Terms of Sale

 

Last revision as of August 1st, 2019

 

These terms and conditions of sale (“Terms of Sale”) apply to any purchase made by an end user customer on www.humaninc.comwww.humanheadphones.com, or any other of Human’s websites (collectively, the “Websites”). In addition, the purchase and use of Human products are also subject to our End User License and Warranty Agreement (EULA) and our Privacy Policy. By placing an order you agree to be bound by these Terms of Sale, the EULA and our Privacy Policy.

 

Prices and conditions

 

All prices mentioned in the web shop do not include sales tax and we will ground ship your product to you for free within the United States of America. See the section on Payment options and taxes for more detailed info on applicable taxes.

 

If you want a product delivered per express shipping, additional shipping fees will apply. See our delivery and shipping terms for more information.

 

Purchasing a product on humanheadphones.com

 

In order to place a valid order for Human products on the Websites, you must:

 

  1. be 18 years of age or older if purchasing in your individual capacity and, if you are ordering on behalf of a company, authorized to bind your company to agreements;
  2. be an end user and do not intend to resell the product(s); and
  3. guarantee that your order information provided to Human is accurate and complete.

 

 

 

Ordering your Human products

 

You can order your Human products by going to our humanheadphones.com website and: either going to ‘shop’ on the Website and add the product of choice to your shopping basket, or going to the product page and adding the product to your cart via the ‘Buy Now’ button.  Once you have added everything you need to your shopping basket and clicked ‘Proceed to checkout’, fill in the requested information or just log in to your account if you are a returning customer. Before finalizing the order, you will be asked to select a payment and shipping method.

 

Once you click on ‘Place order’ or log in and pay with one of our ‘Additional checkout options’, your order is final. This means you will have to pay the purchase price.  Once you have placed your order, you will receive an order confirmation by email. 

 

Any statement by Human on the Website regarding the availability of Products constitutes an invitation to make an offer and not a binding offer by Human. An agreement is concluded by Human’s confirmation of the Customer’s order. Confirmation may be made electronically (e.g. through the Website, by email or text message, or by similar technologies) or, if agreed, in writing. For the avoidance of doubt, Human’s confirmation of receipt of Customer’s order does not constitute Human’s acceptance of the order.

 

Human reserves the right to refuse orders placed by Customers at any time, at its sole discretion, in which case we will refund any payment you may have made. If Human avails itself of the right to refuse an order, Human will notify the Customer of this as soon as possible following receipt of the Customer’s order.

 

Examples of scenarios in which Human may reject or cancel your order are choose to cancel your order and refund your payment:

 

  1. You do not meet the requirements for sale;
  2. Human is unable to obtain authorization of your payment;
  3. You are requesting shipment to a country outside the United States of America;
  4. Products shown on the Websites contain a manifest error (e.g., without limitation, incorrectly priced or otherwise incorrectly described);
  5. Other special circumstances that justify cancellation of the order, including but not limited to the misuse of a discount code and/or suspicion of fraud.

 

Information, images, communications, advertisements, quotations etc. placed on the Website or sent by email or any other means of communication about offers and the major characteristics of the Products will be provided as accurately as possible. However, Human does not guarantee that all offers and Products correspond fully with the information provided unless the information has been designated as contractual information.

 

Payment options and taxes

 

We will process your order as soon as we have received confirmation of your payment. See shipping and delivery for more information on when you may expect to receive your Human products.

 

We offer several ways for you to pay for your order.  These payment options may include credit or debit cards such as Visa, MasterCard, American Express or Discover, online payment methods such as PayPal or Visa Checkout, mobile wallet options such as Apple Pay or Google Pay and financing options such as PayPal Credit or Klarna.

 

In accordance with state law, if an item is subject to sales tax, it will be taxed using the applicable sales tax rate for your shipping address at the time of order. The amount of tax charged on your order will depend upon many factors including type of item purchased and destination of the shipment. Factors can change between the time you place an order and the time of payment, which could affect the calculation of sales taxes. The amount appearing on your order as sales tax may differ from the sales taxes ultimately charged.

