Terms and Conditions of Sale and Use

The website www.moon.codepoet.xyz (the “Website”) is operated by SIMAUDIO LTD. All information, tools and services provided by the Site to you (the “User”) are subject to your acceptance of all terms, conditions, policies and notices stated below. You must carefully read these “Terms of Use” and “Terms and Conditions” (hereinafter the “Terms”), before accessing or starting to use the Website. By visiting the Website or ordering a product on the Website or from SIMAUDIO LTD., you agree to be bound by these Terms, including all additional terms, conditions and policies mentioned below.

 

  1. Terms of use of the website www.moon.codepoet.xyz

    1. By accessing and using any part of the Website, you acknowledge that you have read these Terms and that you accept them without reservation and agree to abide by them entirely. If you do not agree entirely to these Terms, you must not access and use the Website and immediately cease all use of the Website.
    2. These Terms apply to all users of the Website, including but not limited to, sellers, customers, merchants and content contributors who visit and browse the Website.
    3. SIMAUDIO LTD reserves the right to update the Website at any time and to modify the content at any time without obligation. Notably, but not limited to, SIMAUDIO LTD reserves the right to update, change or replace at any time and without notice any part of these Terms by modifying this page, any error or omission relating to product descriptions, prices, promotions, offers, shipping costs, delivery times and availability.
    4. It is your responsibility to check this page regularly to see if any changes have been made. By continuing to use or access to the Website after the posting of any changes to the Website or to these Terms, you acknowledge that you have taken notice of any changes, modifications or updates to the Website or to these Terms and that you accept without any reservation.
    5. SIMAUDIO LTD does not guarantee that the Website or its content will always be available or uninterrupted. SIMAUDIO LTF is not liable if, for any reason, the Website is unavailable at any time or for any period whatsoever.
    6. All content posted on the Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, compilations of data and software is protected by copyright. The content of the Website and the copyright in the content of the Website are owned by SIMAUDIO LTD or are under the control of SIMAUDIO LTD or its recognized partners. Any use, reproduction, distribution, display or transmission of the content of the Website without the prior written permission of their owner is strictly prohibited.
    7. The logos and trademarks displayed on the Website are the property of SIMAUDIO LTD or third parties. Logos and trademarks may not be used without the prior written permission of their owner.
    8. Use of accessible content by hyperlink. The Website provides links to other websites. All of these sites are independent of SIMAUDIO LTD, which has no control over their content or use and is not responsible for this. SIMAUDIO LTD provides these links for your convenience and you access them at your own risk.
    9. The user agrees to hold SIMAUDIO LTD harmless against any claims, demands, causes of actions, losses, damages, costs, liabilities and expenses incurred or suffered by SIMAUDIO LTD as a result of any violation by you of any provision of these Terms, or as a result of any claim for breach of any provision of these Terms.
    10. Content provided by users. By proposing to include contents on the Website, you warrant that you have full rights and authority to do so and that you are the sole owner of the copyright and the exclusive rights relating thereto. You acknowledge that it is prohibited to offer, post or transmit any content that is unlawful, defamatory, threatening, criminal or indictable or that violates any law. SIMAUDIO LTD is not responsible for the content published by you or any third party on the Website. SIMAUDIO LTD reserves the right, without obligation, to remove or modify any content for any reason whatsoever. SIMAUDIO LTD is in no way required (1) to maintain the confidentiality of the content provided by users; (2) to compensate anyone for any content provided by third parties; (3) to respond to comments.
    11. Responsibility of the user. You assume responsibility for any type of information, profile, message, text, file, photo or illustration, video, music, sound or any other content that you may submit, download, publish or provide on the Website or to SIMAUDIO LTD, including but not limited to the content associated with an hashtag to SIMAUDIO LTD broadcast on social networks and the Internet. SIMAUDIO LTD is not responsible for the nature or accuracy of any comments posted by the user or by any other third party. Only people aged 18 and over can provide content. In the event that the content provided by you or by a third party is selected by SIMAUDIO LTD, such a content may be published and viewed by other users. Any content provided by the user or by any third party will be considered non-confidential and free of rights.
    12. The user shall not use the Website or its content: (a) for illegal purposes; (b) to induce a third party to perform or participate in unlawful acts; (c) to violate any ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate the intellectual property rights of SIMAUDIO LTD or those of third parties; (e) to harass, abuse, insult, injure, defame, slander, denigrate, intimidate or discriminate against anyone based on sex, sexual orientation, religion, ethnicity, race, sexual orientation, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will be or may be used in a way that compromises the functionality or operation of the Website or any other related, independent website or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information; (j) for obscene or immoral purposes; or (k) to infringe or circumvent the security measures of the Website or the services of SIMAUDIO LTD, any other website, or the Internet.
    13. Violation of the Terms. Without prejudice to its other rights under these Terms, SIMAUDIO LTD reserves the right to take any action that it deems appropriate in the event on non-compliance with these Terms, including but not limited suspension or termination of User’s access to the Website, the contact of the Internet Service Provider of the User to request the blocking of its access to the Website and/or the seeking of any remedies. The User agrees to indemnify, defend and protect SIMAUDIO LTD, its parent company, affiliates, partners, principals, directors, agents, contractors, service providers, subcontractors, suppliers, trainees and employees, with respect to any claim or demand, including but not limited to reasonable attorney fees made by any third party due to or arising from out of the breach by the User of these Terms, the documents to which they refer, any law or the rights of a third party.
  1. General Terms and conditions

