Terms of service

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These Terms of Service (the "Terms") govern your access to and use of {{ shop_name }} (the "Store", "we", "us", "our"), including all content, functionality, products and services offered on or through the Store. By accessing the Store, placing an order, or otherwise using our services, you agree to be bound by these Terms. If you do not agree, do not use the Store.

1. Eligibility

You must be at least 18 years of age, or the age of majority in your jurisdiction, and able to form a binding contract in order to purchase from the Store. By placing an order you represent that you meet these requirements and that all information you provide is accurate and complete.

2. Products, Availability and Pricing

• All products are offered subject to availability. We may limit or cancel quantities purchased per person, per household, or per order.
• We reserve the right, at our sole discretion, to refuse, limit or cancel any order for any reason, including suspected fraud, suspected resale, pricing or description errors, or prior abuse of our policies.
• Prices, promotions and product descriptions are subject to change without notice. In the event of a pricing, typographical or descriptive error, we reserve the right to correct the error and to cancel or refuse any order placed on the basis of that error, including after an order confirmation has been sent.
• Promotional pricing, bundle pricing, discounts and free or gift items are offered at our sole discretion, are limited-time, may be modified or withdrawn at any time, and carry no cash value.
• Product images are illustrative. Colours, finishes and packaging may vary.

3. Orders, Payment and Risk of Loss

Submitting an order is an offer to purchase. No contract is formed until we accept your order and dispatch the goods. Payment is taken at the time of order. Title and risk of loss pass to you upon delivery of the goods to the carrier.

4. Shipping and Delivery

Delivery estimates are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs, weather, force majeure, or by incorrect or incomplete address information supplied by you. Orders returned to us as undeliverable due to an incorrect address, refusal of delivery, or failure to collect may be refunded net of shipping and handling costs actually incurred, at our discretion.

5. Returns, Inspection and Refunds

All returns are subject to our prior authorisation and to our inspection of the returned goods. Whether a returned item satisfies the conditions below is determined by us in our sole and absolute discretion, and our determination is final.

5.1 Authorisation

No return will be accepted without a Return Merchandise Authorisation ("RMA") issued by us in advance. You must request an RMA within the applicable return window by contacting us at {{ email }}. Goods sent back without a valid RMA may be refused, returned to sender at your cost, or disposed of without refund.

5.2 Condition requirements

To be eligible for any refund, returned goods must, in our sole determination, be:

• unused and untouched, free of any sign of wear, use, soiling, odour, damage, alteration or attempted repair;
• in their original, undamaged retail packaging, with all seals, tags, shrink-wrap, inserts and documentation intact;
• complete, including every accessory, cable, case, insert and component originally supplied; and
• accompanied by every free, promotional, bundled or gift item supplied with the order.

For hygiene and safety reasons, in-ear and ear-worn products that have been removed from their sealed packaging, worn, or otherwise come into contact with the ear are not returnable and are deemed used.

5.3 Our inspection right

We reserve the right to inspect and test all returned goods on receipt, to photograph and record their condition, and to retain those records. We may, at our sole discretion and without further obligation to you:

• refuse a return in full and return the goods to you at your expense, or dispose of them if unclaimed after 30 days;
• approve a partial refund reduced to reflect diminished value, missing components, missing free or gift items (deducted at their stated retail value), or restoration and repackaging costs; or
• apply a restocking fee of up to 20% of the item price where permitted by applicable law.

5.4 Costs

Return shipping, insurance and any customs or import charges are your responsibility and are non-refundable, except where the return is due to our error or a confirmed manufacturing defect. Original shipping and handling charges are non-refundable. You bear the risk of loss or damage in transit until we take receipt; we recommend a tracked and insured service.

5.5 Items that are final sale

The following are final sale and non-refundable under all circumstances, to the fullest extent permitted by law:

• digital products, downloads, eBooks and any digital content, once delivered or made accessible;
• services, memberships, subscriptions and priority or expedited handling fees, once rendered or once the applicable period has begun;
• free, promotional, bundled and gift items, which carry no cash value and are not separately returnable or refundable;
• items marked final sale, clearance or non-returnable at the time of purchase; and
• gift cards.

5.6 Processing

Approved refunds are issued to the original payment method only, after inspection is complete, and are typically processed within 10 business days of approval. Your bank or card issuer may require additional time to post the funds. We do not issue cash refunds, store credit in lieu of refund, or refunds to any alternative payee.

