ACOUSTICO TERMS OF SALE

Last Updated: November 15, 2022

IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS OF SALE AND ACOUSTICO PRODUCTS ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS.

This Terms of Sale (“Agreement”) applies to the purchases of products (“Products”) you make through Acoustico, Amazon, Etsy or eBay websites (“Sites”) or Acoustico authorized third-party retailers (“Retailers”). This Agreement is a legal agreement between you and Acoustico, LLC and its corporate affiliates, subsidiaries, and divisions as may change from time to time (collectively, “Acoustico,” “we,” “us,” and “our”). This Agreement applies to the Sites or Retailers operating in the United States. Based on your territory and/or the delivery territory of the Products, a different version of these Terms of Sale may apply. If this is the case, such different version will be presented to you at the point of purchase.

PLEASE READ THIS AGREEMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. BY PURCHASING A PRODUCT ON THE SITES, YOU ARE ALSO BOUND BY THE ACOUSTICO PRIVACY POLICY WHICH IS INCORPORATED HEREIN BY REFERENCE. PLEASE NOTE THAT THE TERMS OF SALE REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ORDER/KEEP YOUR PRODUCTS.

Shipping and delivery

Our products purchased through the Sites are shipped within 3 business days after the receipt of your order (order processing time). Once the product is shipped we will provide you with the tracking information. We don’t ship to post office boxes.

APO/FPO and Military Exchanges:

Acoustico, LLC does not ship directly to APO/FPO addresses. Since we cannot track packages after their arrival at APO/FPO drop-off points, we are reluctant to make shipments that may be misdirected or lost.

Reporting lost or damaged packages:

Please send us an email to [email protected]. We will work with you to resolve the problem.

If the received product is damaged:

  • Save the original box and all packing materials.
  • Send us an email to [email protected] to obtain RMA number and the shipping address. The email should include product serial number and a proof of purchase that shows the date of purchase and the total amount paid.
  • Re-pack the product in its original box and return to the provided shipping address.
  • Upon receiving the product we will contact you within 3 business day about resolving the problem.

Note: Please be sure to write the RMA number clearly on the outside of the box. Failure to do so may result in your package being refused or cause delays in resolving the problem. Be sure to use a package-shipping service such as United Parcel Service, Federal Express or the United States Postal Service that is able to track shipments.

Returns

Satisfaction is guaranteed on all Acoustico Products purchased by consumers through the Sites or Retailers. We want you to be thrilled, so if you’re not satisfied with your purchase for any reason, simply return it within the 30 days for a full refund. We do not accept products for a full refund if they have damages, signs of visible wear or unauthorized repairs and/or modifications.

To return your product purchased through the Sites:

  • Save the original box and all packing materials.
  • Send us an email to [email protected] to obtain RMA number and the shipping address. The email should include product serial number and a proof of purchase that shows the date of purchase and the total amount paid.
  • Re-pack the product in its original box and return to the provided shipping address.
  • Upon receving the product we will inspect it for damages, signs of visible wear or unauthorized repairs and/or modifications and issue a full refund within 7 business days if no problems found.

Note: Please be sure to write the RMA number clearly on the outside of the box. Failure to do so may result in your package being refused or cause delays in processing your refund. Be sure to use a package-shipping service such as United Parcel Service, Federal Express or the United States postal service that is able to track shipments. You are responsible for all shipping costs.

To return your product purchased through Retailers:

  • Save the original box and all packing materials.
  • Re-pack the product in its original box.
  • Return the product to the retailer where it was purchased from. The product that is being returned should be accompanied by a proof of purchase that shows the date of purchase and the total amount paid.
  • The retailer will inspect the product for damages, signs of visible wear or unauthorized repairs and/or modifications and issue a full refund if no problems found.

Resale

Purchases made on the Sites are intended for end users only. Products sold through the Sites or Retailers are not authorized for resale or export. The resale of or offer to sell a new Acoustico patented product without the authority of Acoustico is an infringement of Acoustico patent rights. Your submission of your order shall constitute your full acceptance of these restrictions on resale. Your purchase may not be sold, leased or transferred to restricted countries, restricted end users, or for restricted end uses according to U.S. export and sanctions laws.

A note about security

We use a variety of measures to protect your personal information, however, no method of transmission over the Internet, and no means of electronic or physical storage is absolutely secure. Thus, we cannot guarantee or warrant the security of your information.

Limitation of liability

IN NO EVENT ACOUSTICO OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS OR THE SITES OR RETAILERS, WHETHER OR NOT ACOUSTICO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, $100.

ACOUSTICO WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.