 

 

 

Shipping and Delivery

 

If you place your order before 1:00 PM Eastern Standard Time, and your payment is confirmed, we expect to ship your order the same business day. We will send you a shipping confirmation and tracking code as soon as we have handed your order to the shipping company.

 

You normally will receive your Human products within 3-5 working days of your order. Such shipping is free of charge if your order is shipped within the Human Service Region. Our shipping partner may send you an email offering more detailed delivery services, like the possibility to opt for a particular delivery slot. This is a service offered by the shipping partner and is not provided by Human. Human may send you an email offering more details on the status of your package, such as passing along tracking information provided by our shipping partners. 

 

If you need a speedier delivery you can opt for express delivery when placing your order. The additional cost for express shipping will be indicated, so you will know what the costs will be before selecting the option.

 

Note that:

 

  • It is not possible to deliver to freight forwarders, hotels, PO Boxes or armed services APO/FPO/DPO.
  • We don’t ship on either weekends or public holidays and we don’t deliver on public holidays.
  • We do not ship to countries outside of the United States via our website.
  • For early backers residing in countries outside of the United States additional import duties and/or taxes may apply. Moreover, customs clearance may add additional transit time.
  • We may from time to time offer products for pre-orders or back-orders. In such case we will not be able to ship to you within the delivery terms as set out above and will inform you of the expected shipping date when known.
  • If your order is subject to review due to a suspicion of fraud delivery may be delayed and/or cancelled.
  • Free shipping does not apply to certain third-party products and Human accessories, as noted on the applicable product pages.

 

 

 

Our 30 day return policy

 

We are confident that you will love your new Human product, however, if you are unsatisfied for any reason, simply let us know within 30 days. We will refund the full purchase price, and we will even cover the shipping cost back to us.

 

In order to return your Product under the return policy, please check that:

 

  1. You have purchased the product directly from Human (via the Website);
  2. You contact Human and begin the return process within 45 days from the original shipment date;
  3. The product is returned in the original Human packaging, with all materials included, and in new or as-new condition; and
  4. You strictly follow the Human return instructions as set out below.

 

What you need to do if you want to return a product:

 

  1. Contact our Customer Care team via support@humanheadphones.com or 1-202-883-8624.
  2. Use the Human shipping label and save a copy
    You will receive an email confirming the RMA number and a prepaid returns shipping label. Follow the shipping instructions set out on the label to send the products back to Human. We are unable to process returned products sent using an alternate carrier or shipping label. Please ensure that all previous shipping labels or other markings have been removed or covered completely prior to applying the provided return shipping label. Retain a copy of the shipping label with the applicable tracking number provided by the carrier.
  3. Return the product within 14 days of the RMA issue
    Human must receive the returned item within 14 calendar days after an RMA number has been issued and the unit returned must match the serial number specified in the RMA. Make sure you pack the product in a safe packaging. All contents (brochures, chargers, fit guides and any other included accessories) need to be included and the product must be returned in its original Human packaging.
  4. Receive your refund or a repaired or replacement product
    You may expect to see a credit to your account within 10 – 15 working days. Credit will be issued in the same manner as your original purchase payment.

 

 

 

A defective Human product? This is our Human Warranty.

 

We stand for the quality of our Human products. We offer a one (1) year full warranty on all products sold. The details of this warranty are set out in our Limited Warranty.

 

 

 

General Legal Terms

 

Human may change these Terms of Sale at any time by posting revised terms on this Website.  However, such changes will not affect the terms applicable to sales that were concluded prior to the date the revised Terms of Sale were posted. If any part of these Terms of Sale are for any reason unenforceable, that shall not affect the validity and enforceability of any of the remaining provisions of the Terms of Sale.

 

These Terms of Sale are subject to the law of the country where you live.

 

YOUR AGREEMENTS WITH HUMAN INCLUDE A BINDING AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER, WHICH CAN BE FOUND FOLLOWING THIS WARRANTY.  IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE A DISPUTE WITH HUMAN.  PLEASE READ THE ARBITRATION SECTION.

 

 

 

How to reach us for questions or comments

 

Questions or Comments?
If you have any questions or comments feel free to reach out to support@humanheadphones.com.

