Terms and Conditions

General Terms and Conditions of Sale and Use of VisiblAir Products (and co2.click) (March 2025)

For a concise customer-facing summary, see Shipping, Returns and Refunds.

Unless superseded by an executed agreement, these general terms and conditions of sale and use (the "conditions") govern the sale and use of all VisiblAir and co2.click products and accessories (the "products") sold on the VisiblAir website or through an authorized reseller. These conditions also govern the license of all software products related to or incorporated into VisiblAir products (or co2.click) (the "software"). If you have questions regarding the application of these conditions, please contact VisiblAir at info@visiblair.com.

No other general conditions and/or agreement issued by VisiblAir or any authorized reseller relating to any other product than VisiblAir is in effect for VisiblAir products (or co2.click) or its accessories.

ORDER

The product must be purchased on the official VisiblAir website or through an authorized reseller.

PAYMENTS

Payment for the product must be made by credit card or PayPal. No other payment methods are applicable.

Credit card payments are not accepted in some countries. Check with your credit card issuer or VisiblAir if you encounter any issues.

Failure to pay for the product, at VisiblAir's sole discretion, may constitute grounds for suspension or cancellation of the relevant order.

Customers are responsible for payment of all costs associated with shipping the product from VisiblAir's facilities in Canada to the customer's chosen site, including all carrier costs and any relevant export or customs taxes. If VisiblAir pays any of these costs, it will bill the customer for them.

VisiblAir is not responsible for the customer's local taxes, customs fees, duties, or levies of any kind.

DELIVERY

In some cases, goods may not be available in all countries.

VisiblAir ships its products worldwide. However, according to legislation, there may be restrictions for certain territories and countries. Additionally, there may be technical difficulties in delivering to a specific location.

Please contact us at info@visiblair.com with any questions.

All products will be delivered directly to the delivery address, using the carrier method selected by the customer during payment. VisiblAir reserves the right to modify the selected method for cost or efficiency reasons.

Shipping and handling costs are automatically added to the customer's invoice during the payment process, based on the weight and size of the order, the country to which the goods are shipped, and the selected delivery method.

The customer is solely responsible for ensuring that the products comply with local laws and regulations (including frequency ranges) when purchasing the products.

Customers are responsible for possible customs duties and import taxes.

After shipment of the order, VisiblAir will send a delivery notification with a tracking link to the customer's email address.

CANCELLATIONS

VisiblAir has the right to cancel any order submitted in accordance with these conditions for any reason by sending written notice to the applicable customer. In case of cancellation by VisiblAir, VisiblAir's sole liability will be the refund of the customer's payment no later than 30 days after transmission of its cancellation notice. After a successful transaction, all cancellations requested by the customer are subject to cancellation fees equal to 20% of the order value or, in case of partial cancellation, 20% of the purchase price of all canceled products.

By submitting an order, each customer acknowledges that the cancellation fees described above are reasonably based on the damages VisiblAir will incur in case of cancellation, which may otherwise be difficult to determine, and further agrees that these fees represent fair compensation under the circumstances and do not constitute a penalty.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights relating to the products, including, but not limited to, patents, trade secrets, know-how, copyrights, trademarks, service marks and mask rights, registered or not, owned or used by VisiblAir, and any goodwill attendant thereto, shall at all times be the exclusive property of VisiblAir. None of the aforementioned intellectual property rights may be exploited by VisiblAir's customers except as provided in these conditions, nor shall they be transferred to VisiblAir's customers except as expressly provided in these conditions. Each customer shall take reasonable measures to protect VisiblAir's intellectual property rights.

CONFIDENTIALITY

All confidential and proprietary information transmitted by VisiblAir to its customers, whether orally or in writing, shall be kept confidential and not disclosed to VisiblAir's competitors or any third party ("Confidential Information"). VisiblAir's Confidential Information shall be treated by each customer with the same care as that with which the customer would treat its own Confidential Information, but no less than reasonable care under the circumstances. VisiblAir's Confidential Information shall not be disclosed to a third party without VisiblAir's prior written consent, except where disclosure is necessary to enforce these conditions or comply with a valid legal demand, such as a subpoena, but then only to the extent necessary to comply with these conditions or the law. In no event shall VisiblAir's Confidential Information be disclosed to its competitors.

PRIVACY POLICY

The VisiblAir Privacy Policy explains the personal information handled by this storefront, purposes, service providers, possible processing outside Québec, retention, safeguards, privacy choices, and individual rights. Necessary order information is processed to provide the requested transaction. Newsletter, review-publication, analytics, and chat choices are requested separately where applicable; continued browsing is not consent to optional processing.

