TERMS & CONDITIONS
The following terms and conditions (“Terms and Conditions”) govern the sale of products (“Products”) and services offered (“Services”) by 1964 Ears, LLC dba 64 Audio (“64 Audio”) to 64 Audio’s customers.
Terms and conditions are subject to change.
INTELLECTUAL PROPERTY AND RESALE
All intellectual property rights in the Products, user manual, technical materials, and materials displayed or contained within this website are the property of 64 Audio, and are protected by patent, copyright, and trademark laws. Nothing contained in these Terms and Conditions will be construed as granting any intellectual property rights of 64 Audio or its affiliates.
Purchases made on this website are intended for end users only. Unless you are an authorized 64 Audio dealer, the resale of Products purchased through this site is not authorized.
All orders placed by customers are subject to acceptance by 64 Audio. After orders are placed, we may contact customers through email or phone regarding their order. We reserve the right to cancel or refuse any order for any reason at any stage of the ordering process. Orders may be cancelled by 64 Audio if there is a limitation on the quantity available for purchase or in the event of pricing or product information error. In the event of an order cancellation, customers will receive written notification of such cancellation.
The prices for Products and services are those specified on this website. All Products and Services offered for purchase on this website are subject to availability. The prices stated for each Product and Service are subject to change without notice.
We accept PayPal, VISA, MasterCard, American Express, Discover, and other forms of payment. We also offer financing options through Affirm. You agree to pay all charges and fees incurred in connection with a purchase (including any applicable taxes) at the price(s) in effect when the charge(s) are incurred. Unless you notify 64 Audio of a discrepancy within 30 days after the discrepancy first appears on your credit card statement, you agree that it will be deemed accepted by you in all respects and for all purposes. If we do not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by 64 Audio or its agents.
The build time for your Custom IEMs is a rough estimate and is provided in an email confirmation we send you after 64 Audio receives your ear impressions. PLEASE NOTE that the build time begins from the moment we receive your APPROVED ear impressions and not when you place your order. Your order may be delayed by rush orders and/or refits entering the queue. If you have a specific deadline for your order, we recommend you choose the Rush Processing option when ordering your IEMs.
For all Rush Processing orders, the 6 business day build time does not come into effect until we receive your online order, usable ear impressions and payment in full. Changes made after the initial payment may delay your order.
BUILD AND COSMETIC QUALITY
Every IEM is tested and inspected in accordance to general industry standards. However, we cannot guarantee that our shells will be free of micro bubbles.
Due to the unique shape of each individual’s ear, the placement of supplied images may vary slightly. We will make every effort to reproduce the "preview" design as closely as possible. In the rare event that we are not able to place the artwork on your earpieces, you will be contacted by phone or email.
We want you to get creative with your design but please keep in mind that 64 Audio as a brand doesn't align with vulgar/offensive language or graphics. Therefore, if you submit artwork that has inappropriate graphics such as, nudity, images showcasing violence, or profanity, one of our customer support representatives will politely reach out to you and ask you to change your artwork or text before we proceed with scheduling your order for production. If you have questions please reach out to email@example.com
CUSTOMS FOR INTERNATIONAL SHIPMENTS
Customers are responsible for any local import/export fees or taxes due in connection with a purchase. All customs and declaration forms must be filled out accurately and honestly. For warranty terms applicable to international customers, please visit our warranty page.
There is a possibility we are unable to offer the recessed sockets feature due to the shape and/or size restrictions of your ear. If we are unable to offer the recessed sockets, we will continue to build the product with a normal socket connector. This will not affect the sound or function of the IEMs.
We strive to achieve your desired shell and faceplate color as closely as possible in order to match your order “preview.” If you are dissatisfied with the color of your faceplates, you may return your IEMs within 30 days of receipt and we will rebuild your set for a fee of $349.00 USD. Additional charges for customizations and shipping apply.
We do not offer refunds of custom IEMs for reasons related to sound signature preferences. We suggest that you research the sound signature of our custom IEM model(s) prior to making a purchase. We spend countless hours perfecting the sound signature on our custom models and stand behind the sound quality and user experience.
In the event your product(s) is defective or malfunctioning, you may submit your product for service from your account under the Cases tab. Please refer to our warranty policy for more information and for service rates please refer to the Service & Repair page.
Please see our warranty page for further details about our Fit Guarantee and Warranty Coverage.
WARRANTY ON CABLES
Cables are guaranteed not to be dead on arrival and have a 90-Day limited warranty from the original shipping date.
PEARL WHITE CABLE OXIDATION
Due to the nature of the silver used in our cables there may be slight discoloring may occur over time. The Pearl White cable may turn to a darker color due to natural oxidation.
You agree to indemnify and hold 64 Audio, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from and against any claim, demand, loss or liability, including attorney’s fees, made by any third party due to or arising out of your use of this website.
64 Audio-approved ear impressions are required for all custom in-ear monitor orders. All ear impressions are scanned and electronically filed. Once IEM order is shipped, physical ear impressions are disposed of.
Because of the many variables that take part in creating a custom product, there may be a need for a fit adjustment. 64 Audio offers a 30 Day Fit Guarantee to ensure the ideal fit of your earphones. If refitting is not possible, we may, at our discretion, rebuild your earphones. Submit a case ticket from your account and send your product to our lab within 30 days post receipt of your order to be covered by the 30 Day Fit Guarantee. You are responsible for the cost of shipping your earphones to our lab. 64 Audio will cover the cost of shipping the refitted earphones back to you.
If more than one fit adjustment is required, 64 Audio requires that you notify customer service within 30 days of receiving the refitted earphones.
For international customers, we require that orders be sent back to our lab within 45 days post receipt. For subsequent refits, international customers must notify customer service within 45 days of receiving the refitted earphones.
Custom Products: If you opt to cancel your order of Custom Product(s) before we build the Product, you must cancel the order within 5 business days after the order is placed. We will process your return and refund within 2 business days. It may take longer than 2 business days for the refund to appear on your credit card statement. We are unable to offer a refund after a custom earphone Product has been built or after the build process has been started.
Universal-Fit Products: You may return your Universal-Fit Product(s) within 30 days after receipt. The return will be subject to a 15% restocking fee. In order for your return to be processed, you must submit a case ticket from your account within the 30-day period. Additionally, you must ship the Product(s) to 64 Audio within 10 business days from RMA submission. Shipping costs for returned Product(s) are the responsibility of the customer. The Product(s) must be in “as-new” condition, complete with any accompanying accessories and within the original box and packaging. Missing items will be subject to additional charges.
LIMITATION OF LIABILITY
64 AUDIO AND ITS AFFILIATES, VENDORS, OR ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR INCOME, LOSS OF DATA OR SALES, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES OR COST OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE, ANY MATERIALS OR RECOMMENDATIONS ON THIS SITE OR THE USE OF, MISUSE, OR INABILITY TO USE OUR PRODUCTS OR FROM DEFECTS IN OUR PRODUCTS, OR DELAY OR FAILURE TO DELIVER, EVEN IF 64 AUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 64 AUDIO’S MAXIMUM LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED THE ACTUAL PURCHASE PRICE OF THE PRODUCT. SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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