US Terms of Sale

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SALE.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS OF SALE, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS SITE’S CONTENT, GOODS OR SERVICES BY APPLICABLE LAW.

ARBITRATION NOTICE:  DISPUTES REGARDING THESE TERMS OF SALE AND OUR PRODUCTS AND/OR SERVICES ARE SUBJECT TO BINDING ARBITRATION AND A CLASS ACTION WAIVER AS DETAILED IN SECTION 22 OF OUR TERMS OF USE, WHICH IS INCORPORATED INTO THESE SALE TERMS BY REFERENCE.

These Terms of Sale (these "Sale Terms") apply to the purchase and sale of products and services through http://www.sena.com (the "Site"). These Sale Terms are subject to change by Sena Technologies, Inc. (referred to as "us", "we", or "our" as the context may require) without prior written notice, at any time, in our sole discretion. The latest version of these Sale Terms will be posted on this Site, and you should review these Sale Terms before purchasing any products or services that are available through this Site. Your continued use of this Site after a posted change in these Sale Terms will constitute your acceptance of and agreement to such changes.

These Sale Terms are an integral part of our Terms of Use, which apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site.

1.       Order Acceptance and Cancellation.

You agree that your order is an offer to buy, under these Sale Terms, all products and services listed in your order. All orders must be accepted by us; otherwise, we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion, whether or not your credit card has been charged. Without limiting the generality of the foregoing, we may cancel your order based on the limited availability of products, discontinuance of products, failed credit card transactions or inaccuracies or errors in pricing information. If your credit card has been charged and your order is canceled you will receive a prompt refund credited to your account. After receiving your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between us will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by visiting the Site or calling our Customer Service at +1(888)333-7362(US), +49(0)221-620089-50(Germany) and +33(0)173-09-78-28.

2.       Prices and Payment Terms. 

(a)    All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
(b)    Terms of payment are within our sole discretion, and payment must be received by us before we accept an order. You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

3.       Changes in Products and Pricing.

We regularly update our product offerings on the Site, and we may discontinue products at any time without notice. We will not be liable for any lack of availability of products featured on our Site. 

4.       Promotions, Disclaimers.

We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by separate terms and conditions (“Promotional Terms”). Unless explicitly stated otherwise in such Promotional Terms: (i) all promotional or discount prices listed are pre-tax; (ii) displayed prices reflect any applicable discounts; (iii) promotional offers cannot be combined with any other sales, promotions, discounts, codes, coupons or offers (iv) promotions and discounts do not apply to taxes, shipping fees, or processing charges; and (v) promotional offers are limited to items in stock, with no rain check available. If there is any conflict between these terms and the Promotional Terms, the Promotional Terms will govern.
Promotional offers are void where prohibited, taxed, or otherwise restricted by law. Promotional offers are not valid on purchases made prior to the promotion period and will not apply to any qualifying items added to your shopping cart if they are not purchased while the promotion is in effect. Discount codes, coupons and other promotional offers have no cash value and are subject to cancellation or change at any time, for any reason, without notice. 
If you return any item purchased with a promotional discount, we will adjust your refund by deducting a proportional amount of the discount originally applied. We reserve the right to impose conditions on any promotional offer, code or coupon at our discretion.

5.       Shipments; Delivery. 

(a)    We offer free ground shipping within the contiguous United States (Lower 48 states and the District of Columbia) for orders of $99 or more. Alaska and Hawaii are excluded from the free shipping offer. We do not offer international shipping (including to Canada), shipping to US territories, PO Boxes, re-shippers, or package forwarding services. 
Please check the individual product page for specific delivery options. You are responsible for all shipping and handling charges specified during the ordering process. For any assistance, please visit our support page at sena.com/support/.
(b)    If an ordered item is in stock, it typically ships within 3 business days. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipment.