 

If you contact us, it is helpful if you give a clear description of your question or comment. This will make it easier to sort it out for you. Also include your email or telephone number, so we know where to reach you. We will do our best to respond to your communication within one working day. If it will take longer to resolve your issue, we will let you know.

 

Company details
Human, Inc.

 

Our office:
3100 Airport Way S., #25-512,
Seattle, WA 98136
Telephone: 1 (202) 883-8624 (Customer Support) 
1 (206) 708-6466 (Corporate Office)

 

Mandatory Arbitration

 

TO RESOLVE DISPUTES AND CLASS ACTION/JURY TRIAL WAIVER. PLEASE READ THIS PROVISION CAREFULLY. IT MEANS THAT, EXCEPT AS NOTED BELOW UNDER THIS SECTION, YOU AND HUMAN WILL ARBITRATE OUR DISPUTES. ANY CLAIM OR DISPUTE BETWEEN YOU AND HUMAN IN ANY WAY RELATED TO OR CONCERNING THIS TERMS OF SALE, WARRANTY, OR THE PRODUCT OR ACCESSORY, SHALL BE SUBMITTED TO FINAL, BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). You and Human agree that the Terms of Sale and Limited Warranty offered affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under this provision.

 

A. APPLICATION. THIS SECTION APPLIES TO ANY DISPUTE EXCEPT IT DOES NOT INCLUDE A DISPUTE RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, HUMAN’S, OR EITHER OF OUR LICENSORS’ INTELLECTUAL PROPERTY RIGHTS. THE TERM “DISPUTE” MEANS ANY DISPUTE, ACTION, OR OTHER CONTROVERSY BETWEEN YOU AND HUMAN CONCERNING THE PRODUCT OR ACCESSORY (INCLUDING ITS PRICE) OR THIS TERMS OF SALE OR THE WARRANTY, WHETHER IN CONTRACT, WARRANTY, TORT, STATUTE, REGULATION, ORDINANCE, OR ANY OTHER LEGAL OR EQUITABLE BASIS. THE TERM “DISPUTE” ALSO INCLUDES ANY CLAIMS FOR PERSONAL INJURY ARISING OUT OF OR RELATED TO THE PRODUCT OR ANY ACCESSORY. “DISPUTE” WILL BE GIVEN THE BROADEST POSSIBLE MEANING ALLOWED UNDER LAW.

B. NOTICE OF DISPUTE. IN THE EVENT OF A DISPUTE, YOU OR HUMAN MUST GIVE THE OTHER A NOTICE OF DISPUTE, WHICH IS A WRITTEN STATEMENT THAT SETS FORTH THE NAME, ADDRESS, AND CONTACT INFORMATION OF THE PARTY GIVING IT, THE FACTS GIVING RISE TO THE DISPUTE, AND THE RELIEF REQUEST. YOU MUST SEND ANY NOTICE OF DISPUTE BY U.S. MAIL TO HUMAN, INCORPORATED, ATTN: LEGAL ARBITRATION, 3100 AIRPORT WAY S., #25-512, SEATTLE, WA 98136. HUMAN WILL SEND ANY NOTICE OF DISPUTE TO YOU BY U.S. MAIL TO YOUR ADDRESS IF WE HAVE IT, OR OTHERWISE TO YOUR E-MAIL ADDRESS. YOU AND HUMAN WILL ATTEMPT TO RESOLVE ANY DISPUTE THROUGH GOOD FAITH WITHIN 60 DAYS FROM THE DATE THE NOTICE OF DISPUTE IS RECEIVED. AFTER 60 DAYS, YOU OR HUMAN MAY COMMENCE ARBITRATION WITH THE AAA.

C. SMALL CLAIMS COURT. YOU MAY ALSO LITIGATE ANY DISPUTE IN SMALL CLAIMS COURT IN YOUR COUNTY OF RESIDENCE OR KING COUNTY, WASHINGTON, IF THE DISPUTE MEETS ALL REQUIREMENTS TO BE HEARD IN THE SMALL CLAIMS COURT. YOU MAY LITIGATE IN SMALL CLAIMS COURT WHETHER OR NOT YOU NEGOTIATED INFORMALLY FIRST.

