Terms of Service
OVERVIEW
THESE
TERMS AND CONDITIONS CONTAIN A MEDIATION AND BINDING ARBITRATION CLAUSE
THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES.
This
website (the “Site”) is operated by Quality Performance Limited (the
“Company”) with address at 377 Valley Rd #1123, Clifton, NJ 07013 and
email address
https://support.blxbuds.com.
Throughout the Site, the terms “we”, “us” and “our” refer to the
Company. The Company offers this Site, including all information, tools
and services available from this site to you, the user, conditioned upon
your acceptance of all terms, conditions, policies and notices stated
here.
By visiting our site and/ or purchasing
something from us, you engage in our “Service” and agree to be bound by
the following terms and conditions (“Terms of Service”, “Terms”),
including those additional terms and conditions and policies referenced
herein and/or available by hyperlink. These Terms of Service apply to
all users of the site, including without limitation users who are
browsers, vendors, customers, merchants, and/ or contributors of
content.
Please read these Terms of Service
carefully before accessing or using our website. By accessing or using
any part of the site, you agree to be bound by these Terms of Service.
If you do not agree to all the terms and conditions of this agreement,
then you may not access the website or use any services. If these Terms
of Service are considered an offer, acceptance is expressly limited to
these Terms of Service.
You can review the most
current version of the Terms of Service at any time on this page. We
reserve the right to update, change or replace any part of these Terms
of Service by posting updates and/or changes to our website. It is your
responsibility to check this page periodically for changes. Your
continued use of or access to the website following the posting of any
changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By
agreeing to these Terms of Service, you represent that you are at least
the age of majority in your state or province of residence, or that you
are the age of majority in your state or province of residence and you
have given us your consent to allow any of your minor dependents to use
this site.
You may not use our products for any
illegal or unauthorized purpose nor may you, in the use of the Service,
violate any laws in your jurisdiction (including but not limited to
copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate
termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You
understand that your content (not including credit card information),
may be transferred unencrypted and involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. Credit card information
is always encrypted during transfer over networks.
You
agree not to reproduce, duplicate, copy, sell, resell or exploit any
portion of the Service, use of the Service, or access to the Service or
any contact on the website through which the service is provided,
without express written permission by us.
The headings used in this agreement are included for convenience only and will
not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We
are not responsible if information made available on this site is not
accurate, complete or current. The material on this site is provided for
general information only and should not be relied upon or used as the
sole basis for making decisions without consulting primary, more
accurate, more complete or more timely sources of information. Any
reliance on the material on this site is at your own risk.
This
site may contain certain historical information. Historical
information, necessarily, is not current and is provided for your
reference only. We reserve the right to modify the contents of this site
at any time, but we have no obligation to update any information on our
site. You agree that it is your responsibility to monitor changes to
our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices
are exclusive of any tax and shipping costs which shall all be for your
account. You hereby authorize us to charge the tax amount due and
shipping costs to the credit card that you have on file or to collect
the same via the same payment method used for your order.
Prices
do not include any applicable local taxes such as sales tax, import
tax, GST, HST or VAT. If due and collectible, these are your sole
responsibility and we shall have the option to charge these on top of
our prices and may be collected by the Company at any time. In the event
of any assessment by any agency, you are solely responsible to pay such
tax.
Prices do not include any shipping costs.
Shipping costs as stated or real shipping costs whichever are higher are
always due and payable by the customer unless FREE shipping is
expressly given in a special promotion. Shipping is always your
responsibility and you bear all risk of loss. All shipping costs are
non-refundable unless otherwise provided by applicable law.
Prices for our products are subject to change without notice.
We
reserve the right at any time to modify or discontinue the Service (or
any part or content thereof) without notice at any time.
We
shall not be liable to you or to any third-party for any modification,
price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Prices are exclusive of any tax and shipping costs which shall all be for your
account.
Certain
products or services may be available exclusively online through the
Site. These products or services may have limited quantities and are
subject to return or exchange only in accordance with Section 23 herein.
Occasionally
products will be made available for purchase on a pre-order basis. This
may occur when a product is currently not in stock. If a product is not
currently in stock, we offer you the opportunity to place your
pre-order to secure delivery when the product is back in stock. You will
be charged the full price of the products at the time of placing your
pre-order. Upon securing your purchase via pre-order, you acknowledge
that such products are not available for immediate delivery, but will be
shipped as soon the product is back in stock. The checkout form and
order confirmation will indicate clearly if a product is available on a
pre-order basis, and will state the estimated delivery date.
