PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A BINDING ARBITRATION CLAUSE.
NOTE: These U.S. and International Terms and Conditions of Sale apply to direct purchases made from TobiiDynavox AB, TobiiDynavox LLC and TobiiDynavox Ltd by phone, the Internet, or fax.
Tobii Dynavox is a business unit within Tobii AB and Tobii Dynavox AB, Tobii Dynavox LLC and Tobii Dynavox Ltd. are Tobii AB subsidiaries who do business as Tobii Dynavox. Tobii Dynavox AB, Tobii Dynavox Ltd. and Tobii Dynavox LLC will hereinafter be referred to as “TOBII DYNAVOX”. These terms and conditions (“Agreement”) apply to your purchase of products and/or services and support (“Product”) sold in the United States and internationally by TOBII DYNAVOX, including its affiliates or subsidiaries. By placing an order of the Product, you accept and are bound to the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you must notify TOBII DYNAVOX and return your purchase pursuant to TOBII DYNAVOX’s Return Policy.
THIS AGREEMENT SHALL APPLY UNLESS (I) YOU HAVE A SEPARATE PURCHASE AGREEMENT WITH TOBII DYNAVOX, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) OTHER TOBII DYNAVOX TERMS AND CONDITIONS APPLY TO THE TRANSACTION. PLEASECHECK THECOUNTRY-SPECIFIC TOBII DYNAVOX SITE, IF ANY.
NOTE: It is notyetpossible to place online orders directly via www.tobiidynavox.com, buton www.tobiidynavox.com/en-US,www.tobiidynavox.com/en-GB andwww.tobiidynavox.com/sv, orders can be placed to the respective country.
This Agreement may NOT be altered, supplemented, or amendedby the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and TOBII DYNAVOX. If you do not receive an invoice or acknowledgement in the mail, via email, or with your Product, information about your purchase may be obtained by contacting Customer Support for your area at:
Payment Terms, Orders, Quotes and Interest
Terms of payment are within TOBII DYNAVOX’s sole discretion, and unless otherwise agreed to by TOBII DYNAVOX, payment must be received by TOBII DYNAVOX prior to TOBII DYNAVOX’s acceptance of an order.
By placing an order, you agree to be liable for the payment of the Product and to take delivery of the Product in accordance with these Terms.
Accepted payment methods are payments made by credit card (Visa, MasterCard,andin the US and Canada,American Express) or some other prearranged payment method agreed to by TOBII DYNAVOX (if existing, shown in the check-out process). Invoices are due within 30 days of the date of invoice. TOBII DYNAVOX may invoice parts of an order separately. Your order is subject to cancellation by TOBII DYNAVOX, at TOBII DYNAVOX’s sole discretion, and your payment will be refunded to you.
Unless you and TOBII DYNAVOX have agreed to a different discount, TOBII DYNAVOX’s standard pricing policy for TOBII DYNAVOX -branded products,which include both hardware and services in one discounted price,allocates the discount off list price applicable to the service portion of the system to be equal to the overall calculated percentage discount off list price on the entire system.
TOBII DYNAVOX is not responsible for pricing, typographical, or other errors in any offer by TOBII DYNAVOX and reserves the right to cancel any orders resulting from such errors.
When buying a Product that is not available for distribution or in stock orison back order, payment is completed at the time of pre-order. For cancellations, see Cancellation.
You must be at least 18 years old to place an orderon this website.
By placing an order, you make an offer to us to purchase the Product on the Terms. Once we receive your order, we will provide you with an emailconfirmation that your order has been received. Once we have processed your order and prepared it for shipping, we will send you another email stating that we have accepted your order, which will include the shipment details (“Order Acceptance Email”). Because we want to make sure that we have your Product available, we will not accept your order until we have prepared the Product for shipping. For items that are not in stock, you will receive the Order Acceptance Email when the Product becomes available and has been prepared for shipping. TOBII DYNAVOX may, in its sole discretion, refuse or cancel any order and limit order quantity with a full refund of the amount paid to TOBII DYNAVOX for the portion of the order that is refused or cancelled. We may also require additional information prior to accepting or processing any order. Where payment is subject to validation and/or authorization by a card issuer or bank or to credit validation, any order acceptance is subject to such validation or authorization.
