TERMS AND CONDITIONS OF PURCHASE

1. These Terms and Conditions of Purchase of TELEVES USA LLC, a company organized and existing under the laws of the State of Colorado, having its principal office at Norfolk Tech Center 16596 E. 2nd Avenue, Aurora, CO 80011 (hereinafter, TELEVES), shall apply to any offer made by TELEVES and to any contract of sale concluded by TELEVES with any Customer, whether an individual or a legal entity (hereinafter, the "Customer").
2. Any sale made by TELEVES shall be expressly conditioned to the Customer's full acceptance of these terms and conditions. The Customer is considered to have accepted these general conditions of sale at the moment in which the Customer clicks “Yes, I agree these Terms and Conditions of Purchase” on the checkbox displayed for this purpose during the online sale digital process at the website in which the products are offered.
3. By clicking “Yes, I agree these Terms and Conditions of Purchase” on the checkbox the Customer shows his full and unreserved acceptance of each one of the terms of these Terms and Conditions, as well as the recognition of their validity and efficacy, except when mandatory regulations applicable to consumer relations provide otherwise.
4. These terms apply only to products sold at the TELEVES website; other possible reseller offers may vary. Products sold by TELEVES are not for immediate resale. Orders that do not comply with TELEVES’s terms, conditions, and limitations may be cancelled.

1. OFFER AND ACCEPTANCE

   1. The applicable prices are those advertised on the website in which the products are offered on the day in which the online sale process takes place.

   2. The offers will be subject to acceptance during the period stipulated in them by TELEVES and, in the event that no period has been stipulated, only on the day in which the online sale process takes place. Without prejudice to the foregoing, TELEVES may withdraw or revoke its offers at any time before one of them is accepted by the Customer.

   3. The sale and purchase shall be deemed to be definitively perfected with the acceptance of the offer by the Customer, by clicking on the checkbox displayed for this purpose during the online sale digital process at TELEVES’s website.

2. PRICES AND TERMS OF PAYMENT

   1. The applicable prices shall be those offered in TELEVES's website on the date of the order’s receipt. Prior to submitting your order, you will have the opportunity to be informed about any applicable sales tax, shipping, and handling charges. Customer shall pay, all taxes, duties, levies or fees, or other similar charges imposed on TELEVES or on the Customer by any taxing authority (other than taxes imposed on TELEVES's income) related to Customer's order.

   2. If you feel your order should be tax exempt, you must provide a valid tax-exempt certificate (other than a resale certificate) at the time you place the order. We do not accept resale certificates, because TELEVES’s online sales are intended for personal use and not for resale.

   3. TELEVES may modify the price list at any time. Any modification of the price list shall not affect any pending orders which will continue to be subject to the prices in force on the date on which the online sale digital process at TELEVES’s website was finished. The previous rule includes the cases in which we lower the price of the product you purchased within the return and exchange periods.

   4. Despite our best efforts, a small number of items may contain pricing, typography, or photography errors. Correct prices and promotions are validated at the time your order is placed. If a product's correct price is higher than our offered price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

   5. At the TELEVES website we accept payment by Visa, MasterCard, American Express credit cards and PayPal. Payments shall be made through the automated payment gateway available at the TELEVES website.

   6. Your payment account will be charged when you place your online order. The online order is considered to have been placed at the end of the payment process through the automated payment gateway available at the TELEVES website. Once placed, your order cannot be changed.

   7. If a change is necessary after order placement, we have a limited amount of time (one hour) to cancel and resubmit the order. Your order will begin processing within one hour of being placed. If your order has reached processing status, the order may not be cancellable. In the event that you need to cancel your order within that hour, please chat or call our Customer Service team through the Contact Us section.

   8. For security reasons, we do not allow address changes after an order has been placed.

   9. TELEVES reserves the right to decline or cancel orders at any time. In such instances, we provide notification via email to the email address you provided when submitting your order. We assume no responsibility for issues resulting from such declines, cancellations, or email notification failure.

3. SHIPMENT AND DELIVERIES

   1. TELEVES ships to street addresses within 50 states of the United States. We cannot deliver to P.O. boxes, private mailbox stores, freight forwarders, United States territories, or addresses outside the 50 United States mentioned.

   2. The shipping costs and expected times for delivery are:

      1. Standard Ground (1-7 business days)
         Standard delivery is free for orders over $49.99 within CONUS (Contiguous United States). Orders below this amount and/or for non-CONUS territories are charged with a delivery fee as per detailed below.
      2. 2nd Day Air (2 business days)
      3. Next Day Air (1 business day - overnight)
         Next day deliveries will be carried out the next business day by end of day.