We
have made every effort to display as accurately as possible the colors
and images of our products. We cannot guarantee that your computer
monitor's display of any color will be accurate.
We
reserve the right, but are not obligated, to limit the sales of our
products or Services to any person, geographic region or jurisdiction.
We may exercise this right on a case-by-case basis. We reserve the right
to limit the quantities of any products or services that we offer. All
descriptions of products or product pricing are subject to change at any
time without notice, at our sole discretion. We reserve the right to
discontinue any product at any time. Any offer for any product or
service made on this site is void where prohibited.
We
do not warrant that the quality of any products, services, information,
or other material purchased or obtained by you will meet your
expectations, or that any errors in the Service will be corrected.
SECTION 6 -– SHIPPING
Shipping
fees and associated costs (Shipping Charges), and risks are the sole
responsibility of the customer and are all for your account. You may be
charged USD/EUR/GBP 8.95 for Shipping Charges but actual Shipping
Charges may be higher depending on your location and other factors.
Shipping Charges for your order will be calculated and displayed at
checkout. All shipping costs are non-refundable unless otherwise
provided by applicable law.
Excluding products
which are pre-ordered, delivery will take up to 30 days and delivery
delays can occasionally occur. Products which are pre-ordered will
clearly display the estimated shipping date on the checkout form and
order confirmation page. We are not responsible for any customs
clearance charges, duties, or taxes applied to your order. All fees
imposed during or after shipping are for your sole responsibility (e.g.,
tariffs, taxes, VAT, etc.). If any clearance charges, duties, or taxes
remain due and collectible, you hereby authorize us to charge the amount
due to the credit card that you have on file or to collect the same via
the same payment method used for your order. We are not liable for any
products damaged or lost during shipping. If you received your order
damaged, please contact the shipment carrier to file a claim. Please
save all packaging materials and damaged goods before filing a claim.
Pre-ordered products will be delivered to you on or around the estimated
date specified in the Checkout page. Although we will make efforts to
begin delivering products as soon as reasonably practicable, you
understand and agree that there may be delays. An estimated time of
delivery is only an estimate, and is subject to change. We do not
represent or warrant that we will be able to ship the product by the
estimated date. As a result, in the event that a delay arises and the
estimated shipment date is not met, we are not responsible for any
damages that may occur due to the delay, nor shall we be obligated,
except as set forth in these Terms or except as provided by law, to
provide any discounts, refunds or credits due to any such delays. We
will provide you updates with respect to such delivery schedules.
GENERAL INFORMATION
To
ensure that your order(s) are properly delivered and that you receive
them within the estimated timelines we advertise, please make sure that
your address is correctly entered and includes all relevant and/or
required information. The use of correct abbreviations, street numbers,
building or apartment numbers, and route information (if applicable) is
critical for ensuring timely delivery. We do not take responsibility for
lost, misplaced, or incorrectly delivered shipments if the address
information provided is incorrect or incorrectly entered at the time of
purchase.
Shipping Charges for your order will be
calculated and displayed at checkout. Shipping fees and associated costs
(Shipping Charges), and risks are the sole responsibility of the
customer. Shipping Charges may vary depending on your location and other
factors. We also offer Free Shipping on certain promotional offers,
which will be clearly and expressly indicated during the checkout
process. We are not responsible for any customs clearance charges,
duties, or taxes applied to your order. All fees imposed during or after
shipping are for the sole responsibility of the customer (e.g.,
tariffs, taxes, VAT, etc.).
PROCESSING TIME
We
ship available items out as soon as possible, but this will not always
be the same day as your order. All orders are subject to processing time
that is separate and apart from the time it takes for a shipment to
reach its destination once it has been picked up from our fulfillment
center by the applicable carrier. Depending on a number of factors,
standard domestic and international orders may take up to 3-7 business
days (excluding Saturdays, Sundays, and Holidays) to process.
Generally,
shipping may take up to a minimum of 3 to 7 business days to a maximum
of 30 days from receipt of your properly completed order (excluding
applicable processing time). Shipping of International order(s) and
those for other U.S. Territories may take longer. In all cases shipping
dates may be extended, such as, when there is a surge in delivery volume
especially during peak seasons or when due to unforeseen factors
outside of our control (e.g., local delivery partners delays, strikes,
unusual weather, pandemic related delays, etc.). When your order has
been shipped, you will receive an email with tracking information. We
will provide tracking numbers for all purchases upon shipment.
