Website Terms & Conditions

VOXXOUTLET.COM - Terms & Conditions for the Online Sale of Refurbished Goods and Conditions of Use of Website ALL SALES OF REFURBISHED PRODUCTS (AS DEFINED HEREIN) FROM THIS WEBSITE ARE FINAL & WITHOUT WARRANTY.
ALL REFURBISHED PRODUCTS SOLD ON THIS WEBSITE ARE SOLD "AS IS" & "WITH ALL FAULTS". THIS DOCUMENT CONTAINS VERY 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 REFURBISHED PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS. YOU MAY NOT ORDER OR OBTAIN REFURBISHED PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF ARE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH VOXX INTERNATIONAL CORPORATION, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

1. ACCEPTANCE OF TERMS

   These Terms ("Terms") constitute an ongoing contract between you and VOXX International Corporation and its subsidiaries, distributors and affiliates ("VOXX") and apply to your use of VOXX's online refurbished inventory liquidations website located at https://voxxoutlet.com (the "Site") and the purchase and sale of products and services including Refurbished Products from VOXX in consideration of the mutual promises set forth herein and such other good and valuable consideration.
   These Terms govern your purchase of Refurbished Products from the Site. By checking the "I agree to the Terms" box and clicking on the "I Accept" icon each time you log into the Site, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you should not purchase Refurbished Products from the Site. These Terms are an integral part of the Site Terms of Use that 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.

2. MODIFICATION OF TERMS

   VOXX reserves the right, from time to time, with or without notice to you, to change these Terms in its sole and absolute discretion. The most current version of these Terms can be reviewed by clicking on "Terms" located at the bottom of the pages of the Site. The most current version of the Terms will supersede all previous versions. Your use of the Site or continued purchases after changes constitute your notice of, and agreement to be bound by, such changes. No purchase order or other documentation issued by you to VOXX or its order fulfillment vendors will alter these Terms unless agreed in writing by an authorized VOXX representative.

3. ADDITIONAL DEFINITIONS

   1. "Buyer" or "you" or "your" shall mean the individual who purchases Refurbished Products from VOXX through the Site under the terms described herein and the entity that such individual represents in making the purchase, if applicable.
   2. A "Completed Purchase" occurs when (i) you have provided to VOXX all of the purchase information requested in the Email Notification in the manner specified in such Email Notification to complete your purchase and (ii) the Purchase Price for the Refurbished Products has been received in the VOXX account specified in the Email Notification.
   3. "Refurbished Products" shall mean VOXX's Refurbished Products that are available for purchase on the Site under the terms described herein.
   4. "Listing" or "Listings" shall mean the content on the Site associated with particular Refurbished Products, including, without limitation, the description and quantity and/or condition of the Refurbished Products. VOXX shall have the right to modify or correct any Listing at any time and such modification shall be binding on any purchase of any Refurbished Products purchased after such modification had been made.
   5. "Promotional Content" shall mean any and all information, service or content provided by VOXX or its agents in any medium in connection with these Terms, including promotional content and any Listing displayed on the Site.

4. REFURBISHED PRODUCTS

   Refurbished Products have been either (i) previously sold by VOXX and subsequently returned by customers and have been previously shipped; or (ii) discontinued and/or never sold by VOXX and constitute excess inventory and, in each case, have been reviewed and repackaged by VOXX for final resale. The condition of the Refurbished Products will vary and VOXX does not warrant the condition of any Refurbished Products and any and does not warrant that Listings are accurate, complete, reliable, current, or error-free. Accessories such as remote controls, cables and instructions may or may not be included, as applicable.

5. CONDITIONS TO SALE

   1. ORDER ACCEPTANCE AND CANCELLATION

      You agree that you order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by VOXX or we will not be obligated to sell the products or services to you. We may choose not to accept an orders in our sole discretion. After having received your order, you will be sent a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of a contract of sale between VOXX and you will not take place unless and until you have received your order confirmation e-mail.

   2. PURCHASE PRICE

      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 e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical or other errors in any offer made by us and we reserve the right to cancel any orders arising from such errors. In consideration for your payment of the purchase price set for on the Site for Refurbished Products (the "Purchase Price") and all applicable taxes, shipping and handling charges, VOXX hereby agrees to sell to you the Refurbished Products selected by you, subject to these Terms and availability and comply with the terms set forth in the Terms.
      You agree to pay the Purchase Price and all applicable taxes, shipping and handling charges for the Refurbished Products by paying the full amount of the Purchase Price (including such taxes, shipping and handling charges and other expenses incurred in connection with your purchase here under) in the manner specified upon checkout from the Site and/or our payment providers. Terms of payment are within our sole discretion and payment must be received by us before acceptance of an order. We accept major credit cards and other online payment methods specified upon your checkout from the Site when completing your order. You represent and warrant that (i) the credit card information you supply 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, shipping and handling charges. Your active participation on the Site affirms and ratifies your acceptance of all "Terms" set forth herein. Nothing in the Terms shall otherwise obligate VOXX to sell Refurbished Products to you.

