Pronounce® Terms of Sale.
These are the Terms of Sale (“Terms”) that apply between you and POLYGLOT SA, 76 avenue de la Liberté, L-1930 Luxembourg, when you purchase Pronounce devices or accessories from POLYGLOT SA (“Device”).
Please read the Terms carefully. By ordering or purchasing a Device you are agreeing to these Terms. If you do not understand the Terms or do not accept any part of them, do not place an order or purchase a Device, or if you already have a Device, return the Device in accordance with its return policy
You agree that in order to process your order and to protect you and POLYGLOT SA from fraudulent transactions, POLYGLOT SA may provide your order information to reputable third parties to perform address verifications and make deliveries.
Ordering and Payment
When you place an order, you permit POLYGLOT SA to charge the credit card, debit card or other payment method in the total amount of your order (including any shipping and handling charges and taxes).
POLYGLOT SA reserves the right to reject your order. For example, POLYGLOT SA may reject your order if you do not live in a country where a delivery can be made or you order more than the permitted maximum number of Devices.
When your order is accepted by POLYGLOT SA, we will send you an email which will include details of your order and a second email which will include the delivery agent details, the tracking number of delivery and the serial number of the device that you should refer to if you have any follow up queries. The serial number will also be printed on your device.
You are informed that POLYGLOT SA is a company based in Luxembourg and the payment is processed in Luxembourg country. International payment, outside from the UE, may be subject to fees applied by your bank institution. We invite you to contact your bank to know more about their fees policy for international payment.
At this time, deliveries cannot be made to P.O. boxes and/or military addresses. When placing an order, please make sure to provide a valid shipping address. Also, please be sure to use caution when shipping orders to commercial locations, as POLYGLOT SA is not responsible for lost packages that have been successfully delivered.
We may not be able to deliver to all locations such as Russia or many African countries for example. POLYGLOT SA may, at its discretion, decline to ship Devices to certain addresses. If POLYGLOT SA chooses not to ship a Device, we will send you notice and you will not be charged for your order. If a charge has already been made for items that are not shipped, that charge will be reversed using your initial payment method.
If a Device cannot be successfully delivered because you have provided incorrect or incomplete delivery information, the Device will be returned to POLYGLOT SA or his representative. In that case you will not be charged for the Device (or charges already incurred will be reversed using the initial payment method), but you may be charged for shipping and handling (or such charges will not be reversed) which will be automatically estimated to 20% of the global price of your order (including taxes). If a Device is not successfully delivered for any other reason you will not be charged at all and all charges will be reversed.
If you do not receive your Device, please contact the delivery agent with your tracking number. It may take 24 hours for DHL to return any information for your tracking number.
If the delivery agent is not able to inform you about your device shipment, please contact our support department at email@example.com. Please send us by email the serial number, tracking number and a report of your contact with the delivery agent.
We have signed agreements with delivery agents. We are doing our best effort to deliver the device as within 5 businesses starting the day after payment. In case the delivery agent is not able to find the place of delivery you mentioned in your order, he will try to reach you by phone or email. It is your responsibility to answer to his demand.
Once device has been ordered, POLYGLOT SA cannot redirect shipments which you have sent to an incorrect or erroneous address. Delivery agents permit redirection in limited circumstances.
If delivery agent has unsuccessfully attempted to deliver your package, find the tracking number in your confirmation email, contact delivery agent customer support and ask that your package be held for pickup in a local shipping facility.
If you are having difficulty locating a package marked as delivered, please confirm via your tracking number details of the package delivery. After doing so, we recommend checking with housemates or co-workers to see if someone else accepted your delivery. If you are still unable to locate your package, please contact delivery agent directly for further assistance and reference the name of the signature that accepted the package.
Prices, Taxes and Duties
The Device price displayed on the site Pronounce.com does not include any shipping and handling charges. Information about shipping and handling charges are the following and will also be presented at checkout.
All shipment charges will be presented at checkout, even if they are not displayed on the product page. All prices displayed on the Pronounce website are INCOTERM DAP (Delivered At Place) and subject to change at any time without notice.
Local or customs duties can be requested by administration depending on your location. You will not be informed of the amount of the duties during the payment procedure. You agree to take in charge these duties with no possibility of being reimbursed by POLYGLOT SA.
