Terms of service
Effective 17 September 2026 · Last updated 17 September 2026
Summary of key terms
Key terms, please review before placing an order.
1. Who you are buying from. Smooth Labs is a brand of BIGBRO LLC. We are the seller and merchant of record for every order. Payment is processed by Shopify Payments and its payment processor. They do not sell the products and do not decide product disputes — for anything concerning your order, contact us.
2. Shipping and import charges. The shipping basis for your destination is stated at checkout. Where an order ships internationally on DAP terms, you act as the importer of record and are responsible for import duties, VAT and other Import Charges. Where DDP or domestic shipping is stated, those charges are as shown at checkout (Section 5).
3. Basis of supply. Products are supplied "as is", without warranty, except where mandatory law provides otherwise (Section 6).
4. Resolution of disputes. Outside the European Union, disputes are resolved by individual binding arbitration, and class actions and jury trials are waived (Section 16). A thirty-day opt-out is available.
5. Consumers in the European Union and EEA. The Consumer Annex sets out your statutory rights and prevails over any conflicting provision.
1. Who we are
Brand: Smooth Labs
Legal entity: BIGBRO LLC
Registered address: 1209 Mountain Road PL NE STE R, Albuquerque, NM 87110
Company registration number: 0008112249
Smooth Labs is a brand of BIGBRO LLC. These Terms of Service ("Terms") are a binding agreement between you and BIGBRO LLC, trading as Smooth Labs ("Smooth Labs", "we", "us", "our"). They govern your access to and use of this website (the "Site"), the goods and any digital content offered on it (the "Products"), and all related services.
By accessing the Site, creating an account, placing an order or clicking any control indicating acceptance, you accept these Terms together with our Return & Refund Policy, Shipping Policy, Privacy Policy and Legal Notice.
Order of precedence. The Consumer Annex prevails where you are a consumer resident in the European Union or the EEA, to the extent of any conflict. Section 13 prevails for business purchases. These Terms prevail over our other policies in all other cases.
Territory. We ship to the destinations shown at checkout. We do not offer, sell or ship to customers in the United Kingdom, and any order placed for delivery there will be cancelled and refunded.
2. How your order is processed
2.1 We are the merchant of record. We are the seller of the Products and the merchant of record for every transaction. We are solely responsible for the Products, their description, pricing, delivery, support, returns and refunds, and for determining and remitting any tax that applies to the sale.
2.2 Payment processing. Payments are processed by Shopify Payments and its payment processor. They provide payment-processing services only. They are not the seller or supplier of the Products, do not offer dispute rights to customers, and do not investigate or resolve disputes about a product or order. Every question about an order, a product, delivery, a return or a refund is handled by us.
2.3 Card statements. Our billing descriptor is shown at checkout and appears on your card or bank statement. If you do not recognise a charge, please contact us before raising a dispute — we can identify the order quickly.
2.4 Card data. We do not receive or store your full card number, CVV or bank details. Card data is captured and processed directly by our PCI-DSS compliant payment processor.
3. Our commitments
We operate this store on the following basis, and you may rely on it:
3.1 Lawful products only. We do not offer any product or service that is unlawful in the markets we serve, that appears on our payment provider's prohibited or restricted business categories, or that facilitates violence or self-harm. We do not make unsubstantiated therapeutic, curative or health claims. Our Products are cosmetics. They are intended to cleanse, condition, style or improve the appearance of hair and skin, and are not intended to diagnose, treat, cure or prevent any disease or medical condition.
3.2 Accurate listings and pricing. Every listing states the product, its price and the shipping basis before you buy. We honour listed prices for orders we accept, subject to Section 4.3.
3.3 Support and refunds are ours. We provide customer support for every order, and we alone decide refunds and returns under our Return & Refund Policy.
3.4 No surcharging. We do not impose any surcharge on a customer for using an eligible payment method where that is prohibited by law.
3.5 Receipts. You receive an order confirmation containing the information required by applicable law and card network rules.
4. Eligibility and orders
4.1 Age and capacity. You must be at least 18, or the age of majority where you live if higher, and legally able to contract. If you are under that age, a parent or guardian must place the order for you and accepts these Terms on your behalf. You represent that your purchase, import, possession and use of the Product is lawful where you live.
