Terms of service
Please read these Terms carefully. By accessing or purchasing from hearsilk.com, you agree to be bound by these Terms of Service. If you do not agree, please do not use our Services.
1. Overview · 2. Products & Medical Disclaimer · 3. Online Store Terms · 4. Prices & Payment · 5. Shipping & Delivery · 6. Returns & Warranty · 7. Intellectual Property · 8. Third-Party Services · 9. Personal Information · 10. Feedback · 11. Errors & Omissions · 12. Prohibited Uses · 13. Termination · 14. Disclaimer of Warranties · 15. Limitation of Liability · 16. Indemnification · 17. Governing Law · 18. General Provisions · 19. Changes to Terms · 20. Contact
Overview
These Terms of Service govern your use of the HearSilk website located at hearsilk.com and all related content, features, products, and services offered by HearSilk (collectively, the "Services"). Our Services are hosted and powered by Shopify.
By visiting our site, placing an order, or using any part of the Services, you agree to be bound by these Terms. These Terms apply to all users, including browsers, customers, and anyone who contributes content.
Age requirement: You must be at least 18 years of age to use our Services. By using our website, you confirm that you meet this requirement.
Products & Medical Disclaimer
HearSilk sells hearing aids and hearing-related accessories. While our products are designed to assist with hearing amplification, the following important disclaimers apply:
Not a medical service: HearSilk is a retail store and does not provide medical advice, audiological evaluation, diagnosis, or treatment. Our products are consumer hearing devices and are not a substitute for professional audiological care.
Consult a professional: If you have concerns about your hearing health, we strongly recommend consulting a licensed audiologist or hearing care professional before purchasing any hearing device.
Results may vary: Individual outcomes from using hearing devices vary based on the nature and degree of hearing loss, lifestyle, and consistency of use. HearSilk makes no guarantee of specific hearing improvement results.
Product descriptions, specifications, and images on our site are provided for informational purposes. We make reasonable efforts to ensure accuracy but do not warrant that all information is complete or error-free.
Online Store Terms
By placing an order, you represent that you are of legal age, are purchasing for personal or household use, and that all information you provide is accurate and current.
We reserve the right to refuse or cancel any order at our discretion, including orders that appear to be placed for resale, orders placed with inaccurate information, or orders that we are unable to fulfill due to stock or pricing errors.
You agree not to reproduce, duplicate, copy, sell, or resell any portion of the Services without our express written permission.
Prices & Payment
All prices are listed in US Dollars (USD) and are subject to change without notice. We reserve the right to modify or discontinue any product or promotion at any time.
We accept payment via the methods available at checkout. By submitting your payment information, you represent that you are authorized to use the payment method provided.
In the event of a pricing error on our site, we reserve the right to cancel orders placed at the incorrect price, even after an order confirmation has been sent. We will notify you promptly and issue a full refund if payment was collected.
Shipping & Delivery
We ship orders within the United States. Estimated delivery timelines are provided at checkout and in your order confirmation, but these are estimates only and are not guaranteed.
Carrier delays: HearSilk is not responsible for shipping delays caused by the carrier, weather, customs, or other circumstances beyond our control.
Incorrect address: HearSilk is not liable for orders delivered to an incorrect address provided by the customer at checkout. Please verify your shipping address carefully before placing your order.
Lost or damaged shipments: If your order arrives damaged or is confirmed lost by the carrier, please contact us at sales@hearsilk.com within 7 days of the estimated delivery date so we can assist you.
Returns & Warranty
Our return and warranty terms are governed by our separate Warranty Policy and Return Policy, which are incorporated into these Terms by reference. Please review those policies before making a purchase.
In the event of any conflict between these Terms and the Warranty or Return Policy, the specific policy will control for matters relating to returns, replacements, and warranty claims.
Intellectual Property
All content on the HearSilk website — including but not limited to text, images, logos, product descriptions, graphics, and the overall design — is the property of HearSilk or its content suppliers and is protected by applicable intellectual property laws.
You may not reproduce, copy, distribute, publish, or create derivative works from any content on this site without our express written permission.
