Terms of Service


MAG LEV Audio d.o.o. ("MAG LEV") provides its services through www.maglevaudio.com and any other website for which MAG LEV owns the domain registration (the "Site"), its proprietary video viewing platform and the services made available by MAG LEV therein, including the "MAG LEV Network," and certain mobile applications that allow you to access the MAG LEV services and to buy MAG LEV's products (collectively, the "Service") through registered access to account.
1. Acceptance of the TOU
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING THE WEBSITE OR USING THE SERVICE YOU, YOUR HEIRS, AND ASSIGNS (COLLECTIVELY, "YOU") ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TOU, WHETHER OR NOT YOU HAVE REGISTERED ON OR THROUGH THE SERVICE. If you accept or agree to these TOU on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these TOU and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Certain areas of the Service, including, but not limited to, the areas of the Service through which you may purchase MAG LEV products, may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions ("Product-Specific Terms"). If there is a conflict between these TOU and terms and conditions posted for a specific area of the Service, the Product-Specific Terms will take precedence with respect to your use of or access to that area of the Service.

These TOU comprise also
Privacy policy
Orders, delivery, shipping document
Return, refund document
Warranty, limitation of liability document.
ELECTRONIC COMMUNICATIONS
When you use any Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that MAG LEV provides to you electronically satisfy any legal requirement that such communications be in writing.
LIMITATION OF LIABILITY
MAG LEV is not responsible for any modification or damage to, or loss of any programs, data, or other information stored by MAG LEV, or stored or hosted by us in connection with a Service MAG LEV provides.

THE MAG LEV SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MAG LEV SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
MAG LEV'S ENTIRE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF, OR IN CONNECTION WITH, THESE TERMS IS LIMITED TO THE AMOUNTS YOU ACTUALLY PAID TO US UNDER THE TERMS. FURTHER, NEITHER MAG LEV NOR MAG LEV'S EMPLOYEES   ARE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR OTHER DAMAGES, OR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE PRODUCT, OR ANY ASSOCIATED EQUIPMENT, COSTS OF COVER, DOWNTIME AND USER TIME, OR FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITIONS, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE PRODUCTS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE APPLYING TO THE PRODUCT IS LIMITED.
WE BOTH AGREE ABOUT THESE LIABILITY LIMITATIONS, THAT SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR SPECIFIED OTHER DAMAGES, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY, OR MAY NOT FULLY APPLY TO YOU.
PLEASE NOTE: THE ABOVE LIMITED WARRANTY PROVISIONS WILL NOT APPLY MAG LEV PRODUCT YOU PURCHASE IN THOSE JURISDICTIONS IN WHICH MAG LEV PRODUCT WARRANTIES ARE THE RESPONSIBILITY OF THE LOCAL DISTRIBUTOR FROM WHOM MAG LEV PRODUCTS ARE ACQUIRED.  IN SUCH CASE, PLEASE CONTACT YOUR MAG LEV PRODUCT DEALER FOR APPLICABLE WARRANTY INFORMATION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAG LEV BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE SERVICES.
LICENSE AND INTELLECTUAL PROPERTY

