TRENDINGEARBUDS.COM CONDITIONS OF USE
Last updated: June 17, 2021
TrendingEarpods.com is a trade name of BcarreCA Inc. 183 Rue Elmridge Chateauguay Quebec J6J 0A8 Canada
TrendingEarpods.com provides website features, products and services to you when you visit or shop atTrendingearbuds.com, or use other Trendingearbuds products, services, websites or mobile applications (collectively “Getearbuds Services”) – all of which are subject to these Conditions of Use. We reserve the right to modify these Conditions of Use at any time and without notice to you. By visitingTrendingearbuds.com or using other Trendingearbuds Services, you agree to these Conditions of Use. Please read them carefully.
We may offer a wide range of Trendingearbuds Services, and sometimes additional terms may apply. When you use a Trendingearbuds Service you also will be subject to the guidelines, terms and agreements applicable to that particular Trendingearbuds Service (“Service Terms”). If any Service Terms are inconsistent with these Conditions of Use, the Service Terms will control.
LICENSE AND ACCESS
Subject to your full compliance with these Conditions of Use and any applicable Service Terms, and your payment of any applicable fees, Trendingearbuds grants you a limited, non-exclusive, non-transferable, non-sublicensable and fully revocable license to access and make personal, non-commercial use of the Trendingearbuds Services. ForTrendingearbuds.com specifically, the license to accessTrendingearbuds.com is solely for the purpose of shopping for items for personal use sold onTrendingearbuds.com and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance and in our sole discretion. The license granted herein does not include: any resale or commercial use of any Trendingearbuds Service, or its contents; any collection or use of any product listings, descriptions, images, or prices; any derivative use of any Trendingearbuds Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots (bots), or similar data gathering and extraction tools.
All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Trendingearbuds or its licensors, suppliers, publishers, rightsholders, or other content providers. No Trendingearbuds Service, nor any part of any Trendingearbuds Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Trendingearbuds. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Trendingearbuds without express written consent. You may not use any meta tags or any other “hidden text” utilizing Trendingearbuds’ name or trademarks without the express written consent of Trendingearbuds. Trendingearbuds reserves the right to refuse service, terminate accounts, and/or cancel orders in our sole discretion, including, without limitation, if we believe that customer conduct violates these Conditions of Use, applicable law, or is harmful to our interests. In other words, you may not misuse Trendingearbuds Services.
INTERNATIONAL ACCESS; SANCTIONS & EXPORT POLICY
Trendingearbuds Services may be accessible from countries other than the United States and its territories and may contain products or references to products or services that are not available outside of the United States or its territories. Any such access or reference does not imply that such products or services will be made available outside the United States or its territories. If you access and use Trendingearbuds Services outside the United States or its territories, you are responsible for complying with all applicable laws and regulations.
You may not use any Trendingearbuds Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Trendingearbuds Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Trendingearbuds software), technology, and services.
REVIEWS AND COMMENTS
If allowed by Trendingearbuds, you may, as applicable, post reviews, comments, photos, videos, and other content; and submit suggestions, ideas, comments, questions, or other material or information (collectively, “Content”), so long as the Content complies with our guidelines and is not otherwise illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable.
If you do post or submit Content, and unless we indicate otherwise, you grant Trendingearbuds a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such Content throughout the world in any media. You also grant Trendingearbuds and sublicensees the right to use the name that you submit in connection with such Content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the Content that you submit; that the Content is accurate and will not cause injury to any person or entity; and that you will indemnify Trendingearbuds for all claims resulting from Content you supply. Trendingearbuds has the right but not the obligation to monitor, edit or remove any activity or Content. Trendingearbuds takes no responsibility and assumes no liability for any Content posted by you or any third party and may not review posted Content.
You may need your own Trendingearbuds account to use certain Trendingearbuds Services, and you may be required to be logged in to the account. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You shall immediately notify us of any actual or suspected unauthorized use of your password or Trendingearbuds account. We have no obligation to investigate the authorization or source of any such access or use of Trendingearbuds Services. Trendingearbuds does not sell products or services to children, but we do sell them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Trendingearbuds Services only with involvement and permission of a parent or guardian. Trendingearbuds reserves the right to refuse service, terminate accounts, terminate your rights to use Trendingearbuds Services, remove or edit content, or cancel orders in its sole discretion.
When you use Trendingearbuds Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications (including marketing communications, unless you have opted-out where applicable) from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Trendingearbuds Services. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
COPYRIGHT & TRADEMARKS
All content included in or made available through any Trendingearbuds Service, such as text, graphics, logos, button icons, images, audio, video, and software is the property of Trendingearbuds or its content suppliers; and the compilation of all content included in or made available through any Trendingearbuds Service is the exclusive property of Trendingearbuds and is protected by United States and international copyright laws, as applicable. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Trendingearbuds Service are trademarks of Trendingearbuds in the U.S. and other countries. The use of any of our intellectual property without our express written consent is strictly prohibited. Trendingearbuds’ trademarks and other intellectual property may not be used in connection with any product or service that is not Trendingearbuds’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Trendingearbuds. All other trademarks not owned by Trendingearbuds that appear in any Trendingearbuds Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Trendingearbuds. You may not use any of our trademarks or service marks in meta tags without our prior explicit consent.
We respect the intellectual property of others. If you believe that your intellectual property rights are being infringed, please notify us thereof.
