Disclaimers / Terms & Conditions

Sales Tax (Canada)

If you are located in Canada sales tax will be calculated and charged at checkout, fee amount is dependent on the province you are located in.

Import Fees

We cannot guarantee that you will or will not be charged any customs taxes or duties. Import fees vary depending on your location, and will be charged once your package reaches its destination country. Any charges are paid for by the recipient of the package. This only applies to International orders outside of Canada and the United States.

VAT

EU citizens are subject to EU VAT laws and may be presented a VAT fee upon entering the country.

Terms & Conditions

SECTION 1 - ONLINE STORE TERMS

(1) The following terms and conditions of the website of this.is.NOISE inc, powered by this.is.NOISE inc apply in the version which is valid on the day an order is placed for the sale and delivery of goods from the website of this.is.NOISE inc. Any divergent agreements must be made in writing. When they place their order customers agree to be bound by these terms and conditions. 

(2) If individual provisions of these terms and conditions are wholly or partly invalid because of the applicable statutory regulations, this will not affect the remaining provisions of these terms and conditions.

SECTION 2 - Contract

(1) By clicking on the 'Buy Now' button the customer submits a binding offer to buy the goods in the shopping basket and accepts the terms and conditions.

(2) The contract comes into force when the order is accepted by this.is.NOISE inc, either in the form of an order confirmation by post, phone, or e-mail or at the latest with the delivery of the goods. The customer must fill in the fields of the order form and provide the relevant information accurately and in full.

(3) this.is.NOISE inc reserves the right to change the content of what it offers at any time. All this.is.NOISE inc offers are subject to confirmation and are to be understood as an invitation to the customer to make an offer.

SECTION 3 - Refunds/Manufacturers Warranty

(1) Our products are made with pride and care by our small team here at this.is.NOISE inc; however, if you aren't fully satisfied with your order for whatever reason we do offer a 30 day return policy. The 30 day window begins on day of delivery, with the return shipping and customs paid at the buyers expense. To ensure you get a full refund on your unit, everything must be included in the package when shipped (device, charging cord, charging block). After receiving and inspecting your return we will issue a refund via your purchasing method. 

(2) Further, we do offer a 1-Year Limited Manufacturers Warranty on all units subject to fault due to the manufacturing process. 

Warranty coverage does not include:

  • Accidental user damage
  • Damage due to a fall
  • Misuse of device
  • Damage due to use of non-provided power adapter
  • Normal wear & tear

If your unit fits within this warranty please reach out to us at info[at]thisisnoiseinc[dot]com and we will repair or replace your unit based on the situation at hand. 

SECTION 4 - Prices

(1) The prices indicated in our website are quoted in USD and are net prices, excluding any fees and shipping costs. The prices remain valid until further notice, but may change at any point in time.

(2) If export or import charges are incurred in the course of shipping, such charges will also be at the expense of the customer. The prices of the goods and services offered do not contain costs which are charged by third parties.

(3) Prices for our products are subject to change without notice.

SECTION 5 - Delivery

(1) Delivery shall be made by post. Normally the goods shall be handed to the postal service within 2-5 working days from the date of order.

(2) If this.is.NOISE inc is unable to accept an order, for example, if the goods aren't available, the customer will be informed without delay.

(3) Delivery will be made to the address indicated by the customer. In the case of incorrect, incomplete or unclear information provided by the customer, the customer will be responsible for any resulting costs.

SECTION 6 - Payment

(1) All payment policies are subject to their own terms and conditions set out by the payment process used (i.e. PayPal, Visa, etc...).

SECTION 7 - Defects

(1) If the parcel shows external damage when it is delivered, for purposes of a possible refund the customer should, together with the person making the delivery (postman/delivery personnel), describe the defects in writing and make a check on the goods. Without a record of the damage confirmed by the carrier this.is.NOISE inc will not be able to make a free replacement delivery or refund the value of the goods. 

(2) Defects must be reported in writing or by email without delay and at the latest seven days after receipt of the goods.

(3) In the event of a justified defect this.is.NOISE inc will, at its own discretion, have the right to either remedy the defect or make a replacement delivery. If the attempt to remedy the defect is unsuccessful, or if this.is.NOISE inc is not in a position to make a replacement delivery, the customer will have the right to demand a reduction in price or the nullification of the order.  

(4) this.is.NOISE inc expressly points out that its goods are produced individually and assembled by hand. As a result, there may be deviations in size, shape, colour, design, or features of the material. These are an indication that the goods are unique in character and do not provide grounds for complaint. 

SECTION 8 - Ownership

(1) The goods remain the property of this.is.NOISE inc until the purchase price has been paid in full. 

SECTION 9 - Data Protection

(1) Customers provide their consent to the saving and processing of their data which appears in the contract for purposes of bookkeeping and customer documentation. The data will be used to meet statutory regulations and to implement the payment transaction. Customer data will not be passed on to third parties unless this is absolutely necessary for the implementation of the contract. 

(2) Customers provide their consent to being informed by email about this.is.NOISE inc products and services. This consent can be withdrawn by the customer at any time.

SECTION 10 - Transferral of Ownership

this.is.NOISE inc rewards, pledged for, during Kickstarter, or any other Crowdfunding campaigns are considered one-off unique creations and are subject, if at all, to a limited support warranty strictly tied to the original purchase and original purchaser. Any after-market transferral of ownership between third parties, therefore, renders any warranty obsolete.

SECTION 11 - Timeliness/Accuracy

(1) We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.


(2) This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 12 - Products/Services

(1) Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.


(2) We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.


(3) We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

(4) We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.


(5) We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 13 - Third Party Links

(1) Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.


(2) We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 14 - Errors

(1) Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

(2) We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 15 - Severability


(1) In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - Governing Law


(1) These Terms & Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.

SECTION 17 - Changes to Terms & Conditions

(1) You can review the most current version of the Terms & Conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Conditions following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.

Technical Liabilities

For EU/UK customers: 

this.is.NOISE inc provides the enclosed product under the following conditions:

The NMSVE evaluation board/kit is intended for use for ENGINEERING DEVELOPMENT, DEMONSTRATION, OR EVALUATION PURPOSES ONLY and is not considered by this.is.NOISE inc to be a finished end-product fit for general consumer use. Persons handling the product(s) must observe good engineering/operational practice standards. As such, the goods being provided are not intended to be complete in terms of required design, marketing, and/or manufacturing-related protective considerations. This evaluation board/kit has not been tested to fall within the scope of the European Union directives regarding electromagnetic compatibility, and CE, and therefore may not meet the technical requirements of these directives or other related directives.

Contact

If you have any concerns with our Disclaimers and/or Terms & Conditions please email us at: info[at]thisisnoiseinc[dot]com

 

Last Updated: January, 2022