Terms of Website Use and Terms and Conditions of Supply

Part A: Terms of Website Use

1. General Terms

1. By accessing and your continued access or use of this Website in any way, you agree to have read, understood, and be bound by the Terms of Use of this Website set out below. These Terms of Use govern the relationship between RIFFSOUND and/or its affiliates (collectively with “we” or “us”) and you regarding the services provided on the Website. If you do not agree with any of the provisions under these Terms of Use including but not limited to RIFFSOUND’s Privacy Policy, then you are expressly prohibited from using this Website and you shall discontinue the use immediately.
2. Supplemental Terms of Use or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. RIFFSOUND reserves the right, in its sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason without any notice to you.
3. FENDERAUDIO Website is a website operated by Riffsound Pte Ltd trading as Riffsound (“RIFFSOUND”). RIFFSOUND has its principal place of business at 5 Harper Road #02-03, Singapore 369673. While FENDERAUDIO Website is accessible globally, the features, products, and services referenced or offered on it may not be available in all countries or regions. We do not warrant or represent that the content or services provided on this website are appropriate and complies with laws outside of Singapore.
4. If you access this website from outside of Singapore, you do so at your own risk and are solely responsible for ensuring you comply with the laws of your jurisdiction.

2. Use of the FENDERAUDIO Website

1. Access to the FENDERAUDIO Website is permitted on a temporary basis and RIFFSOUND reserves the right to withdraw or amend the service RIFFSOUND provides on the FENDERAUDIO Website without any notice. RIFFSOUND will not be liable to you if for any reason the FENDERAUDIO Website is unavailable at any time or for any period including any inability to access the FENDERAUDIO Website caused by your own devices, equipment or the internet connection you use to access the FENDERAUDIO Website. You are responsible for making all arrangements necessary for you to have access to the FENDERAUDIO Website.
2. From time to time, RIFFSOUND may restrict access to some parts of the FENDERAUDIO Website, to users including those who had previously registered with RIFFSOUND.
3. You are solely responsible for maintaining the confidentiality of your log on credentials or any other information provided to you by Riffsound. You agree not to disclose such confidential information to any third party and must take all necessary steps to prevent any unauthorized access. RIFFSOUND will not be responsible or liable in any way in the event you suffer any loss or damage following any such unauthorised use or misuse of your log on credentials or any other confidential information. RIFFSOUND has the right to disable or suspend any user identification code or password, at any time, if in RIFFSOUND’s opinion you had failed to comply with any of the provisions under these Terms of Use.
4. When using the FENDERAUDIO Website, you agree that you will use the FENDERAUDIO Website only for lawful purposes.
5. Specifically, you may not use the FENDERAUDIO Website:
1. in any way that breaches any applicable local, national or international law or regulation;
2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
3. to send, knowingly receive, upload, download, use or re-use any material which is defamatory, obscene, offensive, threatening, abusive, vulgar, hateful or inflammatory, discriminatory or which infringes the intellectual property rights of any third party;
4. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and/or
5. to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
6. You also agree not to:
   1. any part of the FENDERAUDIO Website;
   2. any equipment or network on which the FENDERAUDIO Website is stored;
   3. any software used in the provision of the FENDERAUDIO Website; or
   4. any equipment or network or software owned or used by any third party.
      1. reproduce, duplicate, copy or re-sell or promote or advertise any part of the FENDERAUDIO Website in contravention of the provisions of these Terms of Use; and/or
      2. misuse confidential information of a third party;
      3. use systematic, repetitive or any other methods which are designed to obtain a large number of quotes or other pricing and related information from the FENDERAUDIO Website; and/or
      4. attack (through denial of service, distributed denial of service or otherwise) or access without authority, interfere with, damage or disrupt:
7. A breach of the above clauses, may result in you committing a criminal offence. RIFFSOUND will report any such breach to the relevant law enforcement authorities and RIFFSOUND will co-operate with those authorities including disclosing your identity to them.
8. RIFFSOUND reserves the right to determine, in its absolute discretion, what constitutes a breach of these Terms of Use, breach of the Terms and Conditions of Supply or other abuse of the FENDERAUDIO Website. If RIFFSOUND determines that a breach of these Terms of Use, and/or breach of the Terms and/or Conditions of Supply and/or abuse of the FENDERAUDIO Website has taken place, RIFFSOUND may reserve, suspend or permanently prohibit your use of the FENDERAUDIO Website including deleting your account and banning you from using RIFFSOUND’s services.