   3. CANCELED PURCHASES

      Please note that there may be certain purchases that VOXX is unable to accept and must cancel. VOXX reserves the right, at its sole discretion, to refuse or cancel any purchase for any reason at any time. Some situations that may result in your purchase being canceled include, without limitation, inaccuracies or errors in product or product information, or problems identified by the VOXX credit and fraud avoidance department. While VOXX strives to provide accurate product information, typographical or system errors may occur. In the event that Refurbished Products are incorrectly listed or Refurbished Products are listed with incorrect information due to an error in quantity or other product information, VOXX shall have the right, at its sole discretion, to refuse or cancel any purchases placed for such Refurbished Products. In the event that VOXX must cancel a purchase, VOXX will cancel your purchase and notify you by email of such cancellation.

   4. PAYMENT TERMS

      You shall submit the Purchase Price to VOXX under the payment terms set forth on the Site. VOXX may revise the payment terms from time to time in its sole and absolute discretion upon notice to you on the Site or in an email; provided, however, that any change to payment terms will not be effective for any then-pending sale but will only be effective for the next sale subsequent to such notice.

6. TITLE; RISK OF LOSS

   Title and risk of loss pass to you upon our transfer of the Refurbished Products to the carrier. Shipping and delivery dates are estimates only and are not and cannot be guaranteed. We are not liable for any delays in shipments. You expresslym acknowledge and agree that you shall have no right to refuse or return the Refurbished Products after accepting delivery of the Refurbished Products.

   1. ACCEPTANCE

      Your acceptance of delivery of the Refurbished Products from VOXX shall constitute an unqualified acceptance of the Refurbished Products and a waiver by you of all claims with respect thereto. ALL SALES ARE FINAL. NO RETURNS OR REFUNDS ARE ALLOWED.

7. INDEMNITY

   1. You shall indemnify and hold VOXX and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim, demand, action, losses and/or costs, including reasonable attorneys' fees, due to or arising out of (i) your use of the Site, (ii) any sale, use or handling of the Refurbished Products or (iii) any breach of these Terms.

   2. The indemnity obligation under this Section 7 shall survive each purchase transaction hereunder.

8. NO WARRANTY/WARRANTY DISCLAIMER; LIMITATION OF LIABILITY

   THE REFURBISHED PRODUCTS SOLD TO YOU THROUGH THE SITE ARE SOLD TO YOU "AS IS", "WITH ALL FAULTS" AND "WHERE IS" AND VOXX DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE REFURBISHED PRODUCTS OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION THE REFURBISHED PRODUCTS' CONDITION OR QUALITY OR THE WARRANTIES OR CONDITIONS OF NONINFINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. VOXX AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, OR LOSS OF GOODWILL, CUSTOMERS OR PROFITS, ARISING OUT OF OR RELATED TO THESE TERMS, EVEN IF VOXX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL VOXX'S LIABILITY FOR ANY AND ALL LOSSES OR DAMAGES ARISING FROM OR RELATED TO THESE TERMS, EXCEED THE PURCHASE PRICE PAID BY YOU TO VOXX FOR THE REFURBISHED PRODUCTS AT ISSUE. VOXX SHALL NOT BE HELD LIABLE FOR ANY ERROR IN A LISTING THAT VOXX CORRECTS PRIOR TO THE PURCHASE OF THE REFURBISHED PRODUCTS TO WHICH THAT LISTING APPLIES. THESE LIMITATIONS OF LIABILITY SHALL SURVIVE EACH PURCHASE TRANSACTION AND ANY TERMINATION OF THIS AGREEMENT. Some states do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties. Therefore some of the limitations set forth in this section may not apply to you.

9. USE OF THE SITE

   You agree and acknowledge that VOXX does not make any guaranty of the accuracy, correctness or completeness of any Promotional Content and are not responsible for: any errors or omissions arising from the use of any thereof; any failures, delays or interruptions in the delivery of any Promotional Content contained with the Site; losses or damages arising from the use of the Promotional Content provided by the Site; any conduct by you in connection with the Site; or any Promotional Content or products provided through or in conjunction with the Site. You must comply with the Terms of Use and Privacy Policy applicable to the Site as may be published or provided by VOXX in writing (including by posting on the Site) from time to time.

10. BREACH OF TERMS

    If you fail to comply with any term or condition in these Terms, VOXX may immediately terminate your account, deactivate your password and/or seek any other remedy available to VOXX or its affiliates.

11. GENERAL PROVISIONS

    1. These Terms will be governed by the laws of the State of New York, without reference to its choice of law rules. Any action or proceeding arising out of, related to, or in any way involving, the Terms and/or your participation in or involvement with the Site must be brought in the state or federal courts located in Suffolk County, New York and, by conducting business with VOXX, you consent to the exclusive personal jurisdiction of such courts. No waiver of any provision of these Terms shall constitute a continuing waiver, and no waiver shall be effective unless made in a signed writing. The division of these Terms into separate sections, subsections and/or exhibits and the insertion of titles or headings is for convenience of reference only and shall not affect the construction or interpretation of the Terms.
    2. Except as expressly provided herein, the Terms do not confer any rights or privileges upon any third party.
    3. VOXX shall not be liable to you for failure or delay in performance hereunder due in whole or in part to an act of God, strike, lockout or other labor dispute, civil commotion, sabotage, fire, flood, explosion, acts of any government, unforeseen shortages or unavailability of fuel, power, transportation, or supplies, and any other causes which are not within VOXX's reasonable control, whether or not of the kind specifically enumerated above.
    4. These Terms were last updated on January 5, 2017. Please check our Terms periodically for changes.