Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Earphone Emporium. The collective work includes works that are licensed to Earphone Emporium. Copyright 2003, Earphone Emporium ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Earphone Emporium or purchasing Earphone Emporium products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Earphone Emporium or to purchase Earphone Emporium products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Earphone Emporium. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Earphone Emporium used in the site are trademarks or registered trademarks of Earphone Emporium
Warranty Disclaimer
Satisfaction Guaranteed or Your Money Back
Our goal is that you are completely satisfied with your purchase. If for any reason you are not satisfied, simply return your purchase in its original packaging, with your original packing slip and EarphoneEmporium.com Order Confirmation E-mail Receipt within 30 days of your purchase for a complete refund of the purchase price. If you are not satisfied with your purchase after this time period, please let us know. Your satisfaction is important to Earphone Emporium.
Please inspect product within 24 hours of receipt and notify Earphone Emporium of any damage or shortage the same day you receive delivery of your product. If for any reason you are not satisfied with a purchase beyond damage or shortage, please take advantage of our 30 day money back guarantee.
Do not accept a visibly damaged product until the person making the delivery has endorsed the air bill/bill of lading with a statement of the extent of the damage. We know you are excited to get your package but if it looks damaged please make sure to alert the driver and have him give you some paperwork stating that you think it is damaged. Don’t be intimidated to ask, drivers are very friendly people.
If damage is concealed and found after unpacking, please retain all packing material and immediately call us. Concealed damage must be reported within 24 hours of delivery.
Regardless of your shipping terms, we will assist you if the merchandise is verified as damaged in transit. Notify us within 24 hours of damages so that we can provide you with assistance on the claim with the freight carrier. When calling, please have the sales order number at hand. And please do not dispose or delete of any paperwork/transaction relating to the damaged product. We may request that you send us copies of air bills/bills of lading and/or inspection reports.
Shipping and handling charges are generally not refundable, unless the product was damaged during delivery or if the wrong item was shipped. Please make sure to contact us immediately if this occurs.
A 15% restocking fee applies on Cellphone and MP3 Accessories not returned in the original box, used, or not containing all original product packaging and accessories.
Special orders cancelled after 24 hours of purchase are subject to a 15% order cancellation fee
Two-Way Radio Accessories Extended Warranty
All two-way radio accessories are warranted from manufacture defect for the period of 1 year from the date of purchase.
Wearable replacement parts, once opened, are excluded from this policy. This includes Audio Tubes, Foam Covers, and Ear Inserts.
Please Note: Items that no longer work properly due to customer mis-use, abuse and/or improper care will not be warranted.
Returns
For more information about returning a product please go here.
Limitation of Liability
Earphone Emporium shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Earphone Emporium has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Earphone Emporium product is mistakenly listed at an incorrect price, Earphone Emporium reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Earphone Emporium reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Earphone Emporium shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Earphone Emporium without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Earphone Emporium may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Earphone Emporium.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Earphone Emporium products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Earphone Emporium products) must be commenced within one (1) year after the claim or cause of action arises. Earphone Emporium's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Earphone Emporium may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Earphone Emporium or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Earphone Emporium does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Earphone Emporium is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Earphone Emporium reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Earphone Emporium in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Earphone Emporium, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Earphone Emporium may link to sites operated by third parties. However, even if the third party is affiliated with Earphone Emporium, Earphone Emporium has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Earphone Emporium. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Earphone Emporium seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
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