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TERMS AND CONDITIONS OF SALE

 

I. GENERAL TERMS

1. Scope of Application
The following terms and conditions apply to all orders placed by a client or customer (hereinafter referred to as “You” or “the Buyer”) on the following website “antelopeaudio.com” (the “Website”). The online store on the Website is operated by Earbyte Inc. (dba Antelope Audio), a corporation registered under the laws of the United States, State of Michigan, with its principal place of business at 301 N Main St., Ann Arbor, MI 48104, USA, under the trade name Antelope Audio (hereinafter referred to as “Seller” or “We”).
Please note that your use of the Website is governed by a separate Terms of Use document, available at https://en.antelopeaudio.com/legal-terms/terms-of-use/. These Terms and Conditions of Sale(“Terms”) apply exclusively to the sale-purchase relationship between You, as the Buyer, and Earbyte Inc. as the Seller.

2. Binding Agreement
These Terms represent the entire agreement between the Seller and the Buyer. By placing an order at AntelopeAudio.com,you explicitly agree to be legally bound by these Terms. If the individual accepting these Terms is doing so on behalf of another person, company, or legal entity, they represent and warrant that they have full authority to bind that person, company, or legal entity to this Agreement.
If, for any reason, You do not understand or disagree with any part of these Terms, You must not place an order.

3. Conflicting Terms
In the event of a conflict between provisions affixed to a purchase order or other communication from the Buyer and these Terms, these Terms shall prevail. The Seller’s failure to object to conflicting provisions in any communication or order from the Buyer shall not be construed as a waiver or acceptance of such provisions.
Any modification, exclusion, or alteration of these Terms must be explicitly agreed upon in writing.

II. TERMS OF SALE

 

SECTION A – Terms of Sale Applicable to All Online Purchases of HARDWARE PRODUCTS

1. Placing an Order
1.1. Invitation to Place an Order
The products displayed on the Website, along with any accompanying information about the products and prices, constitute an invitation for You to place an order (“Order”) only and do not represent a binding offer by us to sell the products. All Orders placed by the Buyer are subject to explicit acceptance or cancellation by the Seller. The Seller is not legally bound by any statements or descriptions of product availability as published on its official website.
1.2. Order Placement
An Order is placed on the Website when you click the “Proceed to Payment” button on our checkout page after accepting the terms and conditions of sale. By placing an order, you are submitting an offer to purchase the selected products, subject to these Terms. You are responsible for reviewing the Order and correcting any errors before clicking the “Proceed to Payment” button. Please note that clicking this button will direct you to the payment page and require payment for the Order to be processed.
1.3. Order Acknowledgment
Once payment is received, we will acknowledge receipt of your Order via an acknowledgment email with the number of your order. This email is for informational purposes only and does not constitute order confirmation or acceptance by us.
1.4. Order Confirmation and Sale Contract
The Order will only be accepted by us when we send you a confirmation email. This email will create a legally binding sales contract under the provisions outlined in these Terms. The sale contract date will be the date on which the confirmation email is sent. The confirmation email will also inform You that the ordered product has been shipped.
1.5. Incorrect or Unauthorized Orders
If You receive an acknowledgment email or confirmation email for an Order that You did not place, or if the details in the email do not match the Order you submitted, you must contact us at ecommerce@antelopeaudio.com as soon as possible to cancel the Order or correct the details.
1.6. Inability to Fulfill an Order
If We are unable to fulfill your Order for any reason, We will notify You as soon as possible. If payment has already been received for the Order, We will attempt to refund the applicable amount using the same payment method. If alternative refund arrangements are necessary, a representative from the Seller will contact You to finalize the refund.

2. Prices and Payments
2.1. Pricing Errors
The Website displays a wide range of products, and while We strive for accuracy, it is possible that some products may be listed with incorrect prices. If a product is incorrectly priced, We reserve the right, at our discretion, to either:

  • Contact you for further instructions before dispatching the product(s), or
  • Reject your Order and notify You of the rejection.