DELAY NOTICE
If
we are unable to ship out your order(s) within 30 days from receipt of
your properly completed order (excluding applicable processing time) we
will reach out to you via a Delay Notice to inform you of the
unanticipated delay and the revised shipment date of up to 30 days. Upon
receipt, if you do not want to wait, you may cancel your order by
informing us of your decision. If we do not hear from you before
shipment, we will assume you agree to the delay and revised shipment
date.
We are not responsible for any customs
clearance charges, duties, or taxes applied to your order. All fees
imposed during or after shipping are for the sole responsibility of the
customer (tariffs, taxes, VAT, etc.). If any clearance charges, duties,
or taxes remain due and collectible, you hereby authorize the company to
charge the amount due to the credit card that you have on file or to
collect the same via the same payment method used for your order.
SHIPPING CLAIMS
Unless
otherwise provided herein or covered by our Pre-Order Policy, for items
not received, please reach out to our customer support team at:
https://support.blxbuds.com
within sixty (60) days from order date to file a claim. We reserve the
right and discretion to reject claims after that time frame. Although
risk of loss and title for such items pass to you upon our delivery to
the shipper, we will assist all timely filed claims, by:
Opening an investigation with our shipper which may take 7-10 days to complete;
In case of confirmed non-delivery, carrier typically will find and deliver
your package; and
In case of confirmed non-delivery and your package is not found, we will
either refund or replace your order.
If you received your order damaged, or it was lost during shipping, please
reach out to our customer support team at:
https://support.blxbuds.com
for immediate assistance. For damaged Order(s), please provide all
packaging materials and damaged goods when filing a claim in compliance
with Section 23 below, photos taken with your mobile phone that show the
extent of the damage may be considered sufficient proof of claim, at
our sole discretion.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We
reserve the right to refuse any order you place with us. We may, in our
sole discretion, limit or cancel quantities purchased per person, per
household or per order. These restrictions may include orders placed by
or under the same customer account, the same credit card, and/or orders
that use the same billing and/or shipping address. In the event we make a
change to or cancel an order, we may attempt to notify you by
contacting the e-mail and/or billing address/phone number provided at
the time the order was made. We reserve the right to limit or prohibit
orders that, in our sole judgment, appear to be placed by dealers,
resellers or distributors.
You agree to provide
current, complete and accurate purchase and account information for all
purchases made through this Site. You agree to promptly update your
account and other information, including your email address and credit
card numbers and expiration dates, so that we can complete your
transactions and contact you as needed.
Upon
completion of your order, we assume your address to be verified, correct
and double checked. However, if it is discovered that you provided an
incorrect or incomplete shipping address, we will endeavor to contact
you within 24-48 hours of purchase via email or phone to verify the
address you provided or to request a new address to which your orders
can be delivered. If within seven (7) days after our initial attempt to
contact you, we are unable to communicate with you or if you fail to
provide us with a complete valid address for delivery, we shall store
your orders and await further instructions from you.
Under
no circumstance will we be liable for any cost, loss, depreciation, or
damage, arising from delay in delivery or non-delivery due to the
incorrect or incomplete shipping address details provided by you.
For more details, please review our Returns and Exchange Policy.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include
materials from third-parties.
Third-party
links on this Site may direct you to third-party services or websites
that are not affiliated with us. We are not responsible for examining or
evaluating the content or accuracy and we do not warrant and will not
have any liability or responsibility for any third-party materials or
websites, or for any other materials, products, or services of
third-parties.
We are not liable for any harm or
damages related to the purchase or use of goods, services, resources,
content, or any other transactions made in connection to any third-party
websites. Please review carefully the third-party's policies and
practices and make sure you understand them before you engage in any
transaction. Complaints, claims, concerns, or questions regarding
third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If,
at our request, you send certain specific submissions (for example
contest entries) or without a request from us you send creative ideas,
suggestions, proposals, plans, or other materials, whether online, by
email, by postal mail, or otherwise (collectively, 'comments'), you
agree that we may, at any time, without restriction, edit, copy,
publish, distribute, translate and otherwise use in any medium any
comments that you forward to us. We are and shall be under no obligation
(1) to maintain any comments in confidence; (2) to pay compensation for
any comments; or (3) to respond to any comments.