D. BINDING ARBITRATION. IF YOU AND HUMAN DO NOT RESOLVE ANY DISPUTE BY GOOD FAITH INFORMAL NEGOTIATION OR IN SMALL CLAIMS COURT, ANY OTHER EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION. YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE AS A PART OR CLASS MEMBER, SEE BELOW) ALL DISPUTE IN COURT BEFORE A JUDGE OR JURY. INSTEAD, ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE FINAL EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR’S AWARD.

E. CLASS ACTION WAIVER. ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR HUMAN WILL SEEK TO HAVE ANY DISPUTE HEARD AS CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDINGS IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATION CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.

F. JURY TRIAL WAIVER: WHETHER ANY DISPUTE IS IN ARBITRATION OR IN COURT, YOU WAIVE ANY RIGHT TO JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US. 


G. ARBITRATION PROCEDURE. ANY ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”) UNDER ITS COMMERCIAL ARBITRATION RULES, WHICH ARE AVAILABLE BY CALLING THE AAA AT 1-800-778-7879 OR VISITING ITS WEBSITE AT www.adr.org. IF YOU ARE AN INDIVIDUAL AND USE THE PRODUCT OR ACCESSORY FOR PERSONAL OR HOUSEHOLD USE, OR IF THE VALUE OF THE DISPUTE IS $75,000 OR LESS WHETHER OR NOT YOU ARE AN INDIVIDUAL OR HOW YOU USE THE PRODUCT OR ACCESSORY, THE AAA’S SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES WILL ALSO APPLY. YOU AGREE TO COMMENCE ARBITRATION ONLY IN YOUR COUNTY OF RESIDENCE OR IN KING COUNTY, WA. YOU MAY REQUEST A TELEPHONIC OR IN-PERSON HEARING BY FOLLOWING THE AAA RULES. IN A DISPUTE INVOLVING $10,000 OR LESS, ANY HEARING WILL BE TELEPHONIC UNLESS THE ARBITRATOR FINDS GOOD CAUSE TO HOLD AN IN-PERSON HEARING INSTEAD. THE ARBITRATOR MAY AWARD THE SAME DAMAGES TO YOU AS AN INDIVIDUAL AS A COURT COULD. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTION RELIEF ONLY TO YOU INDIVIDUALLY, AND ONLY TO THE EXTENT REQUIRED TO SATISFY YOUR INDIVIDUAL CLAIM.

H. CONFLICT WITH AAA RULES. THIS TERMS OF SALE AND WARRANTY GOVERNS TO THE EXTENT IT CONFLICTS WITH AAA’S COMMERCIAL ARBITRATION RULES AND SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES.

I. CLAIMS OR DISPUTES MUST BE FILED WITHIN ONE YEAR. TO THE EXTENT PERMITTED BY LAW, ANY OR DISPUTE UNDER THE TERMS OF SALE OR WARRANTY MUST BE FILED WITHIN ONE YEAR IN SMALL CLAIMS COURT (SECTION (C)), AN ARBITRATION PROCEEDING (SECTION (D)) OR IN COURT, IF THIS SECTION PERMITS THE DISPUTE TO BE FILED IN COURT INSTEAD OF ARBITRATION. THE ONE-YEAR PERIOD BEGINS WHEN THE CLAIM OR NOTICE OF DISPUTE FIRST COULD BE FILED. IF A CLAIM OR DISPUTE IS NOT FILED WITHIN ONE YEAR, IT IS PERMANENTLY BARRED.

J. SEVERABILITY. IF THE CLASS ACTION WAIVER IN SECTION (E) IS FOUND TO BE ILLEGAL OR UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, THEN IT WILL NOT APPLY TO THOSE PARTS. INSTEAD, THOSE PARTS WILL BE SEVERED AND PROCEED IN A COURT OF LAW, WITH THE REMAINING PARTS PROCEEDING IN ARBITRATION. IF ANY OTHER PROVISION OF THIS SECTION IS FOUND TO BE ILLEGAL OR UNENFORCEABLE THAT PROVISION WILL BE SEVERED WITH THE REMAINDER OF THIS SECTION REMAINING IN FULL FORCE AND EFFECT.