For the avoidance of doubt, we are under no obligation to supply products at the incorrect price.
2.2. Accepted Payment Methods
Available payment methods may vary depending on Buyer’s location. Some of the available payment methods include but are not limited to:

  • Card payment: credit cards including Diners Club, JCB, Discover, American Express, MasterCard, VISA

All associated fees are borne by the Buyer.
2.3. Credit/Debit Card Authorization
Payment by credit or debit card is subject to authorization by the card issuer at the time the Order is placed. If authorization is refused, we will not be liable for any delay or non-delivery of the product(s), and the sale contract will be deemed canceled.
2.4. Advance Payment Requirement
The Seller requires payment in advance as a precondition for dispatching the ordered product(s).
2.5. Shipping Costs
We provide free shipping for our products unless otherwise specified and displayed at checkout prior to placing an Order.
2.6. Taxes and Duties
The prices displayed on the Website include statutory Value Added Tax (VAT), if applicable. However, all prices are exclusive of:

  • Any other taxes, duties, levies, or similar charges arising outside the shipping point in connection with the performance of the contract.
  • Taxes applicable to the import or sale of products, customs clearance fees, excise duties, or similar charges.

Such taxes or charges, where applicable, shall be borne by the Buyer.
2.7. The Currency for purchasing the products from all EU countries is EUR (Euro) and for the rest of the countries is USD (United State Dollars).

3. Delivery, Transfer of Title, and Risk
3.1. Shipping method
Unless otherwise agreed in writing by both parties, the Seller reserves the right to determine the shipping method and select the carrier. The Buyer is not authorized to direct or assign the shipment to any destination other than the one specified in the order and the bill of landing without the Seller’s prior written consent. The Buyer will bear all shipping and transportation costs incurred because of any breach of this restriction.
3.2. Delivery Terms
The Seller’s written order confirmation shall serve as the definitive reference for the delivery time, method, quantity,
and price. The Seller may deliver products in one or more shipments and issue separate invoices for each shipment.

  • The delivery dates provided by the Seller are estimates only, and the Seller is not liable for delays in delivery or for delivering products before the quoted delivery date.
  • While we strive to deliver within the communicated time frame, delivery times may be extended due to unforeseen circumstances.

3.3. Limitations of Liability for Delays
The Seller shall not be held liable for any failure to deliver due to causes beyond its reasonable control. Additionally, the carrier or shipper shall not be considered an agent of the Seller. A delay in delivering any part of an accepted order does not entitle the Buyer to cancel other deliveries.
3.4. Transfer of Title and Risk
Ownership and risk of loss or damage to the products shall transfer to the Buyer upon delivery of the products.
3.5. Orders from within Europe and Colombia
Orders from within Colombia and Europe will be shipped directly by the local fulfilment operators Shipments will come with an invoice issued by the respective local entity, which fulfils the orders on behalf of the Seller. For the avoidance of doubt, this arrangement does not alter the legal relationship between the Seller and the Buyer.

SECTION B – Terms of Sale for All Digital Content (SOFTWARE)

1. Ordering/Conclusion of Contract
1.1. Purchase Options
The Seller is an authorized dealer of Antelope Audio branded products, including software. The Buyer has two options for
purchasing software content from the Seller:
(a) Directly, by placing an order for digital content on the Website;or
(b) By ordering a bundle that includes both hardware and software component.

1.2. Purchasing Software on the Website
When the Buyer orders and purchases software from the Website, the following process applies:
(i) The Buyer places an order for a software product on the Website;
(ii) The Buyer makes payment using one of the available payment methods (refer to Section II.A.2.2);
(iii) The Seller acknowledges receipt of the order with an acknowledgment email. This email is an automatic response and does not constitute order confirmation or acceptance by the Seller;
(iv) Once the payment is confirmed, and without undue delay, the Seller will assign the purchased software to the Buyer’s Antelope Audio account automatically.
(v) We will send You a confirmation email. This email will create a legally binding contract under the provisions outlined in these Terms. The contract’s date will be the date on which the confirmation email is sent.
1.3. Purchasing a Bundle of Hardware and Software
When the Buyer purchases a bundle of hardware and software products that includes a separate software component, the software will be assigned to the Buyer’s Antelope Audio account upon completion of the purchase.

