Warranty – CELECITY®
Subject to the terms, conditions, and disclaimers contained herein, Litsinger Enterprises, LLC dba CELECITY®, a Kentucky Limited Liability Company (“CELECITY®” or “We”) warrants that CELECITY® branded products will be free of defects in materials and workmanship for one (1) year from the date of purchase, as shown on the receipt, if the product was purchased from a retailer, or one (1) year from the date of shipment, as shown on the packing slip, if the product was purchased from www.celecity.com (the “CELECITY® Website”). This Limited Warranty does not cover consumables, such as batteries, unless they fail due to a defect in materials or workmanship of a CELECITY® branded product.
This Limited Warranty extends only to the original end-user of the product and is not assignable or transferable to any other person. This Limited Warranty does not cover: (1) any damage or loss that occurs after we place the product with the carrier for shipment to you or to any retailer, (2) any damage caused by normal wear and tear, abnormal use or conditions, neglect, abuse, misuse, accident, improper storage or handling, unauthorized modifications or repairs, improper use of any electrical source, undue physical or electrical stress, user error, or failure to follow product instructions (“Excluded Conditions”), (3) any product with an altered or missing Order ID or any counterfeit product, (4) any damage from external causes such as storm, flood, fire, dirt, sand, earthquakes, Acts of God, exposure to sunlight, weather, heat, or corrosive environments, electrical surges, or third-party products, or (5) product fit or appearance other than failure to provide a product that is materially equivalent to the product description on the product packaging or on the Website.
WE DO NOT WARRANT THAT PRODUCTS WILL OPERATE UNINTERRUPTED OR BE ERROR FREE OR THAT ALL PRODUCT ERRORS WILL BE CORRECTED. OUR ONLY LIABILITY UNDER THIS LIMITED WARRANTY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE, AT OUR OPTION, TO REPAIR OR REPLACE THE PRODUCTS OR REFUND THE AMOUNT PAID FOR PRODUCTS RETURNED TO US. Replacement products may include refurbished CELECITY® products that have been certified to conform to the original product descriptions. If we elect to repair any defective product and are unable to do so after a reasonable number of attempts, we will provide you a replacement product or will refund your purchase price. IN NO EVENT WILL CELECITY®’S LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT, REGARDLESS OF THE NUMBER OF CLAIMS, THE FORM OF ACTION, OR THE THEORY OF LIABILITY. We have no liability to pay for any repairs performed by anyone other than us, unless in each instance we have given express written approval for such repairs. Any unauthorized attempt to repair any product will void the Limited Warranty on the product. For any product you purchase from us that is covered by another manufacturer’s warranty, your warranty is limited to that warranty. In such event, we will reasonably assist you, upon written request, to place a warranty claim with the manufacturer.
THIS LIMITED WARRANTY SHALL BE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, AND CELECITY® EXPRESSLY DISCLAIMS ANY AND ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OF ANY PRODUCTS THAT YOU PURCHASE FROM US, REGARDLESS OF THE NUMBER OF CLAIMS, THE FORM OF ACTION, OR THE THEORY OF LIABILITY AND EVEN IF WE ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS CONTAINED IN THIS “LIMITED WARRANTY” SECTION SHALL APPLY EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE.
To obtain information about or make a claim under this Limited Warranty, you must contact us at firstname.lastname@example.org.
HEARING LOSS CLAIMS AND DISCLAIMER
PERMANENT HEARING LOSS MAY OCCUR IF EARPHONES OR HEADPHONES ARE USED AT EXCESSIVE VOLUMES. EXPOSURE TO NOISE FROM EARPHONES OR HEADPHONES IN EXCESS OF 85 DECIBELS FOR MORE THAN 8 HOURS A DAY WILL LIKELY CAUSE IRREPARABLE HEARING DAMAGE. YOUR EARS MAY ADAPT TO A HIGHER VOLUME OF SOUND OVER TIME, WHICH MAY SOUND NORMAL BUT CAN PERMANENTLY DAMAGE YOUR HEARING. YOU ACCEPT ALL RESPONSIBILITY FOR HEARING DAMAGE RESULTING FROM THE UNSAFE USE ABOVE 85 DECIBELS OF EARPHONES OR HEADPHONES. IN ADDITION, SOME RESEARCH HAS SUGGESTED A POSSIBLE LINK BETWEEN THE USE OF WIRELESS ELECTRONIC DEVICES CLOSE TO THE HEAD AND BRAIN DAMAGE OR OTHER SERIOUS AND POTENTIALLY LIFE-THREATENING MEDICAL CONDITIONS. YOU ACCEPT ALL RESPONSIBILITY FOR ANY AND ALL SUCH DAMAGE AND MEDICAL CONDITIONS THAT MAY RESULT FROM THE USE OF EARPHONES OR HEADPHONES. CELECITY® SHALL HAVE NO LIABILITY FOR ANY SUCH DAMAGE OR MEDICAL CONDITIONS.