COOKIES

The site stores a necessary first-party privacy preference and loads the necessary cart only when requested. Google Analytics and Tawk.to remain disabled unless their optional categories are accepted. Use the persistent “Privacy choices” control to reject, accept, change, or withdraw those choices.

CHANGES

VisiblAir reserves the right to change these Terms and Conditions at any time. We therefore ask you to check the Terms and Conditions at regular intervals.

EXPORT CONTROLS & COMPLIANCE

VisiblAir and its customers are each responsible for identifying and complying with all applicable laws and regulations regarding export and import controls associated with the sale and use of VisiblAir products. Each customer submitting an order represents and warrants that it will not export or re-export the products, software or any technical documents relating thereto to any restricted destination or person under applicable law, if applicable, without first obtaining the necessary authorization from the appropriate government entity or agency.

INDEMNIFICATION

To the fullest extent permitted by law, each customer submitting an order indemnifies VisiblAir against all claims and related damages and expenses (including attorney's fees) arising from the customer's breach of these conditions or use of the products.

LIMITATION OF LIABILITY

In no event shall VisiblAir, its owners, distributors or partners be liable for any indirect, incidental, special or consequential damages arising from or relating to the sale or use of its products, whether VisiblAir, its owners, distributors or partners had prior knowledge of the possibility of such damages. VisiblAir, its owners, distributors or partners' exclusive maximum liability for any legal claim associated with a sale concluded in accordance with these conditions or the warranty, whether such claim is based on contract, tort, law or equity, shall not exceed the price of the products sold to a given customer. By submitting its purchase order, each customer expressly waives all claims and damages excluded by the above limitations, including, but not limited to, all claims related to personal injury (including any claim based on product liability or strict liability), loss of revenue and profits, loss of technology, loss of service rights, unfair competition and business losses of any kind.

WARRANTY

VisiblAir warrants that its manufactured products are free from material or manufacturing defects and will operate in accordance with their official written specifications for at least one year, provided they are used and stored in accordance with industry standards and any unique handling instructions provided by VisiblAir. Although VisiblAir warrants that all its products will operate in accordance with their official written specifications, VisiblAir does not warrant that all products will operate uninterruptedly or error-free. In addition, verbal or informal specifications will not be covered by the Warranty. For a product specification to be enforceable, it must be stated in VisiblAir's official literature. No product shall be deemed defective or otherwise in breach of the Warranty simply because it must be adapted or does not comply with the laws and regulations (including frequency ranges) of the country of origin or the customer's jurisdiction.

WARRANTY TERM

VisiblAir products are covered by a 12-month warranty after shipment to the customer. No verbal extension or modification of the warranty shall be enforceable.

BATTERIES

Products may contain lithium batteries. To extend the life of integrated lithium batteries, it is recommended to store products with the integrated Li-ion battery charged to 50%. The warranty period for the integrated battery is 9 months. No warranty applies to replaceable batteries. The performance of the integrated battery is acceptable as long as it keeps the respective unit running for more than 60% of the specified operating time in ambient temperature (20°C / 68°F). Replacement of the integrated battery must be performed by authorized VisiblAir personnel.

WARRANTY LIMITATIONS

The warranty may be voided at VisiblAir's discretion in any circumstance where a product manufactured by VisiblAir has been damaged by customer conduct or an act of God, including, but not limited to: a.) damage caused by the customer's improper use of the product; b.) mechanical damage caused by physical impact; c.) accumulation of moisture or water in the product's housing; d.) damage caused by wind, hail, rain, animals, insects or other environmental events; and e.) electromagnetic damage caused by power surge, power surge or lightning strike. Finally, for the warranty to be effective, all repairs and modifications to a product, including its software, must be performed by VisiblAir and the warranty may be voided at VisiblAir's discretion in any circumstance where a customer or its agent opens the product's housing or otherwise attempts to modify or repair a product, including its software, without VisiblAir's permission. There are currently no authorized third parties to repair VisiblAir or co2.click products.

PRODUCT REPAIRS & LIMITATION OF LIABILITY

In the event of non-compliance of a product manufactured by VisiblAir with the warranty, VisiblAir will repair or replace the defective product in accordance with the return and repair policy below. These options constitute the customer's sole remedy.

In no event shall VisiblAir be liable for any indirect, incidental, special or consequential damages arising from or relating to the sale or use of its products, whether VisiblAir had prior knowledge of the possibility of such damages. VisiblAir's exclusive maximum liability for any legal claim associated with a sale concluded in accordance with these conditions or the warranty, whether such claim is based on contract, tort, law or equity, shall not exceed the price of the products sold to a given customer. By submitting its purchase order, each customer expressly waives all claims and damages excluded by the above limitations, including, but not limited to, all claims related to personal injury (including any claim based on product liability or strict liability), loss of revenue and profits, loss of technology, loss of service rights, unfair competition and business losses of any kind.

