THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SALE.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE, IF YOU (A) DO NOT AGREE TO THESE TERMS OF SALE, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH US,  (C) ARE NOT A CONSUMER (DEFINED AS ANY INDIVIDUAL ENTERING INTO THE CONTRACT FOR A PURPOSE NOT RELATED TO ITS BUSINESS, TRADE, OR SELF-EMPLOYED PROFESSIONAL ACTIVITY) , OR (D) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS SITE’S CONTENT, GOODS OR SERVICES BY APPLICABLE LAW.

These Terms of Sale (these "Sale Terms") apply to the purchase and sale of products and services through http://www.sena.com (the "Site"). These Sale Terms are subject to change by SENA Europe GmbH, Paul-Henri-Spaak-Str. 22, 51069 Cologne, Germany, registered in the commercial register: Cologne District Court HRB 89648 (referred to as "us", "we", or "our" as the context may require) without prior written notice, at any time, in our sole discretion. The latest version of these Sale Terms will be posted on this Site, and you should review these Sale Terms before purchasing any products or services that are available through this Site.

 
These Sale Terms are an integral part of our Terms of Use, which apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site.

 

1.       Order Acceptance. 

You agree that your order is an offer to buy, under these Sale Terms, all products and services listed in your order. All orders must be accepted by us; otherwise, we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion, whether or not your credit card has been charged. Without limiting the generality of the foregoing, we may cancel your order based on the limited availability of products, discontinuance of products, failed credit card transactions or inaccuracies or errors in pricing information. If your credit card has been charged and your order is canceled, you will receive a prompt refund credited to your account. After receiving your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between us will not take place unless and until you have received your order confirmation email.

2.       Instruction on Right of Cancellation. 

(a)    Right of Withdrawal: You have the right to withdraw from the order within 14 days without giving any reason. The withdrawal period will expire 14 days after the day on which you or a third party other than the carrier indicated by you acquire(s), physical possession of the product. To exercise the right of withdrawal, you must inform us (SENA Europe GmbH, Paul-Henri-Spaak-Str. 22, 51069 Cologne, Germany, telephone: +49 (0) 221 620089-50, fax: +49 221 620089-69, https://www.sena.com/en-eu/support/ticket/) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning withdrawal before the withdrawal period has expired.

(b)    Consequences of Withdrawal: If you withdraw from the order, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from the order. For such reimbursement, we will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you be charged fees for such reimbursement. We may withhold reimbursement until we have received the product back or you have supplied evidence of having sent back the product, whichever is the earlier. 

You must send back the product or hand it over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from the order to us. The deadline is met if you send back the product before the period of 14 days has expired. You should bear the direct cost of returning the product. You shall only be liable for any diminished value of the product resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the product.
- End of Instruction on Right of Cancellation -

3.       Return

(a)    You must immediately return the product. To return products, you must obtain a Return Merchandise Authorization ("RMA") number by visiting our Warranty page and submitting a return request following the instructions under the “Warranty Replacement Procedure.” No returns of any type will be accepted without an RMA number, and the product must be received at our warehouse within 30 business days of RMA issuance. All products must be packed in the original unmarked packaging, including any accessories, manuals, documentation, and registration shipped with the product.

(b)    You are responsible for all shipping and handling charges on returned products.  

(c)    Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE OR ANY MERCHANDISE THAT HAS BEEN OPENED AND USED. For any wearable products, including helmets, please try them on at an authorized SENA retailer before making your purchase and refer to the products’ sizing guide to ensure a proper fit.

4.       Prices and Payment Terms, Retention of Title to Ownership. 

(a)    All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices include statutory VAT, but do not include any other taxes (such as customs duties), or charges for shipping and handling. If you are located outside of the EU, ordering from the EU online shop, you have to handle customs in your responsibility. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

(b)    Terms of payment are within our sole discretion, and payment must be received by us before we accept an order. You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

(c)    We retain legal title to any product supplied by us until the purchase price (including VAT and shipping costs) for such product has been fully paid.

5.       Changes in Products and Pricing.

We regularly update our product offerings on the Site, and we may discontinue products at any time without notice. We will not be liable for any lack of availability of products featured on our Site. 

6.       Promotions, Disclaimers. 

We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by separate terms and conditions (“Promotional Terms”). Unless explicitly stated otherwise in such Promotional Terms: (i) all promotional or discount prices listed are pre-tax; (ii) displayed prices reflect any applicable discounts; (iii) promotional offers cannot be combined with any other sales, promotions, discounts, codes, coupons or offers (iv) promotions and discounts do not apply to taxes, shipping fees, or processing charges; and (v) promotional offers are limited to items in stock, with no rain check available. If there is any conflict between these terms and the Promotional Terms, the Promotional Terms will govern.

Promotional offers are void where prohibited, taxed, or otherwise restricted by law. Promotional offers are not valid on purchases made prior to the promotion period and will not apply to any qualifying items added to your shopping cart if they are not purchased while the promotion is in effect. Discount codes, coupons and other promotional offers have no cash value and are subject to cancellation or change at any time, for any reason, without notice. 

