We’ve drafted these Specs Terms of Sale (which we call the “Terms”) so you’ll know the rules that govern your purchase of SPECS and accessories (“Products”) through Specs owned and operated channels, like www.specs.com (“Specs Stores”).

Please read these Terms carefully. By purchasing Products from us, you’re agreeing to be bound by these Terms. Although we have tried our best to strip the legalese from these Terms, there are places where these Terms may still read like a traditional contract. There’s a good reason for that: these Terms do indeed form a legally binding contract between you and Specs LLC or another Specs contracting entity as specified in Section 19 (Country Specific Terms) (“Specs,” “we,” or “us”).

Please also review our Privacy Policy to learn how we handle information when you access Specs Stores and purchase Products. You agree that we can collect, use, and share your information consistent with those policies. To the extent these Terms conflict with any other agreement expressly incorporated above, or any written insert included in the packaging with Products, then, unless provided otherwise under any applicable law, statute, rule or regulation (collectively, “Applicable Law”), these Terms govern, but only with respect to your purchase of a Product and not your use of a Product. Your use of any Product, including any service made available through your Product, may be subject to additional terms and policies.

You affirm that you are competent, are at least 18 years old, and are authorized to agree to and abide by these Terms.

If you purchase Products on behalf of a business or other legal entity, you affirm that you are authorized to agree to these Terms on behalf of the business or other legal entity. You agree that the terms “you” and “your,” as used throughout these Terms, apply to both you and the business or other legal entity, as applicable.

ARBITRATION NOTICE FOR US CONSUMERS: THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. IF YOU LIVE IN THE UNITED STATES, YOU AND SPECS AGREE THAT, EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE GOVERNING LAW AND DISPUTE RESOLUTION PROVISION BELOW, DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND SPECS WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS EXPLAINED IN THAT ARBITRATION CLAUSE.

IF YOU LIVE OUTSIDE THE UNITED STATES, THERE MAY BE SOME ADDITIONAL PROVISIONS THAT APPLY TO YOUR AGREEMENT WITH US. PLEASE REFER TO SECTION 19 AT THE END OF THESE TERMS FOR COUNTRY-SPECIFIC PROVISIONS. THE PROVISIONS OF THESE TERMS DO NOT AFFECT STATUTORY RIGHTS YOU MIGHT HAVE UNDER THE LAWS IN THE COUNTRY WHERE YOU LIVE.

After you submit your order to purchase Products through www.specs.com, we’ll process it and, if your order is accepted, we’ll send you an order confirmation email to the email address you provided. That email will include an estimated shipping date. We may need to carry out verifications before accepting your order. If you have any questions or notice an error in an order you’ve submitted, please contact us at support@specs.com. All orders are subject to availability of stock. We only ship Products to valid delivery addresses within your country. Available Products may vary depending on your region.

a.              Shipping Information. You’ll need to provide us with your shipping address when you submit your order. You agree that all information you provide in connection with your order is accurate, current, and complete. We’re not responsible for any errors in the information you submit as part of your order (including shipping information), and we are not obliged to determine if what you’ve submitted is not correct. Please carefully review your order information before you submit it and notify us of any errors as soon as possible.

b.              Shipping Dates. Estimated shipping dates are not guaranteed, and the actual shipping date will depend on a variety of factors.

c.              Unsuccessful deliveries. If a Product cannot be successfully delivered to you (including refused deliveries or uncollected packages), we reserve the right to cancel your order and your original payment method will then be credited with the amount we collected from you for the item. However, we may first attempt to contact you using the contact details you provided with your order or try delivery another time before cancelling your order.

a.              Payment Method. You will be required to provide us or our third-party payment processor with a valid payment method and associated payment information that you are authorized to use. By submitting that information to us or our third-party payment processor, you authorize us or the payment processor (as applicable) to charge your card or other payment method when you submit your order for the total order amount, along with any shipping and handling charges, Taxes, and fees, as stated at checkout, whether online or in-store (“Purchase Amount”). You agree that you will not use any payment card or other payment method for an order unless you have all necessary legal authorization to do so.

