Terms & Conditions documents (updated 11/15/22)

Effective Date: 11/16/2022

TERMS OF USE

General

 

These terms of use (“Terms of Use”)  govern your use of the websites and other services operated by Festool USA LLC or its affiliates (“Festool,” “we,” “us” or “our”) where these Terms of Use are posted (collectively, the “Sites”). Please carefully review these Terms of Use and the associated privacy policy (the “Privacy Policy”), accessible here, which is incorporated by reference into these Terms of Use before using the Sites. By placing an order or otherwise accessing or using the Sites, you expressly represent that you are 18 years of age or above the legal age of majority in your jurisdiction of residence (whichever is greater), that you are legally competent to enter this agreement, and that you agree to follow these Terms of Use and to be bound by them.

 

IF YOU DO NOT AGREE TO THESE TERMS OR TO THE COLLECTION, USE, DISCLOSURE OR OTHER HANDLING OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH OUR PRIVACY POLICY, IN WHOLE OR IN PART, YOU MAY NOT USE THE SITES OR ANY OF OUR SERVICES.

 

Certain areas, features, or functionalities of the Sites may be subject to different or additional terms, rules, guidelines, or policies (“Additional Rules”), and we may provide such Additional Rules to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant area, feature or functionality. From time to time, such Additional Rules may conflict with these Terms of Use. In the event of such a conflict, the Additional Rules will take precedence. Any reference to the “Terms of Use” in this agreement includes the Additional Rules.

 

IMPORTANT ARBITRATION NOTICE: PLEASE NOTE THE ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER SET FORTH BELOW, WHICH, SUBJECT TO SOME LIMITED EXCEPTIONS, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. PLEASE CAREFULLY REVIEW THE SECTION “DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE” BELOW. If you are a Quebec consumer as defined under the Consumer Protection Act (CQLR c P-40.1), this provision does not apply to you.

 

Acceptance and Modification of these Terms of Use

 

As stated above, by placing an order or otherwise using the Sites, you are expressing your agreement to these Terms of Use. Any other terms and conditions presented to Festool (on any purchase order or otherwise) will be without force and effect unless Festool agrees to such other terms and conditions in writing.

 

These Terms of Use may change at any time and Festool reserves the right to modify or update them at any time without prior notice. When we do so, we will update the “Effective Date” above. Your use of the Sites following any such changes constitutes your agreement to be bound by the changes.

 

Changes to the Sites

 

We may change, restrict access to, suspend, or discontinue the Sites, or any portion of the Sites, at any time and at our sole discretion. We shall have no liability to any party to the modification or termination of any aspects of the Sites or any related products or services.  IF YOU ARE A CONSUMER SUBJECT TO THE QUEBEC CONSUMER PROTECTION ACT, THE PRECEDING TERMINATION PROVISION DOES NOT APPLY TO YOU.

 

Ownership of the Sites

 

The Sites and their content, features and functionalities, including, without limitation, information, text, graphics, logos, button icons, images, audio clips, video clips, data compilations and the design, selection and arrangement thereof (collectively, the “Festool Content”), are the exclusive property of Festool, our licensors, or other content suppliers, and are protected by United States, Canadian, and international copyright, trademark, patent and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent.

 

We are providing you with access to the Sites pursuant to a limited, non-exclusive, non-sub-licensable, non-transferable, revocable license. You can use the Sites for personal, non-commercial purposes, and subject to these Terms of Use. This license is available to you as long as you are not barred from the Sites by applicable law and your access is not terminated by us. If these Terms of Use are not enforceable where you are located, you shall not use the Sites. Festool reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.

 

Under this license, you may download information from the Sites and print out a hard copy for your personal, non-commercial use, provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained thereon. Except as otherwise expressly stated herein, you may not modify, copy, distribute, display, reproduce, sell, license, or create derivative works from any Festool Content, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Festool or any applicable third-party suppliers. Any unauthorized use of the Festool Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.

 

Your Content

 

Some features on our Sites, either now or in the future, may allow you to post or submit communications and content on or through the Sites (“Your Content”). You will retain any intellectual property rights that you own in Your Content, but you automatically grant, or warrant that you and/or the owner of such content have/has expressly granted, to Festool a royalty-free, perpetual, irrevocable, worldwide, unlimited, non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display Your Content in any media or medium, or in any form, format, or forum now known or hereafter developed. We may sublicense these rights through multiple tiers of sublicenses. You are responsible for Your Content and acknowledge that, once published, we cannot always remove it.