We try very hard to make sure there are no mistakes in the prices that appear on the site. In the unlikely event that a mistake happens you agree that POLYGLOT SA will not be bound by that incorrect price. If a mistake is discovered and you have been charged yet, we will let you know the correct price and you will be given the option to continue with your order at the correct price or cancel it.
You may not order more than the maximum number of Devices that we specify from time to time. For example, the Pronounce website may contain a maximum order limit of 3 devices per person. The Device may be subject to import and export laws and regulations in specific countries. You must comply with all domestic and international import and export laws and regulations that apply to your use of the Device. These laws may include restrictions on destinations, users, and end use. You may only use the Device in accordance with the instructions that come with it, including instructions that may be available online.
Unless, you have received a written and limited specific authorization from POLYGLOT SA, itself, you may not commercially resell any Device.
Pronounce is exclusively sold for a personal use. you are not authorized to release, rent or resale the device or to make any other commercial activity with the device.
You expressly understand and agree that the Pronounce or any device presented in the Pronounce.com website are educational devices; they are not therapeutical or medical equipment and therefore you cannot expect from the use of this device therapeutical or medical improvement.
Pronounce must be used under the control of an adult.
Results, case studies and testimonials that are published on pronounce.com are honest. Nevertheless, we cannot guarantee that you will obtain the same results. Your English level, motivation and implication are key factors.
If for any reason you do not wish to keep your Device, you have up to 30 days from the date the Device is delivered to you to cancel your purchase of the Device and your contract with POLYGLOT SA. If you exercise your right of cancellation and the Device has been delivered to you, you are responsible for returning the Device as soon as possible and at your own cost. To initiate a return please contact firstname.lastname@example.org and obtain a return authorization. Upon POLYGLOT SA’s reception of the returned Device, POLYGLOT SA will issue a refund using your initial payment method minus any applicable shipping and handling and restocking fees.
You must take reasonable care of the items
During the warranty period described in the limited Product warranty part, if the Device is or becomes defective through no fault of your own, please contact email@example.com
Subject to the Device warranty, POLYGLOT SA, in its sole discretion, may offer a replacement Device or reparation. If POLYGLOT SA chooses to provide you with a replacement Device, you agree that POLYGLOT SA may exchange the defective Device with either a new or refurbished Device.
Subject to the device warranty, the defective device will be replaced within a period of 15 days shipment included after reception of the defective device.
Limited Product Warranty
This limited warranty is provided by POLYGLOT SA for the Pronounce Device and is only valid and enforceable in countries where the Device is sold through Pronounce.com website.
This limited warranty applies only to hardware components and POLYGLOT SA does not provide any warranty for damage caused by accidents, misuse (including failure to follow product documentation and plugging the device or other included parts into the wrong type of port), neglect, disassembly, alterations and external causes such as but not limited to extreme thermal or environmental conditions (including but not limited to moisture and heavy dust), unauthorized resale, transfer, lease, rental, gift, or commercial use. This limited warranty does not guarantee that used of the Device will be uninterrupted or error free.
The warranty is not applied if the serial number printed on the device is not readable for any reason imputable to the client.
Exclusive Remedy: we warrant the Device against defects in materials and workmanship under ordinary consumer use for two years from the date of original retail purchase. During this warranty period, if a defect arises in the Device, and you follow the instructions for returning the Device, we will, at our option, either (i) repair the Device using new or refurbished parts, (ii) replace the Device with a new or refurbished Device, or (iii) refund the purchase price of the Device. This limited warranty applies to any repair, replacement part or replacement Device for the remainder of the original warranty period or for ninety days, whichever is longer. All replaced parts and Devices for which a refund is given will become our property.
Please contact firstname.lastname@example.org for specific instructions about how to obtain warranty service for your Device. In order to qualify for the remedy above, you must provide your name, contact information, and the serial number of your Device. In certain situations, you may also be required to provide a purchase receipt.
