Terms and Conditions
Preamble:
The following terms and conditions (“Terms and Conditions”) are the legal mumbo jumbo that govern the sale of products (“Products”) and services (“Services”) by my sole proprietorship of XI Ears (“XI Ears”) to the awesome customers of XI Ears.
Intellectual Property and Resale:
All intellectual property rights, nerdy things, and bad web design included with the Products and materials displayed or contained within this website are the property of XI Ears. Nothing contained in these Terms and Conditions will be construed as granting any intellectual property rights of XI Ears because I am stingy and you can do better anyways.
Purchases made on this website are intended for customers and are not to be resold, and as such, all reselling of new Products is unauthorized.
Orders:
All orders placed by customers are subject to acceptance by XI Ears. After orders are placed, I may contact customers through email or phone regarding their order. I reserve the right to cancel or refuse any order for any reason at any stage of the ordering process, so don’t be crazy. Orders may be cancelled by XI Ears if there is a limitation on the quantity available for purchase or in the event of pricing or Products information error. In the event of an order cancellation, customers will receive email or written notification of such cancellation.
Price:
The prices for Products and Services are those specified on this website. All Products and Services offered for purchase on this website are subject to availability. The prices stated for each Products and Service are subject to change without notice.
Payments:
I can only accept PayPal as form of payment because I’m not a software developer and don’t sell enough Products to get a real merchant account. You agree to pay all charges and fees incurred in connection with a purchase (including any applicable taxes) at the price in effect when the charge are incurred. Unless you notify XI Ears of a discrepancy within 30 days after the discrepancy first appears on your credit card statement, you agree that it will be deemed accepted by you in all respects and for all purposes. If I do not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by XI Ears or its agents.
Build Time:
In the confirmation email I send on your order, you’ll see an estimated build time from when I receive your ear impressions. This is a scientific wild guess that may be delayed by my everyday life… like if I break my foot, or take my yearly vacation. I’m one guy. I do try really hard though!
Build and Cosmetic Quality:
Every IEM is tested and inspected. Due to the low budget manufacturing process, the low grade of 3D printer used, the finishing materials, and the fact you’re paying about 1/3 of the cost of a “nice” set of IEMS, I cannot guarantee that the IEMs will be free of imperfections. I give them a B+ grade typically for looks and an A+ grade on sound (my personal opinion anyway).
Color:
I want you to like the color. If you don’t, you may return your IEMs within 30 days of receipt and we will rebuild your set in a different color for a fee of $349.00 USD. Additional charges for customizations and shipping apply.
Sound:
We do not offer refunds of custom IEMs for reasons related to personal preference on sound signature.
Fit and Function:
These are ridiculously hard to make. As such, there will be issues. You may need a rebuild or a customization of some kind. XI Ears offers a 30 day fit and function warranty. You must send your Products to me within 30 days post receipt of your order to be covered by the 30 day fit and function warranty. You are responsible for the cost of shipping your Products back to XI Ears. XI Ears will cover the cost of shipping the fixed/replaced earphones back to you.
If the 30 day warranty is used, but the replaced or fixed Products don’t work still after being fixed/replaced, XI Ears requires that you notify us within 30 days of receiving the fixed/replaced Products.
Repairs:
In the event your Products are defective or malfunctioning, you may submit your Products for service. You will need to cover the cost of shipping the Products to me. If it is determined by XI Ears that it was a manufacturing defect on my part, I pay for the repairs. If you broke it, or if it’s older than 30 days, you pay for the repair. XI Ears will pay to ship repaired Products back to you.
Cancellations and Returns:
Custom Products:
If you opt to cancel your order of Custom Products before we build the Products, you must cancel the order within 5 business days after the order is placed. I will process your return and refund within 5 business days. It may take longer than 5 business days for the refund to appear on your credit card statement. We are unable to offer a refund after a custom earphone Product has been built or after the build process has been started.
Universal-Fit Products:
You may return your Universal-Fit Products within 30 days after receipt. The return will be subject to a 15% restocking fee. All returns are subject to RMA by XI Ears. You must ship the Products to XI Ears within 10 business days from RMA submission. Shipping costs for returned Products are the responsibility of the customer. The Products must be in “as-new” condition, complete with any accompanying accessories and within the original box and packaging. Missing items will be subject to additional charges.
Cables:
Cables are guaranteed not to be dead on arrival and have a 30 day limited warranty from the original shipping date.
Limitation of Liability:
XI Ears AND ITS AFFILIATES, VENDORS, OR ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR INCOME, LOSS OF DATA OR SALES, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES OR COST OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE, ANY MATERIALS OR RECOMMENDATIONS ON THIS SITE OR THE USE OF, MISUSE, OR INABILITY TO USE OUR Products OR FROM DEFECTS IN OUR Products, OR DELAY OR FAILURE TO DELIVER. EXCEPT FOR CLAIMS OF PERSONAL INJURY, XI Ears’S MAXIMUM LIABILITY FOR Products PURCHASED FROM XI Ears WILL NOT EXCEED THE ACTUAL PURCHASE PRICE OF THE Products. SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification:
You agree to indemnify and hold XI Ears, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from and against any claim, demand, loss or liability, including attorney’s fees, made by any third party due to or arising out of your use of this website.
Terms and conditions are subject to change.
Privacy Policy:
XI Ears ("XI Ears") operates xiears.com and may operate other websites. It is XI Ears' policy to respect your privacy regarding any information we may collect while operating our websites.
Website Visitors
Like most website operators, XI Ears collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. XI Ears' purpose in collecting non-personally identifying information is to better understand how XI Ears' visitors use its website. From time to time, XI Ears may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
XI Ears also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on xiears.com blogs/sites. XI Ears only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to XI Ears' websites choose to interact with XI Ears in ways that require XI Ears to gather personally-identifying information. The amount and type of information that XI Ears gathers depends on the nature of the interaction. For example, we ask visitors who sign up at xiears.com to provide a username and email address. Those who engage in transactions with XI Ears are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, XI Ears collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction with XI Ears. XI Ears does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Aggregated Statistics
XI Ears may collect statistics about the behavior of visitors to its websites. XI Ears may display this information publicly or provide it to others. However, XI Ears does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
XI Ears discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on XI Ears' behalf or to provide services available at XI Ears' websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using XI Ears' websites, you consent to the transfer of such information to them. XI Ears will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, XI Ears discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when XI Ears believes in good faith that disclosure is reasonably necessary to protect the property or rights of XI Ears, third parties or the public at large. If you are a registered user of an XI Ears website and have supplied your email address, XI Ears may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with XI Ears and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. XI Ears takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
Cookies
A cookie is a string of information that a website stores on a visitor's computer, and that the visitor's browser provides to the website each time the visitor returns. XI Ears uses cookies to help XI Ears identify and track visitors, their usage of XI Ears website, and their website access preferences. XI Ears visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using XI Ears' websites, with the drawback that certain features of XI Ears' websites may not function properly without the aid of cookies.
Business Transfers
If XI Ears, or substantially all of its assets, were acquired, or in the unlikely event that XI Ears goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of XI Ears may continue to use your personal information as set forth in this policy.
Ads
Ads appearing on any of our websites may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by XI Ears and does not cover the use of cookies by any advertisers.
Privacy Policy Changes
Although most changes are likely to be minor, XI Ears may change its Privacy Policy from time to time, and in XI Ears' sole discretion. XI Ears encourages visitors to frequently check this page for any changes to its Privacy Policy. If you have a xiears.com account, you might also receive an alert informing you of these changes. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.