You agree that MAG LEV owns all right, title, and interest to all intellectual property and other proprietary rights to anything related to Products, including, but not limited to patents, trademarks, copyrights, prices, data, website content. You shall take reasonable precautions to prevent unauthorized access and use of Services and documentation by third parties. You can’t let any third party copy, decompile, disassemble, or otherwise reverse-engineer the Products, or attempt to do so. You are prohibited from, and shall prevent any third party from, removing, covering, or altering any of our patent, copyright, or trademark notices placed upon, embedded in, or displayed by the Product or their packaging and related materials. MAG LEV reserves all rights in the Products, webpages and Services not specifically granted to you under these Terms. 
MAG LEV grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use of any Service, or its contents; any collection and use of any product listings, descriptions, or prices; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these TOU are reserved and retained by MAG LEV or its licensors, suppliers, publishers, rightsholders, or other content providers. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MAG LEV without express written consent. You may not use any meta tags or any other "hidden text" utilizing MAG LEV name or trademarks without the express written consent.
SEVERABILITY
In the event that any provision of these TOU is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these TOU, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These TOU are effective unless and until terminated by either you or MAG LEV. You may terminate these TOU at any time by notifying us that you no longer wish to use MAG LEV'S Services, or when you cease using MAG LEV'S sites.
If in MAG LEV'S sole judgment you fail, or MAG LEV suspects that you have failed, to comply with any term or provision of these TOU, MAG LEV also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to Services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision.
These TOU and any related Terms and policies operating rules posted by MAG LEV on this site or in respect to The Service constitutes the entire agreement and understanding between you and MAG LEV and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the TOU).
Any ambiguities in the interpretation of these TOU shall not be construed against the drafting party.
GOVERNING LAW
These TOU and any related Terms and policies as well as separate agreements whereby MAG LEV provides you Services shall be governed by and construed in accordance with the laws of Slovenia, with competent court in Ljubljana.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the TOU at any time at this page.
MAG LEV reserves the right, at it's sole discretion, to update, change or replace any part of these TOU by posting updates and changes to MAG LEV'S websites. It is your responsibility to check websites periodically for changes. Your continued use of or access to MAG LEV website or the Service following the posting of any changes to these TOU constitutes acceptance of those changes.
PRIVACY POLICY
By using MAG LEV Site, you also agree to MAG LEV'S Privacy policy that is also a part of MAG LEV's Terms of use and “Orders, delivery, shipping” document, “Return, refund” document and “Warranty, limitation of liability” document .
 If you do not agree with this Privacy policy, MAG LEV kindly ask you not to use the MAG LEV's Services.
Since MAG LEV respects Privacy and will resolve all the issues with regards to it.
MAG LEV is the sole owner of the information collected on this site.  MAG LEV will not sell, share, or rent this information to any outside parties, except as outlined in this policy.  MAG LEV collects information from our users at several different points on our MAG LEV site in order to process orders and better serve you with pertinent information. Information collected includes name, shipping address, billing address, telephone numbers, e-mail address, and payment information such as credit card.
MAG LEV collects both personal information and non-personal information that you provide to us, including personal information that may be contained in any video, comment, or other submission you upload or post to the Services. “Personal information” is information that identifies you and can be used alone to contact you online or offline. MAG LEV may collect Personal information from you in the context of:

•Account registration and administration of your user account;
•Contest registration and prize acceptance;
•Customer support and technical assistance;
•Processing your order for products or services offered by MAG LEV;
•Registration for your MAG LEV products;
•Providing updates to you regarding your MAG LEV products;
•Newsletter subscriptions;
•Access to MAG LEV products or services on social networks or third party services;
•Other uses of the Services where Personal information is requested for use and/or participation.

MAG LEV may also ask for “non-Personal information,” i.e., information that, alone, cannot be used to identify or contact you. You may be asked to submit non-Personal information with Personal information or separately. Such information may include IP address, profile information, aggregate user data, preferences, technical session information, browser type, information about your computer, hardware, software, or mobile device, including a device identifier, demographic information including gender, zip code and age, and navigational data including log files, server logs, clickstream data, and other data such as your location, where enabled, and language preference. User IP addresses are recorded for security and monitoring purposes. If you arrived at MAG LEV website via a link from another webpage, MAG LEV may receive aggregate or otherwise anonymous statistical information about your visit to the site. MAG LEV monitors customer traffic patterns and site usage to help develop the design and layout of the site, and to improve the content of website. MAG LEV may combine this automatically collected and other non-Personal information with Personal information, in which case MAG LEV will treat the combined information as Personal information under this Privacy Policy.

Except as otherwise stated in this Privacy Policy, MAG LEV does not sell, trade, rent or otherwise share for marketing purposes your Personal Information with third parties without your consent. MAG LEV shares Personal Information with vendors who are performing services for the Company, such as the servers for email communications who are provided access to user’s email address for purposes of sending emails from us. 