4.2 Offer and acceptance. Your order is an offer to purchase. Our order confirmation acknowledges receipt only and is not acceptance. A contract is formed only when we dispatch the Products, and only for the items dispatched.
4.3 Errors and refusal. We are not obliged to sell at an incorrect price or on an incorrect description, even after order confirmation. We may refuse, reduce or cancel any order without liability, including for unavailability, suspected resale, fraud or sanctions screening flags, unserved destinations, exceeded quantity limits, or pricing error. On cancellation of a charged order, our sole liability is to refund the amount charged.
4.4 Accurate details. You must give a complete and accurate delivery address, recipient name, contact details and any identification number required for customs clearance. We have no liability for loss, delay, misdelivery, seizure or storage charges caused by details you supplied that were incorrect or incomplete.
4.5 Personal use only. Products are sold for personal, non-commercial use. Purchase for resale, wholesale, distribution, export or commercial deployment without our prior written agreement terminates every remedy and return right and is governed by Section 13.
4.6 Sanctions. You represent that you are not located in, and are not a national or resident of, any country or region subject to United States sanctions, and that you are not a restricted party. You may not re-export or divert any Product in breach of applicable law.
5. Shipping, import charges, title and risk
5.1 The shipping basis is stated at checkout. One of the following applies to your destination, and that statement forms part of your contract: (a) International — DAP (Delivered at Place, Incoterms® 2020), the default for international orders; (b) International — DDP (Delivered Duty Paid), only where expressly stated; or (c) Domestic shipping, where no customs frontier is crossed. If nothing is stated for an international destination, DAP applies.
5.2 DAP — you are the importer of record. Where DAP applies, you are the importer of record, or you appoint the carrier, customs broker or postal operator as your agent to clear the goods and advance charges on your behalf. You bear all Import Charges — customs and import duty; import VAT, GST or equivalent; excise, environmental, anti-dumping and safeguard duties; clearance, brokerage, disbursement and handling fees; postal and courier administrative fees; and storage, quarantine and examination charges — except any tax we are legally required to collect at checkout, which is shown separately there. Import Charges are payable in addition to the checkout total and are usually collected by the carrier before or at delivery. We do not quote, estimate, absorb, advance, reimburse or refund Import Charges. Duty-free and low-value import thresholds have been reduced or withdrawn in many markets, so you should assume duties and import taxes will apply.
5.3 DDP. Where DDP is stated, we pay the import duties and taxes shown at checkout and no further Import Charges are payable at delivery for those items. Charges outside that scope — storage, redelivery, remote-area surcharges and charges arising from an incorrect address — remain yours. Duties and taxes we prepaid are not refundable on a return, except where a statutory right requires it.
5.4 Domestic orders. No customs entry arises. Sales tax or VAT is charged at checkout where we are required to collect it.
5.5 Customs data. You authorise us and our carriers to disclose to customs authorities, brokers and postal operators your name, address, contact details, any required identification number, the order value, the goods description and their tariff classification.
5.6 Lawfulness of import. Standards, certification, marking, labelling, ingredient, licensing and disposal rules differ by country. You are responsible for satisfying yourself that the Product may lawfully be imported into, possessed, used and disposed of in your country for your personal use. Except where the Consumer Annex or another mandatory rule applies, we make no representation that a Product conforms to the requirements of any country other than the market for which it is designated.
5.7 Customs delay and seizure. We are not liable for customs delay, inspection, refusal of entry, seizure, confiscation, quarantine, forfeiture or destruction, or for any fine imposed on you as importer. Where a shipment is delayed, seized, destroyed or returned because Import Charges were unpaid, because of information you supplied, or because of the legal status of the goods in your country, no refund, replacement or credit is due.
5.8 Refused and undeliverable parcels. If you refuse delivery, fail to pay Import Charges, fail to collect within the carrier's holding period, or supply an undeliverable address, outbound shipping, return shipping, Import Charges, brokerage, storage, handling and destruction costs actually incurred may be deducted from any refund, and where those exceed the amount paid, no refund is due. Refusing delivery to avoid Import Charges is a breach of these Terms and is not a valid cancellation, return or withdrawal.
