Last updated on March 20, 2019.
These Terms will apply to any contract between us for the sale of Merchandises to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any merchandise. Please note that before placing an order you will be asked to agree to these Terms of Sale.
We encourage you to download and store these Terms of Sale if you purchase merchandises from us. These Terms of Sale, and any Contract between us, are only in the English language.
2. Revisions to these Terms of Sale
We may revise these Terms of Sale from time to time in the following circumstances: (a) changes in how I am in Silence contracts with you; or (b) changes in how we accept payment from you; or (c) changes in relevant laws and regulatory requirements.
Every time you order Merchandises from us, the Terms of Sale in force at that time will apply to the Contract between you and us.
Whenever we revise these Terms in accordance with this clause, we will keep you informed and give you notice of this by stating that these Terms of Sale have been amended and the relevant date at the top of this page.
3. Merchandises Information
All Merchandises shown on the Website are subject to availability. We will inform you by e-mail as soon as possible if the Merchandise you have ordered is not available and we will not process your order if made.
I am in Silence Merchandises displayed on the Website are generally available in most cases while supplies last. In some cases, merchandise displayed on the Website may not be available and I am in Silence makes no representations or warranties of the merchandises or services displayed on the Website will be available at any time.
3.2. Colours and Packaging
The images of the Merchandises on the Website are for illustrative purposes only. We have made every effort to display as accurately as possible the colours of our Merchandises that appear on the Website. However, as the actual colours you see will depend on your personal device’s display functionality, we cannot guarantee that your personal device’s display of any colour will be accurate. Your Merchandises may vary slightly from those images.
The packaging of the Merchandises may vary from that shown on images on our site.
4. Use of the Website
5. How we use your Personal Information
6. Age Restriction on Purchase
You must be 18 years of age, or the age of majority in your province, territory or country, to contract with I am in Silence. Individuals under the age of 18, or the applicable age of majority, may utilize the Merchandises only with the involvement and consent of a parent or legal guardian, under such person’s account and otherwise subject to these Terms.
7. Purchase of Merchandises
You can submit an order for Merchandises by completing the details required on the order summary page and clicking the complete order button. All prices on www.iaminsilence.com are reflected in Canadian Dollar (CAD) and exclude GST and/or import duty where applicable.
Goods supplied are not for resale.
I am in Silence is under no obligation to accept your order, but would normally do so where the merchandise is available, the order reflects current pricing and your credit card/debit card payment is approved by your credit card/debit card company.
The display of any merchandise on our Website is in no way an offer by us to sell to you. It is your response that is the offer. Accordingly, we are not liable to sell you any merchandise that might be quoted at a price lower than that meant by us.
7.2. Acceptance of Your Order
The technical steps required to create the Contract between you and us are as follows:
Place Order: You place the order for your merchandises on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website;
Order Acknowledgment: We will send you an order acknowledgement email detailing the merchandises you have ordered. This is not an order confirmation or order acceptance from I am in Silence;
Shipping Confirmation: As your Merchandise is shipped from our warehouse, we will send you a shipping confirmation email;
Order Acceptance: Order acceptance and the completion of the Contract between you and us will take place on the dispatch to you of the Merchandise(s) ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with these Terms of Sale. The Shipping Confirmation email shall also serve as your order acceptance. Risk of loss and title for the merchandise purchased from the Website passes to you upon delivery of the merchandises to the carrier.
If we do not accept your order for any reason or the price of the merchandise has increased between the time of the order and our acceptance of it (or if a supplementary delivery charge applies), we will email you to advise you of the change. You will then need to resubmit your order. Only credit and debit cards are acceptable as payment for orders via this Website.
7.3. How to Pay
You can only pay for Merchandises using one of the debit or credit cards listed below. We accept the following cards: Visa, MasterCard, American Express, Union Pay, Discover, Visa Debit and MasterCard Debit for payment.
Payment for the Merchandises and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order. We take every reasonable care to ensure that your order and subsequent transactions are conducted via a secure link. As we are not responsible for the operation of the secure link we will not, unless we are negligent, be liable for any loss you may suffer if a third party obtains unauthorized access to any information you provide via such link. If merchandises are not available for any reason after we have received your order, we will let you know. We will not charge you for these merchandises and will refund any amounts already paid (if any) by way of a credit to your credit card/ debit card account (as applicable).