      Shipping time may exceed in deliveries to Non-CONUS territories.

      The applicable delivery fee is automatically calculated according to the delivery method chosen, items purchased (weight and size) and place to deliver. It is added to the shopping basket, and will be displayed on the order summary page.

      If the Customer detects any error in the address shipping, please inform us by accessing our Contact Us section.

   3. As the order ships, TELEVES will send the Customer an email providing the shipment tracking number(s). To see the detailed progress of your shipment, the Customer must click on the tracking number link provided in the email. Please note that the tracking detail may not be active immediately with the carrier; in that case, check back in several hours or the following day. Also, the Customer can check Order Status any time online to find more details about the order. As TELEVES processes the order, the status bar will move to shipping and finally to delivery. The Customer may click on “View details” to see the shipment tracking number and more details or to navigate to the carrier’s website.

   4. For your protection, a signature is required for most deliveries. We do not allow address changes after an order has been accepted. You may not export any products purchased at the TELEVES website.

   5. Since the actual delivery of your order can be impacted by many events beyond TELEVES’s control once it leaves our facilities, TELEVES shall be not liable for late deliveries. We will, however, work with you to ensure a smooth delivery and communicate delays in shipment as we become aware of delays. Any possible delays shall not entitle the Customer to cancel the order, or to claim liability or penalties of any kind, unless otherwise has been expressly accepted by TELEVES.

   6. The title in the product(s) and risk of loss of, or damage to, product(s) shall pass to the Customer when the Customer, or a person designated by him, acquires physical possession of the product(s). Title in the product(s) shall pass to the Customer when the product(s) is picked up by the carrier from our warehouse. At this point, you will receive the Shipment Notification Email with the delivery status. If there are any issues with delivery, please contact TELEVES Customer Service to resolve. All claims must be made within 10 days of delivery or of the last scan of the package tracking. After that period, TELEVES ability to locate or resolve any claims is limited. Claims received after this point may be denied by TELEVES.

   7. If the shipping box appears damaged from the outside at the moment the shipment is delivered, the Customer has the right to refuse the shipment. In that event, please have the deliverer/driver note the nature and extent of the damage on the shipping receipt. The carrier will return the shipment to TELEVES. Contact TELEVES Store Customer Service (over the phone, chat or through email) immediately to inform us.

   8. If you sign for delivery receipt, but later determine that the product is cosmetically damaged (scrapes, dents, etc.) or operationally damaged (the system will not work) in shipping, take digital photographs of the damaged product and the inside and outside of the box it was received in. Contact TELEVES Store Customer Service immediately and provide documentation of the damage in detail. All claims must be made within 10 days of delivery. Claims received after this point may be denied by TELEVES. In this event, once TELEVES has ascertained the existence of defects and the responsibility thereof, the Customer has a right to return the products either for replacing or for repairing them, or for obtaining reimbursement.

   9. In the event that the Customer does not take possession of the products on the agreed delivery term, the delivery shall also be deemed to have been made, and the Customer shall bear the risk (deterioration, breakdown and definitive loss) and shall pay all the expenses (including storage, insurance and handling) arising from the non-delivery attributable to the Customer.

   10. Further instructions and information relating shipping may be checked by following the link: Shipping conditions

4. PERSONAL USE AND BREACH OF PAYMENT OBLIGATIONS

   1. Products, services, and support acquired by Customer under these Terms are solely for Customer's personal use and not for immediate resale or sub-licensing.

   2. A breach of the Customer’s payment obligations will entitle TELEVES to recover the products delivered, as well as to use any sums paid to TELEVES as price of the contract, to compensate any damages derived from the breach of the contract. In the event that the products have been transformed or integrated into other equipment, TELEVES may retain the processed products or the equipment into which the products have been incorporated as a guarantee until the price has been fully paid.

   3. Additionally, any breach of the Customer’s payment obligations will entitle TELEVES to opt between terminating the contract, with the corresponding compensation for damages; or to claim payment of the outstanding price with the mentioned accrued interest. The payment of interest shall be not conditioned to prior notice to the Customer.

5. RIGHT TO RETURN THE PRODUCT WITHIN THIRTY DAYS

   1. The Customer who is not satisfied with a product may return it to TELEVES within 30 days and ask for reimbursement “30 DAY HASSLE-FREE RETURN POLICY”. This right is conditioned on the product: I. being in its original condition and packaging (with no alterations, damages or defacements), II. Must contain all accessories and documentation and, III. The product must be in acceptable condition for resale (no scratched, damage, etc.).

   2. Products that have been used or damaged by incorrect installation may not be returned. Telescoping masts are never returnable.