3. FENDERAUDIO Website rights

1. RIFFSOUND is the owner or the licensee of all intellectual property rights in the FENDERAUDIO Website and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
2. You may print off one copy and may download extracts, of any page(s) from the FENDERAUDIO Website for your personal reference only.
3. FENDERAUDIO Website is a website operated by Riffsound Pte Ltd trading as Riffsound (“RIFFSOUND”). RIFFSOUND has its principal place of business at 5 Harper Road #02-03, Singapore 369673. While FENDERAUDIO Website is accessible globally, the features, products, and services referenced or offered on it may not be available in all countries or regions. We do not warrant or represent that the content or services provided on this website are appropriate and complies with laws outside of Singapore.
4. You must not otherwise reproduce any copies of any materials you have printed and/or downloaded in any way including any illustrations, photographs, video or audio sequences or any graphics.
5. You must not use any part of the materials on the FENDERAUDIO Website for commercial purposes without obtaining a license to do so from RIFFSOUND or RIFFSOUND’s licensors.

4. The RIFFSOUND Privacy Policy

RIFFSOUND will process the information you provide in accordance with RIFFSOUND’s Privacy Policy. By using the FENDERAUDIO Website, you consent to such processing and you warrant that all data provided by you is accurate and complete.

5. Linking to and from the FENDERAUDIO Website

1. You may link to FENDERAUDIO Website, provided you do so in a way that is fair and legal and does not damage RIFFSOUND’s reputation or take advantage of it. You shall not establish a link in such a way as to suggest any form of association, approval or endorsement on RIFFSOUND’s part where none exists.
2. You must not establish a link to the FENDERAUDIO Website from any website that is not owned by you.
3. The FENDERAUDIO Website must not be framed on any other site, nor may you create a link to any part of the FENDERAUDIO Website other than the home page. RIFFSOUND reserves the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with these Terms of Use.
4. If you wish to make any use of material on the FENDERAUDIO Website other than that set out above, please address your request to obtain permission from RIFFSOUND to [ info@fenderaudio.com]. Where the FENDERAUDIO Website contains links to other sites and resources provided by third parties, these links are provided for your information only. RIFFSOUND has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. The inclusion of a link to a third party website does not constitute an endorsement by RIFFSOUND of or any affiliation between RIFFSOUND and that third party or the products or services that they offer. You acknowledge and agree that RIFFSOUND is not responsible or liable for (including for any loss or damage you suffer or incur as a consequence of your reliance on or purchase of) the content, advertising, products, services, or other materials on or available from such sites.

6. RIFFSOUND’s liability

1. The material displayed on the FENDERAUDIO Website is provided without any guarantees, conditions or warranties as to its accuracy or completeness. To the extent permitted by law, in relation to your use of the FENDERAUDIO Website, RIFFSOUND and other members of any group of companies associated with RIFFSOUND hereby expressly exclude:
1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
2. all liability for any loss suffered or incurred by you, by your use or inability to use or reliance on the FENDERAUDIO Website or any result derived from its use (or use of any websites linked to it), regardless of the nature of that loss, whether direct, indirect or consequential or for any damages suffered;
3. liability for loss of income or revenue, liability for loss of anticipated savings, liability for loss of data, or any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
2. In any event, you agree to indemnify RIFFSOUND and keep RIFFSOUND indemnified, along with each of RIFFSOUND’s affiliated entities and other individuals involved in the creation and operation of this website from any and all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise from or are related to your use of this website, any information that you provide through this website or any damage that you may cause to this website. This indemnification includes, but not limited to, liability relating to copyright infringement, defamation, invasion of privacy and trademark infringement. This provision does not affect RIFFSOUND’s liability for death or personal injury arising from RIFFSOUND’s negligence, nor does it affect RIFFSOUND’s liability for fraudulent misrepresentation or misrepresentation as to a fundamental issue, or any other liability which cannot be excluded or limited under applicable law.
3. RIFFSOUND will not be liable for any loss or damage caused by a distributed denial of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the FENDERAUDIO Website or to your downloading of any material posted on it, or on any website linked to it.