We
may, but have no obligation to, monitor, edit or remove content that we
determine in our sole discretion are unlawful, offensive, threatening,
libelous, defamatory, pornographic, obscene or otherwise objectionable
or violates any party’s intellectual property or these Terms of Service.
You
agree that your comments will not violate any right of any third-party,
including copyright, trademark, privacy, personality or other personal
or proprietary right. You further agree that your comments will not
contain libelous or otherwise unlawful, abusive or obscene material, or
contain any computer virus or other malware that could in any way affect
the operation of the Service or any related website. You may not use a
false e-mail address, pretend to be someone other than yourself, or
otherwise mislead us or third-parties as to the origin of any comments.
You are solely responsible for any comments you make and their accuracy.
We take no responsibility and assume no liability for any comments
posted by you or any third-party.
SECTION 10- INTELLECTUAL PROPERTY
The
Site contains content owned or licensed by Company (the "Content"). The
Content is protected by copyright, trademark, patent, trade secret and
other laws and Company owns and retains all rights in the Content and
the Service. You will not remove, alter or conceal any copyright,
trademark, service mark or other proprietary rights notices incorporated
in or accompanying the Content and you will not reproduce, modify,
adapt, prepare derivative works based on, perform, display, publish,
distribute, transmit, broadcast, sell, license or otherwise exploit the
Content.
The Company name and logo are trademarks
of Company, and may not be copied, imitated or used, in whole or in
part, without prior written permission. In addition, all page headers,
custom graphics, and scripts are service marks, trademarks and/or trade
dress of Company, and may not be copied, imitated or used, in whole or
in part, without prior written permission from Company.
SECTION 11- ELECTRONIC COMMUNICATIONS, TELEMARKETING AND TEXT MESSAGES
Telemarketing
(if applicable and when legally allowed): Regardless of the fact that
your telephone and/or cell number may be listed with the Federal
Do-Not-Call Registry or your local State Do-Not-Call list, by providing
us your telephone and/or cell number, you are providing express written
consent to receive future information (including telemarketing) about
products and services from us or our affiliates, and you hereby agree
and consent to our contacting you using the information you have
provided and will provide to us. This means that within the time limits
allowed by law, we may contact you by e-mail, phone and/or cell number
(including use of automated dialing equipment and/or pre-recorded
calls), text (SMS) message, social networks, or any other means of
communication that your wireless or other telecommunications device may
be capable of receiving (i.e., video, etc.). You further acknowledge
that you are not required to agree directly or indirectly or enter into
an agreement regarding our telemarketing efforts as a condition of
purchasing any goods or services from us or our affiliates.
By
accepting this Agreement and using our Site and Service, or by
providing your prior express consent/opt-in in accordance with
applicable law, you consent to receive communications from us
electronically. Although we may choose to communicate with you by other
means, we may also choose to solely communicate with you electronically
by e-mail or by posting notices on the Site. You agree that all
agreements, notices, disclosures, and other communications that we send
to you electronically satisfy any legal requirement that such
communications be in writing.
By providing your
mobile phone number to us or our Network or where you provide “prior
express written consent” within the meaning of the Telephone Consumer
Protection Act (“TCPA”) or any applicable law, you consent to receive
telephone calls, including artificial voice calls, pre-recorded messages
and/or calls delivered via automated technology and text and SMS
messages to the telephone number(s) that you provided from us listed in
and hyperlinked to the consent. Message Frequency Varies. The mobile
carriers are not liable for delayed or undelivered Messages. Consumers
may request up to a maximum of twenty (20) messages per month, with no
more than three (3) text messages in one day. Your express consent to
receive telephone calls and SMS messages is not a condition of
purchasing and availing our products and services.
You
understand that the text messages we send may be seen by anyone with
access to your phone. Accordingly, you should take steps to safeguard
your phone and your text messages if you want them to remain private.
If
you wish to stop receiving text messages from us, reply to any text
message we have sent you and simply text “STOP”, “END” or “QUIT”. You
may also request to stop receiving text messages by calling us or
emailing us using the following information:
https://support.blxbuds.com
If
at any time you need our contact information or information on how to
stop text messages, reply to any text message we have sent you and
simply text HELP or click here for support. Message and Data Rates May
Apply to any text/SMS communication.