NOTE: Online orders placed onwww.tobiidynavox.com/en-US will only be accepted for billing addresses located in the US and will only be shipped to shipping addresses located in the US.
Online orders placed onwww.tobiidynavox.com/en-GB will only be accepted for billing addresses located in the United Kingdom (England, Northern Ireland, Scotland, Wales) and will only be shipped to shipping addresses located in the United Kingdom (England, Northern Ireland, Scotland, Sweden, Wales).
Online orders placed onwww.tobiidynavox.com/sv will only be accepted for billing addresses located in Sweden and will only be shipped to shipping addresses located in Sweden.
Online orders placed onwww.tobiidynavox.com/fr will only be accepted for billing addresses located inFrance and will only be shipped to shipping addresses located inFrance.
For customers in any other country: It is notyetpossible to make direct purchase onwww.tobiidynavox.com.To purchase one of our devices or accessories, please contact
Prices and Sales tax
Prices on this website are in EURO (€).FrenchVAT (20%) is charged to all customers. All prices listed on this website are inclusive of VAT and exclusive of shipping costs on the product page. Total price will be displayed per order in the cart and during the check-out process.
Shipping Charges, Delivery, Taxes, Title and Risk of Loss
Changed or Discontinued Product
TOBII DYNAVOX’s policy is one of ongoing update and revision. TOBII DYNAVOX may revise and/or discontinue the Product at any time without notice to you and this may affect information saved in your online “cart.” TOBII DYNAVOX will ship a Product that has the functionality and performance of the Product ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. Parts used in repairing or servicing a Product may be new, equivalent-to-new, or reconditioned.
All software is provided subject to a license agreement and you agree that you will be bound by such license agreement in addition to these terms. TOBII DYNAVOX reserves the right to distribute anysoftware via download from this website or any other service chosen by TOBII DYNAVOX. This may require you to install specific update software.
Please note that when downloading additional software fromany other website (e.g., Apple App Store (iTunes) or any other TOBII DYNAVOX website), additional terms apply.
Devices including eye tracking are measurement devices and performance can vary basedon, e.g., an individual’s eye color, facial physiognomy, glasses, contact lenses or on surrounding light conditions. Any specifications of Product functionality, written or otherwise presented, relate to performance over the world population and an individual can experience both higher and lower performance.
All specifications of the Product, including illustrations, drawings, instructions, dimensions, performance data and other information published on this website or otherwise made available by us are intended to giveonlya general illustration of the Productand its features. They do not constitute a warranty or representation by us that the Product will conform to the same.
Service and Support
Service offerings may vary. In addition to these terms and conditions, TOBII DYNAVOX and/or your third-party service provider may provide service and support for selected products. TOBII DYNAVOX has no obligation to provide service or support until TOBII DYNAVOX has received full payment for the Product or service/support contract you have purchased. TOBII DYNAVOX is not obligated to provide third-party branded service or support, or service or support for any products or services that you purchased through a third-party and not TOBII DYNAVOX.
Important Information: It is your responsibility to back up all existing data, software, and programs before receiving services or support (including telephone support). TOBII DYNAVOX and/or your third-party service provider will have no liability for loss or recovery of data, programs or loss of use of system(s) arising out of the services or support or any act or omission, including negligence, by TOBII DYNAVOX or your third-party service provider.
TOBII DYNAVOX and/or your third-party service provider is not permitted by law to copy pirated or copyrighted materials or to copy or handle illegal data. Prior to TOBII DYNAVOX and/or your third-party service provider providing service or support, you represent that your system(s) does not contain illegal files or data. You also represent that you own the copyright or have a license to make copies to all files on your system and do not have any data that would cause TOBII DYNAVOX or your third-party service provider to be liable for copyright infringement if such data was copied by TOBII DYNAVOX and/or your third-party service provider.
