdiction over any claim arising under, or in connection with, these Terms & Conditions
Europe, Middle East and Africa
If you are located within Europe, Middle East or Africa, the following dispute resolution clause applies: These Terms & Conditions are governed by English law, without giving effect to principles of conflicts of laws. Belkin and you submit yourselves to the exclusive jurisdiction of the courts of England and Wales.
Australia and New Zealand
If you are located within either Australia or New Zealand, the following dispute resolution clause applies: These Terms & Conditions are governed by the laws of New South Wales, Australia, without giving effect to principles of conflicts of laws. Belkin and you submit yourselves to the exclusive jurisdiction of state and federal courts within the State of New South Wales, Australia.
If you are located within Asia Pacific, the following dispute resolution clause applies: These Terms & Conditions are governed by the laws of Hong Kong, S.A.R., without giving effect to principles of conflicts of laws. Belkin and you submit yourselves to the exclusive jurisdiction of the courts in Hong Kong, S.A.R.
23) Other Important Legal Terms
You acknowledge and agree that any translation of the English language version of these Terms & Conditions is provided for your convenience only, and that the English language version of these Terms & Conditions will take precedence over the translation in the event of any contradiction between them.
These Terms & Conditions, including the documents referred to in these Terms & Conditions, are the entire agreement concerning the subject-matter of these Terms & Conditions and completely replace any prior agreements, understandings, memoranda and representations in relation thereto (whether express or implied, or written or verbal).
We may assign or delegate our obligations under these Terms & Conditions either in whole or in part, without your prior consent and without prior notice to you. You may not assign these Terms & Conditions without our prior written consent.
We will not be liable or responsible for any failure to perform, or delay in the performance of, any of our obligations under a Contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, shortage of materials, explosion, tsunami, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, or the stability or availability of the Internet or a portion of the Internet.
You agree that if Belkin does not exercise or enforce any legal right or remedy which is contained in these Terms & Conditions, this will not be taken to be a formal waiver of Belkin’s rights and that those rights or remedies will still be available to Belkin.
If for any reason a provision of these Terms & Conditions is invalid, the remaining provisions will continue to be valid and enforceable.
BELKIN ONLINE STORE INFORMATION
|Specified Geography||Recommended Store||Brand of Products Available||Applicable Belkin Contracting Entity|
|Australia and New Zealand||www.belkin.com.au||Belkin, WeMo||Belkin Limited
Unit E, 2 Reliance Drive
Tuggerah NSW 2259, Australia
|EU||www.belkin.com/uk/||Belkin, WeMo||Belkin Limited
Express Business Park
|EU||www.belkin.com/fr||Belkin, WeMo||Belkin Limited
Express Business Park
|EU||www.belkin.com/de||Belkin, WeMo||Belkin Limited
Express Business Park
|EU||www.belkin.com/es||Belkin, WeMo||Belkin Limited
Express Business Park
|EU||www.belkin.com/NL||Belkin, WeMo||Belkin Limited
Express Business Park
|EU||www.belkin.com/it||Belkin, WeMo||Belkin Limited
Express Business Park
|United States||www.belkin.com||Belkin, WeMo||Belkin International, Inc.
East Waterfront Drive
Playa Vista, California 90094
|United States||www.linksys.com||Linksys||Belkin International, Inc.
East Waterfront Drive
Playa Vista, California 90094
|Canada||www.linksys.com/ca||Belkin, Linksys, WeMo||Belkin International, Inc.
East Waterfront Drive
Playa Vista, California 90094
BELKIN, LINKSYS, WEMO and many product names and logos are trademarks of the Belkin group of companies. Third-party trademarks mentioned are the property of their respective owners.
© 2018 Belkin International, Inc. and/or its affiliates. All rights reserved.
Updated: October 4, 2018