SECTION 12 - PERSONAL INFORMATION
Your
submission of personal information through the store is governed by our
Privacy Policy. For more detail, please review our privacy policy.
SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally
there may be information on our site or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to
product descriptions, pricing, promotions, offers, product shipping
charges, transit times and availability. We reserve the right to correct
any errors, inaccuracies or omissions, and to change or update
information or cancel orders if any information in the Service or on any
related website is inaccurate at any time without prior notice
(including after you have submitted your order).
We
undertake no obligation to update, amend or clarify information in the
Service or on any related website, including without limitation, pricing
information, except as required by law. No specified update or refresh
date applied in the Service or on any related website, should be taken
to indicate that all information in the Service or on any related
website has been modified or updated.
SECTION 14 - PROHIBITED USES
In
addition to other prohibitions as set forth in the Terms of Service,
you are prohibited from using the site or its content: (a) for any
unlawful purpose; (b) to solicit others to perform or participate in any
unlawful acts; (c) to violate any international, federal, provincial or
state regulations, rules, laws, or local ordinances; (d) to infringe
upon or violate our intellectual property rights or the intellectual
property rights of others; (e) to harass, abuse, insult, harm, defame,
slander, disparage, intimidate, or discriminate based on gender, sexual
orientation, religion, ethnicity, race, age, national origin, or
disability; (f) to submit false or misleading information; (g) to upload
or transmit viruses or any other type of malicious code that will or
may be used in any way that will affect the functionality or operation
of the Service or of any related website, other websites, or the
Internet; (h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for
any obscene or immoral purpose; or (k) to interfere with or circumvent
the security features of the Service or any related website, other
websites, or the Internet. We reserve the right to terminate your use of
the Service or any related website for violating any of the prohibited
uses.
PROHIBITION ON RESALE
You
may purchase products on the site only for personal use and not for
resale. By placing your order, you agree that you are purchasing
products:
- for personal use; or
- for gifting purposes only
WE RESERVE THE RIGHT TO REFUSE ORDERS FOR ANY REASON WITHOUT EXPLANATION.
You
further agree that, in no event, will you resell any product purchased
on any online marketplace, including but not limited to Amazon, Ebay,
Wish, Walmart or all other similar online marketplace.
In the event that you do resell your products purchased through any other type
of marketplace, you will:
- Ensure it is subject to a term that any subsequent purchaser not sell
online in any online marketplace as above;
- Mark the goods as used and previously purchased; and
- Provide no warranty.
SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We
do not guarantee, represent or warrant that your use of our site or
service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the
site or service will be accurate or reliable.
You
agree that from time to time we may remove the service for indefinite
periods of time or cancel the service at any time, without notice to
you.
You expressly agree that your use of, or
inability to use, the service is at your sole risk. The service and all
products and services delivered to you through the service are (except
as expressly stated by us) provided “as is” and “as available” for your
use, without any representation, warranties or conditions of any kind,
either express or implied, including all implied warranties or
conditions of merchantability, merchantable quality, fitness for a
particular purpose, durability, title, and non-infringement.
In
no case shall the Company, our directors, officers, employees,
affiliates, agents, contractors, interns, suppliers, service providers
or licensors be liable for any injury, loss, claim, or any direct,
indirect, incidental, punitive, special, or consequential damages of any
kind, including, without limitation lost profits, lost revenue, lost
savings, loss of data, replacement costs, or any similar damages,
whether based in contract, tort (including negligence), strict liability
or otherwise, arising from your use of any of the service or any
products procured using the service, or for any other claim related in
any way to your use of the service or any product, including, but not
limited to, any errors or omissions in any content, or any loss or
damage of any kind incurred as a result of the use of the service or any
content or product posted, transmitted, or otherwise made available via
the service, even if advised of their possibility. Because some states
or jurisdictions do not allow the exclusion or the limitation of
liability for consequential or incidental damages, in such states or
jurisdictions, our liability shall be limited to the maximum extent
permitted by law.
SECTION 16 - INDEMNIFICATION
You
agree to indemnify, defend and hold harmless the Company and our
parent, subsidiaries, affiliates, partners, officers, directors, agents,
contractors, licensors, service providers, subcontractors, suppliers,
interns and employees, harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third-party due to or arising
out of your breach of these Terms of Service or the documents they
incorporate by reference, or your violation of any law or the rights of a
third-party.