In general, the Personal Information you provide to MAG LEV is used to help communicate with you.  For example, MAG LEV uses Personal Information to contact users in response to questions, solicit feedback from users, provide technical support, and inform users about promotional offers.

In general, MAG LEV uses Non-Personal Information to help improve the Service and customize the user experience.  MAG LEV also aggregates Non-Personal Information in order to track trends and analyze use patterns on the Site.  This Privacy Policy does not limit in any way MAG LEV's use or disclosure of Non-Personal Information and MAG LEV reserves the right to use and disclose such Non-Personal Information to our partners, advertisers and other third parties at our discretion.

MAG LEV discloses potentially personally ­identifying and personally ­identifying information only to those of employees, contractors and affiliated organizations that (i) need to know this information in order to process it on MAG LEV's behalf or to provide services available on websites, and (ii) that have agreed not to disclose it to others.
Some of these employees, contractors and affiliated organizations may be located outside of your home country; by using MAG LEV websites, you consent to the transfer of such information to them.

In the event MAG LEV undergoes a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred.  You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of MAG LEV'S assets may continue to process your Personal Information as set forth in this Privacy Policy.  If MAG LEV'S information practices change at any time in the future, MAG LEV will post the policy changes to the Site so that you may opt out of the new information practices.  We suggest that you check the Site periodically if you are concerned about how your information is used.

MAG LEV may disclose your personal information if required by law to do so or if you violate MAG LEV's Terms of Service. MAG LEV takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally­identifying and personally­identifying information.
If you provide MAG LEV with your credit card information, MAG LEV uses secure socket layer (“SSL”) technology to encrypt and protect the security of your personal information, including but not limited to your credit card number, when it is sent over the Internet. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security. We are not responsible for the functionality, privacy, or security measures of any other organization.

Here is a list of cookies that MAG LEV use. MAG LEV has listed them here so you that you can choose if you want to opt-out of cookies or not.
This website uses the Google AdWords, Google Analytics, Facebook and Youtube service to advertise on third party websites (including Google) to previous visitors to our site. It could mean that we advertise to previous visitors who have not completed a task on our site, for example using the contact form to make an enquiry. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits to the http://maglevaudio.com website. Of course, any data collected will be used in accordance with our own privacy policy and Google’s privacy policy.
Alternatively, you can opt out of a third-party vendor's use of cookies by visiting Settings pages.  By using this site, you represent that you are eligible to use this Site and services, as MAG LEV'S Terms of use require.
Certain Services may enable you to publish or share publicly with others content you have generated or obtained from other sources (“User Content”).  You retain all Intellectual property rights you already hold under applicable law in User Content you publish or share through the Products and Services, subject to the rights, licenses, and other terms of this Privacy Policy and Terms of Use, including any underlying rights of others in any User Content that you may use or modify. You grant to MAG LEV, a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), modify, display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise exploit in any manner whatsoever, all or any portion of the User Content you publish or share through Site (and derivative works thereof), solely for the purpose of providing the Products and Services to you. Each time you publish or share any User Content, you represent and warrant that you are at least the age of majority in the state in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Content you publish or share, and that, in regard to that User Content, (a) you are the sole author and owner of the Intellectual property and other rights to the User Content, or you have a lawful right to publish and share the User Content and grant MAG LEV  the right to use it as described in this Section, all without any MAG LEV obligation to obtain consent of any third party and without creating any obligation or liability of MAG LEV; (b) the User Content is accurate; (c) the User Content does not and, as to Products and Services' permitted uses and exploitation set forth in this Policy and Terms of use, will not infringe any Intellectual property or other right of any third party; and (d) the User Content will not violate this Privacy Policy and Terms of use or cause injury or harm to any person.
When information is no longer needed, we shall delete it using reasonable measures to protect the information from unauthorized access or use.
MAG LEV uses other third party service providers to offer or facilitate services on MAG LEV's behalf, such as a shipping company to fulfill orders, a credit card processing company to bill you for goods and services, and an email service provider to send out emails on MAG LEV's behalf. When you order products from MAG LEV, we will share your Personal information as necessary for such third party services providers to provide the applicable service to MAG LEV or on MAG LEV behalf. These third parties are prohibited from using your personal information for promotional purposes.
Certain content, products and services available via MAG LEV Service may include materials from third parties (»Linked Sites«).Linked Sites may direct you to third-party websites that are not affiliated with MAG LEV. MAG LEV is not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. Linked Sites  are not under the control of MAG LEV, MAG LEV provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site or any association with MAG LEV.

