Terms & Conditions
This document includes important information about your rights and obligations, as well as conditions, limitations, and exclusions that may apply to you.
These terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
You accept and are bound by these terms and conditions by placing an order from myfirepod.com
You may not order or obtain products from this website if you:
- Do not agree to these terms,
- Are not at least 18 years of age, or
- Are prohibited from accessing or using this website or any of this website's contents, goods, or services by applicable law.
These terms and conditions (these "Terms") apply to the purchase and sale of products by MyFirePod ("MyFirePod", "us", "we", or "our" as the context may require) through myfirepod.com (the "Site").
These Terms are subject to change at any time, without prior written notice, at our sole discretion. The most updated version of these Terms will be posted on the Site, and you should read them before purchasing any product from the Site. Your continued use of the Site following the posting of a change to these Terms constitutes your acceptance and agreement to such changes.
ACCEPTANCE AND CANCELLATION OF ORDERS:
You agree that your order constitutes an offer to purchase all of the products listed in your order under these Terms. We must accept all orders or we will not be obligated to sell the products to you. At our sole discretion, we may refuse to accept any orders. We will send you a confirmation email with your order number and order details after we receive your order. Acceptance of your order and the formation of a contract of sale between MyFirePod and you will not occur until you receive your order confirmation email.
- All prices displayed on this Site are subject to change at any time without notice. The price charged for a product is the price in effect at the time the order is placed, as stated in your order confirmation email. Price increases will only apply to orders placed after the changes are implemented. Taxes and shipping and handling charges are not included in the listed prices. All applicable taxes and fees will be added to your merchandise total and itemized in your shopping cart and order confirmation email.
- Payment terms are at our sole discretion, and payment must be received by us prior to our acceptance of an order. We accept payment through a third-party payment processor, and payment methods are listed during checkout.
YOU REPRESENT AND WARRANT THAT:
- The debit/credit card information or any other payment method you provide to us is true, correct, and complete,
- You are duly authorized to use such debit/credit card any other payment method for the purchase,
- Charges incurred by you will be honored by your credit card company, and
- Charges incurred by you will be paid at the posted prices, including all applicable taxes, if any.
We will arrange for the products to be shipped to you. You agree to pay all shipping and handling fees that are specified during the ordering process. Shipping and delivery dates are only estimates and cannot be guaranteed. We are not responsible for any shipment delays.
Due to Covid-19, your order may encounter shipping delays from shipping carriers. If your package does not arrive on the estimated delivery date, we kindly ask that you please wait 1-2 days for it to arrive before contacting us at email@example.com.
All orders will be shipped within 2-5 business days.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
JURISDICTION AND GOVERNING LAW
All matters arising from or relating to these Terms are governed and construed in accordance with the internal laws of India, without giving effect to any choice or conflict of law provision or rule that would result in the application of the laws of any jurisdiction other than India. Any legal suit, action, or proceeding arising out of or related to these Terms or the products must be brought solely in New Delhi. You waive any and all objections to such courts' exercising jurisdiction over you and to venue in such courts.
DISPUTE RESOLUTION AND BINDING ARBITRATION.
- You are agreeing to give up any rights to litigate claims in court or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.
- Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether pre-existing, present, or future and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your purchase of products or services through the site, will be resolved exclusively and finally by binding arbitration.
- The arbitration will be administered by the Arbitration and Conciliation Act 1996. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. No assignment or delegation relieves you of any of your obligations under these Terms.
The failure by us to enforce any right or provision of these 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 in writing and signed by a duly authorized representative of My FirePod.
NO THIRD-PARTY BENEFICIARIES
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
We may provide any notice or communications to you under these Terms by:
- Sending a message to the email address you provide or
- By 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. To give us notice under these Terms, you must email us at firstname.lastname@example.org
You are communicating with us electronically when you use our Site or send an email to us. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you order from our Site, we collect and store your email address, which may be used to contact you regarding information about our products unless you opt-out of such communications using the opt-out link in the emails.
If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.