HEAD Accessories Online Store
1. About these Terms and Conditions
2. Placing Your Order
3. Supply of Your Products
5. Paying for Your Products
6. Delivery of Your Products
7. Your Right to Return the Products
9. One (1) year Limited Warranty
10. Our Liability
11. Contacting Born Global
12. Export Control
13. Data Protection
14. Circumstances beyond our reasonable control
15. Disagreements Governing Law and Jurisdiction
1.1 In these terms and conditions “we” and “us” mean Born Global Limited, and “you” means you the customer. In these terms and conditions certain words spelt with initial capital letters are defined terms. For your ease of reference these defined terms are listed together at the end of the terms and conditions. These terms and conditions together with your Order Confirmation constitute the Contract between us and you for the supply of Products. No other terms and conditions shall apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
1.2 Additional terms and conditions for Consumer Audio Purchases: The purchase and use of an consumer audit item is subject to the general Terms and Conditions in this page and to the following additional terms and conditions. In the event of conflict between the general Terms and Conditions and these additional terms and conditions, these additional terms and conditions shall prevail in relation to Consumer Audio purchases.
Making unauthorized modifications to the software on an Consumer Audio violates the Consumer Audio software license agreement and the inability to use Consumer Audio due to unauthorized software modifications is not covered under warranty. Further any such modification may render your Consumer Audio inoperable and void your warranty.
2.1 To place an Order you must be 18 years of age or over and be accessible by non cellular telephone. In order to be entitled to benefit from the special discounts on the HEAD Accessories Online Store. Born Global Limited is entitled at any time to require that you produce evidence of your entitlement to purchase under this provision. Born Global Limited reserves the right to cancel your order in its absolute discretion and we will inform you if we cancel your order on the basis we cannot fulfil said order in a reasonable timeframe. Any payments you have made will be refunded to you.
2.2 You may place an Order by:
2.2.1 filling in the Order Form on the Born Global Limited Store Web Site after logging into or creating your personal account and clicking on the “Place my order” button;
2.3 When you place your Order, we will issue you with a Web Order Number.
2.4 By placing an Order, you make an offer to us to purchase the Products you have selected on these terms and conditions. We may or may not accept your offer at our discretion.
2.5 If we accept your Order, we will notify you of our acceptance by issuing an Order Confirmation. We will send your Order Confirmation to you by e-mail suing the e-mail address provided you have indicated on your Order Form. The Order Confirmation will be effective on sending. If we cannot accept your Order we will attempt to contact you by email.
2.6 Whilst we will make every effort to supply you with the Products listed on the Order Confirmation, there may be occasions where we are unable to supply these Products because, for example, such Products are no longer being manufactured or we are unable to source relevant components. In such circumstances we will contact you to inform you and may suggest alternative Products that you might wish to purchase. If you accept our suggestionsthen we will send you a revised Order Confirmation. If you do not accept our suggestions then we will cancel your Order in relation to those Products we cannot supply and repay you any money that you may have paid to us in respect of those Products. Repayment of such monies will be the extent of our liability to you if we are unable to deliver to you the Products you have ordered.
2.7 Information contained in our advertising, brochures, other written materials, on our web sites or given to you by our agents or employees constitutes an invitation to treat. No such information constitutes an offer by us to supply any Products.
2.8 There are no quantity limits for consumers to purchases on the HEAD Accessories Online Store:
Born Global Limited reserves the right to cancel your order if you have reached these limits. We will inform you if we cancel your order on the above basis. Any payments you have made will be refunded to you.
Subject to these terms and conditions, we will supply to you the Products indicated on your Order Confirmation.
4.1 The price for the Products will be the price indicated on your Invoice.
4.2 VAT is payable by you at the applicable rate as indicated on your Invoice. No intra-community purchases can be made on The HEAD Accessories Store Web Site
4.3 Delivery costs, where applicable, are payable by you as indicated on your Invoice.
5.1 You may pay for your Products by the methods of payment as may be displayed on the payment section of the HEAD Accessories Store Web Site from time to time.
5.2 You must pay in the currency as indicated on your Invoice.
5.3 If you are paying by credit card, then you must supply your credit card details when you place your Order. Your credit card will be charged when we issue your Invoice or on shipment of your Products. We will not commence the manufacture of your Products neither will we supply the Products to you nor perform the Services until your credit card issuer has authorised the use of your card for payment of the Products ordered. If we do not receive such authorisation we shall let you know. We reserve the right to verify the identity of the credit card holder by requesting appropriate documentation.
5.4 Products will be manufactured and supplied and Services provided after your payment is cleared. If we do not receive payment in cleared funds within 30 days after the date of your Order then your Order will be cancelled.
5.5 We will send request for payment, your Invoice, and Products to you at the billing address indicated on your Order Confirmation. We will however, only send the documents by e-mail to the e-mail address you have indicated on your Order Form.