MAG LEV Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”).
You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
You agree to indemnify MAG LEV, our partners, officers, agents and others related to MAG LEV for any claim from third party that could arise from your use of our websites or your violation of this Privacy Policy.
You agree to indemnify, defend and hold harmless MAG LEV, our officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use our Products and Services, any user postings made by you, your violation of any terms of this Privacy Policy or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
MAG LEV reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
MAG LEV is not responsible if information made available on MAG LEV site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
MAG LEV’s services are controlled, operated and administered by MAG LEV from our offices within the EU.
If you access our services from a location outside the EU, you are responsible for compliance with all local laws. You agree that you will not use our services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
MAG LEV stores your information for as long as needed to provide you with Services. MAG LEV may store information longer, but only in a way that it cannot be tracked back to you. MAG LEV deletes the information as soon as they are not needed for providing our services.
Traffic information is erased or made anonymous when it is no longer needed for the purpose of the transmission or, in the case of payable services, up to the end of the period during which the bill may lawfully be challenged or payment pursued. Location information is stored to the extent and for the duration necessary for the provision of a value-added service. Cookies, direct marketing and provision of value-added services information (including traffic information used for these purposes) is stored as long as the same is necessary for the provision of these activities, or up to the time when a user opts out from such use in accordance with this Privacy Policy and the “Access to Personal Information” section herein. This section shall not prevent any technical storage or access to information for the sole purpose of carrying out the transmission of a communication or as strictly necessary in order for MAG LEV to provide the service you requested.

When information is no longer needed, we shall delete it using reasonable measures to protect the information from unauthorized access or use.
MAG LEV uses other third party service providers to offer or facilitate services on MAG LEV's behalf, such as a shipping company to fulfill orders, a credit card processing company to bill you for goods and services, and an email service provider to send out emails on MAG LEV's behalf. When you order products from MAG LEV, we will share your Personal information as necessary for such third party services providers to provide the applicable service to MAG LEV or on MAG LEV behalf. These third parties are prohibited from using your personal information for promotional purposes.
Certain content, products and services available via MAG LEV Service may include materials from third parties (»Linked Sites«). Linked Sites may direct you to third-party websites that are not affiliated with MAG LEV. MAG LEV is not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Linked Sites  are not under the control of MAG LEV, MAG LEV provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site or any association with MAG LEV.
MAG LEV is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
If your name, e-mail or postal address, telephone number or other personal information changes, you may update, correct or omit the relevant information by contacting MAG LEV customer service at info@maglevaudio.com.
If you prefer not to receive newsletters or other marketing e-mails from MAG LEV please let us know by clicking on the unsubscribe link within any newsletter or marketing e-mail you receive.
If you wish for your personal data to be completely removed from MAG LEV's systems, please send deletion request to the email address info@maglevaudio.com.
Please be sure to include in any e-mail your full name, e-mail address, and any message. Please note that such requests may take up to ten (10) days to become effective.

PROCESS OF ORDERING
Under the tab SHOP a user selects a product or products among the products offered. In certain cases a user can choose different options of a product or the amount of products they would like to order, then by clicking on "add to cart" continues with the purchase.
The user checks the content in the cart by clicking the "Checkout" continues with the purchase and fills the required information about the user. By clicking "Continue to payment choice" user continues with the purchase process.
The user then selects the payment method and enters the necessary information regarding the choice of payment.
By clicking on the icon "Confirm order" user complies with an order form and the order, and agrees that he is aware of the full sales - payment terms, which are referred to herein and that he was expressly warned of these conditions when purchasing. Order / contract is concluded in English language. In any case, the user receives the order confirmation by email immediately or within a few hours of the order. If the confirmation of the order is not received send an e-mail to info@maglevaudio.com.