   3. Only products that have been purchased directly from the TELEVES website may be returned. Products purchased through other retailers must be returned in accordance with their respective returns and refunds policy.

   4. Return Shipping Cost for CONUS orders (Contiguous United States) will be deducted from the total refund on the amount of $9.95 for all small items and $19.95 for all large outdoor antennas plus Bexia Antennas. Return Shipping Costs for remainder orders (non-Conus) will be charged and assumed by the Customer and will be calculated over the items purchased (weight and size), origin and place to return.

   5. Before proceeding with the return and reimbursement of a product, the Customer must complete and submit the Online Return Authorization Form to validate the return and receive a shipping label. Once authorized, the Customer shall have a maximum period of 15 days to make it effective.

   6. Abovementioned refund will be made effective once the product is received by TELEVES after validation of the foregoing return conditions. The purchase amount, after deducting the return shipping costs, will be refunded via the same payment method used to purchase.

   7. Any items that do not meet the requirements of the 30-Day Hassle-Free Return policy will be sent back to the customer at the customer’s expense.

   8. In the event that the products have visible or noticeable defects, the Customer may return such products if: I. Communicate it in writing to TELEVES within 10 calendar days from the date of delivery of the products. In this event, once TELEVES has ascertained the existence of defects and the responsibility thereof, the Customer has a right to return the products either for replacing or for repairing them, or for obtaining reimbursement.

   9. Further instructions and information about how to proceed with a return may be checked by following the link: https://store.televes.com/return-conditions/

6. ONE-YEAR GUARANTEE AGAINST DEFECTS AND MALFUNCTION

   1. Unless otherwise provided in the offer, TELEVES undertakes a limited warranty to remedy any malfunction or lack of conformity of the products caused by a defect in the design, materials, or manufacture for a period of 1 year. Batteries shall only have a guarantee of 6 months from the date of purchase of the products. In any case, the current or future mandatory legal guarantees which may be imposed by the legislation of the States applicable to online consumer shall be complied by TELEVES. In the event that such a legislation exists, the rules on these terms and conditions shall be considered as default rules, as long as the mandatory legislation allows it.

   2. This guarantee shall never apply to the software, or the services commercialized by TELEVES. The guarantees applicable to software and services shall be those specifically delivered with them.

   3. TELEVES's guarantee shall not apply if:

      1. The products have not been transported, stored, maintained, connected, installed, initiated, or used in a proper way and within the electrical values and operating range (input voltage, ambient temperature, IP protection rating, etc.) required by in accordance with the instructions of TELEVES, and particularly those indicated in the user guides, packaging, technical datasheets, and any other documentation accompanying the products or delivered with them, as well as in prescriptions or technical safety and maintenance standards in force in the country in which the products are intended to be used; or
      2. The malfunction is the result of poor conditions of storage or use; or
      3. The malfunction or lack of conformity results from the normal wear and tear derived from the use of the product according to the aforementioned technical instructions or prescriptions; or,
      4. The malfunction or lack of conformity results from specific materials, components or designs imposed by the Customer, disregarding whether they have been approved or not by TELEVES; or,
      5. The Customer carries out any repairs or alterations to the Products, including changes to previously defined configurations and additions or /connections of third-party products, without the prior express authorization of TELEVES; or
      6. The malfunction or lack of conformity is due to a cause not attributable to TELEVES, particularly when it has its origin in: a) discoloration, corrosion, degradation, deterioration resulting from the product’s exposure to any animal, environmental or vegetable substance or waste matter, oil derivatives, radiation, acid rain, pollution or contamination due to any other element; b) Exposure to fire, water, snow, rain, humidity, or fluids, unless it is indicated in the product’s technical specifications that it is adequate and resistant to such weather conditions; c) Force majeure events, such as, among others, fires, natural and atmospheric events, earthquakes, floods, electric storms, lightning, chemical and biological events, war, warlike events, accidents, vandalism, terrorist attacks, or damages due to the influence of people or animals; d) Any failure or incident in the electric or communications networks, such as cuts, fluctuations or surges that exceed the limits laid out in the product’s technical documentation or within the applicable laws and regulations.

   4. Unless a mandatory rule provides otherwise, the option to repair or replace a defective element corresponds exclusively to TELEVES and will not produce a new one-year guarantee. In these cases, the new guarantee period for the replaced or repaired product will be six (6) months from the date of dispatch to the Customer, or the remaining time of the initial guarantee term, whichever is longer. In the event that the reparation or replacement is unfeasible, or its cost is disproportionate, TELEVES shall replace the product for another product of equal or superior characteristics.