6.1 We will deliver your Products to the delivery address as shown on your Order Form.
6.2 We will endeavour to deliver your Products to you within 14 days of the date we have received your payment. Estimated Product build times which are given at the time of placing an Order are estimates only and do not equate to delivery times. If you have ordered several Products at one time, we may deliver such Products on different days.
6.3 Risk in your Products will pass to you upon our delivery of the Products.
6.4 Upon delivery of the Products to our carrier we will send you a confirmation of shipment by e-mail to the e-mail address you have indicated on the Order Form.
7.1 If you are not satisfied with any Product you have purchased from us, you may return the Product to us within 30 days of purchase and obtain a refund of the price of the Product returned provided the Product(s) is/are returned to us undamaged and in original packaging..
7.2 In order to exercise your option to return a Product you are not satisfied with, you must contact us via our website https://head-accessories.com/index.php/contact/ to make arrangements for return. Please remember to inform us your order number. You must return the Products in their original packaging and the Products must be undamaged. You must obtain and retain a signed copy of delivery documentation from the carrier at the time of collection.
8.1 Except as otherwise stated on the HEAD Accessories Online Store Web Site at the time you place your Order we will at no additional cost provide e-mail support service for Hardware, as defined below, which you purchase from the HEAD Accessories Store Web Site. The service is available for 90 days from the date of purchase (the date of your Invoice).
8.2 The support service shall consist of advice and guidance in relation only to set-up and installation problems and associated usability issues.
8.3 The email support is started via our website http://head-accessories.com/index.php/contact/.
8.4 In providing support, we will attempt to resolve your query when you first contact us. We cannot guarantee resolution of your queries. On occasions we may need to return to you in order to suggest a resolution.
9.1 Born Global Limited warrants that its HEAD branded products are sold with the intent that they are free of defects in material and workmanship that would result in product failure under normal consumer conditions for the duration of the HEAD product’s limited product warranty. Such a limited warranty covers HEAD Accessories products bought directly via our website www.head-accessories.com only; it does not cover Products bought elsewhere. If you bought the product elsewhere we might not be able to assist you and you might have to check the warranty issues locally where you bought the product. You need to be able to show documentation that you have purchased the product via our website.
Who is covered:
The limited product warranty extends only to the original HEAD branded product purchaser or the person receiving the HEAD branded product as a gift from the original product purchaser, and does not extend to any other person or transferee. To qualify for the warranty, the consumer must provide proof of purchase in the form of the original order number. Individuals who hold the product as a gift are covered by the limited product warranty only if the gift was from the original product purchaser and an original order number can be produced.
Who is not covered:
Those who have either purchased or received the HEAD branded product that was sold as new or refurbished from an unauthorized retailer including but not limited to websites such as Ebay.com, actions sites or sales by surplus or bulk resellers are not covered by the limited product warranty. For more information regarding the limitations on our warranty, please refer to the section “What is not covered” down below.
What we will do:
Born Global Limited or the appointed agent holds the sole and exclusive responsibility to either repair or replace the defective product during the 6 months warranty period. If at its sole option Born Global Limited or the appointed agent decides to replace a product, the replacement product will be a fully refurbished unit. If your product cannot be replaced with a product of the same model type, Born Global Limited or the appointed agent may give you a replacement product of similar or greater value. Born Global Limited or the appointed also reserves the right at its sole option to issue a refund on any defective product.
What is not covered:
This warranty is limited and not applicable to damages, defects, malfunction or failure to meet performance specifications resulting from:
- Normal wear and tear
- Misuse of product, neglect, abuse, improper handling or accident
- Product service, testing, adjustment, instalment, maintenance, and alteration including software changes or hardware changes made by someone other than Born Global Limited or the appointed agent.
- Non-compliance with instructions given by Born Global Limited including, but not limited to, improper use of an electric source or other operator error
- Damage or loss during shipment or transit
- External causes such as floods, storms, fires, earthquakes, sunlight exposure, acts of God, weather, moisture, sand, dirt, electrical surges, battery leakage, vibration, corrosive environments or damage caused by the connection to other products
This warranty also does not cover:
- HEAD branded products that have been lost as a result of theft
- Accessories that include but are not limited to batteries, cables, detachable power adapters and grilles.
- Material or workmanship defects that occur after the 6 months warranty has concluded.
Duration of warranty:
All HEAD branded products carry a 6 months limited product warranty, which is initiated on the date of the purchase.
How to get service:
- You must have an original order number showing proof of purchase; this requirement extends to those that receive the HEAD branded products as a gift from the original product purchaser.
- To obtain warranty service on your HEAD branded product, please notify customer support at firstname.lastname@example.org to request assistance. If we agree service is required, we will provide you with a Return Material Authorization (RMA) number. Please do not return your unit prior to obtaining a RMA number. Any product returned to Born Global Limited’s agent in without an RMA or proof of purchase will be returned to consumer at the consumer’s cost.
- You are responsible for the shipping charges to Born Global Limited or appointed agent located. For repairs and replacements covered by this warranty, we will pay the return shipping charges to any destination as well as all labour and material expenses for items covered by the limited warranty.
