These Terms and Conditions govern your purchase of products from Monster, Inc. and/or Monster, LLC ("Monster"), and are subject to change from time to time. IF YOU DO NOT ACCEPT THE TERMS CONTAINED IN THESE TERMS AND CONDITIONS OF SALE, PLEASE DO NOT SUBMIT AN ORDER.
Products, Prices and Taxes
Prices and Products are subject to change at any time unless and until Monster, at its sole discretion, accepts an order specifying certain prices and Products. Monster may revise and/or discontinue Products at any time. Monster® Products are new unless specified as refurbished or otherwise. Prices do not include any sales, local, or other similar taxes. Where applicable, taxes will be shown on and added to your invoice; all such taxes shall be paid by you.
Orders and Acceptance
All Monster® Store orders placed by you are non-cancelable and subject to acceptance by Monster. Monster reserves the right to reject any order you place with us, and/or to limit the quantities on any order. Notwithstanding any order confirmation or other communications sent by Monster, your order shall not be deemed accepted by Monster until Monster's shipment of the Products ordered. Your submission of your order shall constitute your full acceptance of these Terms and Conditions of Sale.
Unless otherwise noted, the purchase price of Products, include applicable tax, shipping and handling, will be billed in full at time of checkout. Monster accepts MasterCard, Visa, American Express and PayPal. Monster does not accept cash, COD, purchase orders, or personal checks. If denied, a pending authorization for the attempted amount may appear on your account and will drop off within 1-5 business days.
In the unlikely event that a price stated in the Monster® Store is incorrect, then the following applies: If a Product's actual price is lower than our stated price, we will charge you the lower price and ship you the Product. If a Product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Monster shall not be liable for any billing errors unless you advise us of such billing error within sixty (60) days of its transaction date.
Applicable Sales Tax
Monster will charge you applicable sales tax for your purchase(s). Currently, Monster charges state sales tax for Monster® Store customers in California, Florida, Illinois, Massachusetts, Michigan, Minnesota, New York, Nevada, New Jersey, Pennsylvania, Tennessee, Texas, and Washington. The list of applicable state sales tax is subject to change.
Please allow 1-2 business day handling time for your order(s). All Products will ship via your choice of Standard Ground, Express (3-day), or Overnight shipping service with a signature required upon delivery. Your order may ship in multiple shipments, depending on which warehouse the Product(s) are located in. Shipping and handling charges will be added to your order, based on the amount and weight of your purchase. Free Standard Ground shipping is available on any purchase. If you are outside the U.S. please follow the international checkout link. Additional fee may apply refer to shipping information for international offers.
Shipping and Handling/Risk of Loss/Title
Product prices do not include shipping and handling. Monster will use its discretion in selecting a reputable carrier and appropriate means of shipment. Risk of loss or damage to Product(s) in transit is yours. In the event of Product damage or loss during transit, it is your responsibility to file a claim with the carrier. Title to Product(s) passes from Monster to you upon shipment from (FOB) Monster's facility, wherever that may be.
Coupons & Promotional Codes
If specifically deemed applicable to your purchase from the Monster® Store, coupons and promotional codes are non-transferable, may only be used once and may not be redeemed for cash or credit. If you have questions regarding a coupon or promotional code, please call 1-877-800-8989. Coupon/promotional code programs may be terminated or modified by Monster at any time in its sole discretion.
All Products purchased directly from the Monster Store sold with a 30 day satisfaction guarantee. If you have received damaged, defective or incorrectly shipped merchandise please notify Customer Service within thirty (30) days. The RMA number may be obtained by calling Monster's Customer Service Department at 1-877-800-8989 or online at http://www.monsterproducts.com/service/, and must be noted on the outside of the returned Product's shipping container. Products which are sold as refurbished, special deals, blemished/damaged, or otherwise noted are not eligible for return. Products must be returned in the original packaging, accompanied by your original sales receipt. Shipping and handling charges are not refundable. Damage and missing part restocking fees may apply. RMA numbers are valid for fourteen (14) days from issuance. You are responsible for and must prepay all shipping charges and you shall assume all risk of loss or damage to Product while in transit to Monster. If you return Product to Monster (i) without a RMA number, (ii) beyond the fourteen (14) day issuance period, or (iii) without proper packaging, Monster retains the right to either refuse delivery of such return or charge you a restocking fee. Please allow up to eight (8) weeks for Monster to credit your account.