By purchasing and/or using a CELECITY® branded product, you agree to defend and indemnify CELECITY®, its subsidiaries, affiliates, licensors, distributors, retailers, content providers, service providers, employees, officers, directors, agents, and contractors (collectively, the “Indemnified Parties”) against, and hold the Indemnified Parties harmless from, any and all claims, actions, causes of action (regardless of the number of claims, the form of action, or the theories of liability); losses; actual, direct, indirect, special, punitive, exemplary, incidental, consequential, and other damages, including but not limited to loss of revenue or income, pain and suffering, and/or emotional distress; and awards, judgments, fines, costs, expenses, and attorneys’ fees, including but not limited to those of the Indemnified Parties (any of the foregoing, a “Claim”), arising from or otherwise relating to any hearing loss or damage and/or any of the other medical conditions referenced in the preceding paragraphs and/or arising from or otherwise relating to the use of earphones or headphones or other CELECITY® products purchased by you. You agree that the Indemnified Parties will have no liability in connection with any such damage, injury, conditions, or Claims, and you agree not to bring any legal or other actions or proceedings against or otherwise hold any Indemnified Party liable or responsible for any such damage, injury, conditions, or Claims.
We will accept return of products if we determine that the products qualify for a warranty return under our Limited Warranty above and you comply with the following warranty return procedures:
Obtain a Return Merchandise Authorization Number (RMA#) from CELECITY® customer support by contacting email@example.com. Every warranty return must have an RMA#. Write the RMA# on the outside of the shipping box or container (not the product package).
Submit your proof of purchase of the product directly from the CELECITY® online store (an itemized, dated receipt) or from Amazon.com or other retailer of CELECITY® branded products and include a completed RMA form.
Use the original CELECITY® shipping box or container, and return all items and materials originally included with the CELECITY® product, including the original product packaging. Remove or cover all previous shipping labels on the outside of the shipping box or container.
Return only the CELECITY® products under warranty. We are not responsible for any other products, accessories, or items that you return with the CELECITY® products under warranty.
If applicable, make a backup of any and all data stored on the product. CELECITY® is not responsible for loss of any data stored on a returned product.
Please return the product directly back to the retailer where you bought it as directed by CELECITY® customer support.
Arrange shipment pickup, prepay shipping (and any duty) charges, and insure the shipment or accept the risk if the product is lost or further damaged in transit. We advise that you ship the product back to the retailer via UPS or FedEx to ensure proper delivery. It is your responsibility to retain a sender’s copy of the shipment invoice and the shipment tracking number in the event of a lost shipment, until CELECITY® has expressly acknowledged to you in writing that it has received the returned product. CELECITY® will bear the cost of shipping the product or the replacement product back to you after warranty service.
You agree to use all products safely and legally and to defend and indemnify the Indemnified Parties against, and hold them harmless from, any and all Claims incurred by them or asserted, awarded, or otherwise imposed against them arising from or relating to your failure to do so and/or your removal, disabling, alteration, or covering of any safety features or warnings on any products (any such act, an “Alteration”). You agree not to bring any legal proceedings against or otherwise hold any Indemnified Party liable or responsible for any damage, death, or injury suffered by you, any other person, or any property, resulting from your failure to use products safely and legally and/or without any Alterations.
The prevailing party in any action or other proceeding brought with respect to this Limited Warranty and related terms and conditions shall be entitled to recover, in addition to any and all other available relief, its costs, reasonable attorneys’ fees, and other collection expenses. YOU AND CELECITY® IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY AND ALL ACTIONS OR PROCEEDINGS BROUGHT UNDER OR WITH RESPECT TO THE LIMITED WARRANTY AND RELATED TERMS AND CONDITIONS.
This Limited Warranty and related terms and conditions shall be governed and interpreted according to the laws of the Commonwealth of Kentucky, without regard to any conflicts of laws principles. The Convention on Contracts for the International Sale of Goods shall not apply. You irrevocably consent to personal jurisdiction in Kentucky in connection with any dispute between you and CELECITY® arising out of or relating to this Limited Warranty and related terms and conditions. The exclusive venue for any dispute between the parties arising out of or relating to this Limited Warranty and related terms and conditions will be the state and federal courts in McCracken County, Kentucky. If a court of competent jurisdiction finds any provision of this Limited Warranty or related terms and conditions to be void, invalid, illegal or unenforceable, the provision will be limited, modified, or if necessary severed, to the extent required to eliminate such problem, and all other provisions shall continue in full force and effect.