Terms & Conditions
Our Online Shop Policies, Terms & Conditions & Privacy Policy
By accessing, browsing, or purchasing from this website, you ("Customer", "Buyer", or "you") agree to be legally bound by the following Acceptance of the Online Shop Policies, Terms & Conditions & Privacy Policy as described herein. Please read them carefully before finalizing any purchases.
We reserve the right to update, modify, revise & change the Online Shop Policies, Terms & Conditions & Privacy-Policy at our discretion or as required by mandatory regulations.
For customers from the European Union (EU) or European Economic Area (EEA), contracts are processed in accordance with EU Directive 2011/83/EU (Consumer Rights Directive) & EU Directive 2023/2673 regarding distance contracts.
EU Customers - Important Information Regarding Your Right of Withdrawal:
By placing your order, you explicitly acknowledge and agree that In-Ear Monitors (IEMs) are classified as sealed goods sealed for health protection and hygiene reasons. In accordance with Article 16(e) of EU Directive 2011/83/EU, your statutory 14-day right of withdrawal will be lost and terminated immediately once the hygiene seal on the package is broken, unsealed, or tampered with after delivery. Unopened items with an intact hygiene seal remain eligible for return within 14 days.
EU Customers: ALL ITEMS SOLD TO EU CUSTOMERS WILL BE PROTECTED BY A SEAL. IF THE SEAL IS BROKEN, UNSEALED, OR TAMPERED WITH, YOUR STATUTORY 14-DAY RIGHT OF WITHDRAWAL OF THE PURCHASE CONTRACT UNDER EU DIRECTIVE 2023/2673 WILL BE AUTOMATICALLY TERMINATED.
Use of products purchased on this website
While we make every effort to provide you with a quality product, we do not warrant its quality if it is subject to improper use or mishandling by the user. This product is designed & built to serve its normal & intended purpose for a reasonable time.
Privacy-Policy
Please see our Privacy Policy page here.
Warranty
Please see our Warranty page here.
Contacting us
We strive to be accessible to our customers for any questions, comments, or order information. Email works best, as it automatically adds your email to our customer service queue for follow-up. Just email hello@akoustyx.com & we will make sure all emails are replied to within the shortest possible time with your requested information.
Copyright, Brand, Trademarks & Patents
2018 Akoustyx LLC All rights are reserved.
Copyright laws, brand, trademark laws & patent laws protect all our website designs, images, product designs & features & website content in the U.S. & other countries. It is prohibited & illegal for any party(ies) to duplicate, replicate, distribute, publish, print, reproduce, on any type of media, any of our website designs, images, product designs & website content, in whole or in part, without our prior written consent. Legal action will be taken against any infringements.
Prices, Sales Tax, Availability & Specifications
Prices for our products on our website are quoted in U.S. Dollars. We offer the convenience of automatic switching to most currencies as part of our service to our international customers. All prices are subject to change without prior notice. There shall be no dispute on prices; all prices are clearly quoted on our website. In case of any dispute(s), all prices will be based on U.S. dollars only, regardless of the currency in which the order was placed.
We are required by law to collect sales tax on all sales within California.
The website will show the available inventory for each item. We reserve the right to limit the quantity of any item sold or prohibit a sale altogether.
Order Confirmation
Once you confirm your order checkout process, we will re-confirm your order by email confirmation, outlining your order, total amount, sales tax (where applicable), shipping and handling (if any), insurance (if any) and delivery method. If there are any errors in the details, please email us within 24 hours. Once your order is processed from your shopping cart to checkout over 24 hours, we will not be able to make changes. You can always email us at hello@akoustyx.com if you have any questions during this process.
Payment
We accept major credit cards & PayPal only. We do not accept cash sales.
Fraud
We take every precaution available to prevent and avoid online fraud, especially with the use of credit cards. We do try our best to take measures that make your credit card transaction with us private and secure. We record all IP addresses to track users. If you feel like you are a victim of credit card fraud (if someone has wrongfully used your card to purchase from us), please contact us immediately, as we will assist you in fixing the problem.
In the interest of preventing internet or online fraud, Akoustyx LLC reserves the right to refuse to ship and terminate any order that presents a risk of fraud, including but not limited to multiple transaction attempts by credit card or PayPal, and/or submitted with an untraceable email address, and/or an invalid telephone number.
