TERMS AND CONDITIONS
Last Modified: 31st August,2021
1.Acceptance of the Terms and Conditions. These Terms and Conditions are entered into by and between you and Peak Audio, LLC, the maker of Haymaker headphones (“Haymaker“). The following provisions govern your access to and use of www.the-haymaker.com (“Website”). By accessing and using this Website, as well as by clicking and accepting to agree to these Terms and Conditions when the option is made available to you, you agree to these Terms and Conditions.
2.Permitted Uses. You may use this Website and its content solely for your personal, non-commercial use, and this use must only be for lawful purposes.
3.1.Haymaker’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Haymaker. You must not use such marks without the prior written permission of Haymaker. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
3.2.The Website and its content are owned by Haymaker and protected by applicable intellectual property and other laws, including trademark and copyright laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on the Website, except as permitted in Paragraph 2. If you are using materials for personal, non-commercial use, you must not modify copies of any materials, or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials.
4.Reliance on Information Posted. The information presented on or through the Website is made available solely for general information purposes. Haymaker does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Haymaker disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
5.Changes to the Website. Haymaker may update the content on this Website from time to time at its discretion, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out-of-date at any given time, and Haymaker is under no obligation to update such material.
7.Online Transactions. All transactions through the Website are governed by the following terms of sale.7.1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these terms, all products and services listed in your order. All orders must be accepted by Haymaker, or Haymaker will not be obligated to sell the products or services to you. Haymaker may choose not to accept any orders in its sole discretion. After having received your order, Haymaker will send you a confirmation email with your order number and details of the items ordered. Acceptance of your order and the formation of the contract of sale between Haymaker and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before Haymaker has sent your order confirmation email by [calling/emailing the Customer Service Department at telephone number/email].
7.2. Prices and Payment Terms. All prices posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. Terms of payment are within Haymaker’s sole discretion.
7.3. Shipment and Delivery. Haymaker will arrange for shipment of the products to you. You will pay all shipping and handling charges specified during the ordering process. [Title and risk of loss pass to you upon Haymaker’s transfer of the products to the carrier/delivery]. Shipping and delivery dates are estimates only and cannot be guaranteed. Haymaker is not liable for any delays in shipments.
7.4. Returns and Refunds. Haymaker will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within [30/NUMBER] days of [shipment/delivery] and provided such products are returned in their original condition. Refunds are processed within approximately [three/NUMBER] business days of Haymaker’s receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Website. Haymaker offers no refunds on any products designated as non-returnable on the Website.
7.5. Limited Warranty. Haymaker warrants the Haymaker headphones (“Product”) against defects in material or workmanship for one (1) year from original retail purchase when purchased directly from Haymaker or a Haymaker retailer. If Haymaker finds the Product contains any such defect, Haymaker will either replace the product at no charge or, at Haymaker’s discretion, refund the purchase price on your receipt. To obtain warranty service, you must, during the warranty period, send your defective Product to Haymaker, postage prepaid, with a letter that includes your name, address and phone number and a description of the problem encountered. A dated purchase receipt is required from Haymaker. This warranty is valid only in the country of purchase. REPLACEMENT OR REFUND OF THIS PRODUCT AS PROVIDED UNDER THIS LIMITED WARRANTY SHALL BE THE EXCLUSIVE REMEDY OF THE CONSUMER. HAYMAKER SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES, INCLUDING CONSEQUENTIAL, INDIRECT AND INCIDENTAL DAMAGES, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE PRODUCT OR FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION ON THIS PRODUCT. UNDER NO CIRCUMSTANCES SHALL HAYMAKER BE LIABLE FOR AN AMOUNT GREATER THAN THE ACTUAL PURCHASE PRICE OF THE PRODUCT. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. This Limited Warranty does not cover failure of the Product arising, in whole or in part, from improper storage, transportation, misuse, abuse, accident, neglect, mishandling, unauthorized repair, modification, or wear from ordinary use or environmental deterioration. This Limited Warranty does not cover cosmetic damage or consequential damage to other components or premises which may result for any reason from the failure of the Product. This Limited Warranty is null and void for products not used in accordance with Haymaker’s instructions. This Limited Warranty terminates if the original retail purchaser sells or otherwise transfers this Product. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts or exclusions or limitations of consequential or incidental damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state in the U.S. and Puerto Rico.
7.6. Assignment. You will not assign any of your rights or delegate any of your obligations under these terms without Haymaker’s prior written consent. Any purported assignment or delegation in violation of this Paragraph 7.6 is null and void. No assignment or delegation relieves you of any of your obligations under these terms.
7.7. Force Majeure. Haymaker will not be liable or responsible to you, nor be deemed to have defaulted or breached these terms, for any failure or delay in performance under these terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond Haymaker’s reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes, restraints or delays affecting carriers, inability or delay in obtaining supplies of adequate or suitable materials, telecommunication breakdown, or power outage.
8.Third Party Content. Haymaker may host content provided by third party websites. These third party websites are governed by separate terms and conditions, and Haymaker is not responsible for these terms and conditions or the content provided by third parties. Users may interact with this content at their own risk.
9.Disclaimer of Warranties. HAYMAKER MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE WEBSITE OR ITS CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICE AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HAYMAKER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE WEBSITE AND ITS CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10.Limitation on Liability. IN NO EVENT WILL HAYMAKER, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. Indemnification. You understand and agree that you are personally responsible for your behavior on this Website. You agree to defend, indemnify, and hold harmless Haymaker, its affiliates, or their licensors, service providers, employees, agents, officers, or directors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Website.
12. Governing Law. All matters relating to the Website and these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Kansas.
13. Waiver and Severability. No waiver by Haymaker of any provision set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Haymaker to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
15. Changes to Terms and Conditions. Haymaker reserves the right to change these Terms and Conditions at any time by posting the changes at this location. Your continued use of the Website after changes are posted is deemed to be acceptance of those changes. The date the Terms and Conditions were last modified is identified at the top of this page.