This website is operated by Sennheiser Electronic Corporation. Throughout the site, the terms “we”, “us” and “our” refer to Sennheiser Electronic Corporation. Sennheiser Electronic Corporation offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SOUNDCLUB headphone subscription Agreement
These terms and provisions are a legal agreement (the “Agreement”) between You (“You” or “Your”) and Sennheiser Electronic Corporation, 1 Enterprise Drive, Old Lyme, Connecticut 06731 (“Sennheiser,” “We,” “we,” “us,” or “our”) regarding the Sennheiser SoundClub Headphone Subscription Service (“Service”) which is accessible by registering for the Service at https://soundclubsf.com (the “SoundClub Website”).
Your subscription to the Service allows You access to a selection of our latest and best headphones for a flat monthly subscription fee. You choose the headphone (the ”headphone” or “Equipment”) You want from the SoundClub Headphone selections offered on the SoundClub Website. Subject to the terms and conditions contained in this Agreement, You can use the selected headphone until such time as You return the headphone or exchange it for a newer version or different headphone. We reserve the right to change the selection options from time to time without notice to You.
YOU SHOULD CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY USING THE HEADPHONE, SUBSCRIBING TO AND/OR REGISTERING FOR THE SERVICE ON OUR SITE, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT SUBSCRIBE TO THIS SERVICE OR ORDER ANY EQUIPMENT THROUGH THIS SERVICE.
WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO THE USE OF ANY HEADPHONES AFTER THE DATE OF SUCH CHANGE. IT IS YOUR RESPONSIBILITY TO PERIODICALLY CHECK BACK TO REVIEW THIS AGREEMENT AND ITS TERMS.
2. Subscription is Not a Lease or Purchase.
Your subscription provides You with access to a selection of headphones identified on the SoundClub Website. You can use each headphone for an unlimited period of time so long as You continue to make RECURRING subscription payments each month. We can limit the number of headphones that can be used by You and our other customers to ONE (1) at any time. You agree and acknowledge that You are subscribing to the Service and that ownership of the Headphones remains with Sennheiser at all times.
3. Adult Agreement Required.
Our Service may be subscribed for use by individuals under 18 years of age, but subscriptions are made only to adults who must provide credit card information which must be approved by our merchant bank and processing agent. If You are under 18 years of age, You may accept these terms and conditions and order Headphones only with the approval of Your parent or legal guardian.
4. Electronic Communication.
When You access the Sennheiser Website or the SoundClub Website, or send emails to us, You are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with You by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communication be in writing.
We will use the preferences and orders You provide on our SoundClub Website to send You e-mails and other marketing materials for other Sennheiser products and services. You may opt out of receiving those e-mails by clicking on the links provided at the bottom of those e-mails when available.
6. Subscription Fees.
The subscription fee for the Service will be the monthly subscription fee (as defined on the SoundClub Website) PLUS any insurance and shipping or handling charges listed on the SoundClub Website in connection with Your subscription along with any applicable sales taxes (“Subscription Fee”).
7. Credit Card Authorizations.
Upon Your order for Your Subscription Service, You hereby authorize us to charge Your credit card for the Subscription Fee on a RECURRING basis whereby Your card will be automatically charged thirty days from the commencement of Your subscription. We will charge Your credit card the amount of the Subscription Fee immediately upon Your subscription order or checkout where You confirm and submit – “Check Out” and automatically thereafter every thirty (30) days until You cancel Your subscription in accordance with these terms.
In addition, at the time of Your order of a headphone, You hereby authorize Sennheiser to charge Your credit card for the ORIGINAL RETAIL VALUE of that headphone as set forth on the SoundClub Website, plus any applicable sales taxes (“Retail Value”); provided that we will only charge the Retail Value in the circumstances set forth in Section 11 below.
Other than any applicable sales taxes, Subscription Fees exclude all federal, state and local taxes, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by You directly or, if paid by Sennheiser, shall be reimbursed by You to Sennheiser.
If Your payment method reaches its expiration date and You do not edit Your credit card information or cancel Your account, You authorize us to continue billing that credit card on file including extending the expiration date until we are notified by You or the credit card company that the account is no longer valid. We encourage You to update Your payment method information or cancel Your account should You wish to discontinue Your subscription.