    1. By ordering Products and/or Services on the Website or from SIMAUDIO LTD, the Customer (as defined below) agrees that these Terms and conditions govern the contract between SIMAUDIO LTD and the Customer. The failure of SIMAUDIO LTD to oppose the conditions or provisions contained in any communications received from the Customer shall be construed as a waiver of these Terms.
    2. « Customer » means any user of the Website or any person or entity who orders Products or Services from SIMAUDIO LTD.
    3. By placing an order or by making a payment through the Website, the Customer guarantees that it is legally able to enter into binding contracts. The Customer agrees to promptly update its account and other information, including its email address, credit card numbers and expiration dates.
    4. It is strictly forbidden to re-sell products purchased from SIMAUDIO or to purchase products and/or services on the Website or from SIMAUDIO LTD for the purpose of reselling them, without prior express written consent from SIMAUDIO LTD.
    5. SIMAUDIO LTD attempts to display on the Website the colors and images of its products, as clearly as possible. However, SIMAUDIO LTD is not responsible for any alteration in the display quality of the products on the Website.
    6. SIMAUDIO LTD tries to ensure the greatest possible conformity of the Products to the description made on the Website. However, SIMAUDIO LTD does not warrant that such a description is accurate, complete, current, or error-free. All the descriptions of the products are subject to change at any time without notice.
    7. SIMAUDIO LTD reserves the right to stop offering a product or service or to limit the quantities of any product offered on the Website at any time.
    8. If SIMAUDIO LTD is not able to provide the Customer with a product or service, including in the event of a product’s unavailability, stock shortage or price error on the Website or on the website of a reseller, SIMAUDIO LTD will not process the order unless SIMAUDIO LTD indicates to the Customer that it will attempt to deliver the product within an additional 60 days. If SIMAUDIO LTD fails to deliver the product within this additional 60 days, the order will be automatically canceled unless SIMAUDIO LTD advises the customer that the product will be delivered within an additional period of time that SIMAUDIO LTD will set. In case of cancellation of the order, SIMAUDIO LTD will refund the price paid, including delivery fees, and SIMAUDIO LTD will not incur any liability to the Customer.
  1. Terms of payment

    1. Prices displayed on the Website do not contain any taxes or shipping, delivery, storage and brokerage fees, all of which being additional. Taxes, customs duties and brokerage, when applicable, are the responsibility of the Customer. The Customer is responsible for the selection of the currency so that the price applicable to the location of the Customer can be calculated. SIMAUDIO LTD is in no way liable for the payment of any taxes, transport costs, delivery, storage, brokerage and customs duties or their reimbursement to the Customer.
    2. All prices are subject to change at any time without notice. The Website only accepts the following payment methods: Visa, Mastercard, Paypal, AmEx.
    3. The Client warrants that all the provided information are correct and that he is authorized to use the payment method in question.
    4. Title retention clause. The goods will only be shipped after receipt of payment.
  1. Orders and delivery

