Updated September 2024
Thank you for purchasing from ROLI. These General Terms of Sale (“Terms of Sale”) govern the purchase of our Products and by purchasing these Products, you agree to these terms. Definitions of capitalized terms used in these Terms of Sale are located in the Interpretation Section at the end of these Terms of Sale. Further information on our returns and transfers policy is located in the Returns and Transfers Policy, as described below.
Note: If you purchased Hardware directly from one of our authorized resellers, only the customer support and warranty terms listed in Section 5 and after shall apply to you.
If you purchased Software, including via the Google Play or Apple iTunes stores, from an authorized reseller, only Section 2 ("Right to Cancel Online Orders") and Sections 5 and after shall apply. In the event of a conflict between Google's or Apple's terms and these General Terms of Sale, the General Terms of Sale shall govern.
1.1. Upon clicking the “I Accept” button on the order page you confirm that you have read and understand these Terms of Sale and Returns and Transfers Policy, which incorporated herein by reference, and agree to be bound by them.
1.2. By clicking the “Complete order” button on the order page, you confirm that you would like to purchase the Products in your cart (an “Order Request”). A binding agreement that ROLI will deliver the Products will not be formed between you and ROLI until you have paid the full amount due as set out in the Order Request and ROLI sends you an Order Confirmation with a Customer Order Number. Order Confirmations are subject to compliance with these Terms of Sale and ROLI’s sole discretion. No Order Request shall be deemed accepted unless and until confirmed by an Order Confirmation from ROLI.
1.3. ROLI will generally dispatch your Hardware, Apparel, or boxed Software within the number of days from your receipt of the Order Confirmation as set out in the Delivery FAQs. We will try to advise you if there’s a backlog or delay.
1.4. Only Products listed in ROLI’s Order Confirmation form part of that Contract. If you notice any inaccuracies or errors in your Order Confirmation or you have made any mistakes in the information that you provided, you must contact ROLI promptly upon receipt, ideally immediately, so that we have the opportunity to correct any mistake or clarify any misunderstanding before commencing delivery/performance.
1.5. If ROLI is unable to fulfil your order for any reason, we will notify you, and promptly return to you any payment received by us.
You can cancel your order anytime prior to it being shipped however, there may be occasions when we are still unable to intercept Products leaving our warehouse while being shipped to you. Should this occur, you will need to accept delivery of your order and then submit a return request, free of charge. Please refer to our Returns and Transfers Policy for further details.
3.1. Unless otherwise agreed in writing, the price and specification for the Products shall be set out on the ROLI website.
3.2. We reserve the right to make any changes to the specification of the Products, including to conform with any applicable safety or other statutory or regulatory requirement.
3.3. Any specified promotional items will be available free without obligation and only while stock is available.
3.4. In the unlikely event of any discrepancy between the price set out in the order confirmation, and the price stated on ROLI’s website or in other advertising, please contact Creator Support immediately.
4.1. We shall use all reasonable endeavors to deliver the Products to you. The times stated and your Delivery Date are only estimates and do not equate to actual delivery times. If you have ordered several Products at one time, the Products may be delivered on different Days. Delivery will not be of the essence unless previously agreed by us in writing. We will not be held liable for any delay in delivery caused by late settlement by the buyer of the remaining balance prior to dispatch or due to forces out of our control.
4.2. ROLI may not ship to your country. Reasons for non-shipment may include trade restrictions or lack of availability of courier service in your area. Please see the Delivery FAQs for details on availability of international shipping. If ROLI does not ship to your country, Please see the Delivery FAQs for details on availability of international shipping.
4.3. If we do ship to your country and upon payment in full, you will receive an Order Confirmation. Products will be delivered to the address specified in the Order Confirmation and/or in any other arrangement confirmed in writing between you and ROLI.
4.4. The Products may be delivered in advance of the Delivery Date upon reasonable notice to you.
4.5. If you fail to take delivery of the Products or any part of them on the Delivery Date and/or fail to provide any instructions, documents, licences, consents or authorisations required to enable the Products to be delivered on that date, we shall be entitled, upon written notice, to store or arrange for the storage of the Products. If redelivery is required, you will be held liable for any extra courier and insurance costs and expenses.
