Terms, Conditions, and Policies
Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS PRIOR TO USE OF THIS WEBSITE.
Welcome to the website of EarSkinz, LLC (“EarSkinz”). Please review this agreement (the “Agreement”), which shall apply to the use of this website, as well as to the purchase of all products sold to you through this website. By using this website you represent that you have reviewed and understand the terms and conditions set out therein and that you agree, without limitation or qualification, to be bound by the terms and conditions of this Agreement.
As the terms of this Agreement may be modified at EarSkinz’s sole discretion, without any obligation to notify you, we advise that from time to time you check this website to review the changes. Your continued use of this website shall constitute your consent to any changes.
2. Use of this Website: You acknowledge and warrant that any information you may post, transmit or submit to this website does not: (i) infringe on your rights; (ii) infringe on a third party’s rights, specifically but not limited to any intellectual property rights, or any other confidential or proprietary right; and (iii) constitute a criminal offense or give rise to civil liability. Additionally, you acknowledge and warrant that you will not knowingly post, transmit or submit any information that will cause damage to either the website or to any other user.
Your rights with regard to accessing this website may be terminated or restricted at any time at the sole discretion of EarSkinz, LLC. EarSkinz, LLC is not required to give you advance notice or explanation for the termination. This termination shall be in addition to any other rights that EarSkinz, LLC may choose to enforce.
4. Copyrights and Trademarks: All materials displayed or otherwise accessible through this website are owned by EarSkinz, LLC and third party content suppliers, and are protected under the applicable copyright and trademark laws of the United States of America and elsewhere. You hereby agree not to print, copy, reproduce, publish, transmit, distribute or make any other similar use of the contents of this website, including, but not limited to, the text, graphics, audio and visual content, and code. Notwithstanding the above, you may access this website and make a single copy of the material for your personal, non-commercial use. Nothing in this Agreement shall be construed as granting you a license for anything other than your personal use.
5. Links: This website may contain links to other websites that are operated by third parties, and are not under the control of EarSkinz, LLC. EarSkinz, LLC is not responsible for, and expressly excludes all liability with relation to these linked websites which you access at your own risk, and EarSkinz, LLC makes no representations, warranties or conditions concerning the linked websites or their contents.
6. Orders and Payment: When you submit an order on this website, your order shall be considered as an offer to EarSkinz, LLC. EarSkinz, LLC reserves the right to refuse your order at any time and for any reason, including but not limited to: (i) the availability of the products in your area (EarSkinz specifically reserves the right to revise or cease to make available any of its products at any time); and (ii) if the products are incorrectly described or priced on the website. In the event that your order is cancelled or refused, you shall receive an email confirmation stating same. Additionally, if your order is refused or cancelled following payment, EarSkinz, LLC will reimburse you for the full amount paid.
The third party credit card service provider must approve all purchases made through the use of a credit card.
You agree not to resell any products purchased under this Agreement, nor to transfer any of your rights hereunder without the prior written consent of EarSkinz, LLC.
7. Shipping: EarSkinz, LLC will ship based on the method you select from the available options. The estimated time of the arrival of your product should be considered as an estimate only, and EarSkinz, LLC will not be responsible for any damages due to delays in shipping.
Charges for shipping will be listed when you purchase the product from this website. You are responsible for all shipping related taxes, and you agree to comply will all export laws of the United States of America that apply to the products purchased or received under this Agreement.
EarSkinz uses a third party shipping service provider to ship its products. As such, EarSkinz, LLC will not be liable for any loss, damages (direct or indirect) or expense due to shipping. Title and risk of loss shall pass to you at the moment the product that you have purchased is transferred to the third party shipping service provider.
8. Return Policy: If any of our products do not meet your expectations, we want to know. As such, please email us immediately at firstname.lastname@example.org, and please include your order number and a description of the reason for the return. We will gladly exchange or refund your purchase within thirty (30) days of receipt of the returned merchandise. Please note that refunds will only be issued to the same credit card that was used for the original purchase.