SECTION 17 - SEVERABILITY
In
the event any provision of these Terms of Service is determined to be
unlawful, void or unenforceable, such provision shall nonetheless be
enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and
enforceability of any other remaining provisions.
SECTION 18 - TERMINATION
The
obligations and liabilities of the parties incurred prior to the
termination date shall survive the termination of this agreement for all
purposes.
These Terms of Service are effective
unless and until terminated by either you or us. You may terminate these
Terms of Service at any time by notifying us that you no longer wish to
use our Services, or when you cease using our Site.
If
in our sole judgment you fail, or we suspect that you have failed, to
comply with any term or provision of these Terms of Service, we also may
terminate this agreement at any time without notice and you will remain
liable for all amounts due up to and including the date of termination;
and/or accordingly may deny you access to our Services (or any part
thereof).
SECTION 19 - ENTIRE AGREEMENT
The
failure of us to exercise or enforce any right or provision of these
Terms of Service shall not constitute a waiver of such right or
provision.
These Terms of Service and any policies
or operating rules posted by us on this site or in respect to the
Service constitutes the entire agreement and understanding between you
and us and govern your use of the Service, superseding any prior or
contemporaneous agreements, communications and proposals, whether oral
or written, between you and us (including, but not limited to, any prior
versions of the Terms of Service).
SECTION 20 - GOVERNING LAW
These
Terms of Service and any separate agreements whereby we provide you
Services shall be governed by and construed in accordance with the laws
of the province of British Columbia and you consent to the exclusive
jurisdiction of the courts of British Columbia.
If you have a complaint, please contact us via
https://support.blxbuds.com.
If you feel your complaint is not adequately addressed, you agree to
first refer the dispute to mediation in accordance with the governing
law as set forth in this Section before resorting to arbitration. If the
dispute has not been settled by mediation, such dispute shall
thereafter be finally settled by arbitration also in accordance with the
governing law as set forth in this Section, rather than in court. You
agree to share equally with us in the costs of the mediation and/or
arbitration.
You may opt out of this agreement to
mediate and arbitrate. If you do so, neither you nor the Company can
require the other to participate in an arbitration proceeding. To opt
out, you must notify the Company in writing via
https://support.blxbuds.com within thirty (30) days of the date that
you first became subject to this mediation and arbitration provision.
SECTION 21 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on
this page.
We
reserve the right, at our sole discretion, to update, change or replace
any part of these Terms of Service by posting updates and changes to
our website. It is your responsibility to check our website periodically
for changes. Your continued use of or access to our website or the
Service following the posting of any changes to these Terms of Service
constitutes acceptance of those changes.
SECTION 22 - CANCELLATIONS
Unless
otherwise provided herein or covered by our Pre-Order Policy, we try to
ship your product out as fast as possible once you have placed your
order. Shipment means sending your order to fulfillment to be processed
by our warehouse staff. Orders can only be cancelled if they haven’t
been shipped. Cancellations can only be processed for a short period of
time after your order has been submitted. If you’d like to cancel your
order prior to shipment, please reach out to our customer service team.
Pre-orders can be cancelled any time prior to shipment. If your order
cannot be cancelled, you may qualify to return and refund your order
under our Returns Policy.
In some cases, to the extent allowed by law,
your approved cancellation or return resulting in a refund shall be
subject to a cancellation fee charge for the cancellation of an order or
return of the product to the warehouse. The cancellation fee shall be
deducted from your refund.
Cancel/Return Request
You cancelled an order within 24 hours after placing an order.
You cancelled an order before the product has been shipped or sent
to fulfillment.
You
changed your mind about a purchase and returned an item in the original
condition within the return period mentioned in Sec. 23.
You refused delivery due to visible damage incurred during shipping
or caused by the carrier.
You received a used, damaged or defective item.
You returned a product that is materially different from what you
ordered.
Cancellation Fee
A cancellation fee of up to 15% of the order's amount.
A cancellation fee of up to 15% of the order's amount.
A cancellation fee of up to 25% of the product's price shall be
charged to you.
No cancellation fee.
No cancellation fee.
No cancellation fee.
SECTION 23 - RETURNS AND EXCHANGE POLICY
Our
Return Policy lasts 30 days and it takes effect from the time you
receive your purchase. If more than 30 days have gone by since delivery
of your purchase, unfortunately we can’t offer you a refund, exchange or
price equivalent in store credit.
