Terms for Pre-Ordering

  1. Consent to terms and conditions

    Please carefully review these Terms for Pre-ordering Product (the “Terms”) before submitting your pre-order for a North American Blue Tiger Company, LLC d/b/a Blue Tiger USA, Elite Plus Headset (the “Product”). By pre-ordering any product through this Website, you certify that you understand and agree to be bound by the following terms and conditions. SECTION 16 Contains a binding arbitration clause and class action waiver, explaining your rights about resolving disputes. North American Blue Tiger Company, LLC is a Texas limited liability company (“Blue Tiger USA”).

  2. Pre-order process.
    1. Submitting an Order.
      1. By submitting a pre-order for a Product offered by Blue Tiger USA, you are making an offer to purchase the Product. Payment will be processed upon pre-order submission in the manner provided by Blue Tiger USA at the time of submission. Payment does not guarantee acceptance of a pre-order. Either party may cancel the pre-order, for a full refund, for any reason whatsoever, at any time, up until the point when the pre-order is “Accepted” as provided for below in Section 2.B.
      2. As advertized on the www.bluetigerheadsets.com Website, you must pay the full amount for the Product you pre-order (including taxes) in order to receive a special discount and be included in the first tier of Blue Tiger USA’s production list (production and shipment first, “First Tier Status”) Buyers that purchase after the pre-order period expires will have “Second Tier Status” and will receive production and shipment after First Tier Status.
      3. You must be at least 18 years of age to submit a pre-order, submit the offer while in the United States or Canada and reside in the continental United States or Canada. By agreeing to these Terms, you represent and warrant to Blue Tiger USA that you meet the foregoing requirements. Blue Tiger USA will reject any pre-order that does not contain a continental U.S. or Canadian shipping or payment address. If you are offering to purchase a Product on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
    2. Acceptance and Confirmation of an Order.
      1. Once the Product is close to manufacturing, Blue Tiger USA will send you an email, to the address provided by you at the time of pre-order. This email will indicate whether Blue Tiger USA accepts your pre-order, contingent upon your confirmation as described below in Section 2.B(2). You may change your pre-order email address on file by contacting Blue Tiger USA at preorders@Blue Tiger USA.com.
      2. You must confirm your pre-order by replying to the email from Blue Tiger USA (described above in Section 2.1 within thirty (30) days of the email date (the “Thirty Day Period”). You must also supply any needed information with your reply email. This needed information may include confirming your shipping address. If you timely provide your reply email with all needed information and payments then your pre-order will be considered “Accepted”. Blue Tiger USA anticipates that the retail price for your Product will be the amount listed on the Website on the date of your pre-order. However, unexpected contingencies may occur such as increase in manufacturing costs. Blue Tiger USA will notify you of any increases that you will have to pay for any such difference as part of the confirmation process. If you do not accept any increases, you may cancel your pre-order for a full refund.
      3. If you do not timely confirm your pre-order as provided for above in Section 2.2, then Blue Tiger USA may, at its discretion, either (a) cancel your pre-order for a full refund or (b) contact you again for confirmation in which case Blue Tiger USA will provide you, through your email address on file, with an extended deadline. In the event of cancellation and refund, Blue Tiger USA will make reasonable efforts to contact you to provide the refund. If Blue Tiger USA does not receive a response with any information (including a valid credit card number or bank information) needed to process your refund within 90 days of Blue Tiger USA’s request for the same, then Blue Tiger USA will treat the amount that you paid as unclaimed property in accordance with applicable law.
    3. Cancellation of Pre-Order by Both Parties.
      1. Pre-orders are subject to Blue Tiger USA’s acceptance as provided for above in Section 2.2 and may be rejected at Blue Tiger USA’s sole discretion any time and for any reason including, but not limited to, unexpected manufacturing or other problems. If Blue Tiger USA rejects your offer, it will, as your sole and exclusive remedy and Blue Tiger USA’s sole and exclusive liability, refund the amount you paid in the manner provided for above in Section 2.B(3). If you have any comments or concerns about why Blue Tiger USA may have rejected your order or if you believe your order was rejected in error, please contact Blue Tiger USA at preorders@Blue Tiger USA.com.
      2. You may also cancel any pre-order at any time for a full refund, up until the date that the pre-order is considered “Accepted” as provided for and defined above in Section 2.2. If you request a refund at any time before Acceptance, Blue Tiger USA will process it promptly and will refund the full amount you paid. After Acceptance, your cancellation/refund right no longer applies and Blue Tiger USA’s return policy and limited warranties will apply. The final Blue Tiger USA return policy and limited warranties will be published on the Blue Tiger USA website at the time when Blue Tiger USA begins Accepting pre-orders, as defined in Section 2.2. Section 6 of these Terms provides general information about such policies as they exist on the date of your pre-order. However, there may be changes to the return policy and limited warranty in the final version posted at the time your pre-order is Accepted.
    4. Payment