6.       Returns and Refunds.

Except for any products designated on the Site as non-returnable, we will accept returns of the products purchased on our Site for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of delivery and provided such products are unopened and returned in their original condition. To return products, you must obtain a Return Merchandise Authorization ("RMA") number by visiting our Warranty page and submitting a return request following the instructions under the “Warranty Replacement Procedure.” No returns of any type will be accepted without an RMA number, and the product must be received at our warehouse within 30 business days of RMA issuance. All products must be packed in the original unmarked packaging, including any accessories, manuals, documentation, and registration that shipped with the product.
You are responsible for all shipping and handling charges on returned items. You assume the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide proof of delivery for your protection. 
Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE OR ANY MERCHANDISE THAT HAS BEEN OPENED AND USED. For any wearable products, including helmets, please try them on at an authorized Sena retailer before making your purchase and refer to the products’ sizing guide to ensure a proper fit.
Dead on Arrival (DOA) Products. A hardware product is considered DOA if it shows symptoms of hardware failure, preventing basic operability, upon its first use out of the box. If you believe that your product is DOA, please visit our support page at sena.com/support/ to contact us within 30 calendar days of delivery. Our Technical Support will determine whether the product is DOA and offer you either a replacement or a refund. Shipping will be arranged at our expense for all products determined by our Technical Support to be DOA. We reserve the right to test returned DOA products. If the condition of the product is misrepresented by the customer, we may impose an additional shipping and handling fee.

7.       LIMITED WARRANTY.

THE LIMITED WARRANTIES APPLICABLE TO PRODUCTS PURCHASED FROM OUR SITE ARE DETAILED IN OUR WARRANTY STATEMENT FOUND AT www.sena.com/en-us/support/warranty AND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. 
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPLACEMENT OR REFUND AS SET FORTH IN THE APPLICABLE WARRANTY STATEMENT. OUR RESPONSIBILITY FOR DEFECTIVE SERVICES IS LIMITED TO REPAIR OR RE-PERFORMANCE AS SET FORTH IN THE WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR ANY OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, RESELLERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

8.       Goods Not for Resale or Export.

You agree to comply with all applicable laws and regulations of the various states and of the United States, including all Export Regulations, as defined below. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is the permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, "Export Regulations").

9.       Intellectual Property Use and Ownership.

You acknowledge and agree that:
(a)    You will comply with all terms and conditions of the specific license agreement for any product or service you obtain through this Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products and services. 
(b)    You will not cause, induce or permit others' noncompliance with the terms and conditions of any of these product and service license agreements.
(c)    Sena and its licensor(s) are and will remain the sole and exclusive owners of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights, subject only to the limited license granted under the product's or service's license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site.

10.      Privacy.

Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

11.      Force Majeure.

A “Force Majeure Event” means an event or cause beyond our reasonable control, including, without limitation, (a) acts of God; (b) flood, fire, earthquake, epidemic, pandemic, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond our reasonable control. We shall not be liable or responsible to you or any third party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of these Sale Terms, when and to the extent such failure or delay is caused by or results from a Force Majeure Event.

12.     Governing Law and Jurisdiction.

All matters arising out of or relating to these Sale Terms are governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

13.     Assignment.

You may not assign any of your rights or delegate any of your obligations under these Sale Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 shall be null and void. No assignment or delegation relieves you of any of your obligations under these Sale Terms.

14.     No Waivers.

Our failure to enforce any right or provision of these Sale Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if it is in writing and signed by a duly authorized representative of Sena.

15.     No Third-Party Beneficiaries.

These Sale Terms do not and are not intended to confer any rights or remedies upon any person other than you.

16.     Notices.

(a)    To You. We may provide any notice to you under these Sale Terms by: (i) sending a message to the email address you provide or (ii) posting to the Site. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b)    To Us. To give us notice under these Sale Terms, you may contact us by following the instructions in “How to Contact Us” under the Terms of Use. We may update the address for notices to us by posting a notice on the Site. Notices sent by registered or certified mail will be effective five (5) business days after they are sent.

17.      Severability.

If any provision of these Sale Terms is found to be invalid, illegal, void or unenforceable, then that provision shall be deemed severed from these Sale Terms and shall not affect the validity or enforceability of the remaining provisions of these Sale Terms.

18.      Entire Agreement.

Our order confirmation, these Sale Terms, our Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us regarding the matters contained in these Sale Terms.