7. Variations

RIFFSOUND may amend these Terms of Use at any time. You are expected to check this page from time to time to take notice of any changes that RIFFSOUND has made, as they are binding on you. Any changes made to these Terms of Use will be effective immediately when they are published on the FENDERAUDIO Website and your continued use of the RIFFSOUND Website will constitute your acceptance of the change to the updated Terms of Use.

8. Your concerns

If you have any concerns about the content that appears on the FENDERAUDIO Website, please email to info@fenderaudio.com

Part B: Terms and Conditions of Supply

These Terms and Conditions of Supply governs the sale of products by RIFFSOUND as the authorised distributor of various electronic products and/or related accessories (“FENDERAUDIO Products”) through the FENDERAUDIO Website.

1. General Terms

Please read these Terms and Conditions of Supply carefully before submitting your order through the FENDERAUDIO Website. You acknowledge and agree that by submitting an order using the FENDERAUDIO Website, you agree to these Terms and Conditions of Supply.

2. Your Responsibilities

1. By placing an order through the FENDERAUDIO Website, you warrant that you:
1. are legally capable of entering into a binding contract;
2. are at least 18 years of age, (if you are under 18, your parent or guardian will need to purchase a FENDERAUDIO Products from RIFFSOUND on your behalf);
3. are not a business entity or carrying on a business;
4. intend to use the FENDERAUDIO Products for personal use only;
5. are not purchasing the FENDERAUDIO Products for export, or resale to another person or for any monetization purposes;
6. will comply with all laws that apply to your use of the FENDERAUDIO Website and your purchase of a FENDERAUDIO Products from RIFFSOUND;
7. release RIFFSOUND from all liabilities or claims that may arise if you purchase FENDERAUDIO Products from RIFFSOUND in breach of warranty; and
8. have read and agreed to these Terms and Conditions of Supply.
2. RIFFSOUND reserves the right to initiate legal proceedings and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any losses or damages incurred by RIFFSOUND due to a transaction entered into by a minor.

3. How a contract is formed between RIFFSOUND and you

1. If you refuse to accept these Terms and Conditions of Supply, you will not be able to place an order via the FENDERAUDIO Website.
2. When you place an order for a FENDERAUDIO Products using the FENDERAUDIO Website, you offer to purchase the FENDERAUDIO Products in your order in accordance with these Terms and Conditions of Supply.
3. A contract with RIFFSOUND will be formed when RIFFSOUND confirms your order. This contract will incorporate these Terms and Conditions of Supply and RIFFSOUND’s Terms of Use for the FENDERAUDIO Website.
4. You will receive an email confirming receipt, acceptance, and the details of your order.
5. RIFFSOUND shall have the right to transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of RIFFSOUND’s rights or obligations arising under it to its affiliates or any third party.

4. Rejection and cancellation of your Order

1. RIFFSOUND may reject your order at its discretion without giving any reasons.
2. If RIFFSOUND rejects your order, it will do so prior to dispatch of the FENDERAUDIO Products you have ordered.
3. You can cancel your order at any time before RIFFSOUND dispatches the FENDERAUDIO Products the subject of the relevant order to you.
4. If your order is rejected or cancelled, RIFFSOUND will refund any amounts you have paid to RIFFSOUND within a reasonable period.
5. An order cannot be cancelled by you after RIFFSOUND dispatches the FENDERAUDIO Products to you in which event you will not be entitled to any claims including any refund of any payments made by you.

5. Payments

1. When placing your order, you will be required to select a payment option and accept the terms and conditions of RIFFSOUND’s payment service partner based on the payment option that you have selected.

6. Pricing

1. Prices listed on the FENDERAUDIO Website are subject to change at any time without notice.
2. All prices are in US Dollars and are inclusive of all duties, taxes, and other mandatory or legal charges that apply to the RIFFSOUND’s sales, including VAT (if applicable).

7. Delivery

1. You shall bear all relevant costs incurred including but not limited to shipping or air freight costs for the delivery of the FENDERAUDIO Products purchased by you.
2. RIFFSOUND will endeavour to provide express delivery of the FENDERAUDIO Products to you however the date and/or time specified for express delivery is approximate only and shall not be a material condition of the contract. You shall not be entitled to cancel an order or seek a refund or seek a return of the FENDERAUDIO Products on the basis of a late or non-delivery of FENDERAUDIO Products.