      1. Blue Tiger USA uses the Stripe Payment System for billing and payment collection. Stripe will maintain your credit card or bank account numbers and will bill all charges to your card or bank account using its payment system. Your bill will show the biller’s name as “Blue Tiger USA”.
  3. Shipping and Delivery Schedule

    Product being pre-ordered is not currently available for delivery. Shipping will commence no sooner than July of 2018 and may commence substantially later. Any shipping date is an estimate only. The actual shipping date for any accepted pre-order will depend on a variety of factors including, but not limited to, manufacturing schedule, the date a pre-order was originally received, and the date a pre-order was officially Accepted. Blue Tiger USA will make reasonable efforts to contact customers if there is a change to their shipping date; however, notice to customer is not required. 
  4. Taxes

    Any sales and use taxes required to be collected on sale of your Product will be calculated as part of your pre-order. Blue Tiger USA is required to collect sale taxes for any sales to residents located in Texas but may have to collect sales taxes for sales to residents of other states depending upon the activities of Blue Tiger USA in the future and prior to the date your pre-order is Accepted and the applicable tax laws. Any sales, export or other fees or taxes required to be collected by Blue Tiger USA shall be in addition to the price for such products as reflected on this Website and shall be reflected as an additional line item when your pre-order is placed or as otherwise required pursuant to said process. Each customer shall be solely responsible for paying and remitting any applicable use or other taxes on orders shipped to other states.
  5. Transfer of Risk and Title

    Risk of loss of your Product passes to you when Blue Tiger USA delivers the Product to its carrier and you are responsible for any loss or damage to the Product from that point. Claims against a carrier for damage during shipping are customer’s responsibility and you may arrange for insurance with the carrier, if offered.
  6. Limited Warranty and Disclaimer

    Blue Tiger USA will provide the full details of its limited warranty for Products on its Website before Acceptance of your pre-order. When a customer finalizes a pre-order, customer acknowledges and agrees that customer has reviewed and accepts the limited warranty for the Product. If the customer is not satisfied with the warranty terms once published, customer may contact Blue Tiger USA Support to rescind the pre-order. Below is the current limited warranty and refund procedures.
    1. Defective Products.
      1. The Product is guaranteed against defects in material or workmanship discovered under normal product use for a period of (1) year from the time that the Product ships from Blue Tiger USA’s warehouse location (the “Limited Warranty”). The following shall void the Limited Warranty: (a) you sell or transfer ownership of the Product to anybody or (b) the Product has been altered without any authorization from Blue Tiger USA or subjected to theft, natural disasters, improper installation, negligence, accident, damage, exposure to unusual or harsh environments and working conditions (e.g. excessive temperatures, exposure to chemicals, extremely dirty or dusty environments, unauthorized power conditions, electromechanical interference, etc.), used with parts not compatible with the Product or not used or maintained in accordance with the recommendations of Blue Tiger USA.
      2. If the Product is returned pursuant to procedures below in Section 6.2 and is within the warranty period, and the Product’s issue(s) is covered under the warranty terms, then Blue Tiger USA will either repair or replace the Product at no charge to the customer (e.g. no cost for parts, labor or shipping). All of such services must be provided by an authorized Blue Tiger USA repair technician. Blue Tiger USA will first attempt to repair the defective Product. If repair is not successful, or if repair is not a feasible option, Blue Tiger USA will then attempt to replace specific parts of the Product, using new or refurbished parts. If parts replacement is unsuccessful, or not feasible, then Blue Tiger USA will exchange the defective Product for a new product of similar composition and price. In some instances, Blue Tiger USA may provide a full refund to the customer, in exchange for taking back the defective Product. If the Product is not actually found to be defective, it will be treated as a non-defective Product and you will be charged, either through your credit card on file or on demand, for the service call and any applicable shipping costs.
    2. Return Procedure
      1. If you have a problem with any Product purchased from Blue Tiger USA, please contact Blue Tiger USA by phone at 800-935-1165 or electronic mail at support@Blue Tiger USA.com. Blue Tiger USA must authorize any returns and will provide you with a return authorization number (“RMA”) for each Product that you are returning. Products returned without a RMA will not be accepted for return and all returns must be received by Blue Tiger USA within twenty business days of the date that we issue a RMA. Blue Tiger USA will advise you where and how to return the Product or have your Product serviced when you contact Blue Tiger USA.
  7. Delay/Non-performance

