Terms & Conditions of Sale | EAOS Rider X1 Earphones


1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION

REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS,

LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ

IT CAREFULLY.

 

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS

TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

 

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE,

YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

 

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS

WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE

OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A

BINDING CONTRACT WITH EAOS, LLC, OR (C) ARE PROHIBITED FROM

ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS,

GOODS OR SERVICES BY APPLICABLE LAW.

 

These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through www.byeaos.com (the “Site”). These Terms are subject to change by EAOS, LLC (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Changes to these Terms only apply to orders after such purchases. The latest version of these Terms will be posted on this Site, and you should review these Terms prior to purchasing any product or services that are available through this Site. Your purchase of a product or service through this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

 

2. Order Acceptance and Cancellation.

You agree that your order is an offer to buy, under these

Terms, all products and services listed in your order. All orders must be accepted by us or we

will not be obligated to sell the products or services to you. We may choose not to accept any

orders in our sole discretion. After having received your order, we will send you a confirmation

e-mail with your order number and details of the items you have ordered. Acceptance of your

order and the formation of the contract of sale between EaOS and you will not take place unless

and until you have received your order confirmation e-mail. You have the option to cancel your

order at any time before we have sent your order confirmation e-mail by e-mailing us at

contact@motorcycleearphones.com.

 

3. Prices and Payment Terms.

 

(a) All prices posted on this Site are subject to change without notice. The price charged

for a product or service will be the price in effect at the time the order is placed and will

be set out in your order confirmation e-mail. Price increases will only apply to orders

placed after such changes. Posted prices do not include taxes or charges for shipping and

handling. All such taxes and charges will be added to your merchandise total and will be

itemized in your shopping cart and in your order confirmation e-mail. We are not

responsible for pricing, typographical or other errors in any offer by us and we reserve

the right to cancel any orders arising from such errors.

 

(b) Terms of payment are within our sole discretion and, unless otherwise agreed by us

in writing, payment must be received by us before our acceptance of an order. We use

the services of Stripe, Inc. to process all purchases. You represent and warrant that (i)

the credit card information you supply to us is true, correct and complete, (ii) you are

duly authorized to use such credit card for the purchase, (iii) charges incurred by you

will be honored by your credit card company, and (iv) you will pay charges incurred by

you at the posted prices, including all applicable taxes, if any.

 

4. Shipments; Delivery; Title and Risk of Loss.

 

(a) We will arrange for shipment of the products to you. Please check the individual

product page for specific delivery options. You will pay all shipping and handling

charges specified during the ordering process.

 

(b) Title and risk of loss pass to you upon our transfer of the products to the carrier.

Shipping and delivery dates are estimates only and cannot be guaranteed. We are not

liable for any delays in shipments.

 

5. Returns and Refunds. Except for any products designated on the Site as non-returnable, we

will accept a return of the products for a refund of your purchase price, less the original shipping

and handling costs, provided such return is made within 14 business days of delivery and

provided such products are returned in their original condition. To return products and request a

refund, you must make a request through Celery (our third party provider) or e-mail us directly at

contact@motorcycleearphones.com. To obtain a refund please include your order number,

found in your order confirmation email.

 

You are responsible for all shipping and handling charges on returned items. You bear the risk of

loss during shipment. We therefore strongly recommend that you fully insure your return

shipment against loss or damage and that you use a carrier that can provide you with proof of

delivery for your protection.

Refunds are processed within approximately three business days of our receipt of your

merchandise. Your refund will be credited back to the same payment method used to make the

original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS

DESIGNATED ON THIS SITE AS NON-RETURNABLE.

 

6. LIMITED WARRANTY.

 

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU

MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

 

WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS

PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS

AND WORKMANSHIP.

 

THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON

THE FACE HEROF, INCLUDING THE WARRANTY OF MERCHATABILITY.

 

OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR,

REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT.

 

(a) Who May Use This Warranty?

 

This limited warranty extends only to the original purchaser of products and services

from the Site. It does not extend to any subsequent or other owner or transferee of the

product or any transferee or other beneficiary of the service.

 

(b) What Does This Warranty Cover?

 

This limited warranty covers during the Warranty Period (as defined below) defects in

materials and workmanship in products purchased from the Site.

 

(c) What Does This Warranty Not Cover?

 

This limited warranty does not cover any damages due to:

 

(i) transportation;

 

(ii) storage;

 

(iii) improper use;

 

(iv) failure to follow the product instructions or to perform any preventive

maintenance;

(v) modifications;

 

(vi) combination or use with any products, materials, processes, systems or other

matter not provided or authorized in writing by EaOS;

 

(vii) unauthorized repair;

 

(viii) normal wear and tear; or

 

(ix) external causes such as accidents, abuse, or other actions or events beyond our

reasonable control.

 

(d) What is the Period of Coverage?

 

This limited warranty starts on the date of your purchase and lasts for one year the

“Warranty Period”. The Warranty Period is not extended if we repair or replace a

warranted product or re-perform a warranted service. We may change the availability of

this limited warranty at our discretion, but any changes will not be retroactive.