1.4. All terms and conditions outlined in Section II.A.1 and 2 above shall apply to the sale of Software.

SECTION C – Terms of Sale for the Services

1. Type of Services
Antelope Audio provides three types of support services:
(a) Desktop Remote Support – You can purchase a support session from our on-line store
(b) Expert Guidance 1-on-1 – You can purchase a support session from our on-line store
(c) On-Site Customer Support – for this Service please contact our tech support team. This Service is available for the territory of Europe only.
Please refer to Terms of Service for detailed terms and conditions for use of Services.
2. Ordering/Conclusion of Contract
2.1. Invitation to Place an Order
The Services displayed on the Website, along with any accompanying information about the Services and prices, constitute an invitation for you to place an order (“Order”) only and do not represent a binding offer by us.
2.2. Ordering Services on the Website
When the Buyer orders and purchases Services from the Website, the following process applies:
(i) The Buyer places an order for the selected Service on the Website pressing the “Proceed to Payment” button;
(ii) The Buyer makes payment using one of the available payment methods (refer to Section II.A.2.2);
(iii) The Seller acknowledges receipt of the order with an acknowledgment email. This email is an automatic response and does not constitute order confirmation or acceptance by the Seller;
(iv) Once the payment is confirmed, and without undue delay, the Seller will assign the purchased Service to the Buyer’s Antelope Audio account automatically. You can find these on your Profile under the “My Services” section.
(v) We will send You a confirmation email. This email will create a legally binding contract under the provisions outlined in these Terms. The contract’s date will be the date on which the confirmation email is sent.
3. Other Terms
All terms and conditions outlined in Section II.A.1 and 2 hall apply to the sale of Services.

 

III. ACCEPTANCE. NO RETURNS

1. Shipments will be deemed accepted by the Buyer upon delivery, unless rejected at the time of receipt. Any discrepancy in shipment quantity must be reported immediately upon delivery.
2. Except as specified under Section IV below, the Seller’s products (incl. Hardware and Software) and Services are not returnable after purchase.

IV. RIGHT TO CANCEL THE CONTRACT (RIGHT OF WITHDRAWAL)

1. Right of Withdrawal
1.1.This Section IV applies exclusively to consumers, where “Consumer” refers to any individual purchasing goods, services, or digital content not intended for professional or business purposes and outside the course of business or trade.
1.2.If You are a consumer, as defined above, You are entitled to cancel the contract entered via a distance contract (orders through our online store) under the terms outlined in this Section IV.
1.3.You have the right to cancel the sale and purchase agreement for products and services (except in cases where exclusions under Section IV. 5 apply) without providing a reason and without any penalty or indemnification. The withdrawal period is 14 days from:

  • For physical (hardware) products: The date of delivery of the product to the Buyer or a third party (other than the carrier) indicated by the Buyer.
  • For digital content(software products): The date the contract is concluded (i.e. the order confirmation email is sent), unless Section
    IV. 5 applies.
  • For services: The date the contract is concluded (i.e. the order confirmation email is sent)

1.4.When exercising the right of withdrawal, You must return the Hardware products to the Seller or an authorized representative without undue delay and no later than 14 days from the date You notify the Seller of their decision to withdraw from the contract.
2. Payments and Cost Reimbursement
2.1 Upon exercising the right of withdrawal, the Seller will refund all payments received from You within 14 days from the date the Seller is informed of Your decision to withdraw. Refunds may be withheld until the Seller receives the returned goods or You provide evidence of having sent them back, whichever occurs first.
2.2 Refunds will be processed using the same payment method You used in the original transaction, unless You expressly consents to an alternative method. The Seller is not obligated to reimburse additional delivery costs incurred if You opted for a more expensive delivery method than the least costly standard delivery option offered by the Seller.
2.3 The Seller may deduct transaction costs incurred (up to 4% of the product price) from the refund, unless prohibited by local law.
2.4 You are responsible for covering the direct costs of returning Hardware products, including shipping, taxes, and customs duties.
2.5 You must compensate for any reduction in value resulting from handling the product beyond what is necessary to determine its nature, characteristics, and functionality. “Inspecting the characteristics and functionality” refers to the type of examination typically permitted in a retail store. The Seller reserves the right to deduct these costs from the refunded amount.
3. Exercising the Right of Withdrawal
3.1. To exercise the right of withdrawal, you must inform us via one of the following methods:
(a) By Email: Send an email to support@antelopeaudio.com, explicitly stating your intent to cancel the contract. Include your name, address, order details, and, if available, your phone number and email address. Upon receipt, we will send you a confirmation email acknowledging your withdrawal notice.
(b) By Post:

