Terms of service

VIBEQUEST LLC

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A BINDING ARBITRATION PROVISION, A CLASS ACTION AND JURY-TRIAL WAIVER, AN ASSUMPTION-OF-RISK PROVISION, LIMITATIONS ON LIABILITY, AND A ONE-YEAR LIMITATION PERIOD FOR CLAIMS. THEY AFFECT YOUR LEGAL RIGHTS. SECTION 19 EXPLAINS HOW TO OPT OUT OF ARBITRATION WITHIN 30 DAYS.

These Terms of Service and Sale (“Terms”) are a binding agreement between you and VIBEQUEST LLC, an Arizona limited liability company (“VIBEQUEST,” “we,” “us,” or “our”), and govern your access to and use of vibequestluxe.com (the “Site”) and your purchase and use of VIBEQUEST products (“Products”). By using the Site, placing an order, or using a Product, you accept these Terms and the policies incorporated by reference below. If you do not agree, do not use the Site or the Products.

Policies incorporated by reference. The following, each as updated from time to time, are incorporated into and form part of these Terms: our Returns & Refunds — First Flight Guarantee (the “Guarantee”); our 1-Year Limited Warranty (the “Limited Warranty”); our Shipping Policy; our Privacy Policy; and our Legal Notice. If a conflict exists, these Terms control, except that (a) the Privacy Policy controls as to the collection, processing, and disclosure of personal information, and (b) mandatory consumer-protection law controls where it applies.

1. Eligibility; International Availability

The Site and Products are intended for individual consumers purchasing for personal, non-commercial use who are at least the age of majority in their jurisdiction. We offer sales and shipping within the United States and, where we make it available at checkout, to certain international destinations. Where we sell internationally, the Shipping Policy, the Guarantee, and applicable local law govern the additional terms of that sale. We may restrict, condition, or decline availability in any jurisdiction, and we make no representation that the Site or Products are appropriate or available in any particular location.

2. Orders; Right to Refuse

Your order is an offer to purchase; a contract forms only when we ship the Product. We may refuse, cancel, or limit any order for any lawful reason — including suspected fraud, resale or unauthorized-channel activity, quantity limits, pricing or description errors, or prior abuse of our policies — and our sole obligation in that event is to refund any amount charged. Promotional and event pricing is time-limited and may be changed or withdrawn at any time.

3. Pricing and Errors

Despite our care, listings may contain errors in price, description, imagery, or availability. We may correct any error at any time, before or after order acceptance, and may cancel affected orders with a refund. A displayed price is an invitation to purchase, not a binding offer we are obligated to honor.

4. Payment

Payments are processed by third-party processors (including Shopify Payments and, for in-person sales, Shopify POS); we never receive or store your full payment-card number. You represent that you are authorized to use the payment method you provide. We may suspend or cancel fulfillment pending payment verification, and you authorize us to charge all amounts, including applicable taxes and shipping, to your payment method.

5. Shipping; Title; Risk of Loss

Shipping is governed by our Shipping Policy, incorporated by reference. Delivery dates are estimates only. Title and risk of loss pass to you upon our delivery of the Product to the carrier. Our voluntary assistance with carrier claims for lost or damaged shipments, as described in the Shipping Policy, is a courtesy and is not an assumption of liability for the acts or omissions of any carrier. Some jurisdictions provide that risk of loss for consumer sales passes only on delivery to the consumer; where such a non-waivable rule applies to you, it controls over this Section.

6. Returns and Warranty — Exclusive Paths

Returns are governed exclusively by the Guarantee, and Product defects exclusively by the Limited Warranty, each incorporated by reference. The Guarantee permits return of a Product within thirty (30) days of delivery, on the terms stated there. Defects are handled under the Limited Warranty.

THE LIMITED WARRANTY SETS FORTH YOUR SOLE AND EXCLUSIVE REMEDY FOR PRODUCT DEFECTS, AND OUR ENTIRE OBLIGATION, IN LIEU OF ALL OTHER REMEDIES, EXCEPT WHERE APPLICABLE LAW PROVIDES A NON-WAIVABLE REMEDY THAT CANNOT BE EXCLUDED.

7. Product Use, Safety, and Assumption of Risk

●        (a) Nature of the Products. VIBEQUEST Products are personal comfort accessories. They are NOT safety devices, medical devices, therapeutic devices, child-restraint systems, personal protective equipment, or certified aircraft or vehicle equipment, and no statement on the Site or by any person creates any contrary representation.