9. Disclaimer: TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW, USE OF THIS WEBSITE IS AT YOUR OWN RISK, AND EARSKINZ, LLC HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES (EXPRESS, IMPLIED OR STATUTORY) WITH REGARDS TO THE WEBSITE AND YOUR PURCHASE OF ANY PRODUCTS HEREUNDER. THIS WEBSITE IS PROVIDED “AS IS”, AND MAY CONTAIN ERRORS, INACCURACIES, VIRUSES OR BUGS, AND THIS WEBSITE MAY NOT BE UP TO DATE, AND THEREFORE IS NOT TO BE RELIED UPON. SPECIFICALLY, EARSKINZ, LLC DOES NOT WARRANT THAT THE PRODUCT DESCRIPTION OR PRICING IS ACCURATE. THIS EXCLUSION APPLIES TO, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. SHOULD YOU CHOOSE TO DOWNLOAD ANY CONTENT FROM THIS WEBSITE, YOU DO SO AT YOUR OWN RISK.
10. Limitation of Liability: YOU HEREBY WAIVE ALL REMEDIES, WARRANTIES, GUARANTEES OR LIABILITIES, ARISING FROM LAW OR OTHERWISE. IN NO EVENT SHALL EARSKINZ, LLC, ITS OFFICERS, REPRESENTATIVES OR EMPLOYEES BE LIABLE TO YOU FOR ANY DAMAGES, HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO direct, indirect, special, consequential, incidental, punitive or otherwise. EARSKINZ, LLC, ITS OFFICERS, REPRESENTATIVES AND EMPLOYEES SHALL NOT BE LIABLE FOR LOST PROFITS, BUSINESS INTERRUPTION, ANY COMPUTER RELATED DAMAGE OR LOSS OF DATA. EARSKINZ, LLC HEREBY EXCLUDES ALL LIABILITY WITH RESPECT TO THE TRANSMISSION OF VIRUSES OR BUGS. This EnTIRE limitation shall apply even if EarSkinz, LLC, ITS OFFICERS, REPRESENTATIVES oR EMPLOYEES wERE informed of the possible occurrence of the above mentioned damages. EARSKINZ, LLC MAXIMUM LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY THE PURCHASER FOR THE PRODUCT. This limitation is an essential element of the agreement between EarSkinz, LLC and you.
11. Indemnification: You agree to indemnify, defend and hold harmless (including reasonable legal fees) EarSkinz, LLC its officers, directors, employees or agents from any action arising from your misuse of this website or the breach of any of the provisions of this Agreement.
12. Miscellaneous: This website, any use of this website and any dispute relating thereto to or to the products purchased therein shall be governed and construed by the laws applicable to the United States of America and to the state of Delaware, without regard to conflict of law rules. Both EarSkinz, LLC and you agree to the exclusive jurisdiction of the United States of America and the State of Delaware.
At EarSkinz we realize that not every product is for everybody. That is why we guarantee that our product will improve the listening experience from your Apple earbud style earphones. If you are not completely satisfied with your EarSkinz product, please return your product to us and we will promptly issue a refund for the purchase price (proof of purchase necessary). All inquiries must be made within two weeks from purchase date. A $3 per item restocking fee may apply.
The EarSkinz word mark and logo are registered trademarks of EarSkinz Inc., registered in the United States and other countries. All Rights Reserved 2013. Apple®, iPhone®, iPad®, iPod®, iPod classic®, iPod nano®, iPod shuffle®, iPod touch®, EarPod® are trademarks of Apple Inc., registered in the U.S. and other countries.
All orders will ship within two business days of the original transaction. Pre-orders require immediate payment and will ship to consumers no later than July 5th. You will receive an email confirmation once your package has shipped. Domestic delivery can be expected within 3-5 business days from time of shipping. International delivery can be expected in as little as 10-15 days, but can take up to 4 weeks from time of shipping. EarSkinz does not guarantee delivery by a specific date, nor are we responsible for delays caused by carrier strikes or inclement weather.