  • For Buyers in Europe: Send cancellation notices to Elektrosfera Ltd., Srebarna Str. 14A, Sofia, Bulgaria.
  • For Buyers in Colombia: Send cancellation notices to: Antelope Audio America SAS, Cra 16bis, #11-105, Barrio Pinares, Pereira 660003, Risaralda,Colombia
  • For Buyers outside Europe and Colombia: Send cancellation notices to Earbyte Inc., 301 N. Main Street, Second Floor, Ann Arbor, MI 48104, USA.

3.2. Optional Withdrawal Form:
You may use the withdrawal form template provided at the following link: Cancellation Form or submit their request in an unambiguous written format, including all required information.
4. Return of the products
4.1.Once We have received your withdrawal decision, we will provide you with a Return Merchandise Authorization Number (RMA#) as well as return instructions. To avoid problems at the time of receipt, clearly write your RMA# on the outside of the package and include a copy of your RMA confirmation e-mail within the package.
4.2.You shall return the purchased products to the shipping point that the product has been initially shipped from, unless otherwise agreed with the Seller.
4.3.You shall preserve and properly pack the products for return to minimize damage during transportation. When packing for return You shall use all original packing materials provided by Seller. All damages caused to products due to improper packaging shall be covered by and at Your expense.
5. Exclusions – non-cancelable and non-returnable items
The right to withdraw from an agreement concluded remotely does not apply in the following cases:
(i) contracts for delivery of digital content (Software), which are not recorded on a physical carrier. The right of withdrawal does not apply if the performance has begun, where the Buyer has provided prior express consent to begin the performance during the right of withdrawal period and acknowledgement that they thereby lose their right of withdrawal.
After receiving your payment for the ordered Software, the latter will be automatically assigned to client’s Antelope Audio account. From that moment starts the execution of the contract for supply of software. By pressing the Proceed to Payment button You expressly agree that the execution of the contract will start before the
expiration of the withdrawal period and You expressly confirm Your knowledge that You will lose Your right to withdrawal
with the beginning of the execution of the contract.
(ii) contracts for delivery of services: Service contracts where the service has been fully performed, and the performance has begun with the explicit prior consent of the Buyer and acknowledgement that Buyer will lose their right of withdrawal once the contract has been fully performed by the Seller.

V. LIMITED PRODUCT WARRANTY

1.Except as specified below, physical products sold hereunder shall be free from defects in materials and workmanship and shall conform to Seller’s published specifications or other specifications accepted in writing by Seller. The foregoing warranty does not apply to any products which have been subject to misuse, neglect, accident or modification or which have been soldered or altered such that they are not capable of being tested under normal test conditions. Seller shall make the final determination as to whether its products are defective.
2. Buyer shall follow the Antelope Audio Limited Warranty Policy available at https://support.antelopeaudio.com/support/solutions/articles/42000026324-antelope-audio-limited-warranty-policy If the Limited Warranty Policy requires a direct contact with the manufacturer and its support center, Buyer may contact them directly. All relations between the Seller and the manufacturer will be arranged bilaterally.
3.THE FOREGOING WARRANTY AND REMEDIES ARE EXCLUSIVE AND MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SELLER WILL NOT ASSUME OR AUTHORIZE ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH ITS PRODUCTS.
4.For customers covered by consumer protection laws or regulations in their country of purchase or, if different, their country of residence, the benefits conferred by Antelope Audio’s Limited Warranty are in addition to, and not instead of, rights and remedies conveyed by such consumer protection laws and regulations and it does not exclude, limit or suspend buyer’s rights arising from consumer law and consumer’s right to the legal guarantee. In this case You have the right to choose whether to claim service under the Antelope Audio Limited Warranty (i.e. commercial guarantee) or under your consumer law rights (i.e. to claim the legal guarantee).
5. E-warranty registration:
5.1 To be eligible for warranty coverage:

  • product must be registered by the original end-user purchaser/user at the link specified in the “Getting started” information leaflet, provided in the package of each product, and
  • Buyer needs to register for e-warranty card following the instructions under “My warranty” menu at the user’s account at https://en.antelopeaudio.com/login/.