5.9 Delivery estimates. Any delivery estimate we publish in our Shipping Policy, at checkout, through a carrier or in correspondence is an estimate only, is not guaranteed and does not form part of the contract. We are not liable for any loss arising from the time taken to deliver, including missed occasions or deadlines. Where required by law, if we cannot dispatch within 30 days we will notify you and offer cancellation with a full refund.
5.10 Title and risk. Title passes on payment clearing. Risk of loss passes on handover of the goods to the first carrier, except where the law of your country requires risk to pass only on physical possession (see the Consumer Annex). Where you nominate a carrier or freight forwarder that we do not offer at checkout, risk passes on handover to that carrier in all cases, and claims lie against that carrier alone.
5.11 Forwarding addresses. Shipments to freight forwarders, parcel- or mail-forwarding services, reshippers, hotels, worksites or third-party addresses travel at your risk and are excluded from replacement, refund and return rights, except where a statutory right applies.
5.12 Deemed acceptance. Except for consumers covered by the Consumer Annex, Products are deemed inspected and accepted, and claims as to shortage, wrong item, visible damage and non-conformity are waived, unless notified to us in writing within fourteen (14) days of delivery.
6. Warranty — "as is" sale
6.1 No seller warranty. Except as provided in the Consumer Annex, and to the maximum extent permitted by law, all Products are sold "AS IS", "WITH ALL FAULTS" and "AS AVAILABLE", and we give no express warranty of any kind. No statement by any employee, agent or chat operator creates one.
6.2 Conditions on any remedy. Any remedy we voluntarily offer is conditional on proof of purchase from us, the Product being complete with seals and labels intact, prior written return authorisation, and the exclusions in Section 7 not applying.
7. Products — suitability, instructions and excluded uses
7.1 Suitability is yours to determine. You are solely responsible for satisfying yourself before purchase that a Product is suitable, safe, compatible and lawful for your intended use — including ingredients, allergens, fragrance, skin and hair type, age suitability and any known sensitivity or condition.
7.2 Product information. We do not warrant that descriptions, specifications, images, ingredient or material lists, dimensions, compatibility statements, claims, availability or pricing are accurate, complete or current. On-screen colour and texture depend on your display. Manufacturers change specifications and packaging without notice. Where the information supplied with the Product differs from the Site, the information supplied with the Product governs.
7.3 No reliance. You agree that you have not relied on any statement, representation, review, testimonial, influencer content or comparison other than the express terms of the listing and these Terms. Nothing in this clause limits liability for fraud.
7.4 Instructions and warnings. You must read and follow all instructions, warnings, age ratings and storage requirements supplied with the Product, and supervise any use by a child or animal. Where a Product contacts the skin, hair, mouth, eyes or airway, or is consumed, review the ingredient and allergen information before each use and patch-test or trial in a small quantity where appropriate; discontinue use and seek professional advice immediately on any adverse reaction.
7.5 Safe use of cosmetics. Products are for external use only, on intact skin and hair, and must be used as directed on the pack. Do not apply to broken, irritated or sunburnt skin, to the eyes or mucous membranes, or to any area with an existing condition unless a qualified professional has advised it. Keep out of reach of children. Some Products contain alcohol or other flammable ingredients: keep away from heat, flames and sources of ignition. Any use outside these conditions is entirely at your own risk and outside every remedy.
7.6 Misuse. Use contrary to instructions, dilution, mixing with other products, decanting, heating, ingestion, use after the expiry or period-after-opening date, or storage outside the stated conditions is at your sole risk and voids all remedies to the maximum extent permitted by law.
7.7 Market designation. Products are labelled and supplied for the markets we serve. Ingredient names follow the International Nomenclature of Cosmetic Ingredients (INCI). Labelling, language and regulatory requirements differ by country, and you must check the label supplied with the Product for the information that applies to you.
7.8 Dated and consumable products. Expected durability is the period-after-opening, best-before or expiry date on the pack, subject to the stated storage conditions. Change or deterioration after that date, or from storage outside those conditions, is not a defect.
7.9 No professional advice. Content on the Site is general information only and is not medical, dermatological, legal, tax or other professional advice.
8. Price, payment and taxes
8.1 Currency. Prices are shown at checkout in the currency displayed there and exclude Import Charges under Section 5. Bank currency-conversion, foreign transaction and cross-border fees are outside our control and are not refundable by us.