8. Security Checks
9. Your Right to Cancel
If you are contracting as a consumer, you may cancel your order at any time within fourteen (14) days, beginning on the day after you received your order. In this case, you will receive a full refund of the price paid for the merchandise(s) in accordance with our returns and refunds policy.
Your legal right to cancel the Contract starts from the date of the Shipping Confirmation, which is when the Contract between us is formed. If the Merchandises have already been delivered to you, you have a period of 14 (fourteen) days in which you may cancel, starting from the day after the day you receive the Merchandises. However, we may have delivered (or dispatched) the Merchandises you have ordered. In this circumstance, if you are returning the Merchandise(s) to us for any reason other than the merchandises being faulty, you are responsible for returning the merchandises to us and pay the cost of doing so.
To avoid this, we recommend that you advise us as soon as possible if you wish to exercise this right to cancel your order. If you wish to cancel your order, please contact us at firstname.lastname@example.org
You may wish to keep a copy of your cancellation notification for your own records.
10. Our Return and Refund Policy
We operate a Return and Refund Policy and any merchandises returned must be compliant with the policies outlined in our Return and Refund Policy. We highly recommend that you read this policy as this gives you extra benefits.
We make every effort to dispatch your order within 1-2 business days after the order accepted by us. Where this is not possible, we will seek to notify you.
Once your ordered is shipped you will be notified via email with the Shipping Confirmation which will also contain your order tracking details. Your order will be fulfilled by the estimated delivery date set out in the Shipping Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
Depending on your opted shipping preference at the checkout your shipment delivery time will vary. Depending on your delivery address location for details on shipping time guidelines, please visit Canada Post or DHL Express.
Delivery will be completed when we deliver the Merchandises to the address you provided us.
The Merchandises will be your responsibility from the completion of delivery. You own the Merchandises once we have received payment in full, including all applicable delivery charges.
12. Price of Merchandises and Delivery Charges
The prices of the Merchandises will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Merchandises are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Merchandise(s) you ordered, we will inform you of this error and we will give you the option of continuing to purchase the Merchandise at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Merchandises to you at the incorrect (lower) price.
Prices for our Merchandises may change from time to time, but changes will not affect any order which we have confirmed with a Shipping Confirmation.
The price of a Merchandise includes GST (where applicable).
The price of a Merchandise DOES NOT INCLUDE DELIVERY CHARGES. Our delivery options and associated charges are as displayed quoted on our site from time to time.
13. Our Liability
To the maximum extent permitted by the applicable law, when you order goods from the Website, to the extent permitted by applicable law, our aggregate liability to you for any loss or damage arising in connection with these Terms of Sale shall be limited in respect of each claim, to the purchase price of your order.
If we fail to comply with these Terms of Sale, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Sale or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
We only supply the Merchandises for domestic and private use. You agree not to use the merchandise for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Nothing in these Terms of Sale shall exclude or limit our liability for personal injury or death caused by our negligence. In addition, these Terms of Sale shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law. We will also not be responsible for any loss or damage caused to you where you are not entering into these terms as a consumer.
14. Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any contract that is caused by events outside our reasonable control (“Event Outside Our Control”).
An Event Outside Our Control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (e) impossibility of the use of public or private telecommunications networks; (f) the acts, decrees, legislation, regulations or restrictions of any government; and (g) pandemic or epidemic.
Our performance under any contract is deemed to be suspended for the period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Event Outside Our Control to a close or to find a solution by which our obligations under the Contract may be performed despite the Event Outside Our Control.
15. Third Party Rights
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
If any provision of these Terms of Sale is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Sale will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only.
The official language of these Terms of Sale exclusively shall be, and all communications and agreements between I am in Silence and you and any proceedings in connection with these Terms of Sale and/or your use of the Website, exclusively shall be made in, the English language.
I am in Silence and you waive any rights we may have under any other law to have these Terms of Sale written in another language, and any translation of this Terms of Sale will be for convenience only.
19. Entire Agreement
20.Governing Law and Jurisdiction
These Terms of Sale shall be governed by, construed and enforced in accordance with the law of Province of Alberta, without giving effect to any conflict of law provisions. The Alberta courts will have non-exclusive jurisdiction over any claim or any dispute arising from, or related to, a visit to the Website, although I am in Silence retain the right to bring proceedings against you for breach of these Terms of Sale in your country of residence or any other relevant country.
21. Questions or Concerns
If you have any questions or concerns please contact us by email at: email@example.com