b.              Costs, Fees, and Taxes. Please confirm that all details of your purchase are correct before submitting your order. When you submit your order, you agree to pay us the Purchase Amount. Failure to pay us the Purchase Amount will result in cancellation of your order. If your payment method is invalid, declined or otherwise not acceptable, your order may be suspended or cancelled. You agree to pay all applicable sales taxes, use taxes, excise taxes, value-added taxes (“VAT”), goods and services taxes (“GST”), or similar taxes, import duties, custom fees, and other taxes, duties, levies, or governmental charges (“Taxes”), fees and charges incurred in connection with your purchase at the rates in effect when the charges were incurred. For example, if you purchase with a payment card issued through a bank based outside the territory where you make your purchase, your bank may charge you foreign transaction fees and other similar fees. Your payment will be processed on the date of purchase, which, for purchases through the online Specs Store, will be before the Products are sent for delivery, even if you designate delivery to be at a future date. You authorize us or our third-party payment processor to store your payment card information to charge your payment method and handle refunds in connection with your order. If we don’t receive payment from your payment card or other payment method issuer or their agents, you remain obliged and agree to pay all amounts due upon request from us or our agents.

c.              Account Codes/Credits. At our discretion, we may on occasion provide a discount code or credit to be used in connection with your purchase of Products in an amount determined by us, which may be subject to additional terms and restrictions that we will provide to you. You agree that any codes and credits: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service or otherwise); (d) may be disabled or have additional conditions applied to them by us at any time for any reason; (e) may only be used pursuant to the specific terms established by us; (f) are not valid for cash or other credits or points; and (g) may expire prior to your use.

d.              Other Payment Terms. Your agreement with your payment card issuer governs your use of your designated card to make a purchase hereunder, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. If you elect to pay through a third-party provider made available on the checkout page, then your purchase is also subject to the third-party provider’s terms and conditions. You may be responsible for paying unauthorized amounts billed to your payment method by a third party.

We may offer an option to pre-order some Products before their availability date. If you submit a pre-order through the Specs Store, this provision applies to you. At the time you submit your pre-order, you will be quoted a purchase price for the Product and pay a pre-order payment, not the full purchase price. We may also provide an estimated date pre-ordered Products will be ready to ship, but the actual shipping date will depend on a variety of factors. We will send you an email acknowledging your pre-order, but that email is not an order confirmation. When your pre-ordered Product is ready for shipment, we will then send you an email that details the actual purchase price for the Product (including applicable shipping costs and Taxes) and describes the process for you to confirm your order and pay the Purchase Amount (minus your initial pre-order payment). After you confirm your order, we’ll send you an order confirmation email if your order is accepted. If you do not confirm your order within a reasonable time (or any extended period stated in our communications to you), your order will be cancelled and your original payment method will be credited for the pre-order payment amount. Please make sure to check your emails. We are not responsible for any failure or delay in receiving your response. You can cancel your pre-order at any time prior to confirming your order and, if you do so, your original payment method will be credited for the pre-order payment amount. To exercise this right, you must contact Specs Support at support@specs.com or returns.specs.com/portal and provide your pre-order number.

We may in our sole discretion change Product prices prospectively without notice. While we do our best to describe Products as accurately as possible, if any pricing or specification error occurs, we have the right to refuse or cancel your order at our sole discretion at any time prior to order confirmation (or later if the error is obvious). Please note that we don’t provide price protection or refunds in the event of a price drop, discount, or other promotional offering which would reduce the cost of the order you have already placed.

If you purchase your Products from a Specs Store, your Products may be covered by our Limited Warranty, which is incorporated by reference into these Terms. All claims under our Limited Warranty must follow the procedures set forth in the Limited Warranty.

If you’re an individual consumer (not a business), risk of loss of or damage to the Products you order from us transfers to you when you, or a third party designated by you (other than the carrier), take physical possession of the Products. If your Products arrive damaged or defective, please refer to our Return Policy and Limited Warranty, and contact us at support@specs.com.

For information about processing a return for Products you purchased from us, please see our Return Policy. You must comply with our Return Policy if you want to return Products.

You may cancel your order at any time prior to order confirmation for a full refund of the purchase price. To exercise this right, you must contact Specs Support at support@specs.com or returns.specs.com/portal and provide your order number. Once your Product order has been confirmed, you may still have a right to return the Product for a refund – please see our Return Policy for more information.

We reserve the right to decline or cancel your order at our sole discretion at any time before we accept it and send you an order confirmation email, or at any time before shipment for specific reasons. Without limiting the foregoing, we may decline or cancel your order for reasons such as product unavailability, pricing errors, if you are located in an area where we can’t or don’t offer delivery, or if we suspect the purchase is for resale or other commercial purposes. If we decline or cancel your order, we’ll notify you at the email address you submitted with your order and, if we have already received payment from you for the canceled order, we will refund the amount we collected from you for the declined or cancelled order.

Purchasing Products for resale is strictly prohibited. If we suspect you are doing so, we reserve the right to refuse or cancel your order.