    Blue Tiger USA is not liable for delays in performance, including delivery, or for failures to perform, including failure to deliver, due to (a) any causes beyond Blue Tiger USA’s reasonable control, including Blue Tiger USA’s inability to obtain necessary materials, components, products, services or facilities, (b) termination of any agreement to supply products with supplier or manufacturer or (c) Acts of God, acts of a customer, acts of civil or military authorities, terrorist acts, governmental regulations or priorities, strikes or other labor disturbances, fires, riots, wars, or natural disasters, including epidemics, droughts, floods or transportation interruptions. Blue Tiger USA will promptly notify you of any material delay and will work with you to make alternate arrangements, including shipment of an alternate product, or shipment of the ordered product but on an extended shipping schedule.
  8. Warranties/disclaimers

    Except the warranty against defective products as provided for above in section 6.1, Blue Tiger USA and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “Blue Tiger USA entities”) make no warranties, oral or written, express or implied, with respect to any products sold through this website and the products are being sold on an “as is” basis. In the case of the sale of consumer products to consumers, to the extent that any implied warranties are required under law the duration of any such implied warranties shall be limited to thirty days. Except as provided for herein, the Blue Tiger USA entities expressly disclaim all warranties, express or implied, including but not limited to the implied warranties of merchantability, quiet enjoyment, fitness for a particular purpose, title, noninfringement, or any other implied warranties arising from the course of dealing or performance.

    Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply. In such states, the liability of the Blue Tiger USA entities shall be limited to the greatest extent permitted by law, including with the permissible limitations set forth in section 9 below.
  9. Limitation of liability
    1. The Blue Tiger USA entities will not under any circumstances, whether as a result of breach of contract, breach of warranty, tort or otherwise, be liable for consequential, incidental, special, indirect or exemplary damages, however caused, including, but not limited to, personal injury, property damage, loss of profits or revenues, loss of use of or damage to any associated equipment, cost of capital, cost of substitute products, facilities or services, downtime costs, or claims of buyer’s customers, arising out of the use of or inability to use Blue Tiger USA’s products, even if any of the Blue Tiger USA entities has been advised of the possibility of such damages.
    2. It is your sole responsibility to read all product instructions carefully, to use the product strictly for the purpose it was designed for, and to ensure that the product is used in a safe and reasonable manner.
    3. The Blue Tiger USA entities’ liability on any claim of any kind whether in contract, tort (including negligence) or otherwise for any loss or damage arising out the sale of products hereunder shall not exceed the price of the specific product which gives rise to the claim, and no claim may be brought against the Blue Tiger USA entities more than one year after any cause of action accrues. Buyer’s exclusive remedy and the Blue Tiger USA entities’ entire liability under these terms will be the remedy provided for above in section 6.
    4. The limitation and disclaimer contained in sections 8 and 9 of this agreement are independent of any agreed remedy.
  10. Use of product

    You represent that the Product you have offered to purchase is for your own use and not for resale. You also represent that you are not purchasing the Product for any competitive purpose. Use of the Product may be subject to local laws, regulations, and ordinances in your jurisdiction and you are responsible for complying with all applicable laws. You must also use the Product in strict accordance with the user documentation provided together with the Product. Blue Tiger USA will not be liable for your inability to use the Product, and your sole and exclusive remedy will be to request a refund if allowed by the Blue Tiger USA return policy, described in Section 6. You alone are responsible for the manner in which you use the Product. You shall immediately upon written demand defend, indemnify and hold harmless the Blue Tiger USA Entities (collectively, the “Blue Tiger USA Entities”) from and against every claim, liability, damage, loss, and expense, including all attorneys’ fees and costs, arising out of or in any way connected with: (a) your use of, or alleged use of, any Product; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity right; or (d) any dispute or issue between you and any third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
  11. Intellectual property