4.6. Title to the Products (except any Software included which is subject to the ROLI Terms of Use and End User Licence Agreement) will pass to you once ROLI receives payment in full, or when we deliver the Products to you (or your representative), whichever is later. The transfer of ownership of the Products does not mean that you own any Intellectual Property Rights in the Products you purchase from ROLI. If the Contract is terminated before that passing of title in the Products occurs, we may recover any Products supplied to you and you agree to assist us in such circumstances.
5.1. Should you experience any problems in using the Product during setup or installation or experience any associated user issues, you may contact the ROLI Customer Support team here.
5.2. We shall aim to resolve your query when you first make contact, although no resolution can be guaranteed. On occasion we may need to contact you again and to suggest a resolution or involve other experts at ROLI.
5.4. Repairs under warranty will be carried out within a reasonable period. We will at all times try to meet response times estimated in correspondence with you, but actual timings may vary depending, among other factors, on the remoteness or accessibility of your location, weather conditions and availability of parts.
5.5. We may provide Services via internet or telephone as appropriate. Telephone calls may be recorded for training purposes.
5.6. Unless otherwise stated, you shall be responsible for all telephone and postal charges in contacting us, except when returning Products which are defective or damaged, or do not accord with the Order Confirmation.
All new ROLI Hardware products carry a two (2) year limited warranty against defects in materials and workmanship.
You may have statutory rights under consumer laws and the laws of your country or state that give you greater rights than our Limited Two Year Warranty. Accordingly, the Luminary ROLI Limited Two Year Warranty is in addition to, and not instead of, your statutory rights.
To view a copy of the warranty terms and conditions, which form part of and are incorporated into this Agreement by reference, please see the link relevant to you region below:
6.1. ROLI is not responsible for any Third Party Software or any other third party products that may be offered with your ROLI Products. Please ask manufacturers of third party product and/or Third Party Software licensors directly to fulfil their obligations to you under any applicable warranties and guarantees that they may offer.
The Software is licensed to you on the terms set out in the Terms of Use.
ROLI is not responsible for any Third Party Software or any other third-party products that may be offered with your ROLI Products. Please ask manufacturers of third-party product and/or Third Party Software licensors directly to fulfil their obligations to you under any applicable warranties and guarantees that they may offer.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ROLI AND ITS EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY SUBSEQUENT OWNER FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA OR THE LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM USE OF ROLI PRODUCTS AND ROLI’S OBLIGATIONS UNDER THESE TERMS OF SALE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF ROLI AND ITS EMPLOYEES AND AGENTS’ LIABILITY TO YOU AND ANY SUBSEQUENT OWNER ARISING UNDER THESE TERMS OF SALE SHALL NOT EXCEED THE ORIGINAL PRICE PAID FOR THE PRODUCT(S). FOR CONSUMERS IN JURISDICTIONS WHO HAVE THE BENEFIT OF CONSUMER PROTECTION LAWS OR REGULATIONS, THE BENEFITS CONFERRED BY THESE TERMS OF SALE ARE IN ADDITION TO ALL RIGHTS AND REMEDIES PROVIDED UNDER SUCH LAWS AND REGULATIONS. TO THE EXTENT THAT LIABILITY UNDER SUCH LAWS AND REGULATIONS MAY BE LIMITED, ROLI’S LIABILITY IS LIMITED, AT ITS SOLE OPTION, TO REPLACE OR REPAIR THE COVERED PRODUCT OR SUPPLY THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
As a condition of purchasing your Product(s), you agreed to our privacy policy which governs how we may use the data we collect from you. Information about our use of your personal information can be found here.
You agree and represent that you are buying the Products for personal use only and not otherwise for resale or export.