Shipping
Domestic USA: We ship most items using USPS or UPS & our shipping costs are clearly quoted on our website. We are not responsible for any delays caused by USPS or UPS.
Outside the USA: We ship most items using express service, which is generally delivered by the local postal service of your country.
NOTE: Your order may ship from our logistics centers located outside the USA.
IMPORTANT:
FOR SHIPMENTS OUTSIDE THE USA (NON-EU) – OUR PRICES DO NOT INCLUDE ANY VAT, GST OR ANY LOCAL IMPORT TARIFFS OR DUTIES PAYABLE IN YOUR COUNTRY & SUCH TARIFFS & DUTIES (IF CHARGED) ARE PAYABLE BY THE BUYER.
EU CUSTOMERS - THE EUROPEAN UNION HAS ELIMINATED THE €150 'DE MINIMIS' CUSTOMS DUTY EXEMPTION FOR ALL PACKAGES SHIPPED FROM OUTSIDE THE EU. PLEASE BE INFORMED THAT THE SHIPMENT COSTS, VAT & RELEVANT IMPORT DUTIES ARE PROCESSED BY A THIRD-PARTY LOGISTICS PROVIDER AS PER THE UPDATED EUROPEAN UNION REGULATIONS Regulation (EU) No 952/2013 and subsequent amending proposals.
- Customs Duty Exemption Removal: Proposal COM/2023/259 final (amending Regulation (EC) No 1186/2009 and Regulation (EEC) No 2658/87).
- General Customs Code Reform: Proposal COM/2023/258 final (establishing the new Union Customs Code/EU Customs Authority, repealing Regulation (EU) No 952/2013).
Shipment Mailing Address
To ensure your order is not delayed or lost due to an incomplete address, when confirming your purchase, you must provide an accurate mailing address, indicating the apartment or house number, building name, street name & number, city, state/province, country, zip/area code, email & telephone numbers. Orders delayed or lost due to providing us with incorrect or incomplete addresses are not our responsibility & will not be refunded.
Pre-shipment Exchanges, Cancellations & Returns
Pre-shipment Exchanges & Cancellations: We will reconfirm your order by email confirmation, outlining your order, total amount, sales tax (where applicable), shipping and handling (if any), insurance (if any) and delivery method. If there are any errors in the details, please email us within 24 hours. Once your order is processed from your shopping cart checkout over 24 hours, we may not be able to make any changes or cancellations. All costs to return the items will be at the customer’s expense, including all return shipping & re-stocking fees for cancelled orders, which will be deducted from the refund amount.
Returns for Warranty Service: Please see our Warranty page here.
Returns for Refund:
Our policy lasts 30 days only. If 30 days have gone by since your purchase, unfortunately, we can’t offer you a refund or exchange. To be eligible for a return for a refund within 30 days from the date of purchase, your item must be UNDAMAGED, UNOPENED & UNUSED, and in the same condition that you received it. It must also be in the original packaging with all the accessories.
IMPORTANT: Failing to return the complete product in UNDAMAGED, UNOPENED & UNUSED condition with the package & all accessories will incur additional charges for replacement of each accessory item, which will be deducted from the refund amount. Shipping costs to return the product(s) are to be paid by the buyer & applies to both domestic USA & International customers.
Refund claim for UNDAMAGED, UNOPENED & UNUSED product: please email us at hello@akoustyx.com & provide us with your receipt or proof of purchase (such as order number or invoice number) to process a Return Merchandise Authorization (RMA) number. Please do not send your purchase back to the shipping address without first obtaining an RMA number. Any items received without an RMA number will not be considered for a refund. Shipping costs to return the product(s) are to be paid by the buyer & applies to both domestic USA & International customers.
Refund Claim for Defective Product Delivered: If you believe you received a defective product upon delivery, please contact the delivery service that delivered your order & file a claim with the delivery service that delivered the product to you for a DAMAGED PRODUCT DELIVERY REPORT & email this report to hello@akoustyx.com. After receiving the report email, we can check if you selected to have your product with insured shipping upon purchase & file an insurance claim & process your refund. Shipping costs to return the product(s) are to be paid by the buyer & applies to both domestic USA & International customers.