 

We reserve the right, but shall have no obligation, to review Your Content and to remove it from, or refuse to publish it on, the Sites for any reason, including if such content violates these Terms of Use, as determined by us in our sole discretion. We shall have no liability to you or any other party with respect to any actions taken with respect to Your Content. At the same time, content posted to the Sites by other users is not necessarily reviewed, endorsed, or approved by Festool and, as such, we shall have no liability to you related to your use of or reliance on content posted to the Sites by other users. Your interaction with any such content is done entirely at your own risk.

 

Non-Confidentiality

 

Communications and content submitted on or through the Sites shall not be deemed confidential and Festool shall not have any obligation to keep any such material confidential. Festool shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products incorporating such information.

 

User Conduct

 

By using the Sites, you agree to not use the Sites in any manner that:

• Is designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs);
• Interferes with or disrupts the Sites, services connected to the Sites, or otherwise interferes with operations or services of the Sites in any way;
• Infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
• Consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• Causes Festool to lose (in whole or in part) the services of our Internet service providers or other suppliers;
• Links to materials or other content, directly or indirectly, to which you do not have a right to link;
• Is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by Festool in our sole discretion;
• Copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Sites or any portion thereof;
• Violates, or encourages anyone to violate these Terms of Use; or
• Violates, or encourages anyone to violate, any applicable local, state, national, or international law, regulation, or order.

 

We shall have the right to immediately terminate these Terms of Use and prohibit further use of the Sites (either temporarily or permanently) with respect to any user whose conduct we, in our sole discretion, consider to be unacceptable, or in the event of any actual or suspected breach by you of these Terms of Use.  IF YOU ARE A CONSUMER SUBJECT TO THE QUEBEC CONSUMER PROTECTION ACT, THE PRECEDING TERMINATION PROVISION DOES NOT APPLY TO YOU.

 

The following provisions shall survive any termination of these Terms of Use: Acceptance and Modification, Changes to the Sites, Ownership of the Sites, Your Content, Disclaimer of Warranties, Limitation of Liability, Indemnification, Links to Third-Party Sites, Dispute Resolution and Agreement to Arbitrate, and Miscellaneous, as well as any other parts of these Terms of Use that, either explicitly or by their nature, must remain in effect even after termination of these Terms of Use.

 

Prices and Payment Terms

 

The prices of the products available for purchase on the Sites are displayed in U.S. or Canadian dollars (depending on whether you have visited our U.S. or Canadian website). Prices are subject to change at any time and without any notice to you. Festool reserves the right to cancel any order that you have placed if we determine that the incorrect price was displayed at the time of your order. 

 

Festool only sells products to adults. If you are under the age of majority in your jurisdiction of residence, you may not make a purchase or provide any information via the Sites. If you wish to purchase any product from the Sites, you will be asked to supply certain information relevant to your order including, without limitation, your name, information about your method of payment (such as your payment card number and expiration date), your billing address, your phone number, and your shipping information. Your information will be handled in accordance with our Privacy Policy . As such, by making a purchase, you acknowledge that your personal information may be collected, stored or otherwise processed by us and/or third party service providers, including payment processors, for the purposes of facilitating the completion of your purchase. By submitting payment information and placing an order, you are authorizing us to immediately process and charge that payment method in connection with your order. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT METHOD UTILIZED IN CONNECTION WITH AN ORDER. We reserve the right to refuse or cancel any purchase in case we suspect fraudulent activity or an unauthorized or illegal transaction.

 

You agree to provide current, complete, and accurate information for all orders placed on the Sites. You agree to promptly update your account and other information, as applicable, so that we can complete your order and contact you as needed. By submitting any information in connection with an order, you grant to Festool the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of an order. Orders placed on the Sites will not be accepted and processed until after your method of payment has been verified and authorized by any necessary third parties.