Parts used in repairing or servicing Product(s) may be new, equivalent-to-new or reconditioned.
A manufacturer’s warranty applies to your Product(s) (availablehere). Please makesure toreadthe termscarefully.
Return and Exchanges
TOBII DYNAVOX’s Return Policy can be foundhere andby purchasing the Product(s)you agree to those terms. The termsinclude allinformation about our“30 Day Money Back Guarantee”.
You must return the Product to us in its original or equivalent packaging together with your RMA, following the instructions provided by TOBII DYNAVOX via email.
We will cover the return shipping costsother thancustoms costs and any other costs above postage,provided thatyou follow all instructions in our “30 Day Money Back Guarantee” and other restrictions as described in ourReturn Policy. Additional fees may apply.
If you fail tofulfill our Return Policy (availablehere) or other policies provided by TOBII DYNAVOX, TOBII DYNAVOX is not responsible for a Product that is lost, damaged, modified or otherwise processed for disposal or resale. At TOBII DYNAVOX’s discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing.
TOBII DYNAVOX is only responsible for original defects (and not defects that occur due to wear and tear) and requires that a complaintbemade to TOBII DYNAVOX immediately after you discover or should have discovered the defect and in any event not later than 10 days from the delivery.
Prior to returning a Product, a complaint must be made by
Note: Obtaining an RMA number does not mean that the complaint is approved. Products returned without an RMA number will not be serviced. The Product must be returned to TOBII DYNAVOX with the original receipt and original or equivalent packaging, documentation and any accessories, together with a detailed description of the defect. If any document or information is missing, TOBII DYNAVOX will notaccept the Product.
When TOBII DYNAVOX has received the returned Product, and provided that the complaint has been approved, TOBII DYNAVOX will, at its discretion, repair, replace or refund you what you have paid TOBII DYNAVOX for the Product (including original shipping costsother thanany costs for express delivery). Please note that TOBII DYNAVOX will not reimburse you for any tax, import duty and/or other official charges associated with importing the Product. Certain countries permit refunds of customs duties paid on products you subsequently return. Please contact your local authority for further information.
If you are a Consumer (a natural person who places an order for purposes which are outside your trade, business, craft or profession), please be informed that it is our responsibility to provide you with a Product that meets your Consumer rights and the above is in addition to and will not limit any rights you may have under applicable mandatory law.
For citizens outside Canada and the USA, please note: The Product must be returned to TOBII DYNAVOX by using the shipping label provided by TOBII DYNAVOX. If the return shipping is not processed by using our return shipping label and the shipping company chosen by us, TOBII DYNAVOX will not collect the Product.
Right of Use
Youare allowed to use the Products you buy from this website solely for private, recreational use. The Product is not intended for and you shall not use the Product for any other commercial or personal purposes, such as for example the study of human behavior or other forms of analytical use. The Product is not faulttolerant, and is accordingly not designed or intended for use(1)where failure or fault of any kind could lead to death or serious bodily injury of any person, or to severe physical or environmentaldamage (“High Risk Use”). The Product may only be used in situations that do not involve High Risk Use. High RiskUse includes, for example, aircraft navigation and control of other modes of human mass transportation, military applications and control of nuclear or chemical facilities, as well as medical, surgical, or other use intended to support or sustain life.
You may not import or export, directly or indirectly, the Product in violation of any applicable export and import laws or use it for any purpose prohibited by such laws.
You shall not disassemble, decompile, or otherwise attempt to derive source code, techniques, processes, algorithms, know-how or other information or in any other way reverse engineer any parts of the Product by any means or take any other steps in order to derive design information regarding the Product, nor permit, induce or assist any of the foregoing, except to the extent such prohibition cannot be enforced under mandatory applicable law, and in such case subject to that you shall provide TOBII DYNAVOX with detailed information regarding any such activity.
