Terms of Sale

Last revision as of September 13, 2019

These terms and conditions of sale (“Terms of Sale”) between Human Incorporated and its corporate affiliates, subsidiaries, and divisions as may change from time to time (collectively, “Human”, “we”, “us”, or “our”) and you, an end user customer (“you”, or “your”) apply to any purchase made by you on www.humaninc.com, www.humanheadphones.com, or any other of Human’s websites (each a “Website” and collectively, the “Websites”). In addition, the purchase and use of Human headphones (“Products”) are also subject to our End User License Agreement (EULA) and our Privacy Policy (collectively with these Terms of Sale, the “Human Terms”), all available for your review at www.humanheadphones.com/support. By placing an order you agree to be bound by these Terms of Sale, the Terms of Use, the EULA, and our Privacy Policy.

THE HUMAN TERMS INCLUDE A BINDING AGREEMENT TO ARBITRATE AND A CLASS ACTION WAIVER, WHICH MAY BE FOUND IN THE SECTION BELOW TITLED “MANDATORY ARBITRATION”. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE A DISPUTE WITH HUMAN. PLEASE READ THE ARBITRATION SECTION.

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 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 Products by going to our www.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 Affirm.  These payment options are further governed by their own respective terms and conditions available through your payment service provider.

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.  However, Mother Nature does not always cooperate, so if your shipment is delayed due to circumstances outside of our reasonable control, we will ship your order as soon as possible in light of the circumstances.

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 Human’s 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.
  • 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.

A defective Human product? This is our Human Warranty.

We stand for the quality of our Products. We offer a 30 day limited warranty on all Products sold. The details of this warranty are set out in our Limited Warranty.

What you need to do if you want to exchange a product under our Warranty:

  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 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.

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 jurisdiction where you live.  However, any disputes between you and Human shall be resolved through the Mandatory Arbitration process found in our Terms of Use (available at www.humanheadphones.com/support).

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

PLEASE READ THIS PROVISION CAREFULLY. IT MEANS THAT YOU AND HUMAN WILL ARBITRATE OUR DISPUTES. ANY CLAIM OR DISPUTE BETWEEN YOU AND HUMAN IN ANY WAY RELATED TO OR CONCERNING THESE TERMS, OR YOUR OTHER AGREEMENTS WITH HUMAN, INCLUDING, WITHOUT LIMITATION, THE TERMS OF SALE, EULA, LIMITED WARRANTY, AND PRIVACY POLICY (COLLECTIVELY WITH THESE TERMS, THE “HUMAN TERMS”), OR ANY PRODUCTS OR ACCESSORIES, SHALL BE SUBMITTED TO FINAL, BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). You and Human agree that the Human Terms affect interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under this provision.

A. BINDING ARBITRATION. YOU HEREBY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING NOW OR IN THE FUTURE UNDER OR RELATING IN ANY WAY TO THIS AGREEMENT, OR TO THE SERVICES, REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF), SHALL BE RESOLVED BY BINDING ARBITRATION (EXCEPT THAT BLOCK.IO MAY BRING AN ACTION IN ANY COURT OF COMPETENT JURISDICTION TO OBTAIN EQUITABLE RELIEF RELATING TO THE INFRINGEMENT, MISUSE, OR MISAPPROPRIATION OF OUR INTELLECTUAL PROPERTY CONTENT OR  TO COLLECT OUR FEES). CLAIMS SUBJECT TO ARBITRATION INCLUDE CLAIMS THAT ARE MADE AS COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR OTHERWISE.

B. CLASS ACTION WAIVER. YOU HEREBY AGREE THAT 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 OR BE ABLE TO HAVE ANY DISPUTE HEARD AS CLASS ACTION OR OTHER REPRESENTATIVE ACTION (e.g., A 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.

C. JUDGE/JURY TRIAL WAIVER: ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY.

D. Application. This binding arbitration provision applies to any and all claims that you have against us, our affiliates, successors, assigns, and against all of their respective employees, agents, or assigns; it also includes any and all claims regarding the applicability of this arbitration clause or the validity of the Agreement, in whole or in part. It is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. sections 1-16, as it may be amended.

E. Arbitration Procedure. The party filing any claim in arbitration shall file its claim before the AAA under the AAA’s then current 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. Arbitration hearings shall be held in King County, Washington before one arbitrator, unless the amount in dispute is under ten thousand dollars ($10,000.00) in which case arbitration may be conducted by telephone, online and/or be solely based on written submissions. Judgment upon any arbitration award may be entered in any court having jurisdiction.

F. Conflict with AAA rules. The Human Terms govern to the extent they conflict with the AAA’s commercial arbitration rules and supplementary procedures for consumer-related disputes.

G. 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. 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.

H. 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.

I. The arbitration agreement in this Section 16 shall survive: (i) termination or changes in these Terms or any of the Human Terms, and the relationship between you and us concerning these Terms or any of the Human Terms; and (ii) the bankruptcy of any party or any similar proceeding initiated by you or on your behalf.