EXCEPT FOR ANY LIMITED WARRANTY OFFERED BY SPECS THAT MAY APPLY, NEITHER SPECS, SPECS’ AFFILIATES, NOR THEIR RESPECTIVE LICENSORS (COLLECTIVELY, “SPECS PARTIES”), MAKE ANY WARRANTY, REPRESENTATION, OR CONDITION, EXPRESS OR IMPLIED, WITH RESPECT TO PRODUCTS AND EXPRESSLY DISCLAIM TO THE EXTENT PERMITTED BY APPLICABLE LAW THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SPECS PARTIES ASSUME NO LIABILITY FOR ANY LOSS OF PROFITS OR REVENUES, LOSS OF DATA, LOSS OF USE OF PRODUCTS OR ANY ASSOCIATED EQUIPMENT, COST OF ANY REPLACEMENT GOODS OR SUBSTITUTE EQUIPMENT, OR LOSS OF USE DURING THE PERIOD YOUR PRODUCTS ARE BEING REPLACED OR REPAIRED, OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, MULTIPLE, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN THE EVENT OF A PRODUCT REPLACEMENT, THE SPECS PARTIES ARE NOT LIABLE FOR ANY ASSOCIATED DATA LOSS OR CONSEQUENTIAL DAMAGES OF ANY KIND.

FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SPECS PARTIES ASSUME NO LIABILITY FOR ANY ACCIDENT, INJURY, DEATH, LOSS, OR OTHER CLAIM RELATED TO OR RESULTING FROM THE MISUSE OF PRODUCTS. WE SPECIFICALLY ADVISE YOU AGAINST USING PRODUCTS IN A MANNER INCONSISTENT WITH THESE TERMS, OUR SAFETY WARNINGS, AND ANY OTHER ACCOMPANYING DOCUMENTATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SPECS PARTIES’ AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE GREATER OF (I) THE PRODUCT PURCHASE PRICE ACTUALLY PAID BY YOU IF YOU BOUGHT YOUR PRODUCT FROM A SPECS STORE OR (II) $100 USD.

The laws of certain states, provinces and countries do not allow limitations on implied warranties or the exclusion or limitation of certain damages, so, if these laws apply to you, some or all of the above limitations or exclusions may not apply to you and you may have additional rights.

a.              If you live in the United States, the following terms apply:

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND SPECS AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. This Arbitration Agreement supersedes all prior versions.

           i.Arbitration, Class-Action Waiver, and Jury Waiver.

1. Applicability of Arbitration Agreement. In this Section 13(a)(i) (the “Arbitration Agreement”), you and Specs, including Specs’ officers, directors, employees, contractors and vendors, agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or their subject matter or any communications between you and Specs that are not brought in small claims court will be resolved by binding arbitration on an individual basis, except that you and Specs are not required to arbitrate any: (i) disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is an individual dispute and not a class action, (ii) disputes or claims where the only relief sought is injunctive relief, and (iii) disputes in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, patents or other intellectual property rights. To be clear: the phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these Terms. In addition, all disputes concerning the arbitrability of a claim (including disputes about the scope, applicability, enforceability, revocability, or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below. This provision shall be binding upon and enforceable against you, your estate, heirs, executors, administrators, successors and assigns, including any party who is deceased at the time the dispute arises.

2. Informal Dispute Resolution First. We want to address any disputes without needing arbitration. If you have a dispute with Specs that is subject to arbitration, then prior to initiating arbitration, you agree to mail an individualized request (“Pre-Arbitration Demand”) to Specs LLC, ATTN: Litigation Department, 3000 31st Street, Santa Monica, CA 90405 so that we can work together to resolve the dispute. A Pre-Arbitration Demand is valid only if it pertains to, and is on behalf of, a single individual. A Pre-Arbitration Demand brought on behalf of multiple individuals is invalid as to all. The Pre-Arbitration Demand must include: (i) your name, (ii) your name, telephone number, email address and mailing address or the name, telephone number, mailing address and email address of your counsel, if any, (iii) a description of your dispute, and (iv) your signature. Likewise, if Specs has a dispute with you, Specs will send an email or text message with its individualized Pre-Arbitration Demand, including the requirements listed above, to the email address or phone number associated with your order or that we otherwise have on file for you. If the dispute is not resolved within sixty (60) days of the date that you or Specs send your Pre-Arbitration Demand, arbitration may then be filed. You agree that compliance with this subsection is a condition precedent to commencing arbitration, and that the arbitrator shall dismiss any arbitration filed without fully and completely complying with these informal dispute resolution procedures. Notwithstanding any other provision of this Agreement, the Arbitration Agreement or ADR Services’ Rules, the party against whom an arbitration has been filed has the right to seek a judicial declaration in court regarding whether the arbitration should be dismissed for failure to comply with the informal dispute resolution process set forth in this subsection.

