This internet site is operated through BlkNoir. Throughout the website, the phrases “we”, “us” and “our” consult with BlkNoir. BlkNoir owns this website, inclusive of all facts, gear and services available from this site to you, the consumer, conditioned upon your reputation of all terms, situations, policies and notices said here.
By visiting our website and making a purchase from us, you have interaction with us in our services and comply with us to follow the terms and conditions (“terms of service”), along with additional conditions and policies referenced herein and/or available by way of hyperlink. These terms of provider are liable to be followed by all users of the web page, along with the users who're browsers, companies, customers, traders, and/ or individuals of content material.
Please read those terms of provider carefully before having access to or using our website. By having access to or the usage of any part of the web site, you are liable to agree by these terms of provider. If you do not comply with all the terms and conditions of this agreement, then you may no longer get admission to the website or use any services. If these terms of provider are taken into consideration a proposal, acceptance is expressly limited to these terms of provider.
Any new functions or tools that are brought to the contemporary shop shall also be situation to the terms of service. You could evaluate the maximum modern model of the terms of carrier at any time on this page. We reserve the right to replace, trade or update any a part of those terms of carrier by means of posting updates and/or changes to our website. It's miles your duty to check this web page periodically for changes. Your continued use of or access to the internet site following the posting of any changes constitutes attractiveness of those adjustments. Our store is hosted on shopify inc. They provide us with the online e-commerce platform that permits us to promote our products and services to you.
PHASE 1 - ONLINE STORE TERMS
By agreeing to these terms of provide, you constitute which you are at the least the age of majority to your nation or province of residence, or which you are the age of majority in your state or province of house and you have given us your consent to permit any of your minor dependents to use this website.
You could not use our products for any illegal or unauthorized reason nor may you, in the use of the service, violate any laws for your jurisdiction (consisting of however not restricted to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the terms will result in an immediate termination of your offerings.
PHASE 2 - GENERAL CONDITIONS
We reserve the proper to refuse carrier to all of us for any motive at any time.
You remember the fact that your content (not which include credit card records), can be transferred unencrypted and involve (a) transmissions over diverse networks; and (b) changes to conform and adapt to technical requirements of connecting networks or gadgets. Credit card information is always encrypted all through transfer over networks.
You agree not to reproduce, duplicate, replica, sell, resell or make the most any portion of the provider, use of the provider, or get admission to the provider or any touch on the website via which the provider is furnished, without express written permission via us.
The headings used in this settlement are covered for comfort handiest and could no longer restrict or otherwise affect those terms.
PHASE 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if data made available in this site isn't accurate, complete or cutting-edge. The content in this website online is provided for widespread statistics simplest and ought to now not be relied upon or used as the only foundation for making choices without consulting primary, more correct, extra entire or greater well timed resources of information. Any reliance at the cloth on this website online is at your own risk.
This website may contain sure historical information. Ancient facts, necessarily, isn't always contemporary and is supplied in your reference most effective. We reserve the right to alter the contents of this website online at any time, but we haven't any obligation to replace any data on our webpage. You compromise that it is your duty to reveal adjustments to our website online.
PHASE 4 - MODIFICATIONS TO THE SERVICE AND CHARGES
We reserve the right to change our prices without prior notice.
We reserve the right at any time to alter or stop the carrier (or any component or content material thereof) without observe at any time.
We shall no longer be at risk of you or to any third-party for any amendment, fee change, suspension or discontinuance of the provider.
PHASE 5 - PRODUCTS OR SERVICES (IF APPLICABLE)
Certain services or products may be available solely on the website. Those products or services may additionally have restricted quantities and are situation to return or exchange simplest in step with our return policy.
We've got made a lot of effort to show as correctly as possible the colors and pix of our merchandise that appear at the store. We cannot assure that your computer monitor's show of any coloration might be accurate.
We reserve the right, but aren't obligated, to restrict the income of our services or products to any individual, geographic location or jurisdiction. We may also workout this proper on a case-via-case foundation. We reserve the proper to restriction the quantities of any products or services that we provide. All descriptions of merchandise or product pricing are concern to alternate at whenever without word, at the sole discretion folks. We reserve the right to discontinue any product at any time. Any provide for any product or service made on this web site is void where prohibited.
We do not guarantee that the product, services, data, or other item bought or received by buyer meet their expectations, or that any errors within the service will be corrected.
PHASE 6 - ACCURACY OF BILLING AND ACCOUNT RECORDS
We reserve the proper to refuse any order you region with us. We may additionally, in our sole discretion, restriction or cancel quantities purchased in keeping with man or woman, consistent with household or per order. These restrictions may also include orders located by or below the same patron account, the same credit card, and/or orders that use the equal billing and/or delivery address. In the event that we make a change to or cancel an order, we may additionally attempt to notify you by way of contacting the email and/or billing address/telephone range furnished at the time the order became made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear like placed by means of dealers, resellers or vendors.
You agree to provide complete and correct purchase and account information for all purchases made at our website. You agree to directly replace your account and different records, consisting of your e-mail address and credit card numbers and expiration dates, so that we can complete your transactions and make contact with you as wanted.
If any detail is missing, please evaluate our returns policy.
PHASE 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
PHASE 8 - THIRD-PARTY LINKS
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.
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.
PHASE 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PHASE 10 - PERSONAL INFORMATION
PHASE 11 - ERRORS, INACCURACIES AND OMISSIONS
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).
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.
PHASE 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
PHASE 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall BlkNoir, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
PHASE 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless BlkNoir and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
PHASE 15 - SEVERABILITY
In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
PHASE 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
PHASE 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
PHASE 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 355 East Ohio, Chicago, IL, 60611, United States.
PHASE 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service 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 Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
PHASE 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.
PHASE 21 - LIABILITY
By purchasing from BlkNoir, you as the buyer are liable for any damages caused by Pods 2 (all colours), Pods Pro (all colours) and Wireless Charger. In the event that there is a malfunction with the headset, the seller is not responsible after the box has been opened.