    Blue Tiger USA and its licensors own all intellectual property rights in the Products. If Blue Tiger USA accepts your pre-order for a Product, you will acquire no interest or rights in Blue Tiger USA’s intellectual property, and your use of the Product will be subject to these Terms and other additional license terms and restrictions that will be provided together with the Product. Blue Tiger USA reserves all rights in and to the Products not granted expressly in these Terms or other additional license terms.
  12. Revision to terms and conditions

    The Terms contained herein supersede and replace all prior terms, conditions or quotations exchanged by the parties. Any additional terms already or hereafter proposed by you are objected to by Blue Tiger USA, without need of further notice or objection, and will not be binding upon Blue Tiger USA unless specifically agreed to in writing signed by Blue Tiger USA. Blue Tiger USA reserves the right to make changes to the Terms at any time, provided, however, that no change shall affect the Terms that were reported on this Website at the time you pre-order your Product.
  13. Blue Tiger USA’s privacy policy and terms for using website

    Blue Tiger USA takes your right to privacy seriously. For more information, please read the Blue Tiger USA Privacy Policy. For information about the terms and conditions that apply to the use of Blue Tiger USA’s website and its mobile application service please read Blue Tiger USA’s Terms of Service. Blue Tiger USA does not agree to any obligations of confidentiality, nondisclosure or nonuse, except as explicitly provided for in our privacy policy.
  14. Independent enforceability and electronic communications

    The invalidity or unenforceability of any provision (or portion thereof) contained in these Terms shall in no way affect the validity or enforceability of any other provision (or portion thereof), each provision being independent of the others and severally enforceable, and the parties hereto agree that the covenants and agreements contained in these Terms shall survive the termination of these Terms. You agree that any notices, agreements, disclosures, or other communications that Blue Tiger USA sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
  15. Governing law

    These Terms and all disputes arising hereunder or between you and Blue Tiger USA shall be governed by and construed in accordance with the laws of the State of Texas without regard to the principles thereof concerning conflict of laws. The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement
  16. Dispute resolution and arbitration

    If there is a dispute between us, you agree to notify Blue Tiger USA in writing and attempt to resolve the dispute informally for sixty days. If the dispute cannot be resolved, you agree to binding individual arbitration before the American Arbitration Association and not to sue in court or proceed in front of a judge or jury. You agree to not pursue against Blue Tiger USA any class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity for you and you agree not to seek to combine individual proceedings. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any arbitration shall administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator shall only be entered in a court located in the State of Texas. Claims shall be heard by a single arbitrator. The place of arbitration shall be at an agreed upon location in Houston, Texas. The arbitration shall be governed by the laws of the State of Texas and the Federal Arbitration Act.

    Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in person hearings. Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed.

    Any award in an arbitration initiated under this clause shall be limited to monetary damages consistent with these Terms, including Section 9, and shall include no injunction or direction to any party other than the direction to pay a monetary amount.

    Each party shall bear its own costs and expenses and an equal share of the arbitrator’s and administrative fees of arbitration. However, if the arbitrator finds that either the substance of your claim or the relief sought in the arbitration demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then you agree to reimburse Blue Tiger USA for all monies previously disbursed by it for American Arbitration Association fees and the fees of the arbitrator in the arbitration. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.
  17. Contact Information

    These Terms and the Product is offered by Blue Tiger USA, Inc., located at 3727 Greenbriar Dr, Suite 119, Stafford, Texas 77077, USA. You may contact Blue Tiger USA by sending correspondence to that address or by emailing Blue Tiger USA at support@Blue Tiger USA.com.
  18. Miscellaneous

    Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without Blue Tiger USA’s prior written consent. Blue Tiger USA may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect Blue Tiger USA’s right to require performance at any other time after that, nor will a waiver by Blue Tiger USA of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Upon termination of these Terms, the terms that by their very nature should survive, along with the Privacy Policy, Terms of Service, and any other accompanying agreements, will survive.