The limited warranty written above is the only express warranty POLYGLOT SA provides for the device, and the above remedy is your sole remedy. to the maximum extent permitted by applicable law, POLYGLOT SA expressly disclaims all other warranties and conditions of any kind, whether statutory or implied, regarding the device, except that any implied warranties of merchantability, fitness for a particular purpose, and non-infringement are limited in duration to the two-year period of the express warranty above.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
You expressly understand and agree that, to the maximum extent permitted by applicable law, POLYGLOT SA and its subsidiaries and affiliates (collectively, “POLYGLOT SA parties”) shall not be liable to you under any theory of liability (whether contract, tort (including negligence) or otherwise) for any indirect, incidental, special, consequential or exemplary damages that may be incurred by you in connection with the device, whether or not a POLYGLOT SA party or its representatives have been advised of or should have been aware of the possibility of any such losses arising. you expressly understand and agree that, to the maximum extent permitted by applicable law, the POLYGLOT SA parties’ total liability in connection with the device or this limited warranty will not exceed the amount you actually paid POLYGLOT SA for the device.
Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
No employee or representative of POLYGLOT SA or its affiliates or any third party is authorized to make any modification, extension, or addition to this limited warranty. If any term of this limited warranty is held to be illegal or unenforceable, the remaining terms of this limited warranty will remain in full force and effect.
This limited warranty gives you specific legal rights, and you also may have other rights which vary from State to State.
Warranties; Disclaimer of Warranties
Other than the warranties referred here, to the maximum extent permitted by applicable law, POLYGLOT SA and the device manufacturers expressly disclaim all warranties and conditions of any kind, whether express or implied, regarding any devices, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
Pronounce has a 2-Year limited warranty which covers normal use by the initial user or purchaser of the product. POLYGLOT SA warrants to the initial purchaser or user that the Pronounce device will be free of defects in workmanship or material. If any failure to conform to this warranty becomes apparent during the life of the product, not including any damage caused by water, fire, excessive heat or cold, or tampering, mishandling, abuse or misuse, POLYGLOT SA shall, upon prompt written notice and return of defective products or parts, correct such non-conformity by repair or replacement. Correction in the manner provided above shall constitute a fulfilment of all liabilities of POLYGLOT SA with respect to the quality of the products. The forgoing warranty is exclusive and in lieu of all other warranties of quality, whether written, oral, or implied (including any warranties of merchantability or fitness for purpose).
You expressly understand and agree that, to the maximum extent permitted by applicable law, POLYGLOT SA and its subsidiaries and affiliates (collectively, “POLYGLOT SA parties”) will not be liable to you under any theory of liability (whether contract, tort (including negligence) or otherwise) for any indirect, incidental, special, consequential, or exemplary damages that may be incurred by you in connection with the device or these terms. you expressly understand and agree that, to the maximum extent permitted by applicable law, the POLYGLOT SA parties’ total liability in connection with the device or these terms will not exceed the amount actually paid by you to POLYGLOT SA under these terms.
Governing Law and Jurisdiction
The courts in some countries will not apply Luxembourg law to consumers in those countries, or some types of terms and disputes. If you reside in one of those countries, then where Luxembourg law is excluded from applying, your country’s laws will apply to these terms and any disputes related to them terms. Otherwise, you agree that the laws of Luxembourg, China excluding Luxembourg’s choice of law rules, will apply to these Terms and any disputes arising out of or relating to them.
Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in Luxembourg County, then your local jurisdiction and venue will apply to such disputes related to these terms. Otherwise, all claims arising out of or relating to these terms or the services will be litigated exclusively in Luxembourg jurisdiction and you and POLYGLOT SA consent to personal jurisdiction in those courts. Notwithstanding this, POLYGLOT SA reserves the right to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Changes to the Terms
The Terms in effect at the time you place an order for a Device will apply to such order and Device. POLYGLOT SA reserves the right to make changes to these Terms or the applicable Device Specific Addendum from time to time, and any such changes will take effect immediately, except those changes with respect to your rights and obligations relating to payments, pick-up or delivery, returns, product warranty, and refunds will only apply to future orders. You may view the current version of the Terms on the Pronounce website.
Events beyond Reasonable Control
Neither party will be responsible for any delay or failure to comply with these Terms if the delay or failure arises from any cause which is beyond its reasonable control.
If you do not comply with these terms, and we do not take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.