3. Arbitration Rules. The Federal Arbitration Act, including its procedural provisions, governs the interpretation and enforcement of this dispute-resolution provision, and not state law. If, after completing the informal dispute resolution process described above, you or Specs wish to initiate arbitration, the arbitration will be conducted by ADR Services, Inc. (“ADR Services”) (https://www.adrservices.com/). If ADR Services is not available to arbitrate, the arbitration will be conducted by National Arbitration and Mediation (“NAM) (https://www.namadr.com/). The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. The arbitrator may issue orders (including subpoenas to third parties, to the extent permitted by law) allowing the parties to conduct discovery sufficient to allow each party to prepare that party's claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

4. Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.

5. Fees. If Specs is the party initiating an arbitration against you, Specs will pay all costs associated with the arbitration, including the entire filing fee. If you are the party initiating an arbitration against Specs, you will be responsible for the nonrefundable Initial Filing Fee. If, however, the amount of the Initial Filing Fee is more than you would have to pay to file a Complaint in the United States District Court for the Central District of California (or, for cases where that court would lack original jurisdiction, the California Superior Court, County of Los Angeles), Specs will pay the difference between the Initial Filing Fee and the amount you would have to pay to file a Complaint in Court. Specs will pay both parties’ Administrative Fee. Otherwise, ADR Services sets forth fees for its services, which are available at https://www.adrservices.com/rate-fee-schedule/.

6. Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Specs. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Specs.

7. Settlement Offers and Offers of Judgement. At least ten (10) calendar days before the date set for the arbitration hearing, you or Specs may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within thirty (30) calendar days after it is made, whichever is first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitral forum) from the time of the offer.

8. Waiver of Jury Trial. YOU AND SPECS WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Specs are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Specs over whether to vacate or enforce an arbitration award, YOU AND SPECS WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

9. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. This subsection does not prevent you or Specs from participating in a class-wide settlement of claims. Notwithstanding any other provision of this Agreement, the Arbitration Agreement or ADR Services’ Rules, disputes regarding the interpretation, applicability, or enforceability of this waiver may be resolved only by a court and not by an arbitrator. IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. IN SUCH CIRCUMSTANCES, ANY PUTATIVE CLASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED OR REPRESENTATIVE ACTION THAT IS PERMITTED TO PROCEED MUST BE BROUGHT IN A COURT OF PROPER JURISDICTION AND NOT IN ARBITRATION.

10.  Right to Waive. Any rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Arbitration Agreement.

11.  Opt-out. You may opt out of this Arbitration Agreement. If you do so, neither you nor Specs can force the other to arbitrate. To opt out, you must notify Specs in writing no later than 30 days after first becoming subject to this Arbitration Agreement; otherwise you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions. Your notice must include your name and address and the email address you used in connection with your Product order (if applicable), and an unequivocal statement that you want to opt out of this Arbitration Agreement. You must either mail your opt-out notice to this address: Specs LLC, Attn: Arbitration Opt-out, 3000 31st Street, Santa Monica, CA 90405, or email the opt-out notice to arbitration-opt-out@specs.com.

12.  Small Claims Court. Notwithstanding the foregoing, either you or Specs may bring an individual action in small claims court.

13.  Arbitration Agreement Survival. This Arbitration Agreement will survive the termination of your relationship with Specs.

          ii.Exclusive Venue. To the extent that these Terms allow you or Specs to initiate litigation in a court, both you and Specs agree that, except for a claim that may be brought in small claims court, all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or their subject matter will be litigated exclusively in the United States District Court for the Central District of California. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Superior Court of California, County of Los Angeles. You and Specs consent to the personal jurisdiction of both courts.

         iii.Choice of Law. Except to the extent they are preempted by U.S. federal law, the laws of California, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.

b.              If you live outside the United States, the following terms apply:

           i.Informal Dispute Resolution. If you have a concern, let’s talk. Go ahead and contact us first and we’ll do our best to resolve the issue.

          ii.Exclusive Venue. To the extent that these Terms allow you or Specs to initiate litigation in a court, both you and Specs agree that all claims and disputes (whether contractual or otherwise), arising out of or relating to the Terms or their subject matter will be litigated exclusively in the courts of England in the United Kingdom, unless this is prohibited by the laws of the country where you reside. You and Specs consent to the exclusive jurisdiction of those courts.

         iii.Choice of Law. The laws of England and Wales govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter. The courts in some countries may not apply the laws of England and Wales to some disputes related to these Terms. If you reside in one of those countries, the laws of your home country may apply to those disputes.

