Terms of service

Tensive Effects – Website Terms and Conditions

Last Updated: May 13, 2025

Welcome to Tensive Effects! These Terms and Conditions ("Terms") govern your use of the Tensive Effects website (the "Site"), including all information, tools, and services available from this Site, and your purchase of products from Tensive Effects ("we," "us," "our"). By accessing or using any part of the Site, or by purchasing products from us, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services or purchase any products.

1. General Website Use & Access

1.1. Eligibility:

By agreeing to these Terms, you represent that you are at least eighteen (18) years of age. If you are not at least 18 years old, you may not use this Site for any purchases.

1.2. Permitted Use:

Tensive Effects grants you a limited license to access and make personal use of this Site for the purposes of Browse products, gathering information, and making purchases.

1.3. Prohibited Conduct:

You agree not to:

  • Use the Site for any illegal or unauthorised purpose.
  • Transmit any worms, viruses, or any code of a destructive nature.
  • Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or products without express written permission from us.
  • Infringe upon or violate our intellectual property rights or the intellectual property rights of others.

1.4. Accuracy of Information:

While we strive to provide accurate and up-to-date information on the Site, we do not warrant that all product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability are always accurate, complete, or current. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

1.5. Guest Checkout:

All purchases made through this Site are processed via guest checkout. No customer accounts are required or offered at this time.

2. Product Sales & Online Store Operations

2.1. Product Availability:

Products are offered subject to availability. If a product becomes unavailable after you have placed an order but before shipping (for example, due to a stock discrepancy), Tensive Effects will contact you to offer either a full refund for the unavailable item or the option to place the item on backorder if feasible, and advise an estimated new shipping date.

2.2. Pricing:

Prices for our products are subject to change without notice. All prices are listed in the currency indicated on the product or checkout page.

2.3. Pricing Errors:

In the event that a Tensive Effects product is mistakenly listed at an incorrect price, Tensive Effects reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price. Tensive Effects reserves this right whether or not the order has been confirmed and your payment processed. If your payment has already been processed for the purchase and your order is cancelled, Tensive Effects shall issue a full refund to your original payment method. Alternatively, we may, at our discretion, contact you to see if you wish to proceed with the order at the correct price.

2.4. Order Process & Acceptance:

  • Your placement of an order on the Site constitutes an offer to purchase the product(s).
  • You will receive an automated email acknowledging receipt of your order.
  • This email is an order acknowledgment and does not signify our acceptance of your order.
  • A binding contract of sale between you and Tensive Effects is formed only when we send you a "Shipment Confirmation" email, confirming that your order has been dispatched.
  • We reserve the right to refuse or cancel any order for any reason, including but not limited to: product unavailability, errors in product or pricing information, or issues identified by our fraud detection services.

2.5. Order Cancellation by Customer:

You may request to cancel an order by contacting us at support@tensiveeffects.com. Order cancellations will only be accepted if the request is received before your order has been shipped. If the order has already been shipped, it cannot be cancelled but may be eligible for return under our separate Returns Policy (if applicable).

2.6. Payment:

Payment for all orders must be made in full at the time of placing the order through the available payment methods on our Site.

2.7. Taxes, Duties, and Import Fees:

  • The prices displayed for products on our Site and the shipping charges cover the cost of the item and its shipment by Tensive Effects.
  • You, the buyer, are solely responsible for any and all local import duties, sales taxes (such as VAT, GST in your country of import), customs clearance fees, brokerage fees, and any other taxes or charges that may be levied by your country's customs authorities or other governmental bodies upon arrival of the goods in your country.
  • These charges are not included in the purchase price or shipping cost paid to Tensive Effects.
  • Please check with your local customs office for information on potential charges before placing your order.
  • Refusal to pay these fees will not entitle you to a refund from Tensive Effects if the product is returned or disposed of by customs.

2.8. Shipping and Delivery:

Our shipping practices are outlined in our separate Shipping Policy, which is incorporated into these Terms by reference. Risk of loss and title for products purchased from Tensive Effects pass to you upon our delivery of the items to the shipping carrier. While we will assist with claims where possible, you are responsible for liaising with the carrier for any loss or damage occurring after this point, subject to any rights you may have under applicable consumer laws.

2.9. Returns and Refunds:

Our policy regarding returns for reasons other than warranty claims (e.g., change of mind, if permitted) will be outlined in a separate Returns Policy. All warranty claims are subject to our Product Warranty Terms and Conditions.

3. Intellectual Property

3.1. Website Content:

All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Tensive Effects or its content suppliers and protected by international copyright laws.

3.2. Trademarks & Product Designs:

"Tensive Effects," our logos, and the unique designs of our effects pedals are trademarks or trade dress of Tensive Effects. They may not be used in connection with any product or service that is not Tensive Effects', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Tensive Effects. All intellectual property rights in our products are expressly reserved.

4. User-Generated Content

If you access or contribute to features such as customer reviews, comments, or forum posts directly on the Site, you agree to the following:

  • You may be able to post content as long as it is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable.
  • By posting content, you grant Tensive Effects a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
  • You grant Tensive Effects and sublicensees the right to use the name that you submit in connection with such content, if they choose.
  • Tensive Effects reserves the right (but not the obligation) to remove or edit such content.

5. Limitation of Liability

To the maximum extent permitted by applicable law, Tensive Effects shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from

  • (a) your access to or use of or inability to access or use the Site or products;
  • (b) any conduct or content of any third party on the Site;
  • (c) any content obtained from the Site; or
  • (d) unauthorised access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Our total liability to you for any claim arising out of or relating to these Terms or your use of the Site or purchase of products shall not exceed the amount paid by you for the product(s) giving rise to the claim. Nothing in these Terms is intended to exclude, restrict or modify any rights that you may have under applicable consumer protection laws that cannot be excluded, restricted or modified.

6. Indemnification

You agree to indemnify, defend, and hold harmless Tensive Effects and our officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your use of the Site or your purchase or use of our products (including negligent or wrongful conduct) by you or any other person accessing the Site using your internet account if applicable.

7. Privacy Policy

Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy available at www.tensiveeffects.com/policies/privacy-policy, which is incorporated into these Terms by reference.

8. Links to Third-Party Websites

The Site may contain links to third-party websites or services that are not owned or controlled by Tensive Effects. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Tensive Effects shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

9. Dispute Resolution

9.1. Governing Law:

These Terms and any separate agreements whereby we provide you products or services shall be governed by and construed in accordance with the laws of Australia.

9.2. Negotiation:

We encourage you to contact us at support@tensiveeffects.com to try to resolve any disputes informally. Before resorting to formal legal action, we hope that most disagreements can be resolved through good-faith negotiation between you and Tensive Effects.

9.3. Jurisdiction:

If a dispute cannot be resolved through informal negotiation, you agree that any legal action or proceeding arising out of or related to these Terms or your use of the Site or products shall be brought exclusively in the courts of Australia.

10. Changes to Terms and Conditions

You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the purchase of products following the posting of any changes to these Terms constitutes acceptance of those changes.

11. Severability

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

12. Waiver

The failure of Tensive Effects to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

13. Entire Agreement

These Terms and any policies or operating rules posted by us on this Site or in respect to the products (including, but not limited to, the Privacy Policy, Shipping Policy, and Product Warranty Terms and Conditions) constitute the entire agreement and understanding between you and Tensive Effects and govern your use of the Site and purchase of products, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us.

14. Contact Information

Questions about these Terms and Conditions should be sent to us at support@tensiveeffects.com.