Third-Party Services
Our Services are built on Shopify's platform. Certain features, tools, and content on our site are provided by third parties. These third-party providers have their own terms and privacy policies, which govern their services independently of HearSilk.
Links to third-party websites are provided for convenience only. We do not endorse or take responsibility for the content, practices, or reliability of any third-party sites.
Any complaints or concerns regarding third-party services should be directed to the relevant third-party provider directly.
Personal Information
Your submission of personal information through the Services is governed by our Privacy Policy, which is incorporated into these Terms by reference.
Information you provide through our Services may be transmitted to and processed by Shopify and other third-party service providers located in countries other than where you reside, as necessary to provide the Services to you. Please review our Privacy Policy for full details.
Feedback & Reviews
If you submit any ideas, suggestions, reviews, or other feedback to us ("Feedback"), you grant HearSilk a perpetual, worldwide, royalty-free license to use, reproduce, modify, and publish that Feedback for any business purpose, including marketing and service improvement.
You represent that you own or have the right to submit any Feedback, that it is accurate, and that it does not violate the rights of any third party. HearSilk has no obligation to compensate you for any Feedback, keep it confidential, or respond to it.
We reserve the right to remove any Feedback that we determine, in our sole discretion, to be unlawful, offensive, defamatory, or otherwise objectionable.
Errors & Omissions
Our site may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, availability, or shipping information. We reserve the right to correct any such errors and to update or cancel orders where information was inaccurate, without prior notice and even after an order has been placed.
We have no obligation to update information on the site and take no responsibility for reliance on outdated content.
Prohibited Uses
You may use our Services only for lawful purposes. You agree not to use the Services:
For any unlawful or malicious purpose, or in violation of any applicable laws or regulations
To infringe upon our intellectual property or the intellectual property rights of others
To harass, threaten, defame, or harm any person or entity
To transmit spam, malware, viruses, or any malicious code
To collect personal information of other users without authorization
To impersonate any person or entity, or misrepresent your affiliation with any person or entity
We reserve the right to suspend or terminate access to our Services at any time, without notice, for any violation of these Terms.
Termination
We may terminate or suspend your access to the Services at any time, in our sole discretion, without notice or liability, including if we believe you have violated these Terms.
Upon termination, all outstanding payment obligations you have incurred remain due. Sections relating to Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law shall survive any termination of these Terms.
Disclaimer of Warranties
The information on our site is provided for general informational purposes only. We make no representations about the completeness or accuracy of content on the site.
EXCEPT AS EXPRESSLY STATED BY HEARSILK, THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT FULLY APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, HEARSILK, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify, defend, and hold harmless HearSilk, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, and service providers from any losses, damages, liabilities, or claims — including reasonable legal fees — arising out of:
Your breach of these Terms of Service or any document incorporated by reference
Your violation of any applicable law or the rights of a third party
Your access to or use of the Services
We will notify you of any indemnifiable claim. We may control the defense of any such claim but will not settle any claim that requires non-monetary obligations from you without your consent.
Governing Law
These Terms of Service and any disputes arising out of or relating to your use of the Services shall be governed by and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of law provisions.
You agree to submit to the exclusive jurisdiction of the state and federal courts located in Franklin County, Ohio, USA for the resolution of any disputes. By using our Services, you waive any objections to such jurisdiction and venue.
General Provisions
Severability: If any provision of these Terms is found to be unlawful or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full effect.
Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
Entire Agreement: These Terms, together with our Privacy Policy, Warranty Policy, and any other policies posted on the site, constitute the entire agreement between you and HearSilk and supersede all prior agreements or communications.
Assignment: You may not assign or transfer any rights under these Terms without our prior written consent. We may transfer or assign our rights under these Terms without restriction.
Changes to These Terms
We reserve the right to update or replace these Terms at any time. When we make material changes, we will update the "Last updated" date at the top of this page and provide notice as required by applicable law.
Your continued use of the Services after any changes constitutes your acceptance of the revised Terms. We encourage you to review this page periodically.
Contact Us
If you have any questions about these Terms of Service, please contact us:
Email: sales@hearsilk.com
Website: hearsilk.com
Response time: Within 2 business days