Terms of Sale

Thalmic Labs Inc.

This is a legal agreement between you (meaning you as an individual if you are acting on your own behalf, or the company that you represent if you are acting on behalf of such company) and Thalmic Labs Inc. (“Thalmic”). By placing an order or making a purchase of a product ("Thalmic Product") from the Thalmic website (the "Site"), you agree to these terms of sale ("Terms") set out below, along with Thalmic’s Privacy Policy and Website Terms of Use. These Terms may be updated by Thalmic from time to time, and it is your responsibility to review these Terms each time you make a purchase from the Site.

BY CLICKING ON THE BUTTON TO SUBMIT AN ORDER, YOU ARE CONSENTING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, DO NOT CLICK THE BUTTON TO SUBMIT AN ORDER.

  1. ORDERING

    1. These Terms shall apply to all orders for Thalmic Product placed by you through the Site, or as otherwise referenced in a written agreement between you and Thalmic. You acknowledge that the information contained on the Site may contain technical inaccuracies or typographical errors. The Site, all content available on the Site, and all related communications are provided on an "AS IS" basis. We make no representations or warranties as to the completeness, accuracy, adequacy or reliability of any information contained on the Site.
    2. To place an order, you must:
      • provide up-to-date, complete and accurate registration information as requested by us on the Site, which may include your first and last name, institution name, mailing address, phone number and email address;
      • provide up-to-date, complete and accurate credit card information for a credit card that is valid and legally registered to you; and
      • be at all times in compliance with the terms and conditions of these Terms and applicable law, including the requirement to be 18 years of age or older.
    3. You specifically agree that Thalmic may rely on the accuracy of the information provided by you to Thalmic, and that Thalmic will have no liability whatsoever, whether to you or to any third party, for any claims or damages resulting from inaccurate information provided to Thalmic.
    4. All Thalmic Products available through the Site are intended for end-user customers only. You may not purchase Thalmic Products for resale, and we reserve the right to refuse or cancel your order, or to deny you any return rights, if we suspect you are doing so.
    5. Except as expressly set forth in these Terms, you shall not be entitled to change or cancel any order that has previously been accepted by Thalmic without the prior written agreement of Thalmic.
  2. DELIVERY AND SHIPPING

    1. All orders are subject to acceptance by Thalmic, and any rejection of an order shall be made in Thalmic’s sole discretion, regardless of whether the order was confirmed through the Site. If you have been charged for an order that is subsequently rejected by Thalmic, Thalmic will refund the amount of that order to your credit card.
    2. Thalmic will make reasonable efforts to accommodate your delivery requirements; however, delivery is subject to availability of resources at the time of order placement. Thalmic shall therefore not be liable in any way for any delay or damage arising from Thalmic’s failure to meet your delivery requirements or any delivery dates.
    3. All shipments shall be made FCA Thalmic’s facilities (Incoterms 2000). Risk of loss for products shall pass to you upon delivery to the carrier, and you are responsible for pursuing the carrier for any loss occurring in transit.
    4. You are responsible for examining all shipments promptly upon receipt. If you discover any shortages or incorrect products in the shipment, you must notify Thalmic immediately.
  3. PRICING AND PAYMENT

