Legal

Privacy Statement

Privacy & Cookie Policy

1. Introduction

This Privacy & Cookie Policy details how we, Mighty Audio Inc at 707 Coeur D Alene Avenue, Venice, California, 90291, United States, collect, use and process personal data provided to us.  If you have any questions on this Privacy & Cookie Policy or otherwise relating to how we process your personal data you can contact us at heyo@bemighty.com.

This Privacy & Cookie Policy affects your legal rights and obligations so please read it carefully. If you do not agree to be bound by this Privacy & Cookie Policy, please do not provide your personal data to us.  

We may update this Privacy & Cookie Policy from time to time at our discretion and in particular to reflect any changes in applicable laws. If we do so, and the changes substantially affect your rights or obligations, we shall notify you if we have your email address. Otherwise, you are responsible for regularly reviewing this Privacy & Cookie Policy so that you are aware of any changes to it.

We are the controller of the personal data provided to us.

2. Whose personal data do we collect?

By ‘personal data’ we mean identifiable information about you, such as your name, email address, telephone number, date of birth, address, billing address, payment details and your IP address.

We will collect your personal data in a number of ways:

• when you make an enquiry, provide feedback or otherwise contact us with a question or comment;
• through your creation of your account;
• when you purchase a product from us;
• when you subscribe to our marketing database
• when you engage with us on social media;

• when you provide a review or testimonial to us.

You do not need to provide us with any personal data to view our website.    However, we may still collect certain information automatically when you use our website, and we may still send you marketing communications.   

When you contact us by email or post, we may keep a record of the correspondence and we may also record any telephone call we have with you.

When you use our website, we automatically collect and store information about your device and your activities. This information could include (a) technical information about your mobile device such as type of device, web browser or operating system; (b) your preferences and settings such as time zone and language; and (c) how long you used the website and which services and features you used. We do this in accordance with the Cookies policy set out below.

We also allow advertisers and advertising networks to collect information about your computer or mobile device, activities, and geographic location to enable them to display targeted ads to you and provide us with anonymous information about our users’ behaviour.  Again, this takes place through the use of cookies in accordance with the Cookie section of this policy.

3. Lawful use of your personal data

We will only use your personal data where we have a lawful basis to do so.  The lawful purposes that we rely on under this Privacy & Cookie Policy are:

• consent (where you choose to provide it),
• performance of our contract with you;
• legal compliance; and
• legitimate interests.    When we refer to legitimate interests we mean our legitimate business interests in the normal running of our business which do not materially impact your rights, freedom or interests.

We use your personal data to allow you to access our website and to process any purchase you make in accordance with our Terms & Conditions.    

We use your personal data to comply with any legal obligations, demands or requirements, for example, as part of anti-money laundering processes or to protect a third party’s rights, property, or safety.

We may also use your personal data for our legitimate interests, including managing our relationship with you, dealing with any customer services you require, for audit purposes, to contact you about changes to this Privacy & Cookie Policy, to manage any promotions we may run.

4. Who do we share your data with?

For our legitimate interests, we may share your personal data with any service providers, sub-contractors and agents that we may appoint to perform functions on our behalf and in accordance with our instructions, including payment providers, IT service providers, customer support services, accountants, auditors and lawyers.    We shall provide our service providers, sub-contractors and agents only with such of your personal data as they need to provide the service for us and if we stop using their services, we shall request that they delete your personal data or make it anonymous within their systems.

In order to comply with our legal obligations, under certain circumstances we may have to disclose your personal data under applicable laws and/or regulations, for example, as part of anti-money laundering processes or to protect a third party’s rights, property, or safety.

For our legitimate interests, we may also share your personal data in connection with, or during negotiations of, any merger, sale of assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company.

5. Where we hold and process your personal data

Some or all of your personal data may be stored or transferred outside of the European Economic Area (the EEA) for any reason, including for example, if our email server is located in a country outside the EEA or if any of our service providers are based outside of the EEA.  

If we do store or transfer your personal data outside the EEA, we will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the EEA and under applicable laws.

6. Security

We shall process your personal data in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage. We do this by using appropriate technical or organisational measures, for example, all information you provide to us is stored on our secure servers and our employees are required to comply with all applicable data protection laws.  Notwithstanding our efforts, you acknowledge that no system can be completely secure. Therefore, although we take these steps to secure your personal data, we do not promise that your personal data will always remain completely secure.  

7. Marketing

We may send to you emails about our products and services if you consent. You can choose to no longer receive emails from us by notifying us at [ ] or clicking unsubscribe from an email. We shall therefore retain your personal data in our records for marketing purposes until you notify us that you no longer wish to receive emails from us.  Please note, even if you do unsubscribe from marketing emails, we will still contact you for our legitimate interests in relation to your access to our website. In addition, you acknowledge that it may take a few days for us to update your preferences on our system.