Refund Claim for Product Defect within 12 Months of Purchase: OPENED & USED products can only qualify for a warranty service. Please see our Warranty page here. You can contact us at hello@akoustyx.com & describe your problem in detail & our staff will provide assistance if we can offer a partial refund. If your returned product is found free of defects, Akoustyx may consider processing this as a "Refund Claim for OPENED & USED product' & offer a partial refund, subject to the condition of the returned product. Shipping costs to return the product(s) are to be paid by the buyer & applies to both domestic USA & International customers.
To process your return, please email us at hello@akoustyx.com & provide us with your receipt or proof of purchase (such as order number or invoice number) to process a Return Merchandise Authorization (RMA) number. Please do not send your purchase back to the shipping address without first obtaining an RMA number. Any items received without an RMA number will not be considered for a refund.
Refunds (if applicable): Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment within 90 business days.
Late or missing refunds (if applicable): If you haven’t received a refund yet, first check your credit card or bank account again. Your bank or credit card issuer may take some time before your refund is officially posted or until the next statement.
If you’ve done all of this and you still have not received your refund, please contact us at hello@akoustyx.com.
DOMESTIC USA RETURNS: Return shipping costs are paid by the customer. All approved refunds will have a deduction of shipping + handling & re-stocking costs deducted from the refund amount. Any shipping and/or insurance charges paid at checkout at the time of purchase are non-refundable.
OUTSIDE USA RETURNS: Return shipping costs are paid by the customer. All approved refunds will have a deduction of shipping + handling & re-stocking costs deducted from the refund amount. Any shipping and/or insurance charges paid at checkout at the time of purchase are non-refundable.
If you are returning an item, you should consider using a trackable shipping service or purchasing shipping insurance. We do not guarantee that we will receive your returned item.
ALL RETURNS PLEASE NOTE:
- ONLY FULL-PRICED ITEMS MAY BE REFUNDED. ITEMS ON SPECIAL DISCOUNT OR ON SALE & SALE CANNOT BE REFUNDED.
- IF YOU WISH TO PURCHASE ANY PRODUCT AT THE FULL PRICE WITH REFUND PROTECTION, PLEASE EMAIL US BEFORE PLACING YOUR ORDER ONLINE. WE WILL GENERATE YOUR FULL-PRICED ORDER BY A SEPARATE EMAIL.
- SHIPPING INSURANCE: OPTIONAL & SUBJECT TO ADDITIONAL COST IF REQUIRED. PLEASE EMAIL US BEFORE PLACING THE ORDER.
- ALL FULL-PRICED ITEMS ARE SUBJECT TO THE SAME "UNDAMAGED, UNOPENED & UNUSED" CONDITION REQUIREMENTS AS DESCRIBED ON THIS PAGE.
- ALL RETURNS FOR REFUND MUST BE A COMPLETE PRODUCT INCLUDING ALL ACCESSORIES IN UNUSED & UNDAMAGED CONDITION.
- SHIPPING COSTS CHARGED UPON PURCHASE ARE NON-REFUNDABLE.
- ALL RETURNS WILL HAVE THE SHIPPING/HANDLING & RE-STOCKING COSTS DEDUCTED FROM THE FINAL REFUND AMOUNT, US$45 PER ITEM FOR DOMESTIC USA RETURNS & US$65 PER ITEM FOR INTERNATIONAL RETURNS.
- FAILING TO RETURN THE COMPLETE PRODUCT WITH PACKAGE & ACCESSORIES WILL INCUR ADDITIONAL CHARGES FOR REPLACEMENT OF EACH ACCESSORY ITEM, WHICH WILL BE DEDUCTED FROM YOUR REFUND AMOUNT.
- ALL RETURN ITEMS THAT ARE OPENED AND/OR USED AND/OR TESTED AND/OR HAVE BEEN IN CONTACT WITH HUMAN SKIN WILL ONLY BE CONSIDERED FOR A PARTIAL REFUND AT THE DISCRETION OF AKOUSTYX.
- ALL ACCEPTED RETURNS THAT ARE OPENED WILL BE REQUIRED TO BE DISINFECTED FOR THE HYGIENE SAFETY OF OUR SERVICE CENTER PERSONNEL AS REQUIRED BY LAW, BEFORE ANY PRODUCT INSPECTION CAN BE DONE ON RETURNED ITEMS. A DISINFECTION CHARGE WILL BE DEDUCTED FROM THE FINAL REFUND AMOUNT IN ADDITION TO OTHER DEDUCTIONS.