Monster makes no warranties except those stated in the Monster limited warranty cards accompanying the Products. MONSTER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT.
Limitation of Liability
BOTH YOURS AND MONSTER'S LIABILITY SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. IN NO EVENT SHALL EITHER YOU OR MONSTER BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THESE TERMS OF SALE, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE , OR OTHERWISE. NEITHER YOU NOR MONSTER SHALL HAVE ANY LIABILITY TO THE OTHER FOR INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Governing Law/Waiver of Jury Trial
These Terms and Conditions of Sale and all purchases hereunder shall be governed by and construed under the law of the State of California, without regard to conflicts of laws rules. You agree that the courts of California shall have exclusive jurisdiction over the parties for all disputes. Venue shall lie exclusively and only in either (i) San Mateo County, State of California; or (ii) the Northern District of California of the United States District Court. THE PARTIES HEREBY WAIVE TRIAL BY JURY WITH RESPECT TO ANY DISPUTE RELATING TO THESE TERMS OF SALE OR YOUR ORDER.
Monster shall not be liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of Monster. Quantities are subject to availability. In the event of shortage, Monster may allocate sales and deliveries in its sole discretion.
Failure of Monster to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. If any provision of these Terms and Conditions of Sale is deemed by a court to be unenforceable, the remainder shall stay in effect.
Monster is the owner of all intellectual property rights in relation to this Monster® Store site and its content (including, but not limited to, all trademarks and copyright). Except as permitted herein, no part of the Monster® Store may be reproduced, displayed, copied, translated, adapted, downloaded, broadcast, used or republished in any form including (without limitation) distribution, or storage in a system for retrieval. Permission is granted to electronically copy and to print in hard copy portions of the Monster® Store for the sole purpose of using the Monster® Store as a private, non-commercial information resource, provided that all copyright notices are included and no alterations or additions are made to the content. Any other use of material on the Monster® Store, including reproduction for purposes other than those noted above, modification, distribution or republication without the prior written consent of Monster is strictly prohibited.
The trademark "MONSTER" and any other product names, service names or logos of MONSTER used, quoted and/or referenced in the Monster® Store are trademarks or registered trademarks of Monster, Inc., or its subsidiaries in the United States and other countries. Other product names and/or company names used in the Monster® Store may be trademarks of their respective companies.
Coupon Code Information
Each coupon is identified by a Coupon Code and has different requirements and rewards. Please check your coupon — all requirements stated on the coupon must be met to receive the discount. Coupon values are as specified on the coupon. Coupons are intended for single use only. Coupons are redeemable only for purchase of designated products purchased on the Monster ecommerce sites, and shipped within the United States. At times, coupons may be limited to one specific site; please check your coupon to verify which site(s) the coupon applies to. A coupon cannot be used to pay for taxes, shipping and handling, or other charges. If your coupon has a minimum purchase requirement, taxes, shipping and handling, and other charges do not apply towards the minimum purchase amount. Each coupon is valid for a limited time only and expires on the date specified in the offer. The coupon has no cash value. Coupons are not for resale and are not redeemable for cash. Coupons may not be combines with any other promotion. Coupons cannot be replaced if lost, stolen, or deleted. The discount described in the coupon will be applied to your order at checkout. If a coupon is used and your entire order is cancelled or rejected, or if you return all items in your order, you will be refunded the actual amount paid and your coupon will no longer be valid. If a coupon is redeemed on a multiple item order, the value of the coupon is divided or allocated equally between those items. If one of those items is cancelled, rejected, or issued either a full or partial refund, the coupon savings cannot be transferred to the remaining items in the order. Monster reserves the right to change or cancel coupons at any time for any or no reason. Void where prohibited. © 2015 Monster, Inc. All rights reserved.