ORDERS, DELIVERY, SHIPPING
1. Orders, Pricing and Payments.
Quotes, Validity of Orders: Our quotations are non-binding unless otherwise expressly stipulated in writing. Orders are accepted as valid and binding only when confirmed by us in writing. MAG LEV strives to communicate accurate pricing and product information but will not be held responsible for any pricing, typographical, or other errors in such communications. Your order is subject to cancellation by MAG LEV, in MAG LEV's sole discretion. Unless otherwise agreed to by MAG LEV, payment must be received by MAG LEV's prior to our acceptance of an order.
Basic Order Terms: All orders must include the following information: (i) the Products ordered and quantities, (ii) MAG LEV part number(s), (iii) prices, and (iv) delivery instructions, (collectively, “Basic Order Terms”).  All Basic Order Terms are fixed and final upon our acceptance of the order.
You are liable for any costs incurred by us if you change or cancel any order, and for all costs of collection of past due amounts (including attorneys fees). 
Our stated prices for MAG LEV products include Value Added Tax and shipping. All other export or import charges, transportation or insurance charges, customs and duty fees, personal property taxes or similar charges, are your responsibility to pay. Unless you provide us with direct payment authority or an exemption certificate valid in the jurisdiction to which MAG LEV product will be delivered, you shall pay us all taxes and governmental fees we are required to collect or pay upon sale or delivery of MAG LEV product.
2.  Delivery.
 Delivery time: Delivery times are established when MAG LEV accepts your order in writing.  We will use commercially reasonable efforts to meet your requested delivery dates, unless you are in default under these Terms or our performance is otherwise excused.  We are not liable for late or delayed delivery.  Late delivery is not a basis for your cancellation of any order.
Delivery terms: Title and risk of loss or damage to MAG LEV product passes to you when we deliver the product to the shipping carrier ("Delivery").  Unless otherwise agreed, we will deliver MAG LEV product to your shipping address. It is not possible to ship to post offices or hotels.
3. Shipping
As the purchaser of MAG LEV product, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which product is being imported. Please be aware that MAG LEV product may be inspected on arrival at port for customs purposes and we cannot guarantee that the packaging of your product will be free of signs of tampering.
We will not be responsible for wrong shipping address if we do not have the correct information and we cannot ship to post offices and hotels.
4. Default
We reserve the right by written notice of default to cancel or indefinitely suspend an accepted order and to refuse additional orders if: (i) you default in performing your obligations under these Terms, (ii) you cease business operations or enter into any bankruptcy, insolvency, receivership or like proceeding not dismissed within 30 days, or assign your assets for the benefit of creditors, or (iii) when obtaining third-party financing in connection with your MAG LEV product purchase(s) you fail to do so in a timely manner on terms satisfactory to us.
RETURNS AND REFUNDS
5. Acceptance, Inspection, Return, Refund
Your acceptance of ordered MAG LEV products is deemed to occur upon our Delivery of the MAG LEV Products to the shipping carrier.
If you cancel an accepted MAG LEV products order within 10 days prior to shipment or reject conforming MAG LEV products received under an accepted order, we will refund you 70% of purchase price.
 