5.2 Buyer shall fill their particulars in the warranty sheet and complete the e-Warranty registration. The registration will not generate
an extra charge.
5.3 Clicking on “Add warranty” button and submitting your e-warranty registration form, means you have read and agreed to all the warranty terms and conditions, available at https://support.antelopeaudio.com/support/solutions/articles/42000026324-antelope-audio-limited-warranty-policy.
5.4 Please retain the original purchase receipt for verification purposes when required. Uploading your purchase receipt during the e-warranty registration process does not release you from your duty to keep the original receipt. It will be required in case of warranty claim.

VI. PERSONAL INFORMATION

1. Throughout the process of sale and purchase of our Products and Services we will need to process Your personal information. We will use the personal information you provide to us: – to enter into the sale-purchase or supply contract;

  • to supply the products and services to You;
  • to process your payment for the products and services; and
  • if you agreed to this during the order process (or later), to give you information about similar products that we provide, which you may opt out of at any time by contacting us.
  • to provide warranty and out-of-warranty services

We will only give your personal information to third parties where the law either requires or allows us to do so – for example we will provide your name and address to our supply and delivery partners, so that they can deliver the ordered products or services.
2. Detailed information on the processing of your personal data is available with our Privacy Policy – https://en.antelopeaudio.com/legal-terms/privacy-policy/

VII. LIMITED LIABILITY

1. Buyer shall not be entitled to, and Seller shall not be liable for, loss of profits or revenue, promotional or manufacturing expenses, overheads, business interruption cost, loss of data, removal or installation costs, injury to reputation or loss of buyers, punitive damages, IPR infringement, loss of contracts or orders or any indirect, special, incidental or consequential damages of any nature.
2. To the extent permitted by law, Buyer’s recovery from Seller for any claim shall not exceed the purchase price paid for the affected products irrespective of the nature of the claim whether in contract, tort, warranty, or otherwise.
3. Buyer will indemnify, defend and hold Seller harmless from any claims based on:
a) Seller’s compliance with Buyer’s designs, specifications, or instructions,
b) modifications of any products by anyone other than Seller,
c) use in combination with other products.

VIII. TECHNICAL ASSISTANCE OR ADVICE

If technical assistance or advice are offered or given to Buyer, such assistance or advice is given free of charge and only as an accommodation to Buyer. Seller shall not be held liable for the content or Buyer’s use of such technical assistance or advice nor shall any statement made by any of Seller’s representatives in connection with the Products or Services constitute a representation or warranty, express or implied.

IX. CONFIDENTIAL INFORMATION

Unless otherwise agreed to in writing, Buyer shall retain in strict confidence and, except as otherwise expressly provided in these Terms, not use or disclose to others any and all information received from the Seller, including but not limited to know-how, compilations, processes, plans, blueprints, technical information, new product information, test procedures, product samples, or specifications as well as commercial and other information or data considered confidential in nature, whether communicated in writing or orally (Confidential Information); provided, however, that Confidential Information shall not be deemed to include (a) information that, at the time of disclosure, is in the public domain or becomes part of the public domain by publication or otherwise through no act of the party receiving it, (b) information that Buyer can conclusively establish was in its possession before the time of disclosure to it and was not acquired directly or indirectly from the disclosing party or any of its employees or affiliates, or (c) information that is independently made available as a matter of right by a third party who has not violated a confidential relationship with the Seller.