Born Global Limited warrants that the repaired or replaced parts will be free from defects in material and workmanship for the remainder of the warranty period.
THE WARRANTY PROVIDED HEREIN SHALL BE THE SOLE AND EXCLUSIVE WARRANTY. THERE SHALL BE NO OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OR ANY OTHER OBLIGATION ON THE PART OF THE COMPANY WITH RESPECT TO HEAD BRANDED PRODUCTS COVERED BY THIS WARRANTY. BORN GLOBAL LIMITED SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES. BORN GLOBAL LIMITED SHALL NOT BE LIABLE FOR DAMAGE TO OTHER PRODUCTS CAUSED BY ANY DEFECTS IN A HEAD BRANDED PRODUCT, DAMAGES UPON INCONVENIENCE OR LOSS OF USE OF THE PRODUCT, OR ANY OTHER DAMAGES, WHETHER INCIDENTAL, CONSEQUENTIAL, OR OTHERWISE. IN NO EVENT SHALL THIS WARRANTY REQUIRE MORE THAN THE REPAIR OR REPLACEMENT OF ANY PART OR PARTS WHICH ARE FOUND TO BE DEFECTIVE WITHIN THE EFFECTIVE PERIOD OF THE WARRANTY. ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE LENGTH OF THIS WARRANTY.
9.2 This limited warranty gives you specific legal rights, and you also may have other rights that vary from state to state or country to country. Some states do not allow limitations on implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
10.1 If you are a Consumer, nothing in the agreement to buy shall limit or exclude our liability for breach of any term implied by statute. If you are not a Consumer:
10.1.1 these terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products.
11.1.2 there are no warranties, conditions or other terms that are binding on us except as expressly stated in the Terms & Conditions; and
10.1.3 any warranty, condition or other term concerning the Products which might otherwise be implied into or incorporated in the Contract by statute, common law or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded. In particular, Born Global will not be responsible for ensuring that the Products are suitable for your specific purpose(s).
10.2 Nothing in the Terms & Conditions shall limit or exclude our liability for death or personal injury caused by negligence or for fraud.
10.3 Subject to clause 11.2, we will not be liable under the Contract for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of Terms & Conditions or otherwise.
10.4 Subject to clause11.2 our maximum aggregate liability under the Contract whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
You can contact us:
- by e-mail via our website: https://head-accessories.com/index.php/contact/.
- by telephone on +852 3583 4746 between 10:00 and 17:00 (GMT +8) Mondays to Fridays except Hong Kong Public Holidays;
- by post at Born Global Limited, HEAD Accessories Online Store, Unit 03-04, 21/F, Eight Commercial Tower, 8 Sun Yip Street, Chai Wan, Hong Kong
When contacting us in relation to an Order you have placed, you must quote your Web Order Number.
You agree to comply with your local Import Laws. You agree (i) not to import any Product to any country in contravention of any Import Law, and (ii) not to Import any Product to any country for which an Import licence or other governmental approval is required, without first obtaining all necessary licences or other approvals. You warrant that you are not located in, under the control of, or a national or resident of any country to which export of the Products is prohibited by any Law.
By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. Some of the information you provide to us will be passed to the companies we use for the shipment of Products to you. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use your to provide you with information from time to time on other products that may be of interest to you. If you do not agree to us using such data in order to provide you with information on other products, you should indicate your non-agreement in an e-mail and send it via our website https://head-accessories.com/index.php/contact/. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request.
We will make every effort to perform our obligations under the Terms & Conditions.
However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.
We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the Hong Kong Special Administration Region and the local law will apply.
16.1 Neither our failure or your failure to enforce any term of the Contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
16.2 The invalidity or unenforceability of any provision of the Contract shall not adversely affect the validity or enforceability of the remaining provisions.
17.1 In these terms and conditions:
‘Accessory’ means any ancillary Product such as earbuds, headphones, phone cover, cables;
“HEAD Accessories Authorised Service Provider” means a service provider authorised by us to provide guarantee service;
“HEAD Accessories On Line Store Web Site” means our build-to-order web site for customers worldwide;
“Contract” means these terms and conditions together with your Order Confirmation;
“Consumer” means a customer who purchases Products otherwise than in the course of a business;
“Import Laws” means all laws, regulations and orders worldwide applicable to the import, re-export, transfer or resale of Products;
“Invoice” means the invoice issued by us to you for the price of the Products;
“Order” means an order placed by you in accordance with these Terms & Conditions;
“Order Confirmation” means the order confirmation issued by us to you indicating acceptance of your Order;
“Order Form” means the electronic order form on the HEAD Accessories Online Store Web Site;
“Product” means any product listed on the HEAD Accessories Online Store Web Site which we agree to supply to you on these Terms & Conditions;
“Territory” means the countries Worldwide.
“Web Order Number” means the order number issued by us to you;