8. Your rights

You have a number of rights under applicable law.  To exercise any of these rights, please email us at heyo@bemighty.com.

You have the right to obtain from us a copy of the personal data that we hold for you or request that we transfer your personal data to another service provider.  

You can also require us to correct errors in the personal data that we process for you if it is inaccurate, incomplete or out of date.    

You also have the right at any time to require that we delete your personal data that we hold for you.

At any time, you can withdraw your consent to receive our marketing emails.

Please note, we reserve the right to charge an administrative fee if your request in relation to your rights is manifestly unfounded or excessive. If you have any complaints in relation to this Privacy & Cookies Policy or otherwise in relation to our processing of your personal data, please us. We shall review and investigate your complaint and try to get back to you within a reasonable time.  You can also contact the Information Commissioner, see www.ico.org.uk or if you are based outside of the United Kingdom, please contact your local regulatory authority

9. Retention of personal data

We retain your personal data in accordance with applicable laws.   Our current practice is to retain your personal data for 2 years from the last date that you purchased products from us, or for as long as you remain on our marketing database. However, if we are required to do so by applicable legal, tax or accounting requirements we may retain your personal data for a longer period. Following such period, we shall make sure it is deleted or made it anonymous within our systems.

10. Cookies  

A cookie is a small text file containing a unique identification number that is transferred (through your browser) from a website to the hard drive of your computer. The cookie identifies your browser but will not let a website know any personal information about you, such as your name and/or address. These files are then used by websites to identify when users revisit that website. Cookies placed in your browser’s memory are called session cookies and cookies placed on your computer’s hard drive are called persistent cookies. Session cookies are deleted when you close your browser, while persistent cookies remain on your hard drive, even after closing your browser. Session cookies are generally used to improve the user experience when using a website. Persistent cookies are generally used to store user preferences  between browser sessions.

We use cookies to ensure that you get the most out of our website. You can delete cookies at any time or you can set your browser to reject or disable cookies. However, if you use your browser settings to block all cookies you may not be able to access all or parts of our site. For more information about how to reject cookies using your internet browser settings please consult the “Help” section of your internet browser (or alternatively visit http://www.aboutcookies.org).

Our website uses a first party cookie to store information on the pages that you visit while browsing our website. The cookie is stored for 30 days. Our website uses the following third party cookies:

• Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the website and ways that we can improve your experience. This cookie collects information anonymously and generates reports detailing information such as the number of visits to the system, where visitors generally came from, how long they stayed on the system, and which pages they visited. They place several persistent cookies on your computer’s hard drive.  It does not collect any personal data. If you do not agree to this you can disable persistent cookies in your browser. This will prevent this third party cookie from logging your visits.

We also use social media buttons and/or plugins on our site that allow you to connect with your social network in various ways. For these to work the relevant social media sites (Twitter, Facebook and Google +) will set cookies through our website which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.

11. General

If any provision of this Privacy & Cookie Policy is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect. This Privacy & Cookie Policy shall be governed by and construed in accordance with the law of England and Wales, and you agree to submit to the exclusive jurisdiction of the English Courts.

Last updated: June 7, 2019

Terms and Conditions

1. Introduction

1.1 This website (the Site) is owned and operated by Mighty Audio Inc at 707 Coeur D  Alene Avenue, Venice, California, 90291, United States (we, us). By using the Site and purchasing products on the Site you agree to be bound by these terms and conditions (the Terms) and the privacy & cookie policy accessible in the Site (the Privacy Policy). The Terms and the Privacy Policy affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by these Terms and/or the Privacy Policy, do not use the Site or purchase products from the Site. If you have any questions, you can contact us at heyo@bemighty.com.

1.2 We reserve the right to update these Terms from time to time at our discretion. If we do so, the updated version will be effective as soon as it is accessible. We recommend that you review these Terms before every purchase that you make.

2. Products

2.1 You must be at least 18 years old to buy products on this Site.  Proof of identity may be required.

2.2 We try to display the colours of our products accurately on the Site. However, the actual colours you see will depend on your device and we cannot guarantee that your device's display of any colour will accurately reflect the colour of the product on delivery.

2.3 All products are subject to availability. We will inform you as soon as possible if the product you have ordered is not available and we may offer an alternative product of equal or higher quality and value.

2.4 Packaging may vary from that shown on the Site.

2.5 You may only purchase products on this Site as a consumer.  If you are a business or trader wishing to purchase the products for commercial re-sale or otherwise, please contact us art heyo@bemighty.com.

3. Price, Payment and Delivery

3.1 You must make sure that all information you provide to us, including email and delivery address is accurate. We will not refund you or deliver replacement products if we have delivered the products to the address you provided to us – even if you have not given us your correct address.