8. Returns

1. You have 7 days from the date of receipt of your FENDERAUDIO Products to request a return and a replacement of FENDERAUDIO Products or refund of the purchase price from RIFFSOUND if the FENDERAUDIO Products:
1. is not the item you ordered; or
2. is damaged on arrival.
2. To return your FENDERAUDIO Products, you must, within 7 days of your receipt of the FENDERAUDIO Products:
1. go to the FENDERAUDIO Website and provide the proof of purchase ofyour FENDERAUDIO Products;
2. contact RIFFSOUND Customer Service Team by e-mail at info@fenderaudio.com to request for return of FENDERAUDIO Products;
3. supply RIFFSOUND with the Serial Number of your FENDERAUDIOProducts and the order number or invoice number from when youpurchased the FENDERAUDIO Products. The Serial Number should be on the exterior of the packaging in which your FENDERAUDIO Product is delivered.
3. Notwithstanding Clause 8(1)(i) and (ii) above, you hereby agree to bear all costs and expenses relating to the return of the FENDERAUDIO Products to RIFFSOUND.
4. To qualify for a replacement or refund, all the following conditions must be met:
1. the FENDERAUDIO Products must be sealed, and in the original packaging provided by RIFFSOUND along with all accessories (including manuals, warranty cards, certificate of authenticity) and bundled free gifts received along. All packaging must be unused, unmarked and not defaced in any manner;
2. the Serial Number of the product you return to RIFFSOUND must be the same as the Serial Number of the FENDERAUDIO Products sold to you – that is, it must be the same product that FENDERAUDIO or its authorized partner supplied to you;
3. the returned FENDERAUDIO Products must be returned in good physical condition (not physically broken or damaged); and
4. if more than one (1) item is purchased in a single order, all items that falls under Clause 8 (1) (i) and (ii) above shall be returned together.
5. Once RIFFSOUND receives and verifies that the returned FENDERAUDIO Products qualifies for a refund, RIFFSOUND may, at its discretion, choose one of the following options:
1. a replacement product; or
2. a refund for the original purchase price plus applicable taxes.
6. If RIFFSOUND chooses to provide you with a replacement product, RIFFSOUND will arrange with you on the delivery of the replacement product. All costs and expenses for delivery of the replacement product will be borne by RIFFSOUND.
7. If RIFFSOUND chooses to provide you with a refund, please note that RIFFSOUND can only refund the original purchase price of the RIFFSOUND Products to the payment method used by you to purchase the RIFFSOUND Products.
8. Refunds will be processed and paid within fifteen (15) working days after RIFFSOUND receives and verifies the eligibility of the returned FENDERAUDIO Products.
9. If RIFFSOUND determines that the returned FENDERAUDIO Products is not eligible for a replacement or a refund and if you request for the FENDERAUDIO Products to be returned to you, you agree to bear all costs and expenses relating to the return of the FENDERAUDIO Products.

9. Your Rights

1. The warranty and rights to return offered by RIFFSOUND to you apply in addition to other rights and remedies you may have under the applicable law including under the Singapore Laws.

10. Your responsibilities

1. Upon delivery of your RIFFSOUND Products to you, you must inspect the FENDERAUDIO Products and notify RIFFSOUND of any damage, defect or fault to the FENDERAUDIO Products or discrepancies between the FENDERAUDIO Products delivered to you and the product that you have ordered.

11. RIFFSOUND’s Warranties

1. Other than is required by Singapore Law, RIFFSOUND makes no warranty or guarantee in relation to the FENDERAUDIO Products and gives no assurance or indemnity as to any matter relating to the FENDERAUDIO Products, including without limitation, relating to its design, condition, merchantability, fitness, capacity or suitability for a particular purpose, durability or quality of their material or workmanship, or their non-infringement of any intellectual property rights.
2. You acknowledge and agree that except for the express conditions, representations, warranties, guarantees and obligations provided in these Terms and Conditions of Supply, and any conditions, representations, warranties, guarantees and obligations imposed and required to be binding by law in Singapore, all other conditions, representations, warranties, guarantees and obligations, whether express, implied or statutory, including without limitation, all conditions, representations, warranties, guarantees and obligations imposed as to performance or which might arise from course of dealing, course of performance, custom, usage, or trade as well as conditions, representations, warranties, guarantees and obligations of merchantability and fitness for a particular purpose are hereby expressly excluded and disclaimed by RIFFSOUND.