We may send you emails about your order, including about status, payment processing, refunds, and any changes, updates, or cancellations to your order. We may also send you emails about Products and, unless prohibited by Applicable Law, our other related products and services. By submitting your order or making a purchase through a Specs Store, you consent to receive the email communications described in these Terms from us and our affiliates unless prohibited by Applicable Law. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that they be in writing.

We welcome comments, questions, concerns, or suggestions by reaching out to us at 3000 31st Street, Santa Monica, California 90405, U.S.A. or feedback@specs.com.

We always love to hear from you. But if you provide feedback, input, suggestions, proposed modifications, ideas, or improvements (collectively, “Feedback”), just know that by doing so, you grant Specs an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use your Feedback without compensating you for such use.

We will not be responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any force majeure event or any cause which is beyond our reasonable control.

We may revise these Terms from time to time. You can determine when these Terms were last revised by referring to the “Effective” date at the top of these Terms.  However, the revised Terms will not apply to sales that were completed prior to the date the revised Terms were posted.

a.              These Terms do not create or confer any third-party beneficiary rights.

b.              No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

c.              We reserve all rights not expressly granted to you.

d.              If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be deemed severable from these Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms.

e.              To the extent permitted by law, you waive any applicable statutory or common-law right that may permit a contract to be construed against its drafter.

f.               We may assign our rights and obligations under these Terms, in whole or in part, to any party at any time without notice, provided that party upholds these Terms and the assignment or transfer does not materially reduce your rights and protections under these Terms and the Limited Warranty. These Terms may not be assigned by you, and you may not delegate your duties under it, without our prior written consent.

g.              The United Nations Convention on the International Sale of Goods does not apply to these Terms.

h.              As used in these Terms, “including” means including without limitation.

If you live in any of the countries listed below when you purchase Products from us, the additional terms listed for that country below apply to you. In the event of an inconsistency between the provisions in this section and any other provisions in these Terms, the provisions in this section will apply to the extent of the inconsistency.

a. Europe.
i. Faulty Products

If you're an individual consumer (not a business), there may be implied warranties under Applicable Law that the Products will be of satisfactory quality, fit for purpose, meet any description we give to you and match any sample we may have provided to you.

If the Products are faulty or not as described, please refer to our Return Policy and Limited Warranty. Our Return Policy and Limited Warranty are in addition to and do not affect your legal rights in your country, which may include a right for the Product to be repaired or replaced free of charge, a right to reject the Products and receive a full refund and/or a right to a price reduction or full refund where the Products cannot be repaired or replaced after one or more attempts. In some countries, you only have these rights for a limited time.
ii. Importer of Record
Specs B.V. is the importer of record for Products shipped to destinations within Europe.

b. France.
If you reside in France, the following additional terms apply to you (in addition to the Europe terms above):

Under French law, where you are an individual consumer (not a business), you benefit from the legal guarantee of conformity and the guarantee against hidden defects, irrespective of any commercial warranty that may be offered.

In the case of a claim under the legal guarantee of conformity:

(i) any claim must be raised within two years after delivery of the Product;

(ii) you are entitled to choose between repair and replacement of the Product, subject to the cost conditions set out in Article L. 217-9 of the Consumer Code;

(iii) you are not required to provide evidence of the lack of conformity for up to 24 months after the delivery date.

The legal guarantee of conformity applies independently of any commercial warranty which may be granted. The disclaimers and limitations of liability set out in these Terms do not limit or exclude your rights under these legal guarantees, nor do they limit or exclude our liability for bodily injury.

You may also invoke the guarantee against hidden defects in accordance with Article 1641 of the French Civil Code, in which case you may choose between the cancellation of the sale or a reduction in the sale price.

For more information about your rights as an individual consumer, please refer to Articles L. 217-3 to L. 217-14 of the French Consumer Code and Articles 1641 to 1649 of the French Civil Code.

Pursuant to Articles L.611-1 et seq. of the French Consumer Code, you are entitled to resort to consumer mediation to resolve any dispute arising between us. You may have free recourse to the mediation service Centre de Médiation et d’Arbitrage de Paris (CMAP), CMAP – Service Médiation de la consommation, 39 avenue Franklin D. Roosevelt – 75008 PARIS, www.mediateur-conso.cmap.fr. You may also choose any of the mediators listed at https://www.economie.gouv.fr/mediation-conso/saisir-mediateur.

c. United Kingdom. If you reside in the United Kingdom, the Europe terms above apply to you, and your relationship under these Terms is with Specs Inc. (address: 3000 31st Street, Santa Monica, CA 90405, United States) and all references in these terms to Specs will mean Specs Inc.