8.2 Taxes we collect. As the seller, we are responsible for determining, and where required registering for, collecting and remitting, sales tax, VAT, GST and other transaction taxes on the Products. Where we are required to collect a tax at the point of sale, it is calculated and shown separately at checkout. Where no collection obligation exists, you are responsible for self-assessing and remitting any use tax, import VAT or equivalent that is your own liability.
8.3 Payment authorisation. You authorise us and our payment processor to charge your selected payment method for the full order total, and represent that you are authorised to use it. Orders are not processed until payment clears.
8.4 Failed payments. On a declined, reversed or recalled payment we may cancel or suspend the order, and you remain liable for sums owed plus reasonable bank, processor and collection costs.
8.5 Chargebacks. Before initiating any chargeback, dispute or reversal you must contact us and allow thirty (30) days to resolve the matter. A chargeback raised on goods you received, or on grounds contradicted by tracking or delivery evidence, is a material breach. To the maximum extent permitted by law we may recover the disputed sum, dispute fees and reasonable collection costs, refuse future orders and close your account. Nothing here limits any right you have to dispute a charge with your card issuer or bank under applicable card network rules or applicable law.
8.6 Promotions. Discount codes may be used only by the intended recipient, once per customer per order unless stated, on full-price Products only, and may not be sold, transferred or published to coupon aggregators. We may disable or cancel any code at any time, including after an order where it was obtained or used improperly, and cancel that order.
8.7 Subscriptions. Where a subscription is offered, it renews automatically at the price then in effect until cancelled. You may cancel at any time through your account or by contacting us; cancellation takes effect for the next billing period. We disclose all recurring terms before you enrol and send reminders where required by applicable automatic-renewal law.
9. Returns and refunds
These are dealt with in our Return & Refund Policy, which forms part of these Terms. Refund decisions relating to the Product, its condition or delivery are ours. Nothing in these Terms or that Policy excludes or limits any statutory right you have as a consumer.
10. Your content, reviews and acceptable use
10.1 By submitting reviews, photographs, video or other material you grant us a worldwide, perpetual, irrevocable, transferable, sub-licensable, royalty-free licence to host, use, reproduce, adapt, edit, translate, publish and display it in any medium for any purpose including advertising, without attribution or payment, and you indemnify us against any claim arising from it.
10.2 Reviews must be honest and must disclose any material connection to us. We may decline to publish or remove content, but we do not remove reviews solely because they are negative and do not condition incentives on positive reviews.
10.3 You may not: use the Site unlawfully, fraudulently or abusively; scrape, crawl or use bots; reverse engineer; interfere with or circumvent security or rate limits; impersonate any person; upload malware; harvest personal data; send spam; place fraudulent orders or use stolen payment credentials; use our trade marks or content without permission; or infringe any intellectual property.
11. Intellectual property
All Site content — text, design, photography, graphics, logos, trade marks, trade dress, product names, layout, code and compilations — is owned by or licensed to us. You receive a limited, revocable, non-exclusive, non-transferable licence to view and use the Site for personal, non-commercial purposes. Purchase of a Product conveys no licence in our or any manufacturer's intellectual property. Copyright notices under 17 U.S.C. § 512(c)(3) may be sent to contact@smoothlabs.com marked "IP Notice"; we terminate repeat infringers.
12. Third-party services
The Site integrates third-party services including our e-commerce platform, payment processor, carriers, review and analytics providers. We do not control and are not responsible for third-party materials, terms, privacy practices, availability, security or performance, and disclaim all liability arising from them.
13. Business and trade buyers
Where you purchase in the course of a business, trade or profession: you are not a consumer; Section 9 and the Consumer Annex do not apply; no right of return, cancellation or refund applies; Products are supplied "as is" with all implied warranties excluded to the fullest extent permitted; our total liability is limited to the price paid for the Products in question; and all liability for loss of profit, revenue, business, goodwill and anticipated savings is excluded. You are solely responsible for onward compliance — certification, marking, labelling, registration, responsible-person and producer obligations — in every market you supply, and you indemnify us in full against any claim arising from your onward supply.
14. Disclaimer of warranties
EXCEPT AS PROVIDED IN THE CONSUMER ANNEX AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE SITE, ALL CONTENT AND ALL PRODUCTS ARE PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT, ACCURACY AND SATISFACTORY QUALITY.