   5. The above guarantee shall be automatically excluded if the Customer carries out any type of repair or modification to the products without the express authorization of TELEVES.

   6. Any guarantee on accessories to the products such as packaging, batteries and other components which accompany the products, but which are not integral parts of the products is excluded. The abovementioned guarantee does not any Customer´s cost related to gaining access to removal, disassembly, replacement, installation, or reinstallation of the products and the transportation from the TELEVES factory or repair facility to the Customer address.

   7. The efficacy of this guarantee and its duration are conditioned to the previous access of a representative or authorized technician from TELEVES to the products to check the alleged malfunction or lack of conformity. Claims against this guarantee must be addressed either to TELEVES’s domicile indicated in article 1, or by email to the e-address […]. Claims must at least include the following information:

      1. Identification of the product affected by the malfunction or lack of conformity.
      2. Date of purchase and/or installation and the corresponding invoices.
      3. Detailed description of the detected malfunction or lack of conformity.

      The defective products must be shipped to TELEVES’s domicile indicated in article 1, using the original packaging, and with all their parts and components. For the shipment of the defective products the Customer must enclose, together with the products, and duly completed the Repair Form available on: www.es.televes.com/form in which the symptoms of the fault must be detailed.

   8. In the event that TELEVES decides that the product is free from defects or lacks of conformity and therefore does not need to be repaired or replaced according to the terms of this guarantee, TELEVES may charge on the Customer its inspection and claims management costs, as well as the shipment costs, and, when applicable, the price of the reparation or replacement, provided that one of these two options is requested by the Customer.

   9. Notwithstanding the statutes of limitations that apply to the remedies available for the Customer under this guarantee according to the law, the Customer, in any event, must give notice of the malfunction or lack of conformity to TELEVES within thirty days from the date in which the Customer become aware of it.

7. LIMITATION OF LIABILITY

   1. The contractual liability of TELEVES shall be limited, in any case, to the price of the purchase under which the claim has arisen, as well as the purchase performance costs, such as shipments, repairs or refunds. Under no circumstances will TELEVES be liable before the Customer, nor before third parties related to it, for incidental, consequential, indirect, special damages or any kind of loss of profit, loss of income, downtime costs or, in general, for losses of any kind which the Customer may suffer as a result of the non-delivery or defective delivery of the products.

   2. In no event shall common law or legislative rules imposing punitive damages apply to the contracts governed by these terms.

8. FORCE MAJEURE

   1. TELEVES will not be liable before the Customer in any way, nor will it be deemed to be in breach of the Contract, for delay in performance or failure to perform its obligations under the Contract, provided that such delay or failure is due to or arises from an event of Force Majeure.

   2. Force Majeure will be interpreted as any cause beyond TELEVES's control and responsibility area, which cannot be foreseen and/or avoided or the effects of which could not have been reasonably foreseen. Force Majeure shall be considered to be, among others, general strikes in the sector, natural and atmospheric phenomena, legislative and administrative decisions, as well as pandemic situations.

9. INTELLECTUAL PROPERTY

   1. The products purchased may contain software, the use of which shall be governed by the terms and conditions of the respective licenses accompanying the software. The Customer has the non-exclusive right to use the software for the sole purpose of utilizing the purchased products. To the extent that the software includes Open-Source Software ("OSS"), TELEVES shall provide the applicable OSS license terms and conditions which shall prevail over these general terms. Details of any third-party software and OSS included in the products being sold is available in the software documentation (EULA).

   2. The intellectual property of the offer, of the information attached to the products, as well as of the elements, drawings or software belongs to TELEVES or its suppliers. Their total or partial copying or transfer to third parties is expressly prohibited.

10. PRIVACY AND DATA PROTECTION

    Privacy Policy is described in the website section Privacy Notice.

11. LAW AND JURISDICTION

    This Terms and Conditions of Purchase shall be governed by the laws of the state of Colorado (US).

    If a dispute arises from or relates to this Terms and Conditions or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration.

    The parties further agree that any unresolved controversy or claim arising out of or relating to this General Terms and Conditions, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association (AAA). The arbitration will be administered by the AAA and will be governed by the AAA Consumer Arbitration Rules, which you can find at www.adr.org. The judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

    Customer agrees that any Dispute between the Parties shall be resolved exclusively in individual (non-class) arbitration.

    If for any reason, AAA is unable or unwilling to conduct the arbitration consistent with these terms, the Parties will pick another arbitrator pursuant to 9 U.S. Code § 5. If necessary, the Arbitrator shall be appointed by the District Courts of Aurora (Colorado).