3.2 Your order constitutes an offer to purchase products from us, and does not form a binding contract until accepted by us.  On receipt of your order, we will send you an order acknowledgement email to the email address provided by you in the order process.  This order acknowledgement email will contain your order number and details of the products ordered. This email is an acknowledgement of receipt of your order.  It is not an acceptance by us of any offer to purchase products.

3.3 An offer made by you to purchase a product shall be accepted by us only when we dispatch that product to you and send you an order dispatch email that includes details of the process. We reserve the right to refuse any offers in an order before acceptance. If a product is not available we will include details of the unavailable product in the order dispatch email.

3.4 The prices payable for products and the costs of delivery are set out on the Site.  We reserve the right to change the prices and costs of delivery at any time, but any change will not affect an order that we have already received.

3.5 We will use all reasonable endeavours to deliver in accordance with the delivery timescale you select, but we do not promise that your products will arrive in such timescale.

3.6 Products for delivery overseas may be subject to additional charges such as import duties and taxes, which are levied once the products reach the specified destination. We have no control over these charges and cannot predict what they may be.  You are responsible for such charges and so we recommend that you contact the local customs office for further information as to the amount of such charges (if any). Please also note that products for delivery overseas may be opened and inspected by customs authorities.

4.Cancellation and Returns

4.1 You may cancel your contract with us for the products you order at any time up to 14 days from the date you receive the products. To cancel your contract you must notify us in writing clearly stating the following: your name, geographical address and order number. You can notify us by email to heyo@bemighty.com.  Once you have cancelled the contract, you must take reasonable care of the products whilst they are in your possession. You must send the products back to us at 707 Coeur D Alene Avenue, Venice, California, 90291, United States at your own cost and risk within 14 days of the notice to cancel.

1. We strongly recommend that you send your products back to us via a recorded post service and obtain a certificate of posting.  We will not refund you if we do not receive the returned products unless you can provide documentary evidence that you returned the products in accordance with these Terms. Please also make sure you package the products appropriately to avoid damage.
2. We will refund any sums paid for the products returned and, if you return the whole (not part) of the order, we will refund the delivery costs you paid up to the price of standard delivery.
3. If you do not return all of the products that you have cancelled, or you do not pay the costs of returning them to us, or the products are damaged whilst in your possession or during the course of returning the products, we shall be entitled to deduct from the amount to be refunded to you the direct costs of recovering the products or to reflect the loss or damage to the products.
4. The provisions of this section do not affect your statutory rights.  We are under a legal duty to supply products that are a satisfactory quality, fit for purpose and as described.  If the products we deliver are not what you ordered or do not comply with these requirements, please let us know and we will either (a) replace any products; or (b) refund to you the amount paid by you for the products in question. You must return the products to us as soon as possible after informing us that the products do not comply with these requirements and should not wear the products or attempt to repair them.  Please note that if a fault in the products is discovered 6 months or more after delivery, it is up to you to prove that the fault was there at the time of delivery.

We cannot process VAT refunds for international customers, although you may be able to recover VAT costs by contacting your local customs bureau directly.

5.Cancellation by us

5.1 We reserve the right to cancel the contract between us if (a) we have reason to believe that you are not at least 18 years old; (b) we have insufficient stock to deliver the products you have ordered; (c) we do not deliver to your area; or (d) one or more of the products you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
If we do cancel your contract we will notify you by e-mail and will refund you all sums paid by you but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

6. Liability  
6.1 Nothing in these Terms is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you which cannot be excluded by English law.  
To the maximum extent permitted by law (a) we disclaim all liability whatsoever, whether arising in contract, tort (including negligence) under statute or otherwise in relation to the Site and (b) all implied warranties, terms and conditions relating to the Site whether implied by statute, common law or otherwise are excluded.  

7. Use of the Site

7.1 The Site is made for your own, personal use.  You must not try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site and/or reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site save to the extent expressly permitted by law.

7.2 The copyright in all material contained in the Site including all information, data, text, images and software is owned by or licensed to us. All rights are reserved

7.3 The Site may contain links to websites or apps operated by third parties.  We do not have any influence or control over any such third party websites or apps and we are not responsible for and do not endorse any third party websites or apps or their availability or content.

7.4 We accept no responsibility for adverts contained within the Site. If you agree to purchase products and/or services from any third party who advertises on the Site, you do so at your own risk. The advertiser, and not us, is responsible for such products and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.

7.5 We will use reasonable endeavours to make the Site available to you at all times.  However, there may be occasions when access to the Site may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.  We reserve the right to remove any products, content or features from the Site at any time and for any reason

8. General

8.1 These Terms and the Privacy Policy (as amended from time to time) constitute the entire agreement between you and us concerning your use of the Site.

8.2 If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.

8.3 Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

8.4 If you have any complaint or wish to raise a dispute under these Terms or otherwise in relation to the products please follow this link http://ec.europa.eu/odr

8.5 These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.