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Disclaimer

TERMS AND CONDITIONS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

WARRANTY DISCLAIMER

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, G&S Designs disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. G&S Designs does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. G&S Designs does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

LIMITATION OF LIABILITY

G&S Designs shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if G&S Designs has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

TYPOGRAPHICAL ERRORS

In the event that a G&S Designs product is mistakenly listed at an incorrect price, G&S Designs reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. G&S Designs reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, G&S Designs shall issue a credit to your credit card account in the amount of the incorrect price.

TERM; TERMINATION

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by G&S Designs without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

NOTICE

G&S Designs may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to G&S Designs.

By visiting the The HearClip™ website (“Site”), www.thehearclip.com (“G&S Designs”), you are accepting and consenting to be bound by the Terms of Use provided herein, as well as the Privacy Policy.

IF YOU DO NOT AGREE WITH THESE TERMS OF USE, OR ANY POSTED GUIDELINES OR RULES, PLEASE DO NOT USE THIS SITE. We reserve the right, in our discretion, to update or modify the Terms of Use at any time by posting such new terms on the Site. Such changes shall be effective immediately upon posting with the date of the most recent revisions appearing at the bottom of this page, so check back often. We encourage you to review these Terms of Use whenever you use the Site. Your continued use of the Site and/or Services will constitute your binding acceptance of this Agreement, as amended from time to time.

MISCELLANEOUS

Your use of this site shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of G&S Designs products) shall be in the state or federal courts located in Rensselaer County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of G&S Designs products) must be commenced within one (1) year after the claim or cause of action arises. G&S Design’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. G&S Designs may assign its rights and duties under this Agreement to any party at any time without notice to you.

USE OF SITE

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a G&S Designs or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

PARTICIPATION DISCLAIMER

G&S Designs does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, G&S Designs is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, G&S Designs reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to G&S Designs in its sole discretion.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless G&S Designs, its owner, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

THIRD-PARTY LINKS

In an attempt to provide increased value to our visitors, G&S Designs may link to sites operated by third parties. However, even if the third party is affiliated with G&S Designs, G&S Designs has no control over these linked sites, all of which have separate privacy and data collection practices, independent of G&S Designs. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, G&S Designs seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

PLACING AN ORDER

When you add an item to your shopping cart, you may either continue shopping or proceed to the checkout. If you are not logged in when proceeding to the checkout, you will be prompted to do so. Checkout involves four (4) simple steps: Billing, Shipping, Payment, and Order Confirmation.

Once we have received your order, you will receive an email acknowledging the details of your order. This email is not an order confirmation but rather recognition that we have received your requested order.

Please note that this does not guarantee the availability of the merchandise and that ALL ORDERS ARE SUBJECT TO AVAILABILITY. Although we make every effort to feature in stock pieces in our store, occasionally we may sell out of featured items. If we are unable to complete your order, you will be notified via email within five (5) business days and will not be charged for orders that cannot be fulfilled.

We reserve the right to decline your order in the event that we are unable to obtain authorization for payment, there are shipping restrictions for a particular item, or we do not have the item in stock.

Items in your shopping cart are not reserved and may be purchased by other clients.

RETURN AND EXCHANGE POLICY

If you are unhappy with an item that you have purchased from us online, you may return it within 7 days of receipt. We only accept returns for purchases made from our on-line store. We cannot accept returns on items purchased that are categorized as special or custom order items. Items must be returned with their original packaging and in perfect, unworn condition.

To return or exchange an item, please email us at info@thehearclip.com for a return material authorization number. Items cannot be accepted for return without an RMA number. Please send returns to:

The HearClip
P.O. Box 905
Lanesborough, MA 01237
RMA# ___________

For your protection, please insure the package for the full purchase amount. G&S Designs (The HearClip™) is not responsible for items lost or damaged during transit.

Credits are refunded upon receipt of the item via the original method of payment. Typically refunds are reflected on your statement within 3-5 business days. Refunded credits do not include shipping costs.

PAYMENT

We currently accept payments by Visa, MasterCard, or Paypal. Payment will be debited and cleared from your account upon order confirmation. In filling out the payment requirements, you confirm that you are an authorized user of the credit/debit card. All credit/debit cardholders are subject to validation checks and authorization by the card issuer.

If the issuer of the credit/debit card rejects authorization of payment to G&S Designs (The HearClip™), we will not be held liable for any delay or non-delivery.

SALES TAX

G&S Designs (The HearClip™) does not charge sales tax for orders delivered in the United States with the exception of deliveries in the state of New York, in which applicable sales tax will be added to the order amount.

SHIPPING

Each piece is made to order, so please allow 7 to 14 business days for your item (excluding shipping). You will have to option to choose which shipping method you prefer. An e-mail will be sent to you, upon shipment of your order, that will contain your tracking number for the carrier you have chosen.

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