ROLI shall not be liable for any failure or delay in the performance of its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A “Force Majeure Event” means an event or circumstance the occurrence of which is beyond the reasonable control of either party to this Contract, including without limitation, failure of third party suppliers, change of statute or regulation, acts of God, governmental actions, war, national emergency, acts of terrorism, or failure of transport networks. In the event of a Force Majeure Event, ROLI reserves the right to defer the date of delivery, reduce the volume of Products ordered, or to cancel the Contract without liability to you. If a Force Majeure event continues for a continuous period in excess of sixty (60) Days, you shall be entitled to give notice in writing to ROLI to terminate the Contract, such notice to take effect no earlier than fifteen (15) Days from the date of such notice.
If for any reason part of these Terms of Sale is unenforceable, the validity of the remaining Terms of Sale shall not be affected.
A failure or delay by a party to exercise any right or remedy provided under this Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
14.1. If you are a UK, EU, EEA, or Swiss citizen, these Terms of Sale shall be governed by the laws of England and Wales without regard to its conflict of law rules and you consent to the exclusive jurisdiction of the courts located in London, UK. Special information on the online dispute resolution for consumers within the European Union can be accessed here: http://ec.europa.eu/consumers/odr
14.2. If you are a US citizen, these Terms of Sale shall be governed by the laws of Delaware without regard to its conflict of laws rules and you consent to the exclusive jurisdiction of the state and federal courts located in Delaware.
14.3. If you live outside the US, UK, EU, EEA or Switzerland, you agree to the laws and jurisdiction of Delaware as noted above in section 14.2.
A person who is not a party to this Contract may not enforce any of its provisions under the Contracts (Rights of Third Parties) Act 1999.
If you are a consumer, you have a legal right for services to be carried out with reasonable care and skill and products to be of satisfactory quality. Advice about your legal rights is available from your local Citizens’ Advice Bureau. Nothing in these Terms of Sale will affect those legal rights. You may also have rights as a consumer outside the UK. Please check your own state or country’s consumer rights organizations.
In these Terms of Sale unless the context otherwise requires, the following expressions have the following meanings:
17.1. “Contract”: means the body of these Terms of Sale, together with your Order Confirmation and any technical specification relating to the Product, as may be amended from time to time in accordance with its provisions;
17.2. “Customer Order Number”: means the order number issued by ROLI to the Customer in the Order Confirmation, identifying your order;
17.3. “Day(s)” or “Day(s)”: means any day except a Saturday, a Sunday or a public holiday in England. Any order placed on Saturday, Sunday or a public holiday will be acknowledged on the following day of business.
17.4. “Delivery Date”: means the date on which the Products are scheduled (subject to the terms set out in these Terms of Sale) to be delivered as stipulated in the Buyer’s Order Confirmation.
17.5. “Hardware”: means all ROLI hardware Products, including all software bundled with the hardware, such as the Equator Player, which is required for its operation.
17.6. “Licence”: the licence to use the Software set out in the Roli Terms of Use.
17.7. “Intellectual Property Rights”: means (i) patents, inventions, designs, copyright and related rights, database rights, trademarks and related goodwill, trade names (whether registered or unregistered), and rights to apply for registration; (ii) proprietary rights in domain names; (iii) knowhow and confidential information; (iv) applications, extensions and renewals in relation to any of these rights; and (v) all other rights of a similar nature or having an equivalent effect anywhere in the world.
17.8. “Order Confirmation”: means an email to notify you that your order has been accepted by us and payment in full has been received and processed by ROLI.
17.9 “Products” mean any ROLI products, including Software, Hardware, and Apparel.
17.10 “Software” on its own shall collectively refer to Stand-alone Software, FXpansion Software, and Software-Add ons, as further described in the Returns and Transfers Policy.
17.11 “Third-party Software” means third party software that is bundled with ROLI Products or otherwise sold separately to be used with ROLI Products.
17.12. “Terms of Sale”: means the General Terms of Sale applicable to your Contract with us, as detailed above.
17.13. “You”: means the person who accepts the offer of sale of the Products or whose order for the Products is accepted by ROLI.
17.14. “ROLI/us/we”: means “Luminary ROLI Ltd.” a company registered in England under Company No. 13407346 whose registered office is at 326/327 Stean Street, London, E8 4ED as well as our subsidiaries.
Changes may be made to these Terms of Sale and any material changes will be communicated to you by email. Amendments and updates will also be announced on the ROLI website.