 

Festool’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. We reserve the right to refuse service, terminate accounts, or cancel or modify orders in our sole discretion and shall have no liability to you other than refunding your order, if applicable. Without limiting the foregoing, we may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing phone number provided at the time the order was made. Further, purchase of our merchandise for resale purposes is not authorized. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized dealers, resellers or distributors, and to cease doing business with such customers, with no further notice.

 

You agree to pay all charges that may be incurred by you or on your behalf through the Sites, at the price in effect when your order is placed, including, without limitation, all shipping and handling charges. You remain solely responsible for any taxes that may be applicable to your orders. We are not responsible for out of the United States tariff fees. Please check your country’s tariff policies before ordering. In U.S. states where Festool does not collect or remit sales tax, purchases are not exempt from any applicable sales tax. Purchasers in those states are required to file the requisite sales or use tax returns and directly pay applicable taxes to the state. Additional information may be found on your state department of revenue website.

 

It is your responsibility to ascertain and comply with all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, and use of any item purchased from the Sites. By placing an order, you represent that the products ordered will be used only in a lawful manner. Any offer for any product or service made on the Sites is void where prohibited.

 

Order Confirmation, Shipment and Delivery

 

To help ensure that your package is properly delivered and you receive shipment within the time frame we advertise, please make sure your address is fully entered and correct. Use correct abbreviations and have spaces inserted properly; we do not take responsibility for any incorrect information. Shipping fees are non-refundable. If you refuse any shipments, you will be held responsible for the original shipping charges, plus the cost of returning the package to us. This amount will be deducted from your refund. If your tracking information states that your package was delivered and you have not received it, you must contact the delivery carrier (which will depend on the shipping method available to/selected by you) and address the issue directly with them.

 

Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Sites passes to the purchaser upon delivery to the carrier. Festool does not hold or accept responsibility for packages that have been stated as delivered by the carrier. We do not issue refunds or credits for packages that the carrier confirms as being delivered, unless you return the product in accordance with our applicable policies. Please see the “Returns or Exchanges” section below for more information.

 

Right to Cancel or Make Changes

 

You may cancel your order up until the time that it has shipped. Please reach out to us at the contact information provided in the “Contact Us” section below regarding whether you can cancel your order. If the order has not been shipped and you still wish to cancel, we will cancel and confirm via email and will proceed to issue a refund. Once an order (or any portion of an order) has shipped, you cannot cancel the order, but you can return the merchandise in accordance with our “Returns Policy”. You cannot make changes to an order after it has been placed. If you wish to make a change to an order not yet shipped, we suggest you cancel the order and submit a new order with the changes.

 

Returns or Exchanges

 

1. General Return Policy

 

We accept returns of products purchased on the Sites, provided that the product was not marked “final sale” (or similar) at the time of purchase and is returned in new and unused condition within 30 days. To be eligible for a return, you must ship the product back to us within 30 days of delivery to you. You agree that all determinations regarding the condition of returned products, and whether products are eligible under this Policy, are made by Festool in its sole discretion.

 

Customers are responsible for return shipping costs and for arranging all aspects of return shipping. When returning an item, you may choose to receive a refund of the original purchase price (minus initial shipping costs) or exchange the product for another product on the Sites. Customers are responsible for shipping costs for the new product received in exchanges. If the cost of the new product is less than the amount you originally paid, we will credit the difference to your original method of payment. Conversely, if the cost of the new product is more than the amount you originally paid, we will charge your original method of payment for the difference. By initiating an exchange, you authorize us to charge your original payment method in such cases.

 

To initiate a return or exchange, please reach out to us at the contact information available in the “Contact Us” section below.

 

1. Damaged Goods Policy

 

If a product has been damaged during shipping, you may begin a return for your damaged item(s) by reaching out to us at the contact information in the “Contact Us” section below for further instruction. Please note that we might require photos of damaged items for insurance purposes, to confirm the damage, and/or to improve our service in the future. To be eligible for a refund of damaged goods, you must contact us within 30 days of delivery, and you must return the goods to us within 30 days of receiving damage return approval.  

 

Unlike our General Return Policy, we will cover the cost of return shipping and will send you a return shipping label for returns made under this Policy. When you return a damaged item in accordance with the requirements of this section, you will receive a full refund to your payment method for the price of the item(s) (including initial shipping costs), provided that we reserve the right to inspect the product to confirm the damage. You agree that we shall have full discretion in such determinations. Assuming the return is accepted, a credit will be issued to the payment method that was used in the original purchase.

