Terms & Conditions

Last updated: March 01, 2023

Introduction

Welcome to Egghead Headphones!

These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your use of our website located at eggheadheadphones.shop (together or individually “Service”) operated by Egghead Headphones.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read these Terms and Conditions carefully before accessing or using our Service. By accessing or using any part of the Service, you agree to be bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions, then you may not access the Service.

Intellectual Property

The Service and its original content, features and functionality are owned by Egghead Headphones and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

The Egghead Headphones name and logo are trademarks of Egghead Headphones. All other trademarks, logos, service marks and trade names displayed on the Service are the property of their respective owners.

Our Service allows you to listen to, link to, use, and interact with third party content, products, and services. When you access third party content, products, and services, you do so at your own risk. Third party content, products, and services are governed by the Terms and Conditions and Privacy Policies of the third party provider.

We reserve all rights not expressly granted in and to the Service and the Egghead Headphones Content.

User Account

If you create an account in the Service, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Service.

Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of these Terms and Conditions or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

User Content

We do not own any data, information or material (collectively, “Content”) that you submit on the Service in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content.

We may monitor and review the Content on the Service submitted or created using our Service by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Service to you.

Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.

User Conduct

You must only use the Service in a manner that is lawful and that complies with these Terms of Use. Specifically, you represent, warrant, and agree that you:

1. Will not submit any Content that violates or infringes in any way upon the rights of others, including copyright, trademark, patent, trade secret, moral right, privacy, publicity or other intellectual property or proprietary rights;
2. Will not publish, post, upload or otherwise distribute any defamatory, infringing, obscene, or other unlawful material or information;
3. Will not upload or distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
4. Will not impersonate another person (via the use of an email address or otherwise);
5. Will not upload, post, email or transmit or otherwise make available content that: promotes racism, bigotry, hatred or physical harm against any individual or group; harasses or advocates harassment of another person; involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”; promotes or encourages illegal activity; or otherwise violates any applicable federal, state, local or international law or regulation;
6. Will not use the Service to harm minors;
7. Will not advertise or sell any goods or services for any commercial purpose through your use of the Service;
8. Will not transmit, distribute, post or submit any information concerning any other person or entity without their permission;
9. Will not use the Service for any commercial purpose without our express prior written consent;
10. Will not distribute viruses or any other technologies that may harm Egghead Headphones, the Service, or the interests or property of our users.

Prohibited Conduct

By using the Service, you further agree not to:

1. Use the Service in any way that harms us or any of our affiliates, resellers, distributors and agents (collectively, the “Egghead Headphones Entities”), any user of the Service, or any other person or entity;
2. Use any robot, spider, scraper or other automated means to access the Service or copy any content from the Service;
3. Reverse engineer any aspect of the Service or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Service, area or code of the Service;
4. Attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Service that you are not authorized to access;
5. Develop or use any third-party applications that interact with the Service without our prior written consent, including any scripts designed to scrape or extract data from the Service;
6. Use the Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms of Use.
7. Engage in any action that directly or indirectly interferes with the integrity of our Services, including but not limited to any attempts to access or hack our servers or network.

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms of Use.

Purchase Terms

By placing an order for merchandise through the Service, you warrant that you are legally capable of entering into binding contracts. When you place an order for merchandise, you authorize Egghead Headphones to charge you for the merchandise, any applicable shipping charges, and any applicable taxes. You may be required to provide your phone number or email address when placing an order through the Service.

We reserve the right to refuse or cancel any order prior to shipment for reasons such as unavailability of merchandise, problems identified by our credit or fraud avoidance departments, or errors on the website. If your method of payment is declined for any reason, your order may be cancelled automatically.

Some jurisdictions may not allow the exclusion of certain warranties or disclaimer of implied terms in contracts with consumers. To the extent you are a consumer, some or all of the exclusions and limitations in this section may not apply to you.

Return Policy

If you are not fully satisfied with your Egghead Headphones purchase, you may return eligible items within 30 days of delivery for a full refund of the purchase price. See our Return Policy for full details on returns and exchanges.

Pricing

The pricing listed on the Service for merchandise may change at any time, prior to us charging your method of payment. Every effort is made to ensure the accuracy of pricing and product information on the Service, however we do not warrant that pricing or other information is error-free. In the event of an error, we reserve the right to cancel or refuse to accept any order. Certain merchandise may be excluded from on-site pricing, including clearance and closeout merchandise.

Shipping & Delivery

When you purchase merchandise on the Service, we will estimate delivery dates for your order on the checkout page. Please note that shipping dates on the checkout page are estimates and arrival dates are not guaranteed.

We will notify you by email with details regarding the shipment of your order. We will also provide you with a link in that email to track your packages. We use a variety of shipping carriers to deliver orders.

No liability will be assumed by Egghead Headphones for any losses suffered due to delivery delays.

For more details on shipping methods and delivery, please see our Shipping Policy.

Promotions

Egghead Headphones may offer promotions, discounts, free gifts, or other incentives to customers from time to time. Promotion eligibility will be determined at the sole discretion of Egghead Headphones. Egghead Headphones has the right to deny, alter, cancel or revoke any promotion at any time without notice.

If you return some or all of the items purchased under a promotion, Egghead Headphones reserves the right to deduct from any refund the value of any promotional offer, discount, gift, or other incentive received by the customer for those items.

Reviews

We welcome open and honest feedback about our merchandise and services. However, Egghead Headphones reserves the right to remove or refuse to display content that it reasonably believes violates these Terms of Service, or is otherwise harmful, objectionable, or inaccurate.

Third Party Links

The Service may contain links to third party websites and services. Such third party links are provided solely as a convenience to you. We do not endorse any such third party websites or services.

You agree that we shall not be responsible or liable for the availability or accuracy of such websites or the content, advertising, products, or other materials available from such websites. Accessing any third party website through an Egghead Headphones link is done entirely at your own risk.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EGGHEAD HEADPHONES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE (II) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM US OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS OR YOUR TOTAL COST OF USING THE SERVICES, WHICHEVER IS GREATER.

THE EGGHEAD HEADPHONES ENTITIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL THE EGGHEAD HEADPHONES ENTITIES BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO EGGHEAD HEADPHONES HEREUNDER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE EGGHEAD HEADPHONES ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify and hold harmless the Egghead Headphones Entities from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party.

This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Egghead Headphones without restriction.

General

You agree that: (i) the Service shall be deemed solely based in Tennessee; and (ii) the Service shall be deemed a passive service that does not give rise to personal jurisdiction over Egghead Headphones, either specific or general, in jurisdictions other than Tennessee. These Terms of Service shall be governed by the internal substantive laws of the State of Tennessee, without respect to its conflict of laws principles. Any claim or dispute between you and Egghead Headphones that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Nashville, Tennessee. These Terms of Service, together with the Privacy Notice at https://eggheadheadphones.shop/privacy and any other legal notices published by Egghead Headphones on the Service, shall constitute the entire agreement between you and Egghead Headphones concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Egghead Headphones’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND EGGHEAD HEADPHONES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Contact Us

Please contact us with any questions regarding these Terms and Conditions at [email protected].

Thank you for using Egghead Headphones!