ACCEPTANCE, RETURNS & REPAIRS

If the customer has not received the goods, they may contact VisiblAir to help resolve the issue. Claims for undelivered goods must be raised within 30 days of the payment date. No assistance will be available after the expiration of the 30-day period. Before raising a claim with VisiblAir, the customer must ensure that a package has not been received by any other person at the customer's premises. In addition, the customer is encouraged to ensure that a package has not been left with any neighbors, etc.

VisiblAir reserves the right to conduct an investigation for a period of 30 days. In the event that VisiblAir has decided to compensate the customer for losses, either a new product may be sent to the customer, or the price of the ordered product may be refunded to the customer.

If the customer is not satisfied with a received product, they may proceed as described below.

The customer may request restocking and refund within 30 days of the payment date. No restocking and refund will be available after the expiration of the 30-day period.

No more than one product may be restocked.

If restocking is accepted by VisiblAir, products must be returned unused, in as-new condition, without any defects, without dirt and scratches, containing all original labels, complete as received, in the original packaging as received. Return shipping to VisiblAir is at the customer's expense and must be returned using a traceable parcel. Any duties, customs or additional fees incurred by VisiblAir upon receipt of the item will be deducted from the refund.

No percentage restocking fee applies. After an authorized return is received and inspected, an approved refund will be issued to the original payment method within 5 business days. The customer's bank or payment provider may require additional time to post the credit.

If the customer has not complied with all the restocking rules mentioned above, VisiblAir reserves the right to refuse the refund or reduce the amount of money returned.

If the customer has not requested restocking, refund or raised a claim within 30 days of the invoice date, the product is considered accepted by the customer.

SHIPPING TO VisiblAir

If failure is discovered in a product manufactured by VisiblAir, it will receive a Return Material Authorization number ("RMA") and VisiblAir will provide the shipping address.

All returns must be shipped to VisiblAir at the customer's expense, and will not be considered delivered until their arrival at VisiblAir's facilities. VisiblAir assumes no responsibility and shall not be liable for products damaged during transit to VisiblAir's facilities. VisiblAir strongly recommends that the customer purchase appropriate insurance from the carrier they use to return products to VisiblAir and use a traceable parcel service.

INSPECTION & REPAIR

Non-functional products will be evaluated and processed as follows:

DOA. Any product found non-functional within 15 days of shipment to the customer, for any reason other than customer misuse or handling, shall be considered "Dead on Arrival" or "DOA" and replaced free of charge.

Warranty Repair. All products submitted under warranty will be repaired or replaced free of charge within 30 business days of their arrival at VisiblAir's facilities, depending on the circumstances.

Out-of-Warranty Repairs. There are types of VisiblAir products that are applicable for repair, as well as products that are not repairable. VisiblAir will describe the options in response to the respective RMA request. If applicable, VisiblAir will repair a product for a period of 2 years after delivery to the customer. All products repaired outside of warranty will be repaired at the customer's exclusive expense. A repair quote will be provided to the customer by email before the product is received by VisiblAir or within a reasonable time after the product's arrival at VisiblAir's facilities. All repair and shipping costs must be paid by the customer in advance. VisiblAir will repair and ship the non-functional product within 30 business days of receipt of full payment for repairs.

WARRANTY AFTER REPAIR

All repaired products will be subject to warranty for a period of six months after their repair.

RETURN COSTS

If a given product is covered by the warranty, VisiblAir will pay the shipping costs associated with its return to the customer. If a product is out of warranty, the customer will pay all costs associated with its transmission to and from VisiblAir. An estimated return cost will be included in any repair invoice sent to the customer and must be paid before VisiblAir returns a repaired product.

SHIPPING & ABANDONMENT

Any non-functional product remaining in VisiblAir's possession for 60 days after a customer has received a repair invoice because the customer failed to pay the invoice in question shall be considered abandoned. The customer's rights in all abandoned products shall be deemed forfeited, and VisiblAir shall have the right to reprocess these products in any manner it deems appropriate.

SOLE WARRANTY

Unless VisiblAir accepts additional or alternative terms in writing, the warranty described above is the sole and exclusive warranty offered to VisiblAir's customers, and no additional warranty is given or implied, including, without limitation, any implied warranty of merchantability, non-infringement, title or fitness for a particular purpose.

CHANGES TO THESE TERMS AND CONDITIONS

We reserve the right to update or change our terms and conditions at any time, and you should check these terms and conditions periodically. Your continued use of the service and products after we have posted any modifications to the terms and conditions on this page will constitute your acknowledgment of the modifications and your consent to be bound by the modified terms and conditions.