We do not warrant that the Site will be uninterrupted, timely, secure or error-free; that defects will be corrected; that any Product will meet your requirements or be compatible with anything you own; or that any Product complies with the law or certification requirements of any jurisdiction other than the market for which it is designated. No advice or information obtained from us creates any warranty not expressly stated here. Where implied warranties cannot lawfully be excluded, they are limited in duration to the shortest period the law permits and in any event to ninety (90) days from delivery. Some US states do not permit their exclusion, so parts of this Section may not apply to you.
15. Limitation of liability
EXCEPT AS PROVIDED IN THE CONSUMER ANNEX AND SECTION 15.5, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
15.1 NO INDIRECT LOSS. WE AND OUR AFFILIATES, OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, SUPPLIERS, MANUFACTURERS, CARRIERS AND LICENSORS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, RELIANCE OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFIT, REVENUE, SAVINGS, BUSINESS, GOODWILL, OPPORTUNITY, DATA, PROPERTY DAMAGE OR COST OF SUBSTITUTE GOODS, on any theory of liability, even if advised of the possibility and even if any limited remedy fails of its essential purpose.
15.2 CAP. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE OR ANY PRODUCT IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID US FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR US$100, WHICHEVER IS LOWER. Claims from separate orders may not be aggregated.
15.3 EXCLUSIVE REMEDY. Your sole and exclusive remedy for any defective, damaged, non-conforming or undelivered Product is, at our option, repair, replacement or refund of the price paid under our Return & Refund Policy.
15.4 SPECIFIC EXCLUSIONS. Without limitation, we are not liable for: Import Charges, customs seizure, fines or penalties (Section 5); carrier delay, loss, theft or damage after handover; use contrary to instructions or outside the conditions in Section 7.5; deterioration after a stated expiry or period-after-opening date; acts or omissions of a manufacturer, supplier, carrier or other third party; or the availability, performance or decisions of our e-commerce platform or payment processor.
15.5 CARVE-OUTS. Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, for liability under applicable product liability law, or for any liability which cannot lawfully be excluded. Sections 15.1 to 15.4 apply to consumers covered by the Consumer Annex only so far as fair and permitted.
15.6 ALLOCATION OF RISK. You acknowledge that these limitations are an essential basis of the bargain and are reflected in our prices.
15.7 NO ASSIGNMENT OF CLAIMS. Except where prohibited by law, you may not assign or sell any claim against us to any third party, claims-aggregator or litigation funder, and any purported assignment is void.
16. Indemnity, notice and cure, and dispute resolution
16.1 Indemnity. To the maximum extent permitted by law, you will indemnify, defend and hold harmless us and our affiliates, owners, officers, employees and contractors against every claim, liability, damage, loss, fine, penalty, duty, tax and expense (including reasonable legal fees and customs penalties) arising out of: (a) your breach of these Terms; (b) your import, possession, use, storage, disposal, resale or export of any Product, including Import Charges, customs violations and regulatory penalties in your country; (c) use of a Product by you or anyone you permit, including contrary to instructions or outside the conditions in Section 7.5; (d) content you post; or (e) your violation of any law or of any third party's rights. This Section does not apply to consumers covered by the Consumer Annex.
16.2 Notice and cure. Before commencing any proceeding you must send us written notice of the claim describing the facts and the relief sought and allow sixty (60) days to resolve it.
16.3 Limitation period. Except for consumers covered by the Consumer Annex and where a longer period is legally required, any claim must be commenced within one (1) year after it accrues.
16.4 Arbitration. Except for qualifying small-claims actions and claims to protect intellectual property or confidential information, and except for consumers covered by the Consumer Annex, any dispute arising out of or relating to these Terms, the Site or any Product is resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator, by videoconference unless otherwise agreed. The Federal Arbitration Act governs.
16.5 CLASS ACTION AND JURY WAIVER. EACH PARTY MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE OR MASS ACTION, AND EACH PARTY WAIVES ANY RIGHT TO TRIAL BY JURY. If a court holds this unenforceable for a particular claim, that claim alone is severed and litigated in the courts identified in Section 16.7.
16.6 Opt-out. You may opt out of Sections 16.4 and 16.5 by notifying us in writing within thirty (30) calendar days of your first order, stating your name, the email used at purchase and a clear statement declining arbitration.