●        (b) Mandatory use rules. When using a Product aboard an aircraft or in any vehicle you will: (i) keep every seatbelt and restraint fastened, visible, and unobstructed at all times; (ii) obey all instructions of the flight crew or vehicle operator, including any instruction to remove or stow the Product, and during taxi, takeoff, landing, and turbulence; (iii) comply with all carrier policies, which may restrict comfort devices; (iv) install and use the Product only as described in its instructions; and (v) immediately discontinue use of any Product that appears damaged or fails to hold pressure.

●        (c) Misuse defined. Any use contrary to this Section or the Product instructions constitutes misuse and voids the Limited Warranty as to resulting damage or injury.

●        (d) Assumption of risk. Travel and seated use of any accessory involve inherent risks, including those arising from turbulence, sudden movement, third-party conduct, and carrier operations outside VIBEQUEST's control.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS ARISING FROM USE OF THE PRODUCTS, AND YOU RELEASE THE VIBEQUEST PARTIES FROM LIABILITY ARISING FROM MISUSE, MODIFICATION, IMPROPER INSTALLATION, OR FAILURE TO FOLLOW CREW OR OPERATOR INSTRUCTIONS. THIS RELEASE DOES NOT APPLY TO LIABILITY THAT CANNOT BE RELEASED UNDER APPLICABLE LAW.

8. No Medical Claims; No Reliance

Products are not intended to diagnose, treat, cure, or prevent any condition. Consult a physician before use if you have circulatory, spinal, or other medical conditions that may be affected by seated travel. You agree you have not relied on any statement not expressly contained in these Terms, the Limited Warranty, or the Product instructions — including statements by marketplaces, resellers, reviewers, influencers, or event staff.

9. Authorized Channels; No Resale

Products are sold for personal use only. Purchase for resale, distribution, or export is prohibited without our prior written agreement. The Limited Warranty and the Guarantee apply only to Products purchased from vibequestluxe.com or directly from VIBEQUEST at authorized events, and are void for Products obtained from unauthorized resellers. We may refuse service, cancel orders, and deactivate serialized benefits for suspected resale activity.

10. Intellectual Property; Restrictions

The Site, its content, and the VIBEQUEST name, the VQ logo, Product names, trade dress, and Product designs are owned by or licensed to VIBEQUEST and protected by trademark, copyright, patent, and other laws, including one or more pending United States patent applications. You may not copy, imitate, reverse engineer for commercial purposes, or create derivative commercial products from the Products or their designs, and you may not use our trademarks or Product images for any commercial purpose without prior written permission. You may not scrape or harvest Site content, or use it to train any automated or machine-learning system, except standard search-engine indexing. All rights not expressly granted are reserved.

11. User Content; Reviews

If you submit reviews, photos, videos, testimonials, or suggestions (“Content”), you grant VIBEQUEST a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, modify, display, and distribute that Content in any media for any business purpose, with or without attribution. You represent that your Content is yours, accurate, and lawful. Ideas and suggestions are non-confidential, and we owe no compensation for using them. Nothing in these Terms restricts, penalizes, or conditions your ability to post a truthful, non-defamatory review of your experience; any provision to the contrary is void under the Consumer Review Fairness Act. We may remove Content that is unlawful, infringing, or abusive.

12. Electronic Communications; SMS Messaging

You consent to receive communications from us electronically, and agree that electronic communications satisfy any legal requirement that a communication be in writing. If you provide a mobile number and opt in to our text-message program, you consent to receive recurring automated marketing and transactional text messages at that number; consent is not a condition of purchase. Message and data rates may apply. Reply STOP to cancel or HELP for help. We honor opt-outs as required by the Telephone Consumer Protection Act and applicable law.

13. Future Subscriptions and Recurring Offers

We do not currently offer subscriptions or automatically renewing plans. If we introduce any recurring-billing or negative-option offer, we will, before you enroll, clearly and conspicuously disclose the material terms, obtain your express informed consent, and provide a cancellation method at least as simple as enrollment, consistent with the Restore Online Shoppers' Confidence Act and applicable state automatic-renewal laws. Those offers will be governed by supplemental terms presented at enrollment.

14. Export Controls and Sanctions

You represent that you are not located in, and will not use or export the Products in violation of, any applicable export-control or economic-sanctions law, and that you are not a person with whom U.S. persons are prohibited from dealing. You are responsible for compliance with the import, export, and customs laws of any destination to which you direct a Product.

