Terms of purchase - EU / EEA

These terms for purchase (hereinafter referred to as the “Terms”) apply to all purchases of products from Nomono (see company information below) by customers through Nomono’s website at www.nomono.co or in a separate agreement entered into between Nomono and customer, where these Terms form part.

The Terms form an agreement with you or the legal entity you represent and Nomono, and the use of “Terms” also includes the agreement you enter into by accepting these Terms. By placing an Order (as defined below) for purchase with Nomono, you accept these Terms.

In the following, both “you” and “the Customer” may be used, which means the person entering into the agreement, either on its own behalf or on behalf of an entity the person represents, the “Customer” may be you or the entity you represent.

If you are an individual and are entering into the Terms on behalf of a legal entity (such as a company), you represent and warrant that you have due authorisation from such entity to enter into these Terms and to bind such entity to all of the terms and conditions of the Terms and by accepting the Terms, to enter into an agreement between Nomono and such entity on purchasing the Services. 

Please read the Terms carefully, as they comprise your/the Customer’s rights and obligations. You should retain a copy of the Terms for your records. The content of the Terms depends on whether you are an EU, UK, or US resident customer, so you should notice the alternative provisions depending on your location. 

Nomono reserves the right to change these Terms at any time. Changes will not affect purchases in Orders placed and accepted by Nomono. Any such changes will take effect when available from Nomono, such as on Nomono’s website.

Nomono develops and sells the Nomono Sound Capsule and accessories, as further described on www.nonomo.co (hereinafter referred to as “Products”).

The Products must be used with the Nomono services, subject to the Terms of Service found here.

The Products and/or services ordered are always subject to availability. Nomono may, in its sole discretion, choose not to accept an Order and to offer changes in an Order, subject to the Customer’s approval.

By placing an order on the website of Nomono, sending a purchase request by email or other means, agreeing with Nomono orally or accepting an agreement with Nomono, the Customer places a binding offer for purchase with Nomono (referred to herein as “Order”).

These Terms, together with information submitted when placing an Order and the confirmation of such Order by Nomono, form an agreement/contract between the Customer and Nomono and govern the purchase of Products. The Customer acknowledges and agrees to have read and understood these Terms before placing an Order and that it enters into a binding agreement with Nomono by placing an Order.

Upon receipt of the Order by the Customer, Nomono will send the Customer an email confirming receipt and stating the details (“Confirmation of Receipt”). The Confirmation of Receipt does not constitute a declaration of acceptance of the Customer’s contractual offer but serves only information purposes. Nomono will accept the Order by sending an acceptance notice or dispatching the ordered products. The presentation of Products on Nomono’s website or in any other way does not constitute any binding offer by Nomono, and a contract with the Customer is not formed until an Order is accepted or the Products are dispatched.

All Orders are subject to acceptance by Nomono at its discretion. If Nomono refuses to accept an Order, it shall inform the Customer of such refusal within four weeks after it is completed. An Order is completed once submitted and paid in full unless anything else is agreed upon with a Nomono sales representative. If the Order is refused, Nomono is not responsible for any loss or delay arising from such refusal. Nomono will accept the Order either by sending an acceptance notice or dispatching the Products ordered.

Regardless of the foregoing, an agreement will not be binding on either party if it is based on wrongful information from one of the parties that the other party knew or should have known that such error existed, such as typing errors, wrongful information from third parties, etc. In addition, an agreement is not binding for Nomono if the Customer has provided incorrect payment or delivery information.

The Customer will find information and details on its Order in Nomono’s web store and in the information provided by Nomono to the Customer during the order process described above. If the Customer needs more information, Nomono may be contacted and will use reasonable efforts to assist the Customer with information and documentation.

Nomono reserves the right to cancel any Order before the shipment date at Nomono’s discretion. In the event of such cancellation, Nomono will refund the full purchase price but will not be liable for other costs, loss, expenses, etc.

The latest version of these Terms is always available on Nomono’s website. It is recommended that the Customer store a version of the Terms available at the time of purchase.