Not for Resale or Export
You agree to comply with all applicable laws and regulations
You agree and represent that you are buying for personal use only, and not for resale or export. TOBII DYNAVOX operating companies and resellers comply with TOBII DYNAVOX's sales policy (available here).
We reserve the right to refuse or cancel your order if we have reasonable grounds to believe that the Product is being purchased by you in violation with any laws or these termsandconditions.
Limitation of Liability
TOBII DYNAVOX DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, TOBII DYNAVOX WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, TOBII DYNAVOX IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
Governing Law and Dispute Resolution
If youpurchase the Product in a country or territory listed below, as determined by reference to the address on your order, this table identifies the law that governs this Agreement (notwithstanding any conflict of laws provision) and the specific courtsor arbitral bodiesthat have exclusive jurisdiction over any claim arising under this Agreement.
|Country or Territory||Governing Law||Jurisdiction and Venue|
United States, Latin America or the Caribbean
American Arbitration Association, in accordance with its rules; Allegheny County, PA
Province of Ontario, Canada
International Court of Arbitration of the International Chamber of Commerce, in accordance with its rules,Toronto
People’s Republic of China
People’s Republic of China
Hong Kong InternationalArbitration Centre
Europe (excluding Nordic Region and France), Middle East, Africa,Asia or Oceania
Laws of England
London Court of Arbitration, in accordance with its rules
Laws of France
International Court of Arbitration of theInternational Chamber of Commerce, in accordance with itsrules, Paris
Nordic Region (Sweden, Norway), Denmark, Finland and Iceland
Laws of Sweden
All other countries orterritories
American Arbitration Association, in accordance with its rules; Allegheny County, PA
If you are a Consumer(a natural person who places an order for purposes which are outside your trade, business, craft or profession), this paragraph shall not limit any rights you may have under applicable mandatory law.
The arbitration will be limited solely to the dispute or controversy between customer and TOBII DYNAVOX. Neither customer nor TOBII DYNAVOX shall be entitled to join or consolidate claims by or against othercustomers, or arbitrate any claim as a representative or class action or in a private attorney general capacity. The individual (non-class) nature of this dispute provision goes to the essence of the parties’ arbitration agreement, and if found unenforceable, the entire arbitration provision shall not be enforced. Any award of the arbitrator(s) shall be final and binding on each of theparties, and may be entered as a judgment in any court of competent jurisdiction. TOBII DYNAVOX will not be responsible for paying any individual customer arbitration fees. If any customer prevails on any claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for fees, thearbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Otherwise, each party shall pay for its own costs and attorneys’ fees, if any.
If you are a Consumer (a natural person who places an order for purposes which are outside your trade, business, craft or profession) within the EU, you have the right to refer a dispute to the Swedish National Board for Consumer Disputes. However, the Board’s recommendations are unbinding.
Although westrive to keep all information on this website updated at all times, typos do happen. We reserve the right to correct inaccuracies, omissions, typographical errors and errors in specifications, pricing, etc. without prior notification.
TOBII DYNAVOX reserves the right to change prices at any time, and to correct pricing errors that may inadvertently occur. If you have already entered into a purchase agreement at the time of the price change, you are not entitled to a refund. In the event of a pricing error, we will notify you of the error and allow you to either proceed with the transaction at the correct price or cancel your order at no cost to you. If we are unable to contact you, your order will be automatically cancelled.
TOBII DYNAVOX shall in no event be liable for a failure to perform any of its obligations due to any circumstance beyond its immediate control, which impedes, delays, or aggravates any obligation to be fulfilled by Tobii under the Terms, such as changes in laws and regulations or in the interpretation thereof, acts of authorities, war, acts of war, labor disputes (includingin which TOBII DYNAVOX is a party), blockades, major accidents, defects in data or telecommunications, and currency restrictions.
If any portion of the Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
These Terms apply from and includingMarch 27, 2017 and replace all other terms previously published by Tobii or TOBII DYNAVOX for online purchases of the Products available on this website.