Terms & Conditions
Last updated: May 16th, 2024
I. About Us
Teufel Audio US, Inc. (“We” “Our” “Us” or “Teufel”) is a Delaware corporation with offices located at 16192 Coastal Highway, Lewes, Delaware 19958, USA. We are the US-based affiliate of Lautsprecher Teufel GmbH, which manufactures high quality audio products. Users (“You” “Your” or “Customers”) who use our website, us.teufelaudio.com (the “Website”) must first agree to be bound by these terms and conditions (the “Terms”).
II. Terms and Conditions of Use
These Terms set forth the mutual understanding and binding agreement between Teufel on the one hand, and You on the other hand, with respect to Your use of the Website. Please be sure to read and understand our Privacy Policy before using the Services, as those terms are expressly incorporated into these Terms by reference. The Privacy Policy and these Terms may be referred to collectively as the “Policies.”
The Website is strictly offered for Your own personal, educational, and non-commercial use and it is offered purely as a convenience. Your reliance upon the Website or the information contained therein is strictly at Your own risk. To the extent that You use the Services on behalf of a legal entity, corporation, or organization, then You represent and warrant that You are duly authorized to bind such entity.
We urge You to read the Policies very carefully. We may update the Policies from time to time, so please check back frequently and take note of the date of the most recent revision, above. By accessing, browsing, or otherwise using the Website, You indicate that You understand the Policies that and You agree to be bound by the Policies, including these Terms. You must be at least eighteen (18) years old to use the Services, except as otherwise provided by applicable law. If You do not agree to accept and abide by the Policies, immediately cease all use of the Services.
Except as otherwise stated on the Website, all proprietary rights and all other intellectual property rights are owed by Lautsprecher Teufel GmbH and are expressly reserved by Us. Trademarks depicted on the Website which are the property of third parties are used by permission.
You may not distribute, modify, transmit, reuse, repost, or copy any marks or intellectual property contained on the Website without Our express prior written consent in each instance.
1. Your Duties and Obligations; Prohibited Activities
As a condition of Your use of the Website, You warrant that: (i) You are at least eighteen (18) years old; (ii) You possess the legal authority to enter into a binding legal contract; (iii) You will use the Website in accordance with these Terms; and (iv) all information supplied by You through the Website, if any, are true, accurate, current, and complete.
You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, or services obtained from or through the Website. Furthermore, You agree not to do any of the following:
a. Access, monitor, or copy any content or information of the Website (including but not limited to information associated with any third-party accounts) using any robot, spider, scraper or any other similar means, whether automated or manually for any purpose without Our prior express written consent;
b. Violate the restrictions in any robot exclusion headers on the Website or circumvent other measures used to prevent or limit unauthorized access to the same;
c. Do anything that would impose an unreasonable or excessive traffic or load on Our infrastructure;
d. Deep-link to the Website for any purpose; and
e. Incorporate any part of the Website into any other website without Our express prior written consent in each instance.
2. Service Interruptions
We make the Website available to You as a courtesy; You are not entitled to use the Website, or to any specific functions thereof. Teufel reserves the right to make changes or updates to the content or functionality of the Website at any time and without any prior notice. We make no guarantees as to the functionality, availability, or accessibility of the Website. Technical problems, network outages, or maintenance may cause an inability for You to access or use the Website.
3. Limitation of Liability
We endeavor to ensure that the products depicted, and the information presented on the Website is accurate, however we are unable to verify the accuracy or completeness of all information that We gather and display thereon. Any information made available through the Website is offered strictly for convenience purposes only. We make no guarantee as to the accuracy of any products or information displayed on the Website. You assume the risk that the configuration of Your device might cause the images displayed on Our Website to differ slightly from the actual color of each item. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AS IT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE SET FORTH ELSEWHERE IN THESE TERMS, TEUFEL MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
Teufel does not warrant that (a) the Website will function uninterrupted, secure or be available at any particular time or location; (b) any errors or defects will be corrected; (c) the Website are free of viruses or other harmful or malicious software or code; or (d) the results of using the Website will meet Your requirements.
Teufel’s liability, and that of its employees, representatives, agents, shareholders, directors, or contractors shall be limited to damages incurred as a result of Our willful or gross negligence.
TO THE EXTENT THAT A COURT OF COMPETENT JURISDICTION SHOULD DETERMINE THAT TEUFEL IS LIABLE FOR ANY LOSS OR DAMAGE SUFFERED BY ANY USER OR ANY THIRD PARTY AS A RESULT OF SUCH USER’S USE OR RELIANCE UPON THE WEBSITE, SUCH USER’S ENTIRE RECOVERY SHALL BE CAPPED AT, AND SHALL NOT EXCEED, AN AMOUNT THAT IS EQUAL TO THE AMOUNT PAID BY SUCH USER TO TEUFEL, IF ANY.
If You reside in a jurisdiction that does not allow for the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, the limitations above will not apply to You.
You agree to defend and indemnify Teufel and any officers, directors, shareholders, employees, and agents of the same from and against any claims, actions, demands, losses, penalties, or other costs of any kind, including legal fees, brought by third-parties as a result of (1) Your breach of these Terms; (2) Your violations of any law or the rights of any third-party; (3) Your use of the Website.