Assuming you return your purchase within 30 days from receipt, to be eligible
for a return:
- For
hygiene and health reasons, specific products such as earbuds and
insoles, must be in brand new condition unused/unworn and in its
original packaging.
- Product packaging must be intact and returned to us in an appropriate
shipping container.
- Product must be returned to the return facility address provided by our
customer service.
Non-returnable items:
- Gift cards
- Downloadable software products
- Product is returned damaged
For
reasons of health protection, sanitary and hygiene, unless they are
faulty, we cannot offer refunds on specific products such as earbuds and
insoles unless they are returned within 30 days from the time you
received your purchase, new, unused/unworn, and intact in their original
packaging. Due to health protection or hygiene reasons, return of such
product is not suitable after it has been unsealed or the packaging
opened because resale or reuse of our product is impossible.
To ensure the quick processing of your return please confirm the return
facility address with our customer service at
https://support.blxbuds.com
and provide us with the tracking number. All products must be returned
to the return facility address confirmed by our customer service agent,
otherwise we may reject your return. Once your return is received and
inspected, we will send you an email to notify you that we have received
your returned item. Return will be processed within 30 days upon
receipt of the returned item at the returns facility. Once the return
has been processed, we will also notify you of the approval or rejection
of your return.
Approved returns may be refunded,
exchanged or issued store credit equivalent to the purchase price. If
you need to exchange your purchase for the same item or you want to
request for a refund or store credit, send us an email at
https://support.blxbuds.com.
Approved refund will be issued to the same payment method used for the
order. For orders made by credit card, the amount to be refunded will be
visible on the next bank statement of the card. The time of processing
may vary depending on the issuing company of the credit card, this time
generally takes up to 45 working days. Refund of orders made by bank
transfer will be completed on the original bank account within 48 hours
from issuance of credit note and only after receiving the bank details
from customers. Refund is made on the same currency of the original
order. Possible difference in the refunded amount may depend on
variations of the currency exchange rate and will not be refunded. We
prioritize and endeavor to refund via your original form of payment.
However, if we are unable to issue a refund due to unavoidable
exceptional circumstances, we will issue store credit.
If
you are a customer in the European Economic Area (EEA), and you prefer a
refund and your request has been approved for being compliant with our
Return Policy requirements, you must return such item to us and we must
receive it before the expiration of the 14th day from you notifying us
that you would like to withdraw from the sale or before the expiration
of the 30th day from your receipt of the order, whichever comes later.
Once approved and provided we receive the returned item before the
expiration of said 14th day, we shall reimburse all payments received
from you, including the costs of delivery, without undue delay and in
any event not later than 14 days of notifying us that you would like to
cancel your order, subject to refund processing periods provided in the
previous section. For faulty or defective goods, or for orders withdrawn
within the first 14 days of the return period and approved and provided
we receive the returned item before the expiration of said 14th day
(when applicable), we shall reimburse all payments received from you,
including the costs of delivery, to the same payment method used for the
order, without undue delay and in any event not later than 14 days of
notifying us that you would like to withdraw your order, subject to
refund processing periods provided in the previous section.
SHIPPING RETURNS
You
will be responsible for paying for your own shipping costs for
returning your item. Shipping costs are non-refundable unless otherwise
provided by applicable law.
For replacements, all
related shipping and handling fees will all be for your account.
Depending on where you live and other factors, there will be a shipping
and handling fee of US$10 per item or higher and the time it may take
for your exchanged product to reach you, may vary.
If
you are shipping an item over US$75, you should consider using a
trackable shipping service or purchasing shipping insurance. We don’t
guarantee that we will receive your returned item.
Please
note, however, that subject to certain requirements, should you choose
the Paypal payment option, Paypal offers a return shipping fee refund to
its members in selected countries. To find out if you qualify for a
return shipping refund from PayPal, activate your Refunded Returns
Service with PayPal at this link:
https://www.paypal.com/ie/webapps/mpp/refunded-returns
Please
note that the PayPal’s Refunded Returns service may differ by country.
You can review the general conditions of use at the link above or
contact PayPal for more information. Be informed that the PayPal
Refunded Returns Service is available only through the PayPal website
and that the Company bears no responsibility for PayPal’s Refunded
Returns Service, conditions of use or any changes or updates thereto.
Paypal’s Refunded Returns Service is subject to our Returns and Exchange Policy
under Sec. 23.
SECTION 24 - CONTACT INFORMATION