 

Product Information and Availability

 

Festool strives to be as accurate as possible and eliminate errors on the Sites, but there may be information on the Sites that contains typographical errors, inaccuracies, or omissions and they may relate to product descriptions, pricing, promotions, offers and/or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Sites at any time and without prior notice (including after you have submitted an order), at our sole discretion. In the event that any errors, inaccuracies, or omissions affect an order you have already placed, your sole remedy is to cancel, return, or exchange your order, in compliance with any applicable Festool policies. Festool reserves the right to cancel any such orders and provide a refund.

 

Certain products displayed on the Sites may have limited quantities and may not always be available in every size or color. The sale of the products shown on the Sites is subject to the product’s availability. While Festool makes its best efforts to keep the Sites up to date, some ordered items may be temporarily or permanently out of stock.

 

We strive to display the colors of our products as accurately as possible, but we cannot guarantee that your monitor’s or other device’s display of these colors will always be accurate. Minor differences in color and other variations in the products displayed on the Sites may be possible as a result of differences in display technologies or other technical reasons. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations. If a product offered on the Sites is not as described or pictured, or otherwise does not meet your expectations, your sole remedy is to return or exchange your order, in compliance with any applicable Festool policies.

 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations. If a product offered on the Sites is unavailable, is not as described or pictured, or otherwise does not meet your expectations, your sole remedy is to return or exchange your order, in compliance with applicable Festool policies.

 

Key Privacy Points

 

We respect your privacy and have taken specific steps to protect it. Your submission of personal information through the Sites is governed by our Privacy Policy. For ease of reference, we have provided the key points of the Privacy Policy:

 

We Collect a variety of personal information from you, depending on how you interact with our Site and services or otherwise communicate with us. This includes:

• Identifiers, such as name, postal address, Internet Protocol (IP) address, email address, and account name;
• Commercial information, such as records of products purchased, obtained, considered, or other purchasing or consuming histories or tendencies;
• Financial account information;
• Internet, technical, or other similar network activity, which may include usage and browsing history; device and network information, including device properties, the server you are logged on to, domain name of your internet service provider, browser type and version, or general geographic area associated with your IP address; weblogs; time zone; date; language preferences; browsers used; web addresses visited; other communication information; search history; pages visited; and information or recordings of your interaction with our Site;
• Inferences drawn from other personal information, such as a profile reflecting your preferences, interests, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes; and
• Other information as permitted or required by law.

 

We Use this information for the following purposes,

• To provide you with our products or services;
• To process payment transactions;
• To contact you in relation to our Site or services;
• To respond to your inquiries;
• To screen for potential risk or fraud;
• For internal research to improve our advertisements and marketing initiatives;
• To maintain or improve the quality, functionality, safety and security of our Site or services;
• To optimize and personalize your experience on our Site and with our services;
• To send you personalized content, information, brochures, coupons, samples, offers and other information on our Site;
• To deliver relevant advertising to you; and
• As otherwise permitted or required by law;

 

To learn more, click here.

 

We Disclose personal information with the following entities:

• Our affiliates as needed to perform services for us, which may include website hosting, marketing, fraud monitoring, email or mail delivery and administration, or data analysis;
• Our third party service providers which may include website hosting providers, fraud monitoring services, email or mail delivery and administration providers, advertising networks, operating systems or platforms, social networks, or data analytics providers;
• Other domestic or foreign promotional partners to jointly offer or provide products, services, contests, or promotions to our customers, or otherwise to enhance and personalize your experience;
• Parties to a prospective or completed business transaction in which we are involved (e.g. mergers, acquisitions, divestitures, bankruptcies, and sales of all or a part of our assets); and
• Other entities as permitted or required by law, such as law enforcement, courts, or national security entities.

 

 

We Protect your personal information both online and offline (to the extent that we maintain any personal information offline), as described in our full Privacy Policy below. However, perfect security does not exist, and we cannot guarantee the absolute security of your personal information.

 

To learn more, click here.

 

Additional Notices for Canadians

 

Your personal information may be transferred to, and processed in, countries outside of Canada, and accordingly, may be accessible to courts, law enforcement and national security authorities of those other countries. If you are located in Quebec, your personal information may be communicated and used outside of Quebec.