Links to third-party websites, products, and services available through the Website may direct You to other websites that are not affiliated with Us. We are not responsible for the content of any other website, nor shall Teufel bear any responsibility for any harm, damages, losses or disruptions that You may suffer as a result of visiting any third-party websites.
4. Changes to Our Policies
The Website is continually evolving and Teufel reserves the right, in Our sole discretion, to modify or replace the Policies and/or the Terms at any time. What constitutes a material change will be determined in Our sole discretion. By continuing to use the Website after any revised terms become effective, You agree to be bound by such revised terms. If You do not agree to the new terms, You are no longer authorized to use the Website.
5. Contact Us
If You have any complaints or believe that any of the content on the Website violates the rights of third parties, please contact Us at:
Teufel Audio US, Inc.
16192 Coastal Highway, Lewes, Delaware 19958, USA
Email: legal@teufelaudio.com
Help Us to improve the Website! We welcome Your feedback , negative or positive, as well as Your suggestions. Leave comments, rate Our Website or simply write to Us at the address listed above or using feedback@us.teufelaudio.com
By submitting Your feedback, whether You post, link, store, share, or otherwise make certain information available (collectively “Content”), You consent to Our use and sharing of such Content free of charge and anonymously for Our own commercial purposes in accordance with Our Privacy Policy. By submitting any Content, whether via email or through the Website, You represent and warrant that: (i) the Content is Yours (You own it) and/or You have the right to use it and the right to grant Us the right and license as provided in these Terms; (ii) that the posting of the Content on or through the Website does not violate the privacy rights, publicity rights, copyright, trademark, or other intellectual property right of any other person or entity; and (iii) such Content shall not contain any pornographic or hateful material.
You retain any and all of Your rights to any Content You submit, post or display on or through the Services and You are responsible for protecting those rights. We take no responsibility and assume no liability for Content You or any third-party should post. However, by posting or submitting Content through the Services, You grant Us the right and perpetual, worldwide, transferrable, irrevocable, royalty-free license to use, modify, publicly perform, publicly display, reproduce, sublicense, and distribute such Content in any manner We should desire. You agree that this license includes the right for Us to make the Content available to other Users of the Services.
Teufel has the right, but not the obligation, to monitor any Content submitted. Inappropriate Content may be deleted or removed.
6. DMCA/Intellectual Property Issues
All third party images and trademarks that appear on the Website are used by permission. If You have a good faith belief that the Website includes any Content or other material that infringe upon Your rights, please send Us a written notice that contains: a clear description of the work allegedly infringed upon; a link to the allegedly infringing material appearing on the Website; Your full contact information; a statement that You have a good faith belief that the material appearing on the Services is not authorized by such material’s owner, its agent, or the law; and a signed, sworn statement under the penalties of perjury that You are authorized to act on behalf of the owner of said material. You may send such notice to legal@teufelaudio.com
If Your Content or material has been taken down, We suggest that You consult with an attorney before submitting any counter-notifications to Teufel. You may file a counter-notification that includes the following: a clear description of the material that was removed and the location where such content appeared on the Website (please provide a URL, if possible); Your full contact information; a statement that You consent to the jurisdiction of the Federal District Court for the judicial district in which Your address is located, or if Your address is outside the United States, for any judicial district in which Teufel may be found, and that You will accept service of process form the party who reported Your material; and a sworn statement under the penalties of perjury that You have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification. Such counter-notification may be sent to legal@teufelaudio.com
7. Dispute Resolution; Legal.
We invite You to submit any questions, concerns, or disputes by emailing our customer support team at support@us.teufelaudio.com. We strive to address and remedy all user concerns fully and promptly. To the extent that the issue(s) remain(s) unresolved, a party demanding arbitration shall deliver to the other party, via certified mail, a written notice of the dispute. Except for any disputes brought in small claims court, You hereby waive Your right to a jury trial and all disputes between You and Teufel arising out of, relating to, or in connection with the Website shall be exclusively settled through binding arbitration pursuant to the then-current streamlined rules of the American Arbitration Association (“AAA”) before a single arbitrator. Parties and witnesses residing more than fifty (50) miles from the venue of such proceedings may testify telephonically, or via such other audio-visual means as the arbitrator shall approve. YOU AND TEUFEL AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Notwithstanding any provision in this Agreement to the contrary, if the class-action waiver in the preceding sentence is deemed invalid or unenforceable, however, neither You nor We are entitled to arbitration. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in this Agreement to the contrary, we agree that if Teufel makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) for which notice had already been actually delivered to Teufel. If the arbitration provision in this Section is found to be unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in Hampden County, Massachusetts. You hereby accept the exclusive jurisdiction of such court for this purpose. These Policies (including these Terms) are governed by the laws of the Commonwealth of Massachusetts without regard to conflict of law provisions.
Notwithstanding any provision in the Policies to the contrary, if we make any subsequent material changes to the abovementioned Arbitration provision to which you do not agree, You may object to any such change by delivering to us a written notice within thirty (30) calendar days of the change to the Arbitration provision. By rejecting our material changes to the Arbitration provision, You agree to be bound by the terms of the Arbitration provisions in place when You first accepted these Terms, or such subsequent material changes which You accepted, whichever is later.
Copyright © 2024 Teufel Audio US, Inc. TEUFEL is a trademark of Lautsprecher Teufel GmbH. All rights reserved.