 

(e) What Are Your Remedies Under This Warranty?

 

With respect to any defective products during the Warranty Period, we will, in our sole

discretion, either: (i) repair or replace such products (or the defective part) free of charge

or (ii) refund the purchase price of such products. We will also pay for shipping and

handling fees to return the repaired or replacement product to you if we elect to repair or

replace the defective products.

 

(f) How Do You Obtain Warranty Service?

 

You may request our warranty service the services of Celery or e-mail us at

contact@motorcycleearphones.com during the Warranty Period.

 

(g) Limitation of Liability

 

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE

REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY

BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER

NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU

FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE

PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY

CIRCUMSTANCES BE LIABLE FOR ANY COSTS OF REPLACEMENT

GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL,

SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR

INDIRECT.

 

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF

INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE

LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

(h) What can you do in case of a dispute with us?

 

The informal dispute resolution procedure detailed in Section 11 is available to you if

you believe that we have not performed our obligations under this limited warranty or

these Terms.

 

8. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy,

[www.riderxbyeaos.com/privacy-policy], governs the processing of all personal data collected from you in

connection with your purchase of products or services through the Site.

 

9. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted

or breached these Terms, for any failure or delay in our performance under these Terms when

and to the extent such failure or delay is caused by or results from acts or circumstances beyond

our reasonable control, including, without limitation, acts of God, flood, fire, earthquake,

explosion, governmental actions, war, invasion or hostilities (whether war is declared or not),

terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection,

epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or

restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or

suitable materials, materials or telecommunication breakdown or power outage.

 

10. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are

governed by and construed in accordance with the internal laws of the Commonwealth of

Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of

the Commonwealth of Pennsylvania or any other jurisdiction) that would cause the application of

the laws of any jurisdiction other than those of the Commonwealth of Pennsylvania.

 

11. Dispute Resolution and Binding Arbitration.

 

(a) YOU AND EaOS ARE AGREEING TO GIVE UP ANY RIGHTS TO

LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO

PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH

RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF

YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE

LIMITED IN ARBITRATION.

 

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT,

TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR

FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION,

COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE

CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY

WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE

SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING

ARBITRATION.

 

(b) The arbitration will be administered by the American Arbitration Association

(“AAA”) in accordance with the Consumer Arbitration Rules (the ”AAA Rules”) then

in effect, except as modified by this Section 11. (The AAA Rules are available at

www.adr.org/arb_med or by calling the AAA at 1-800- 778-7879.) The Federal

Arbitration Act will govern the interpretation and enforcement of this section.

 

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability

and/or enforceability of this arbitration provision, including any unconscionability

challenge or any other challenge that the arbitration provision or the Agreement is void,

voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief

would be available in court under law or in equity. Any award of the arbitrator(s) will be

final and binding on each of the parties, and may be entered as a judgment in any court

of competent jurisdiction.

 

(d) You agree to an arbitration on an individual basis. In any dispute, NEITHER

YOU NOR EaOS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS

BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION

OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS

REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY

GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one

person’s claims, and may not otherwise preside over any form of a representative or

class proceeding. The arbitral tribunal has no power to consider the enforceability of this

class arbitration waiver and any challenge to the class arbitration waiver may only be

raised in a court of competent jurisdiction.

 

If any provision of this arbitration agreement is found unenforceable, the unenforceable

provision will be severed and the remaining arbitration terms will be enforced.

 

12. Assignment. You will not assign any of your rights or delegate any of your obligations under

these Terms without our prior written consent. Any purported assignment or delegation in

violation of this Section 12 is null and void. No assignment or delegation relieves you of any of

your obligations under these Terms.

 

13. No Waivers. The failure by us to enforce any right or provision of these Terms will not

constitute a waiver of future enforcement of that right or provision. The waiver of any right or

provision will be effective only if in writing and signed by a duly authorized representative of

EaOS.

 

14. No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights

or remedies upon any person other than you.

 

15. Notices.

(a) To You. We may provide any notice to you under these Terms by: (i) sending a

message to the e-mail address you provide or (ii) by posting to the Site. Notices sent by

e-mail will be effective when we send the e-mail and notices we provide by posting will

be effective upon posting. It is your responsibility to keep your e-mail address current.

 

(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) e-

mail to contact@motorcycleearphones.com; or (ii) by personal delivery, overnight

courier or registered or certified mail to [211 Parker Ave, Philadelphia PA]. We may update the e-

mail address or address for notices to us by posting a notice on the Site. Notices

provided by personal delivery will be effective immediately. Notices provided by e-mail

or overnight courier will be effective one business day after they are sent. Notices

provided by registered or certified mail will be effective three business days after they

are sent.

 

16. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then

that provision will be deemed severed from these Terms and will not affect the validity or

enforceability of the remaining provisions of these Terms.

 

17. Entire Agreement. Our order confirmation, these Terms, and our Privacy Policy will be

deemed the final and integrated agreement between you and us on the matters contained in these

Terms.