1.1 Return of MAG LEV PRODUCTS
Only purchases made directly from our online store www.maglevaudio.com qualify for returns, refunds and warranty.
Please note, when returning, the whole purchase must be returned, if it includes 1 or more than 1 item. You cannot return only partial order.
Before returning or exchanging MAG LEV products, you must contact us directly to obtain an authorization number to include with your return and to obtain a Return Material Authorization ("RMA"). You must return MAG LEV products to us in their original or equivalent packaging, and you are responsible for risk of loss, as well as shipping fees back to MAG LEV.  MAG LEV products may be returned within 15 days from the date on the packing slip or invoice for a credit or a refund of the purchase price paid, less shipping and handling, and any applicable restocking fees (as further described below).  You must return product in 30 days after notification and MAG LEV will refund you in 30 days after the product has been returned. Any product returned to MAG LEV without prior authorization from MAG LEV will be considered an unauthorized return, and you will not receive credit for the product and MAG LEV will not ship the product back to you.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
To complete your return, we require a receipt or proof of purchase.
You will be responsible for paying for your own shipping costs for returning your item. Return shipping costs are non-refundable.
Please send us an email at info@maglevaudio.com for instructions on how to mail your product to us.
You shall assume all risk of loss or damage to the item while in transit.
You should always consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
1.2 Refund
 Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to the original method of payment, within a certain amount of days.
If you receive a refund, the cost of initial shipping will be deducted from your refund.
Only regular priced items may be refunded, unfortunately sale items cannot be refunded, unless they are damaged or not in working conditions.
 
WARRANTY, LIMITATION OF LIABILITY
1. Limited Warranty
Unless the limited warranty included with a MAG LEV product we warrant to you, and only to you, as applicable, (a) that our MAG LEV products are designed and manufactured to conform to our specifications and will be free from defects in material and workmanship for a period of 12 months from date of Delivery. During the warranty period, our liability and your exclusive remedy is limited, at MAG LEV’s option, to replacing, repairing, correcting, or issuing credit for any MAG LEV product subject to the warranty, which upon inspection we determine is non-conforming.
This Warranty does not apply to (w) MAG LEV products you purchase from unauthorized resellers; (x) where the instructions for use and activation of the MAG LEV Product are not complied with; (y) where the MAG LEV Product is used in contrary with instructions to use; or (z) where the MAG LEV Product is damaged as a result of abuse, accident, unauthorized modification or other causes beyond our reasonable control.
Instructions for safe and proper use are published at www.maglevaudio.com.
2. Warranty Procedures
Warranty Repair Procedure: If any MAG LEV product fails during the warranty period for reasons covered by our limited warranty and you notify us of such failure during the warranty period, we will at our option repair or replace a nonconforming MAG LEV product with new, equivalent to new, or reconditioned parts or, if either of the foregoing is commercially impractical in MAG LEV’s determination, refund the MAG LEV product purchase price you paid (excluding separate costs of shipping) upon your return of whole purchase in accordance with our MAG LEV product return procedures as referenced in »refund and return« policy.  Any repaired or replaced MAG LEV product will be warranted for a period of 30 days or the remainder of the original warranty period, whichever is longer.  We may, in our sole discretion, arrange for fulfillment of our warranty obligations through a MAG LEV's affiliate, authorized distributor or an authorized warranty service center.
Determination of Warranty Applicability:  We reserve the right to refuse warranty services if the MAG LEV product date of purchase cannot be proven, if a claim is made outside the warranty period or if a claim is excluded. Following our examination of your claim, we will notify you of warranty status and the repair cost of any out-of-warranty MAG LEV product. At such time you must issue a valid purchase order to cover cost of the non-warranted MAG LEV product repair and return freight, or authorize return shipment of the product at your expense as-is.
3. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAG LEV BE HELD LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE MAG LEV PRODUCT.
PLEASE NOTE: THE ABOVE LIMITED WARRANTY PROVISIONS WILL NOT APPLY TO MAG LEV PRODUCT YOU PURCHASE IN THOSE JURISDICTIONS IN WHICH MAG LEV PRODUCT WARRANTIES ARE THE RESPONSIBILITY OF THE LOCAL DISTRIBUTOR FROM WHOM THE MAG LEV PRODUCTS ARE ACQUIRED.  IN SUCH CASE, PLEASE CONTACT YOUR MAG LEV PRODUCT DEALER FOR APPLICABLE WARRANTY INFORMATION.
»EUTM, nr. 015613813 and US trademark app. Nr. 87291317«