16.7 Governing law and forum. These Terms are governed by the law of the State of New Mexico, United States, without regard to conflict-of-law rules, and any permitted court proceeding is brought in the state or federal courts having jurisdiction over Albuquerque, New Mexico. The UN Convention on Contracts for the International Sale of Goods does not apply. If you are a consumer resident outside the United States, this does not deprive you of the protection of mandatory rules of the law of your country of habitual residence or of any non-waivable right to sue locally.
17. General
17.1 Entire agreement and non-reliance. These Terms and our other policies are the entire agreement between you and us. You acknowledge you have not relied on any statement not set out in them (this does not limit liability for fraud).
17.2 Changes. We may amend these Terms by posting a revised version with a new date. The version in force when your order is placed governs that order.
17.3 Severability and reformation. Any provision held unlawful or unenforceable is reformed and enforced to the maximum extent permitted and severed only to the minimum extent necessary.
17.4 No waiver. Failure or delay in enforcement is not a waiver.
17.5 Assignment. You may not assign these Terms. We may assign or transfer them freely.
17.6 Interpretation. Headings are convenience only. "Including" means "including without limitation". Ambiguities are not construed against the drafter.
17.7 Language. These Terms are drafted in English and made available in French and other languages. Where the law of your country of residence requires that a contract be presented or concluded in a particular language, the version in that language applies to you; in all other cases the English version prevails in the event of a discrepancy.
Consumer Annex — European Union and EEA
This Annex applies where you are a natural person resident in the European Union or the EEA, purchasing wholly or mainly outside your trade, business, craft or profession. Where it conflicts with any provision of these Terms, this Annex prevails. Sections 6.1, 5.12, 14, 15.1–15.4, 16.1, 16.3, 16.4 and 16.5 do not apply to you.
A.1 Statutory rights preserved
Nothing in these Terms excludes, restricts or modifies any right or remedy you have under mandatory consumer protection law of your country of habitual residence which cannot lawfully be excluded. Where any provision would operate as an unfair term under Directive 93/13/EEC, it applies to you only so far as it is fair and permitted.
A.2 Right of withdrawal
You have the right to withdraw within 14 days, without giving a reason, running from the day on which you, or a third party you nominate other than the carrier, acquire physical possession of the goods, or of the last item where an order is delivered in parts. The conditions and exceptions are set out in our Return & Refund Policy. To exercise the right, simply contact us at contact@smoothlabs.com.
A.3 Risk and delivery
Risk passes to you when you or a person you nominate, other than the carrier, takes physical possession of the goods — except where you arranged carriage with a carrier we did not offer (Section 5.10). If we fail to deliver within 30 days or any agreed period, you may set an additional reasonable period and, on failure, terminate and receive a refund.
A.4 Legal guarantee of conformity
We are liable for any lack of conformity existing at delivery and becoming apparent within two (2) years of delivery. Your remedies are, in order: repair or replacement free of charge; and where that is impossible, disproportionate, not completed within a reasonable time or not without significant inconvenience, a proportionate price reduction or termination with a refund. Termination is not available where the lack of conformity is minor. Please notify any lack of conformity as soon as reasonably possible and within two months of discovering it, with photographs; where the applicable national law does not permit such a requirement, this is a request and not a condition.
A.5 Durability and misuse
The legal guarantee does not extend to deterioration from normal wear, from expiry of a stated best-before or period-after-opening date, or from use, storage, installation, charging or maintenance contrary to the instructions supplied.
A.6 Import charges
Where a law requires us to charge import VAT or another tax at the point of sale, we charge it at checkout and show it separately, and Section 5.2 does not apply to that tax. All other Import Charges remain payable by you as importer where DAP applies; you may be able to reclaim import duty and VAT from your customs authority on a returned import.
A.7 Liability
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud, for defective products under applicable product liability law, or for any liability which cannot be excluded or limited by law. Subject to that, our liability to you is limited to foreseeable loss arising from our breach.
A.8 Courts
Nothing in these Terms deprives you of the right to bring proceedings in the courts of your country of residence, or of the protection of the mandatory rules of that country's law. The arbitration agreement, class action waiver, jury waiver, shortened limitation period and indemnity do not apply to you. We do not commit to using any particular alternative dispute resolution body.