    1. All prices are in US dollars unless otherwise expressly stated in writing. Where you are making payment in a currency other than US dollars, the currency exchange rate that applies is the one in effect at the time your payment is processed, not the one that was in effect on the date that you placed your order. Thalmic reserves the right to change its standard prices without notice.
    2. Prices are exclusive of, and you will pay: (a) all applicable federal, state, provincial and local taxes (including all applicable sales, use, consumption, goods and service, value added, and withholding taxes), unless you have provided Thalmic with an appropriate tax exemption certificate or number, and (b) all fees and charges related to customs, duties and brokerage. Thalmic may charge sales tax for sales of Thalmic Products through the Site. Any sales tax charged will be indicated during the checkout process.
    3. As you are the importer of record in the destination country, you are responsible for all taxes, fees and charges in relation to importation, customs, duties and brokerage (collectively, “Import Fees”). You are also solely responsible for ensuring that the Thalmic Products can be lawfully imported, and for complying with all laws and regulations of the destination country related to importation, shipping and use of the Thalmic Products. Thalmic may, at its sole discretion, provide an estimate of some or all of the Import Fees that will be levied on the items in your order for shipment (“Import Fee Estimate”) during the purchase process. By placing your order, you agree to allow us to collect the Import Fees Estimate for the applicable items in your order. With respect to each item to which an Import Fee Estimate applies, you authorize us to designate a carrier to act as your agent with the relevant customs and tax authorities in the destination country, to clear your merchandise, and, if applicable, process and remit your actual Import Fees for such item (the "Designated Carrier"). This Import Fees Estimate amount remitted by you will be used, on your behalf, to reimburse the Designated Carriers for the Import Fees that they have paid on your behalf to the appropriate authorities of the destination country. The Import Fees Estimate may or may not include customs duties. If they do not include customs duties, you will be responsible for making arrangements with the customs authorities for payment of duties. The Import Fees Estimate may be more or less than the final actual amount of Import Fees due and payable. We have no control over the Import Fees and cannot always predict with 100% accuracy what the final actual amounts may be. For greater certainty, you should contact your local customs office for further information on the Import Fees that may be applicable to your purchase. You agree and acknowledge that (a) the actual Import Fees may be more or less than the Import Fees Estimate and (b) you will NOT receive any refund in the case that the actual Import Fees are less than the Import Fees Estimate; however, if additional Import Fees are owing, you are solely responsible for remitting such Import Fees to the appropriate authorities.
    4. Where your credit card is rejected for any reason, you will be responsible for any fees and charges associated with such rejection, as well as interest on the amount owing. Interest will be the lesser of 1.5% per month or the maximum rate permitted by law, commencing on the date that your credit card was rejected. Thalmic may, in its sole discretion, delay shipment of, or cancel, your Thalmic Product order where your credit card is rejected.
  4. RETURNS

    1. A Thalmic Product purchased through the Site may be returned to Thalmic for a refund of Thalmic Product and applicable taxes, excluding shipping costs, within thirty (30) days of delivery. In order to be eligible for refund, returned Thalmic Products must not be damaged by misuse, abuse, or disassembly. Shipping of all returns is your responsibility and at your sole expense. Please consult Thalmic for details about its return procedures. You acknowledge that this 30 day return policy is considered in satisfaction of applicable statutory "withdrawal rights" or "cooling off periods", and you waive all such statutory rights.
  5. General Product Terms

    1. These Terms cover order(s) for Thalmic Product(s) made using the Site. Your use of a Thalmic Product is subject to the General Product Terms available at https://www.thalmic.com/general_product_terms. By using a Thalmic Product (ordered through the Site or otherwise), you agree to the General Product Terms.
  6. Miscellaneous

    1. These Terms constitute the entire agreement between the parties and supersede all previous agreements relating to the purchase of Thalmic Products from this Site. These Terms may not be altered, amended, or modified except by a written instrument signed by the duly authorized representatives of both parties. If any one or more of the provisions of these Terms is for any reason held to be invalid, illegal, or unenforceable in any respect, any such provision shall be severable from these Terms. No waiver by either party of a breach or omission by the other party under these Terms shall be binding on the waiving party unless it is expressly made in writing and signed by the waiving party. These Terms, and all Thalmic Product requirements, shall be governed by, and construed in accordance with, the laws of the Province of Ontario. It is the express will of the parties that these Terms and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
  7. Contact

    1. If you have any questions or inquiries regarding these Terms or any order or purchase, please contact the Thalmic Labs support team through the contact details at https://www.thalmic.com/contact. Please note that e-mail communications will not necessarily be secure, so please do not include credit card information or other sensitive information in your e-mail correspondence with us.
    2. For contractual purposes, you consent to receive communications electronically from us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights related to electronic communications. By agreeing to the terms of this Agreement, you are expressly providing your consent for Thalmic Labs to send you Thalmic Labs publications, event invitations, news, product offerings, announcements and other communications about our products and services via e-mail. You may unsubscribe from such marketing communications at any time by contacting Thalmic Labs as set forth above.