If you return any item purchased with a promotional discount, we will adjust your refund by deducting a proportional amount of the discount originally applied. We reserve the right to impose conditions on any promotional offer, code or coupon at our discretion.

7.       Shipments; Delivery. 

(a)     Please check the individual product page for specific delivery options. You are responsible for all shipping and handling charges specified during the ordering process. For any assistance, please visit our support page at sena.com/support/.

(b)    Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipment. Partial delivery shall be permitted.

(c)    The risk of destruction, damage or loss of the product shall pass to you upon delivery to you or your default of acceptance. 

8.       Dead on Arrival (DOA) Products. 

A product is considered DOA if it shows symptoms of hardware failure, preventing basic operability, upon its first use out of the box. If you believe that your product is DOA, please visit our support page at sena.com/support/ to contact us within 30 calendar days of delivery. Our Technical Support will determine whether the product is DOA and offer you either a replacement or a refund. Shipping will be arranged at our expense for all products determined by our Technical Support to be DOA. We reserve the right to test returned DOA products. If the condition of the product is misrepresented by the customer, we may impose an additional shipping and handling fee.

9.       LIMITED WARRANTY AND LIABILITY. 

THE LIMITED WARRANTIES APPLICABLE TO PRODUCTS PURCHASED FROM OUR SITE ARE DETAILED IN OUR WARRANTY STATEMENT FOUND AT www.sena.com/en-us/support/warranty AND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY. 

WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY. SOME COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPLACEMENT OR REFUND AS SET FORTH IN THE APPLICABLE WARRANTY STATEMENT. OUR RESPONSIBILITY FOR DEFECTIVE SERVICES IS LIMITED TO REPAIR OR RE-PERFORMANCE AS SET FORTH IN THE WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR ANY OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, RESELLERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

We exclude liability for damages, except in the following cases: claims for personal injury, death or damage to health; breach of fundamental contractual obligations (essential duties that make the contract possible); and other damages caused by our intentional misconduct or gross negligence, or that of our legal representatives or employees. Fundamental contractual obligations are those duties essential to fulfilling the purpose of the contract with you.

For breach of fundamental contractual obligations caused by ordinary negligence, our liability is limited to damages that are typical and foreseeable for this type of contract, except for claims involving personal injury, death or damage to health.

The liability limitations above also applicable to our legal representatives and employees when claims are brought directly against them.

These liability limitations do not apply if we have fraudulently concealed a defect or provided a guarantee for the quality of the goods. The same applies where we have concluded a specific agreement with you about the quality of the goods. Product liability laws remain unaffected.

10.     Goods Not for Resale or Export. 

You agree to comply with all applicable laws and regulations of the various countries and of the European Union, including all export regulations. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations.

11.     Intellectual Property Use and Ownership.

You acknowledge and agree that:

(a)    You will comply with all terms and conditions of the specific license agreement for any product or service you obtain through this Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products and services. 

(b)    You will not cause, induce or permit others' noncompliance with the terms and conditions of any of these product and service license agreements.

(c)    SENA and its licensor(s) are and will remain the sole and exclusive owners of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights, subject only to the limited license granted under the product's or service's license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site.

12.     Privacy. 

Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

13.     Force Majeure. 

A “Force Majeure Event” means an event or cause beyond our reasonable control, including, without limitation, (a) acts of God; (b) flood, fire, earthquake, epidemic, pandemic, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond our reasonable control. We shall not be liable or responsible to you or any third party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of these Sale Terms, when and to the extent such failure or delay is caused by or results from a Force Majeure Event.

14.    Governing Law and Jurisdiction.

All matters arising out of or relating to these Sale Terms are governed by and construed in accordance with the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of law provisions.

15.     Assignment.

You may not assign any of your rights or delegate any of your obligations under these Sale Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 14 shall be null and void. No assignment or delegation relieves you of any of your obligations under these Sale Terms.

16.     No Waivers.

Our failure to enforce any right or provision of these Sale Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if it is in writing and signed by a duly authorized representative of SENA.

17.      No Third-Party Beneficiaries. 

These Sale Terms do not and are not intended to confer any rights or remedies upon any person other than you.

18.      Notices.

(a)    To You. We may provide any notice to you under these Sale Terms by sending a message to the email address you provide. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

(b)    To Us. Our contact information is posted below. 

SENA Europe GmbH 
Paul-Henri-Spaak-Str. 22, 51069 Köln, Germany
Tel: +49 (0) 221 620089-50
Fax: +49 221 620089-69

19.     Severability.

If any provision of these Sale Terms is found to be invalid, illegal, void or unenforceable, then that provision shall be deemed severed from these Sale Terms and shall not affect the validity or enforceability of the remaining provisions of these Sale Terms.

20.     Entire Agreement.

Our order confirmation, these Sale Terms, our Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us regarding the matters contained in these Sale Terms.