 

If you are located in Quebec, your personal information will be held on servers located in the United States and Ontario, Canada, where it will be accessible to personnel with a need to know the information in order to perform their duties, including members of our Customer Service and Finance departments.

 

If you are located in Alberta, you may contact the CEO of Festool Canada at privacy@festoolfanshop.com in order to obtain written information about our policies and practices with respect to service providers and affiliates outside of Canada, or to ask questions about the collection, use, disclosure or storage of personal information by such service providers and affiliates outside Canada.

You may have the right to access and rectify your personal information, and the right to withdraw consent to the collection, use, communication and disclosure of your personal information, subject to certain requirements and restrictions under applicable law.

 

Disclaimer of Warranties

 

TO THE FULLEST EXTENT PERMITTED UNDER LAW AND SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, THE SITES AND THE CONTENT ON THE SITES ARE PROVIDED "AS IS." FESTOOL MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITES OR THE CONTENT OR COMMUNICATIONS ON THE SITES, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITES, TO THE EXTENT PERMITTED BY LAW. FESTOOL DISCLAIMS IMPLIED WARRANTIES THAT THE SITES AND ALL SOFTWARE, CONTENT AND SERVICES, INFORMATION DISTRIBUTED THROUGH THE SITES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FESTOOL OR A REPRESENTATIVE SHALL CREATE A WARRANTY.

 

WE DO NOT GUARANTEE THAT THE SITES WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.

 

FURTHER, FESTOOL DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITES. UNDER NO CIRCUMSTANCES WILL FESTOOL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITES. 

 

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

 

Limitation of Liability

 

IF YOU ARE A CONSUMER SUBJECT TO THE QUEBEC CONSUMER PROTECTION ACT, THE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION DO NOT RELEASE FESTOOL FROM THE CONSEQUENCES OF ITS OWN ACTIONS OR THE ACTIONS OF ITS REPRESENTATIVES.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FESTOOL WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DAMAGES OR LIABILITIES, INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT OR DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH) ARISING WITH RESPECT TO YOUR USE OF THE SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OF OR INABILITY TO USE THE SITES, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SITES, OR (v) ANY OTHER MATTER RELATING TO THE SITES.

 

In addition, when using the Sites, information will be transmitted over a medium which is beyond the control and jurisdiction of Festool, its partners, advertisers, and sponsors or any other third party mentioned on the Sites. Accordingly, Festool assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Sites.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

 

EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND FESTOOL. YOU AGREE AND ACKNOWLEDGE THAT THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FESTOOL.

 

Indemnification

 

You agree to indemnify and hold Festool and our affiliates harmless from and against all liabilities, losses, claims, costs, and expenses (including reasonable attorneys’ fees) related to any claim, investigation, litigation or proceeding which arises or is alleged to have arisen from your misuse of the Sites or any breach by you of these Terms of Use. We reserve the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with us if and as requested by us in the defense and settlement of such matter.

 

Links to Third-Party Sites

 

The Sites may contain links to other websites. If you use these links, you are leaving the Sites. These sites are not operated, controlled, or maintained by Festool and Festool is not responsible for their availability, content, or security. Such sites may be subject to their own terms and conditions of use and privacy policy, which we recommend that you review. Links to other sites are provided for your convenience only. Festool makes no representations whatsoever about any other website you may access through the Sites and disclaims all liability with regard to your access to such linked websites. If you access any of the third party websites linked to the Sites, you do so at your own risk. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods, or services available on external websites. Any concerns regarding any product or service offered by a website to which the Sites are linked or the link itself should be directed to the operator of that specific website and not to Festool.

 

Dispute Resolution and Agreement to Arbitrate

 

By using the Sites, you and Festool agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites or the breach, enforcement, interpretation, or validity of these Terms of Use or any part of them (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:

 

• Notice to Festool: You must send notice (1) by electronic mail to orders@festoolfanshop.com and (2) by first-class or certified mail or nationally recognized overnight courier to Festool at 400 N. Enterprise Blvd. Lebanon, IN 46052 United States of America

 

• Notice to You: We will send notice by (1) first class or certified mail or nationally recognized overnight courier to the physical address we have on file for you (if any) and (2) by electronic mail to the email address we have on file for you (if any). If we do not have a physical or email address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by any reasonable means.

