Terms of Condition

Welcome to the THA-PLUG website, www.tha-plug.com owned and operated by Aurum E-Commerce GmbH d/b/a THA-PLUG (“www.tha-plug.com”). Except as otherwise noted herein, these terms and conditions (“the Terms”) govern your use of the Site. Please read these Terms carefully, because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. THA-PLUG reserves the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because by visiting the Site, you agree to accept any such changes. THA-PLUG provides you with access to and use of the Site subject to your compliance with the Terms. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages is THA-PLUG property or that of our suppliers, partners or licensees is protected by patent, trademark and/or copyright under Switzerland and/or foreign laws. Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any pages from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of THA-PLUG. We grant you a personal, limited, non-exclusive, non-transferable license to access the Site and to use the information and services contained here. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

Prohibited uses

The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Site. THA-PLUG specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:

Security rules

Violations of system or network security may result in civil or criminal liability. THA-PLUG will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

Payment

Invoicing

Shipment

International use

We control and operate the Site from Switzerland, and all information is processed within Switzerland. We do not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site.

By visiting and using our Site, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations (currently, Cuba, Iran, North Korea, Sudan and Syria) or listed on any of the United States Government’s lists of prohibited and restricted parties.

Privacy Policy

We collect and use your personal data exclusively in the Swiss data protection regulations. In the following we inform you about the type, range and purpose of the collection and use of personal data.

When you place an order, we will request certain personally identifiable information from you on our order form, including your contact information (such as name, email, and shipping address) and financial information (such as credit card number, expiration date). We use this information for billing purposes and to fulfill your orders. If we have trouble processing an order, we will use this information to contact you. We will securely collect and store all personal financial information you provide to us purposes of processing payments and completing transactions. In some cases we may securely provide this personal financial information to a third party vendor who provides us with payment processing and fulfillment services.

While making a purchase from THA-PLUG, you are given the option to create a user name and password. This user name and password functionality offers you the ability to quickly and easily proceed through the checkout process on repeat visits. As a THA-PLUG member, you will receive emails from us about products, services, offers, events and promotions, we believe may be of interest to you. Out of respect for your privacy, if you no longer wish to receive marketing communications from us, you may opt-out of receiving them as instructed in each email or text message. Be advised, however, that you may not opt-out of receiving communications from us related to technical support or customer service requests, or changes to the THA-PLUG Terms of Service or Privacy Policy.

You may change the email address to which marketing communications will be sent via the My Account section of the THA-PLUG website.

We may run contests or surveys in conjunction with affiliated websites or services. When we do so, information you provide as part of your contest entry or survey response may also be provided to the affiliated website, but such practices will always be clearly marked at the point of entry.

If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by making the change on your My Account page, by emailing our Customer Support at [email protected], or by contacting us by telephone or postal mail at the contact information listed below.

Product information

Although THA-PLUG has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and THA-PLUG cannot guarantee that the user’s monitor will accurately portray the actual colors of the products.

Returns and refunds

In order to return goods for refund or credit, please include your packing slip in the box, affix the return label (attached to the front of your packing slip) to the outside of the box, seal and take to any authorized shipper. Return postage is the responsibility of the customer unless otherwise agreed to by customer service.

Your order will be received into our facility at tha-plug.com ASN # 1403527431, 700 Indian Springs Drive, Lancaster, PA 17601 within 24 of receipt and your refund or credit will be promptly posted to your account.

PLEASE NOTE: Returns for store credit (online store only) must be received within 30 days of the order shipment date. Returns for refund to tender type (credit card, etc…) must be received within 20 days of the order shipment date.

Proprietary rights

As between you and THA-PLUG, (or any other company whose marks appear on the Site), THA-PLUG (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The THA-PLUG logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “THA-PLUG Intellectual Property”) are owned by Aurum E-Commerce GmbH and may be registered in Switzerland and internationally. You agree not to display or use the THA-PLUG Intellectual Property in any manner without THA-PLUG’s prior permission. Nothing on the Site should be construed to grant any license or right to use any THA-PLUG Intellectual Property without the prior written consent of THA-PLUG.

Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by THA-PLUG. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of Switzerland, the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.

Disclaimers and limitation of liability

THA-PLUG publishes information on its Site as a convenience to its visitors. While THA-PLUG attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The THA-PLUG products featured in the Site may not be available in your region. THA-PLUG does not claim that the information in the Site is appropriate to your jurisdiction or that the products described in its Site will be available for purchase in all jurisdictions.

You assume all responsibility and risk with respect to your use of the Site, which is provided “AS IS.” THA-PLUG Disclaims all warranties, conditions, representations and endorsements of any kind, either express or implied, with regard to information accessed from or via the site, including without limitation, all content and materials, functions and services provided on the site, which are provided without warranty of any kind, including but not limited to any warranties concerning the availability, accuracy, completeness, usefulness, or content of information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. THA-PLUG does not warrant that the site or its function or the content and materials or the services made available thereby will be timely, secure, uninterrupted or error free, or that defects will be corrected. THA-PLUG makes no warranty that the site will meet users expectations or requirements. No advice, results or information, or materials whether oral or written, obtained by yout through the site shall create any warranty not expressly made herin. if you are dissatisfied with the site, your sole remedy is to discontinue using the site. Any material downloaded or otherwise obtained through the use of the site is done
at your own descretion and risk and that you will be solely responsible for any damage that results from the download of any such material.

THA-PLUG makes no warranties of any kind regarding any non-THA-PLUG sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and THA-PLUG makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-THA-PLUG sites. THA-PLUG does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

In no event shall THA-PLUG, its affiliates or any of their respective directors, officers, employees, agents, or content or service providers be liable to you for any direct, indirect, special, incidential, consequental, exemplary or punitive damages, losses or causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from or in any way related to the use of, or the inability to use, or the performance of the site or the content and materials or functionality on or accessed through the site, including, withouht limitation, loss of revenue, or anticipated profits, or lost business, data or sales or any other type of damage, tangible or intangible or in nature, even if THA-PLUG or its representative or such individual has been advised of the possibility of such damages.

Some jurisdictions do not allow this limitation or exclusion of liability so some of the above limitations may not apply to you

Indemnity

You agree to defend, indemnify and hold THA-PLUG, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third party proprietary right.

Disputes

Any dispute relating in any way to these Terms, your visit to the Site, or to any transaction with THA-PLUG shall be submitted to confidential arbitration in Zuerich, Switzerland. However, if you have in any manner violated or threatened to violate any THA-PLUG Intellectual Property right, we may seek injunctive or other appropriate relief in any state or federal court in the canton Waadt, Switzerland. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under this agreement and these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

General information

These Terms constitute the entire agreement between you and THA-PLUG and govern your use of the Site, and they supersede any prior agreements between you and THA-PLUG. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. THA-PLUG may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in THA-PLUG’s sole discretion you fail to comply with any provision of these Terms.

You agree that no joint venture, partnership, employment, or agency relationship exists between THA-PLUG and you as a result of this Agreement or your use of the Site.

Any claim or cause of action you may have with respect to THA-PLUG or the Site must be commenced within one (1) year after the claim or cause of action arose.

The failure of THA-PLUG to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.

These Terms shall be governed by, construed and enforced in accordance with the laws of the canton Zuerich, without giving effect to any conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively by an appropriate federal sitting in Waadt Switzerland .

You may not assign the Terms or any of your rights or obligations under the Terms without THA-PLUG’s express written consent. The Terms inure to the benefit of THA-PLUG’s successors, assigns and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.

To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us please refer to our Contact Us page.

Last Updated March 10, 2016