You may cancel Your subscription at any time. You will not be charged any further monthly subscription fees after You cancel Your subscription. You will not receive a refund of any monthly subscription fee, or portion thereof, paid prior to Your cancellation. If You wish to cancel Your monthly subscription, You must contact one of our Customer Services Representatives using one of the following methods:
• By clicking on ‘Cancel’ in your account tab while logged in.
Once You cancel your subscription, You are responsible for returning any headphones in Your possession within TEN (10) CALENDAR DAYS. Returns must be in compliance with the provisions of Section 10. Failure to do so will result in You being charged for the entire value of Your headphone, at which point the headphone will be Yours to keep.
9. Background Check Disclosure.
We may obtain a consumer report on You to be used for the purpose of evaluating You as a new or continued subscriber. A consumer report is a type of background check in which information (which may include, but is not limited to, personal and credit characteristics) about You is gathered and communicated by a consumer reporting agency (“CRA”) to Sennheiser, its subsidiaries, affiliates, other related entities, successors, and/or assigns.
10. Headphone Delivery, Returns, Upgrades, and Exchanges.
Except for headphones picked up in person at an approved Sennheiser retail store* listed on the SoundClub website, all headphones will be delivered in accordance with the Sennheiser delivery and mailing schedules. We do NOT guarantee the delivery date of items and You agree that Your headphones will be delivered as it becomes available. The places that we deliver to are listed on the SoundClub Website. You must provide a valid address within the territory where we deliver. Sometimes headphones may appear slightly different than the photos displayed on our SoundClub Website. Our liability to You for not meeting Your satisfaction is limited to refund of a maximum of one month’s Subscription Fee as stated on the SoundClub Website (excluding insurance and any relevant delivery charges) as determined by us.
*Sennheiser retail stores are owned and operated by Sennheiser and do not include stores operated by third-party retailers of Sennheiser headphones such as Best Buy.
With delivery of the headphone, we will provide You with a pre-paid, pre-addressed envelope or box as well as instructions for Your use in returning the headphones to Sennheiser (“Return Packaging”). You may return, exchange or upgrade the headphones by mailing the headphones to us using the Return Packaging and informing us via email or phone that You are returning, exchanging or upgrading the headphones. You may exchange or upgrade one set of headphones every thirty (30) days. Unless You cancel Your subscription, Your Subscription Fee will continue to be charged and the new headphones that you select via the SoundClub website will be mailed to You automatically.
11. Your Commitments to Us.
a.Receipt of the Headphones
Upon delivery to the delivery address You provided, You bear responsibility for the headphone. In the event that an unsecure shipping address is provided, Sennheiser does not bear liability for headphones left unattended. Furthermore, You acknowledge that providing anything other than a secure shipping address may result in delivery delays and additional delivery fees for which Sennheiser is not to be held liable, but You will be held liable.
b.Use of the Headphones
You agree to treat the Headphones with great care, and return them in the same condition as was delivered to You, other than normal wear and tear.
If You return a headphone that is damaged beyond normal wear and tear, then You agree that we shall charge You, and You shall pay, for repairing or replacing the headphone, as determined in our discretion, up to the Retail Price for the headphone as shown on our website OR explained to You in the package delivered to You.
c.Payment of Retail Value – Lost, Damaged or Stolen Headphones
You are completely responsible for loss, destruction or damage to the headphones due to theft, disappearance, fire, water or any other cause, other than normal wear and tear.
Collections: If You do not pay the amounts You owe us when due, we may institute collection procedures. You agree to pay our costs of collection, including without limitation reasonable attorneys’ fees.
Our Right to Terminate Subscription: We reserve the right to terminate Your Subscription at any time in the event of Your breach of this Agreement or for no reason or any other reason in our discretion.
Automatic Termination: If you do not pay Your monthly Subscription Fee within TEN (10) calendar days after it is due, Your Subscription will automatically terminate as of that date.
If Your Subscription is terminated automatically (as provided above) or if we terminate Your Subscription in the event of your breach of this Agreement or for any other reason, You must return any headphones in Your possession within TEN (10) CALENDAR DAYS. Returns must be in compliance with the provisions of Section 10. Failure to do so will result in You being charged for the entire value of Your headphone, at which point the headphone will be Yours to keep.
12. Limited Warranty, Disclaimers, Your Remedies.
Our headphones come with a limited warranty as described in the Sennheiser Website and in the written materials that come with Your headphone. The warranty rights may be exercised only by You, and may not be assigned, sold or transferred to any third party. No warranties are granted other than as set forth in this Agreement. Our limited warranty will not apply to any matters arising from violation of Your commitments set forth in this Agreement.