- ANY MISSING, USED, AND/OR DAMAGED ACCESSORIES, CABLES, PRINTED MATERIALS & PACKAGING; THE COST TO REPLACE WILL BE DEDUCTED FROM THE FINAL REFUND AMOUNT IN ADDITION TO THE DISINFECTION CHARGES.
IMPORTANT: WE DO NOT OFFER 'TRY-&-THEN-DECIDE-TO-BUY".
Damaged items
If you believe you have received a damaged item, please view our warranty details here.
Limitation of Liability
In no event shall Akoustyx LLC, its subsidiaries or affiliates, or their respective partners, officers, directors, employees, shareholders, representatives or agents (collectively, "Akoustyx LLC") be liable for direct, special, incidental, consequential, punitive, or indirect damages (including but not limited to, loss of data, use or profits), however caused, whether for breach of contract, negligence, or otherwise, and whether or not Akoustyx LLC has been advised of the possibility of any such damages. You agree that the maximum liability of Akoustyx LLC arising from any product sold by Akoustyx LLC shall not exceed the sales price of such product. Some jurisdictions do not allow the limitation of exclusion of liability for certain damages, so the above may not apply to you to the extent such jurisdiction's law is applicable to this agreement.
The remedies of the purchaser set forth herein are exclusive, and the total liability of Akoustyx LLC with respect to its products, whether based on contract, warranty, negligence, indemnification, strict liability, or otherwise, shall not exceed the purchase price of the component upon which liability is based. In no event shall Akoustyx LLC be liable for consequential, incidental, or special damages.
Links to Third-Party Sites: We provide links to third-party sites for your convenience. The inclusion of any link does not imply our endorsement of the site. When you link to a third-party site, you leave the Akoustyx LLC website. The linked sites are not under our control, and we are not responsible for the content of any linked site or any link contained in a linked site.
Disclaimer of Warranty for Use of www.akoustyx.com website: Akoustyx LLC provides this site and its contents on an "AS IS" basis. We make no warranty or representation as to this site, either express or implied, including the warranties of merchantability, suitability for a specific purpose, and non-infringement. Limitation of Liability for Use of the Akoustyx LLC website. Akoustyx LLC is not responsible or liable for any special, incidental, consequential, punitive or other indirect damages that result from the use of, or the inability to use, this site or its content, even if we have been advised of the possibility of such damages.
Customer Support
Akoustyx LLC can offer free suggestions on the use of its various products under the condition that Akoustyx LLC neither assumes responsibility for any omissions or errors nor assumes liability for any damages that result from the use of its products in accordance with information provided by Akoustyx LLC, either verbally or in writing. Akoustyx LLC warrants only that the parts manufactured by it will be as specified and free of defects. No advice or information, whether oral or written, obtained by customers from Akoustyx LLC shall create any warranty not expressly stated in the original warranty terms. All the information, instructions, and recommendations on this website are offered on a strictly "as is" basis. This material is offered as a free public resource, without any warranty, expressed or implied.
Governing Law
This site is operated from within the United States. We make no representation that content on this site is legal or appropriate for use outside the United States. This agreement is governed by and construed in accordance with the laws of the State of California, as it is applied to agreements entered into and performed therein. Any action brought to enforce this agreement or matters related to this site will be brought in either the state or federal courts of the State of California; provided, however, that we have the right to institute judicial proceedings against anyone in any other jurisdiction to enforce our rights under this agreement through specific performance, injunction, reformation of contract, or similar equitable relief. If any provision of this agreement is unenforceable for any reason, that provision will be severed from this agreement, and the remaining provisions of this agreement will remain in full force and effect. This agreement constitutes the entire agreement between you and Akoustyx LLC concerning your use of this site.
Comments and Questions
We appreciate your comments about our site. However, any comments, ideas, suggestions, or other communications sent to the site become the sole property of Akoustyx LLC, and we may use all such communications in any manner, including reproducing, disclosing, and publishing them, without compensation to you. Only the contents of your communications, comments, or feedback, your first name & location city will be disclosed.
If you have any questions or complaints, please email us at hello@akoustyx.com & type in the subject ‘Privacy-Policy’ to contact our Privacy Compliance Manager.
Thank You.