5.7 Abuse

We monitor return activity. We may, at our sole discretion, limit, suspend or refuse returns, refuse future orders, or close accounts where we identify excessive returns, serial returning, returns of used goods, wardrobing, misrepresentation of item condition, or other conduct we consider abusive or fraudulent.

6. Warranty

Where a limited warranty is offered, it covers manufacturing defects only, for the stated period from the date of delivery, and is available to the original purchaser with valid proof of purchase. It does not cover normal wear, cosmetic damage, water or liquid exposure beyond any stated rating, misuse, neglect, accident, unauthorised repair or modification, loss, theft, or damage caused by third-party accessories. Our sole obligation under any warranty is, at our option, repair, replacement, or refund of the purchase price. Proof of purchase and return of the defective item may be required.

7. Health and Product Use Disclaimer

Our products are consumer electronics and lifestyle products. They are not medical devices and are not intended to diagnose, treat, cure or prevent any disease or condition. Any information provided on the Store, including educational content, is for general information only and is not medical advice. Consult a qualified healthcare professional regarding your hearing or any health concern. Listen responsibly and observe safe listening volumes.

8. Acceptable Use

You agree not to use the Store for any unlawful purpose; not to resell, scrape, reverse engineer, or make automated use of the Store; not to interfere with its operation or security; and not to submit false, misleading or fraudulent information. We may terminate or restrict your access at any time, without notice, for any breach of these Terms.

9. Intellectual Property

All content on the Store, including text, graphics, images, logos, product photography, video, and page design, is owned by or licensed to us and is protected by intellectual property laws. You may not copy, reproduce, republish, distribute or create derivative works from it without our prior written consent.

10. User Content and Reviews

If you submit reviews, photographs, comments or other materials, you grant us a perpetual, irrevocable, worldwide, royalty-free, transferable licence to use, reproduce, modify, publish and display that material in any medium, including in advertising, without compensation or attribution. You represent that you own the material and that it does not infringe the rights of any third party. We may edit, refuse or remove any submission at our discretion.

11. Chargebacks

If you have a concern about an order, you must contact us at {{ email }} and allow us a reasonable opportunity to resolve it before initiating a chargeback or payment dispute. Initiating a dispute without first contacting us, or in respect of goods you have received and retained, may be treated by us as a breach of these Terms. We reserve the right to submit evidence to the payment provider, to recover any resulting fees and costs, and to refuse future service.

12. Disclaimer of Warranties

Except as expressly stated in these Terms and to the fullest extent permitted by applicable law, the Store and all products and services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that the Store will be uninterrupted, secure or error-free.

13. Limitation of Liability

To the fullest extent permitted by applicable law, we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising out of or relating to your use of the Store or any product, whether based in contract, tort, strict liability or otherwise, even if advised of the possibility of such damages. To the fullest extent permitted by applicable law, our total aggregate liability arising out of or relating to any order shall not exceed the amount actually paid by you for that order.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited by law, and these Terms do not affect any non-excludable statutory rights you may have as a consumer.

14. Indemnification

You agree to indemnify, defend and hold harmless {{ shop_name }} and its officers, directors, employees, agents and suppliers from and against any claims, liabilities, damages, losses and expenses, including reasonable legal fees, arising out of or in any way connected with your breach of these Terms, your misuse of the Store, or your violation of any law or the rights of a third party.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or to any purchase shall be resolved exclusively in the state or federal courts located in Florida, and you consent to personal jurisdiction and venue there. To the fullest extent permitted by law, you and we each waive any right to participate in a class, collective, or representative action, and any claim must be brought in an individual capacity.

16. Severability and Entire Agreement

If any provision of these Terms is found unenforceable, that provision shall be limited or severed to the minimum extent necessary and the remaining provisions shall remain in full force and effect. These Terms, together with our Privacy Policy and any other policies published on the Store, constitute the entire agreement between you and us. Our failure to enforce any provision is not a waiver of it.

17. Changes to These Terms

We may update these Terms at any time by posting a revised version on the Store and updating the "Last updated" date. Changes take effect when posted. The version of these Terms in effect at the time you place an order governs that order. It is your responsibility to review these Terms before each purchase.

18. Contact

Questions about these Terms should be directed to {{ email }}{% if phone != blank %} or {{ phone }}{% endif %}{% if address != blank %}, or by post to {{ address }}{% endif %}.