 

Both you and Festool agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.

 

IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.

 

All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services (JAMS) (www.jamsadr.com) if you are a resident of the United States or to the Canadian Arbitration Association (CAA) (https://canadianarbitrationassociation.ca/) if you are a resident of Canada, for binding arbitration under the rules then in effect by the applicable arbitration organization (as modified by this agreement to arbitrate), before one arbitrator to be mutually agreed upon by both parties. For U.S. residents, the arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) if it is determined by JAMS or the arbitrator that these standards are applicable to the Dispute. The location of any hearings will be determined by the applicable arbitration rules, provided that, if the claim is for $10,000 or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance based hearing by teleconference or videoconference.

 

The arbitrator, and not any federal, state, provincial, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use, including any claim that all or any part of these Terms of Use are void or voidable. For the avoidance of doubt, you and Festool agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this agreement to arbitrate or the arbitrability of any claim or counterclaim. The arbitrator may award (on an individual basis) any relief that would be available in a court. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

 

Notwithstanding the foregoing, in lieu of arbitration, either you or Festool may (1) bring an individual claim in small claims court in the United States (for U.S. residents) or Canada (for Canadian residents) consistent with any applicable jurisdictional and monetary limits that may apply and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights, provided that any such claim is brought and maintained on an individual basis.

 

If you are a Quebec consumer as the term is defined under the Consumer Protection Act (CQLR c P-40.1), the above provision does not apply to you.

 

Governing Law and Jurisdiction

 

For U.S. residents, these Terms of Use are governed by the laws of the United States (including federal arbitration law) and the state of Indiana, without giving effect to any conflict of laws principles. For Canadian residents, these Terms of Use are governed by the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to any conflict of laws principles.

 

Except for disputes or claims properly lodged in a small claims court in the United States (for U.S. residents) or Canada (for Canadian residents), any dispute or claim not subject to the arbitration agreement set forth above shall be brought and resolved by a court located in the state of Indiana (if you are a U.S. resident) or the province of Ontario (if you are a Canadian resident), and you agree and submit to the exercise of personal jurisdiction by such courts for the purpose of litigating any such claim or action. You further agree that any such claims will be brought and maintained solely on an individual basis and not as part of any class, consolidated, collective or representative capacity, and that you waive your right to a jury trial with respect to any such action.

 

If you are a Quebec resident, these Terms of Use shall be governed and interpreted in accordance with the laws of the Province of Quebec and the applicable federal laws of Canada, and any dispute or claim shall be brought and resolved by the courts of the Province of Quebec, judicial district of Montreal.

 

You and Festool acknowledge that these Terms of Use evidence a transaction involving interstate commerce. Any arbitration conducted pursuant to these Terms of Use shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) (if you are a U.S. resident) or the Commercial Arbitration Act (R.S.C., 1985, c. 17 (2nd Supp.)) (if you are a Canadian resident). The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Use.

 

Miscellaneous

 

1. No waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If Festool does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Festool has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of Festool’s rights, and all such rights or remedies shall still be available to Festool.
2. Titles and Headings. Titles and headings to sections herein are inserted for the convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of these Terms of Use.
3. Severability. If any provision of these Terms of Use is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.
4. Entire Agreement. These Terms of Use and any Additional Rules set forth the entire understanding and agreement between us with respect to your use of the Sites.
5. Assignment. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction.
6. No Relationship. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Festool.
7. Notice to California Residents. You may reach Festool at the contact information provided below in the “Contact Information” section below. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

Contact Information

 

You may contact us in the following ways:

• Order Information: orders@festoolfanshop.com
• Privacy Information: privacy@festoolfanshop.com
• Mailing Address: 400 N. Enterprise Blvd. Lebanon, Indiana 46052, United States of America
• Phone: [USA] 1-888-337-8600  or [Canada]  855-784-9727

 

Please note that both the English and French versions of these Terms have equal legal value.

The French version of these Terms of Use is available upon request.

 

Veuillez noter que les versions anglaise et française de ces conditions d’utilisation ont la même valeur juridique. La version française des conditions d’utilisation est accessible ici.