THE LIMITED WARRANTY IS IN LIEU OF ANY OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) WITH RESPECT TO THE SERVICE OR EQUIPMENT, OR THE USE OR RESULTS OF THE SERVICE OR EQUIPMENT.
Your sole and exclusive remedy and Sennheiser’s sole and exclusive liability for a breach of Sennheiser’s limited warranty shall be, at Sennheiser’s option, either replacement of the non-conforming headphone in a timely manner or a refund of the Subscription Fee (excluding insurance and delivery charges) paid by You under this Agreement for the one month preceding the breach. Notwithstanding the foregoing, You must follow Sennheiser’s instructions for warranty claims in order to receive the remedies set forth in this Agreement.
13. Limitation of Liability.
a.No Indirect Damages
IN NO EVENT SHALL SENNHEISER (OR ITS SUPPLIERS OR LICENSORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES, OR FOR LOSS OF PROFITS OR LOSS OF USE DAMAGES, ARISING OUT OF THE SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SENNHEISER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
b.Limited Direct Damages
SENNHEISER’S (AND ITS SUPPLIERS’ AND LICENSORS’) AGGREGATE LIABILITY ARISING OUT OF SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE SUBSCRIPTION FEES PAID BY YOU UNDER THIS AGREEMENT.
This Agreement is the entire agreement between You and Sennheiser with respect to Your SoundClub headphone subscription. This Agreement supersedes all prior written and oral agreements, understandings and undertakings with respect to Your SoundClub headphone subscription.
Modifications to this Agreement may be made only by Sennheiser. We reserve the right to terminate or amend this Agreement at any time for any or no reason, effective upon notice to You of such termination or amendment.
The waiver of any term or condition or any breach thereof shall not affect any other term or condition of this Agreement.
d.Law That Applies
The Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut, excluding its conflicts of laws principles.
e.Agreement to Arbitrate
We will make reasonable efforts to resolve any disagreements that You have with us. In the event that we cannot resolve a disagreement (or if we cannot informally resolve a concern we may have with You after attempting to do so informally), then You and we agree that any claim, dispute, or controversy You may have against us arising out of, relating to, or connected in any way with these Terms or the Services shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to arbitrate in this section 14 (“Rules and Procedures”). The AAA’s rules, and a form for initiating arbitration proceedings, are available on the AAA’s site at http://www.adr.org. The language of any dispute resolution procedure or any proceedings will be English.
YOU AND WE BOTH AGREE THAT (A) EACH OF US CAN ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND THERE SHALL BE NO AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS; (B) ARBITRATION CAN DECIDE ONLY YOUR AND/OR OUR INDIVIDUAL CLAIMS, AND THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S); AND (C) THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
If the value of the relief sought is $10,000 or less, either You or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on You and us (subject to the arbitrator’s discretion to require and in-person hearing based on the circumstances). Attendance at an in-person hearing may be made by telephone by You and/or us, unless the arbitrator requires otherwise. Any in-person arbitration shall be held at a location determined by the AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for You), or at such other location as may be mutually agreed upon by You and us.
You agree further that: (a) the arbitrator shall apply Connecticut law consistent with the Federal Arbitration Act and applicable statutes of limitations, including principles of equity, and shall honor claims of privilege recognized at law; (b) the arbitrator shall not be bound by rulings in prior arbitrations involving us, but is bound by rulings in prior arbitrations involving both You and us to the extent required by applicable law; (c) in the event that You are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of Your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
With the exception of the second paragraph of this Section 14(e), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by the AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the second paragraph of this Section 14(e) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither You nor we shall be entitled to arbitrate the dispute.
f.Assignment of Agreement
You may not assign this Agreement without Sennheiser’s prior written consent. Sennheiser may assign any of its rights or delegate any of its obligations hereunder in its sole discretion and without Your prior written consent.
g.Unenforceability of Certain Contract Provisions
If any provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of any authority having jurisdiction over this Agreement, the validity of the remaining portions or provisions hereof shall remain in full force and effect. Sennheiser shall not be liable for failure to perform any of its obligations hereunder by reasons that are beyond its reasonable control, including, without limitation, fire, earthquake, interruptions in supply, other natural disasters, war, embargo, and/or riots or acts of terrorism.