    1. The authorized delivery zones is limited to Canada.
    2. Deliveries are carried out by UPS and within the times announced by UPS. Usual delivery times are generally between 2 and 10 working days (after notification) in the major metropolitan areas within Quebec. Delivery times to rural or remote areas within Quebec may be longer and may require the Customer to get the parcel at a point of service. This information is for guidance only.
    3. The products are dispatched with the address of delivery indicated by the customer during the process of order and the Customer is responsible for the accuracy of the provided information.
    4. Orders shall be processed from Monday to Friday, from 8:30am to 5:00pm. The orders placed outside this schedule or on a public holiday shall be processed the next business day.
    5. Due to the value of the products, delivery will require the signature of a person above the age of majority to accept the product. If no one is available at the delivery address to accept the delivery, a notice may be left and the product may be deposited at a point of service.
    6. SIMAUDIO LTD reserves the right to refuse in its sole discretion, any sale or delivery in any geographical area by cancelling the order. SIMAUDIO LTD also reserves the right to reduce quantities ordered per person, household or per order. Without limiting the foregoing, SIMAUDIO LTD may limit or refuse sale or delivery of products that, in its sole judgment, may appear to be from merchants, resellers or distributors.
    7. Risk of loss. Risk is transferred at the moment that SIMAUDIO LTD delivers the goods to the carrier. In particular, but not exclusively, SIMAUDIO LTD may not be held liable for any damage related to the delivery of the Products by the carrier, including but not limited to delivery delays, damage or loss of the Products.
  1. Return and exchanges

    1. The Customer has 14 business days as from receipt or the pick-up of the order in which to return to SIMAUDIO LTD the Product he or she finds unsatisfactory. Refunds will be made according to the original payment method.
    2. To initiate a return request, please contact us by email (websales@moon.codepoet.xyz) or by phone at 1 450 449-2212 within 14 days of the receipt or pick-up of the order.
    3. No return or exchange of product will be granted if the Customer has not previously initiated a return request and obtained the written approval of SIMAUDIO LTD.
    4. Restocking fee [to be discussed]. Any return must be carried out using UPS services, with insurance covering the value of the Product(s) being returned.  All shipping costs associated with the return or the exchange of the product are the responsibility of the Customer.
    5. In order for the return be accepted, the product must be in its original condition, undamaged and carefully packed in the original packaging together with all the accessories materials and documentations (including instruction manual, warranty form, promotional cards, etc.) shipped with the product.
    6. Only returns from authorized delivery zones are accepted. The list of eligible countries is subject to change without prior notice.
    7. SIMAUDIO LTD reserves the right to refuse any return request that does not meet the present conditions.
  1. Warranty policy

    1. The details and conditions of the warranty policy are described in the documentation provided to the Client (the “Warranty documentation”), when purchasing a product. In case of any contradiction between the Warranty documentation and these Terms, the former shall prevail.
    2. The products are warranted one year from date of purchase, subject to the exceptions provided for in the Terms or in the Warranty documentation. This warranty period can be extended in order to benefit from a total maximum duration of ten (10) years by registering for free the product with SIMAUDIO LTD within thirty (30) days of the date of purchase.
    3. SIMAUDIO LTD, its related companies, its officers, managers, employees, representatives or agents will, under no circumstances, be liable for any damages of any kind that occur as a direct or indirect result of damage to or loss of the product or for any damages resulting from the malfunction or inadequate functioning of the products or accessories or for damages arising from any origin whatsoever occurring to goods or persons.
  1. Other provisions

    1. Force majeure. SIMAUDIO LTD shall not be responsible or liable for, or deemed in breach of the Terms because of, any delay in the performance of its obligations due solely to circumstances beyond its reasonable control and without fault or negligence of the party experiencing such delay, including, but not limited to, acts of God; unusually severe weather conditions; strikes or other labor difficulties; war; riots; requirements, actions or failures to act on the part of governmental authorities; inability despite due diligence to obtain required permits or licenses; accident; fire; damage to or breakdown of necessary facilities; or transportation delays or accidents.
    2. If any provision of the Terms is or become illegal, invalid or inapplicable, this provision shall be enforced to the fullest extent permitted by law and the non-applicable part shall be deemed to be severed and will not affect the validity and enforceability of any remaining condition.
    3. Any failure of SIMAUDIO LTD to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
    4. Governing law. The Terms shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, excluding their rules governing conflicts of laws.
    5. Choice of Forum. The Client/User and SIMAUDIO LTD agree that the courts of the Province of Quebec in Montreal shall have exclusive jurisdiction over disputes under the Terms or any agreement or obligations thereunder.
    6. Please contact us at the following email address should have any question or should you need any other information about the Terms info@moon.codepoet.xyz.