Please review our Privacy Notice, which explains our practices and also governs your use of Trendingearbuds Services.
1earpods : $ 79.95
ONE TIME SALE
Any transaction you do with Trendingearbuds is a onetime sale and you do not enter into subscription or any other form of repeat transactions.
The billing descriptor is: ‘TrendingEarpods.com’. This is the name that will appear on your credit card statement.
RISK OF LOSS
The risk of loss and title for items purchased by you from Trendingearbuds pass to you upon our delivery of the items to the carrier. Conversely, we do not take title to returned items until the item is received at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item. You are responsible for reviewing the contents of your returns prior to shipment back to us. We are not responsible for any additional items that might accompany your returned items. Any such items are subject to destruction, and we have no obligation to return them to you.
RETURNS AND REFUNDS
In order to obtain your refund, contact customer service by phone or email and obtain an RMA (Return Merchandise Authorization) number to place on your package. Write this number on the outside of the shipping package, and send back the unopened product to our fulfillment center at the address listed below, within thirty (30) days of the date you originally ordered the product. In order for your refund to be processed the product must arrive at our fulfillment facility within thirty (30) days of the original purchase date. You pay for return shipping. Once our fulfillment center has received the package and relayed the correct information to us, you will be issued a refund. Your refund will be credited back to your bank account and may take up to 3-5 business days to show in your statement, depending on the speed of the processing bank.
The return address is:Trendingearbuds.com, PO BOX 447, Lakeland, FL 33802, USA.
Refunds will be issued to the credit card used during your purchase, or in the form of store credit. Refunds cannot be issued to an alternative credit card, account, or payment method. Once we have received your returned item(s), we will inspect them and process your exchange or refund request within 48 hours.
Unfortunately, we cannot give refunds for used or altered items. It should be noted that we cannot refund shipping fees except in cases of shipping errors.
If you have any questions, feel free to reach us any time at support@TrendingEarpods.com
PRODUCT DESCRIPTIONS; TYPOGRAPHICAL ERRORS; SITE CONTENT
Trendingearbuds attempts to be as accurate as possible. However, Trendingearbuds does not warrant that product descriptions or other content of any Trendingearbuds Service is 100% accurate, complete, reliable, current, or error-free. If a product offered by Trendingearbuds is not as described, your sole remedy against us is to return it in unused condition and request a refund for such item. If any other Trendingearbuds Service is not as described, your sole remedy against us is to request a refund for such Trendingearbuds Service.
In the event a product or service is listed at an incorrect price or with incorrect information (due to typographical error or error in pricing or product information received from our suppliers), we shall have the right to refuse or cancel any orders placed for such product or service. We shall have 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 canceled, we will issue a credit to your credit card account in the amount of the charge.
Content provided onTrendingearbuds.com is solely for informational purposes. User submissions or opinions expressed on Trendingearbuds Services are that of the individual expressing such submission or opinion and may not reflect our opinions. Product representations expressed onTrendingearbuds.com are that of the vendor and are not made by us, unless otherwise noted.
Our websites may contain links or ads to other sites that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of, or content located on or through, any such site, and the inclusion of third party sites does not imply endorsement by Trendingearbuds.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke any or all of your permissions granted under these Conditions of Use. Upon such termination or revocation, you shall immediately cease all access to and use of all Trendingearbuds Services, and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use ofTrendingearbuds.com or any other Trendingearbuds website in whole or in part. Any termination of these Conditions of Use shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
DISCLAIMER AND LIMITATION OF LIABILITY
TRENDINGEARBUDS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH TRENDINGEARBUDS SERVICES ARE PROVIDED BY TRENDINGEARBUDS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TRENDINGEARBUDS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF TRENDINGEARBUDS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH TRENDINGEARBUDS SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF TRENDINGEARBUDS SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, TRENDINGEARBUDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, DATA ACCURACY, DATA SECURITY, AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.Trendingearbuds.com MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. TRENDINGEARBUDS DOES NOT WARRANT THAT TRENDINGEARBUDS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH TRENDINGEARBUDS SERVICES, TRENDINGEARBUDS’ SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM TRENDINGEARBUDS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, TRENDINGEARBUDS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY TRENDINGEARBUDS SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY TRENDINGEARBUDS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AMOUNT YOU PAID US FOR THE APPLICABLE PRODUCT OR SERVICE.
DISPUTES, REMEDIES & APPLICABLE LAW
Any dispute or claim relating in any way to your use of any Trendingearbuds Service, or to any products or services sold or distributed by Trendingearbuds or throughTrendingearbuds.com or any other Trendingearbuds website will be resolved by binding arbitration, rather than in court. You agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Quebec (without regard to principles of conflict of laws), will govern these Conditions of Use and any dispute of any sort that might arise between you and Trendingearbuds.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered address: 183 Rue Elmridge Chateauguay Quebec J6J 0A8 Canada The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. The AAA’s rules will govern payment of all filing, administration and arbitrator fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Lee County, Quebec or at another mutually agreed location.
You and Trendingearbuds both agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you and Trendingearbuds each respectively waive any right to a jury trial. You and Trendingearbuds also both agree that either of us may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
MODIFICATION & SEVERABILITY
We reserve the right to make changes to our websites, policies, Service Terms, and these Conditions of Use at any time and without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Trendingearbuds.com 183 Rue Elmridge Chateauguay Quebec J6J 0A8 Canada