12. RIFFSOUND’s liability in connection with FENDERAUDIO Products

1. This clause must be read subject to Singapore Law and clause 8 under Part B of this Terms and Conditions of Supply. This Terms and Conditions of Supply is not intended to exclude, restrict or modify your rights under Singapore Law.
2. To the full extent permitted by law, RIFFSOUND’s maximum aggregate liability to you for any loss arising from your offer or the sale of a FENDERAUDIO Products to you is limited to a refund of the purchase price to you (including any delivery costs).
3. The Singapore Law may imply conditions, representations, warranties, guarantees or impose obligations upon RIFFSOUND which cannot be excluded, restricted, modified or indemnified against. If this applies, to the extent to which RIFFSOUND is permitted by law, RIFFSOUND limits its liability to, at its option, the replacement of the FENDERAUDIO Products with an equivalent product.
4. RIFFSOUND will not be liable to you or any third party for any incidental, special, indirect, consequential damage or loss, including, but not limited to, damage or loss or loss of use, loss of time, inconvenience, commercial loss, lost profits, lost savings, lost revenues, lost business opportunities, damage to goodwill or reputation, or loss of data to the fullest extent allowed by law even if you or any third party has been notified of the possibility of such loss or damage except to the extent such loss, damage or inconvenience is suffered or incurred by you or any third party in respect of RIFFSOUND’s deceit, fraud or other unlawful acts, death or personal injury caused by negligence, damage to or loss or destruction of real or personal property.
5. RIFFSOUND will not be liable or responsible for any failure to perform or delay in performance of, any of RIFFSOUND’s obligations under a contract that is caused by events outside RIFFSOUND’s reasonable control or due to RIFFSOUND’s compliance with any applicable laws or regulations.
6. You acknowledge and agree that except as provided under Singapore Law, or in these Terms and Conditions of Supply, under no circumstances are you entitled to return or exchange, or have any other rights of recourse against RIFFSOUND, in respect of the FENDERAUDIO Products purchased from RIFFSOUND under these Terms and Conditions of Supply.
7. To the full extent permitted by law, you fully waive, release and discharge RIFFSOUND from all losses, damages, actions, claims, costs, expenses and liabilities whatsoever which RIFFSOUND may sustain or incur in connection with FENDERAUDIO Products, including as may be implied by or stipulated under any law. You acknowledge and agree that RIFFSOUND has accepted your offer to purchase the FENDERAUDIO Products in reliance on this clause.

Part C: General Provisions

1. The courts of Singapore will have exclusive jurisdiction over any claim arising from, or related to, a visit to the FENDERAUDIO Website or the purchase of a FENDERAUDIO Products through the FENDERAUDIO Website. In the event of dispute, both parties should first attempt to resolve the matter through friendly negotiations. Should the parties fail to reach a settlement, either party may commence legal proceedings in the courts of Singapore.
2. If RIFFSOUND fails to exercise any of the rights or remedies to which RIFFSOUND are entitled under these terms of use and Terms and Conditions of Supply, this does not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
3. If any of these terms of use or Terms and Conditions of Supply are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such terms, will to that extent be severed from the remaining terms and the rest of the affected term, these terms of use and Terms and Conditions of Supply shall continue to be valid to the fullest extent permitted by law.
4. If any provision is void, unenforceable or contrary to law, that provision will be excluded from the contract formed with you.
5. In these terms of use and Terms and Conditions of Supply:
1. “Log on Credentials” means a set of unique identifiers such as username, password that enables a user to verify identity in order to log in to an online account.
2. “Singapore Law” means any applicable laws relating to consumer protection in Singapore;
3. “RIFFSOUND” means Riffsound Pte Ltd trading as RIFFSOUND;
4. “FENDERAUDIO Products” means a product you have purchased from RIFFSOUND through the FENDERAUDIO Website;
5. “RIFFSOUND’s Privacy Policy” means the privacy policy available at https://www.fenderaudio.com/pages/privacy-policy/;
6. “FENDERAUDIO Website or Website” means https://fenderaudio.com ;
7. “Terms and Conditions of Supply” means Part B of these terms of website use and terms and conditions of supply;
8. “Terms of Use” means Part A of these terms of website use and Terms and Conditions of Supply; and
9. “you” means the customer, or the individual who places an order through the FENDERAUDIO Website.