15. Disclaimer of Warranties

EXCEPT FOR THE EXPRESS 1-YEAR LIMITED WARRANTY, THE SITE AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND THE VIBEQUEST PARTIES DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE DISCLAIMED, IT IS LIMITED IN DURATION TO THE DURATION OF THE EXPRESS LIMITED WARRANTY.

Some jurisdictions do not allow limitations on implied warranties or on how long an implied warranty lasts, so parts of this Section may not apply to you, and you may have other rights that vary by jurisdiction.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (a) VIBEQUEST AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS (THE “VIBEQUEST PARTIES”) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, TRAVEL DISRUPTION, OR SUBSTITUTE GOODS, EVEN IF ADVISED OF THE POSSIBILITY; AND (b) THE VIBEQUEST PARTIES' TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY PRODUCT WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM.

THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THESE TERMS LIMITS LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, OR FOR ANY LIABILITY (INCLUDING CERTAIN LIABILITY FOR PERSONAL INJURY OR DEATH) THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

Some jurisdictions do not allow certain exclusions or limitations, so portions of this Section may not apply to you.

17. Claims Only Against the Company; Time Limit

Any claim may be brought only against VIBEQUEST LLC, and you agree not to assert any claim personally against any member, manager, officer, employee, or agent of VIBEQUEST.

TO THE EXTENT PERMITTED BY LAW, ANY CLAIM ARISING OUT OF THESE TERMS, THE SITE, OR A PRODUCT MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OR IT IS PERMANENTLY BARRED.

18. Indemnification

You will defend, indemnify, and hold harmless the VIBEQUEST Parties from and against all claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of: (a) your misuse of the Site or any Product; (b) your violation of these Terms, any law, or any carrier or crew instruction; (c) your Content; or (d) your violation of any third-party right.

19. Dispute Resolution — Arbitration; Class Waiver

●        (a) Informal resolution first. Before filing any claim, you must email info@vibequestluxe.com with a written description of the dispute and give us 30 days to resolve it. Most disputes are resolved this way, faster and at no cost.

●        (b) Binding arbitration. Any dispute not resolved informally will be finally resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator, in Maricopa County, Arizona, or remotely by videoconference at your election. Judgment may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs this Section.

●        (c) Class and jury waiver. ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY — NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING — AND YOU AND VIBEQUEST EACH WAIVE THE RIGHT TO A TRIAL BY JURY.

●        (d) Mass filings. If 25 or more similar arbitration demands are filed by the same or coordinated counsel, the parties agree the AAA's applicable mass-arbitration procedures (or staged or bellwether batching directed by the arbitrator) will apply.

●        (e) Carve-outs. Either party may bring an individual claim in small-claims court, and VIBEQUEST may seek injunctive relief in court for infringement or misuse of intellectual property.

●        (f) Opt-out. You may opt out of arbitration (but not the class waiver, to the extent enforceable separately) within 30 days of your first purchase by emailing info@vibequestluxe.com, subject “Arbitration Opt-Out,” with your name and order number.

●        (g) Fees. Filing fees follow the AAA Consumer Rules. If you prevail on a claim and the arbitrator finds VIBEQUEST asserted a defense in bad faith, the arbitrator may award you fees as the Rules permit; if VIBEQUEST prevails and the arbitrator finds your claim frivolous or filed in bad faith, VIBEQUEST may be awarded its reasonable fees to the extent the law allows.

20. Force Majeure

VIBEQUEST is not liable for delay or failure caused by events beyond its reasonable control, including carrier failures, supplier or component shortages, labor actions, epidemics, government actions, tariffs or import restrictions, natural disasters, and utility or internet failures.

21. General

These Terms, together with the policies they incorporate, are the entire agreement between you and VIBEQUEST and supersede all prior statements. Arizona law governs, without regard to conflicts rules; any claim not subject to arbitration must be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and you consent to their jurisdiction. Our failure to enforce a provision is not a waiver. If any provision is held unenforceable, it will be modified to the minimum extent necessary, and the remainder will be enforced. We may assign these Terms; you may not. We may update these Terms prospectively by posting a revised version with a new date; the version in effect on the date of your order governs that order. Section headings are for convenience only. Sections 6–19 and 21 survive any termination.

Contact: info@vibequestluxe.com • VIBEQUEST LLC, 16220 N Scottsdale Rd, Suite 300 PMB 1041, Scottsdale, AZ 85254, USA.