X. INDEMNIFICATION

Buyer represents, covenants, and warrants that it will do nothing that will create any liability on the part of the Seller by reason of Buyer’s activities, other than as set forth in these Terms and Buyer shall indemnify, defend, and hold harmless the Seller from any claim, loss, damage, fine, judgment, cost, or expense (including, without limitation, attorney fees) arising from the negligence of Buyer, Buyer’s agents, employees or representatives in the installation, use, sale or servicing of Seller’s Products or arising from any representation or warranty made by Buyer, its agents, employees or representatives with respect to Seller’s Products that exceed Seller’s limited warranty.

XI. INTELLECTUAL PROPERTY

The Seller shall be the exclusive owner or authorized user of all patent or patent rights, trademarks, trade names, trade dress, and other trade designations, copyrights, and other industrial or intellectual property rights relating in any way to the Products or the Seller and all goodwill developed in connection with the same (Intellectual Property). Buyer may use the Intellectual Property in connection with the personal use of the Products only. If Buyer develops or acquires, directly or indirectly, any right in any of the Intellectual Property, it will immediately assign to the Seller all of its rights in it.

XII. TRADE DESIGNATIONS

The Products may bear various trademarks, trade names, trade dress, or other trade designations placed on them by the Seller or by the manufacturer (Trade Designations). Buyer acknowledges that the Seller/manufacturer or their licensors are the sole and exclusive owner of all rights with respect to Trade Designations and covenants that no Trade Designations shall be (a) removed, modified, concealed, or covered by Buyer or (b) otherwise used without the Seller’s prior written consent. Nothing in these Terms shall be construed as Seller’s granting any license to Buyer to use Seller’s or manufacturer’s name and trademarks.

XIII. EXPORT RULE AND RESTRICTIONS

Buyer acknowledges that Antelope Audio branded products and services are subject to the U.S. Export Administration Regulations and EU export regulations and other export laws, restrictions, and regulations (collectively, the “Export Laws”) and that Buyer will comply with the Export Laws.

Antelope Audio does not accept any orders from and does not ship any Products to any countries that are subject to US and EU export restrictions (currently including, but not necessarily limited to, Russia, Belarus, Cuba, Iran, North Korea, Sudan, Syria) (each, an “Embargoed Country”). In addition, Buyer is responsible for complying with any local laws in Buyer’s jurisdiction which may impact Buyer’s right to import, export or use our products and services.
Buyer hereby certifies that all and every product(s) purchased from Antelope Audio will not be exported, sold, or transferred in violation of:

  • (a) the U.S. Export Administration Regulations;
  • (b) the U.S. International Traffic in Arms Regulations (ITAR);
  • (c) applicable U.S. sanctions and embargoes administered by the U.S. Department of the Treasury; and
  • (d) the European Union’s Regulations and any subsequent re-enactments or amendments thereof being in force and affecting the export of the products.
XIV. MISCELLANEOUS

1. Force Majeure
Seller shall not be liable for any damage or penalty for delay in delivery or for failure to give notice of delay when such delay is due to the elements, acts of god, acts of the Buyer, act of civil or military authority, war, riots, concerted labor action, shortages of materials, or any other causes beyond the reasonable control of the Seller. The anticipated delivery date shall be deemed extended for a period of time equal to the time lost due to any delay excusable under this provision.
2. Assignment and subcontracting
Seller shall be entitled at all times to assign its rights under these Terms (in whole or in part) or to subcontract any part of the work or services to be provided under the contractual relationships between the Seller and Buyer as it deems necessary or desirable.
3. Waiver
3.1. If any provision of these Terms is found to be invalid or unenforceable under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable.
3.2. Failure by Seller to exercise or enforce any rights hereunder shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at any time or times thereafter.
4. Applicable law
Unless otherwise agreed in writing, the terms and conditions contained herein shall be governed by and construed under the laws of the State of Michigan, USA. Any dispute, controversy or claim arising under, out of or relating to this Standard Terms and/or to the Dealership Agreement or the breach thereof shall be settled by arbitration administered by the American Arbitration Association and held at its Detroit Area office in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
4. Terms Updates
Seller may update these Terms from time to time. The Buyers are advised to check the current terms before placing another order.

Last Updated: 27 February 2025 (Previous updates – 6th of January, 2020; February 2020, September 2021)

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