To avoid doubt, any services provided by Nomono related to the Products or otherwise are subject to terms separate from these Terms.

The price of the Products is specified on Nomono's website or otherwise communicated to the Customer by Nomono. Nomono will also inform about the prices, inclusive of the total price for the purchase, in the Confirmation of Receipt or in the final agreement, if any, to be accepted by the Customer.

The Products are paid in advance and otherwise in accordance with the payment option chosen by the Customer in the ordering process. All prices are quoted in local currency or EUR (€) and, where applicable, include custom duties and value-added tax. Additional costs or taxes may apply in some jurisdictions.

The delivery cost depends on the Customer’s chosen shipping option and is added to the total amount due at Checkout.

Nomono takes no responsibility for processing in customs as the place of destination for the Products but may use customs brokers, normally affiliated with freight forwarders/transporters, which Nomono use as logistics partners, to handle customs/tax/VAT payment and handling, and clearance of goods. All costs concerning customs, tax and VAT will be provided during the ordering process, however, due to the destination, other costs and fees may apply. In case local authorities require additional information to comply with local laws, the Customer may be contacted by Nomono’s logistics partner.

Nomono is not responsible for any fees that the bank or payment provider may charge the Customer for using a credit card or payment method. After the Order is placed and payment is provided, a confirmation that the purchase is completed will be sent to the email address provided by the Customer in the ordering process.

The Products are shipped to the Customer following the shipping option chosen by the Customer in the ordering process or otherwise agreed with Nomono. The cost of shipping is detailed in the ordering process, see above.

By placing the Order, the Customer acknowledges that they have pre-ordered a product that is not yet manufactured and ready to be shipped.

The estimated dispatch and delivery date will be stated in the ordering process. It will depend on the selected shipping option and delivery point, as well as the time of payment. The Customer acknowledges that changes and/or delays may occur to the estimated dispatch and delivery date. Nomono will make reasonable efforts to keep the customer informed of any changes impacting the delivery of the ordered products. Nomono shall not be held liable for delays in the estimated delivery date for any Order.

The Products will be delivered to the delivery address given by the Customer in the order process. The Customer is responsible for providing the correct address in the ordering process. Placing orders at PO Boxes, hotels, or similar addresses is impossible. Nomono is not liable or responsible for any loss resulting from the Customer’s failure to provide the correct delivery address.

Upon accepting Nomono’s logistics partner’s terms, the Customer may choose, if the option is available, among other alternatives, to update their address and make changes in the delivery method and time of delivery directly with our logistics partner. Nomono is not liable for the Customer’s failure to comply with the logistics partner’s terms.

Failure to take possession of shipped Products constitutes a breach of the Agreement by the Customer. Nomono reserves the right to charge the Customer for additional shipment, storage, and handling costs due to the Customer’s failure to (i) collect the Products in time or (ii) contribute as needed for the delivery to occur.

Delivery occurs when the Customer or their representative can take possession of the Products per the chosen shipping option. If the Products are not collected or received on time or at the first delivery attempt, and if this is due to the Customer or circumstances related to the Customer, the risk passes to the Customer when the item is available.

Once the Customer has ordered the Products, Nomono will strive to deliver them as soon as possible and in accordance with the stated estimated delivery date (see Section 4 above). If the Products are estimated to ship within less than seven days from the Order date, the Customer cannot cancel the Order.

During the pre-order period, the Customer may request cancellation of the Order to Nomono by sending an inquiry via email to support@nomono.co earlier than 7 days before their order ships. Nomono will send a confirmation to the Customer if the cancellation was successful. If no inquiry is received prior to 30 days before shipment, the Customer must instead use their right to withdraw if applicable, according to Section 6 below.

During the pre-order period, funds from the purchase are used for manufacturing and procurement. Nomono reserves the right to delay the refund payout for up to 3 months if necessary. However, Nomono will strive to issue the refund as soon as possible and within a reasonable time.

Nomono also reserves the right to cancel your Order before the shipment date at Nomono’s discretion. In the event of such cancellation, Nomono will refund the full purchase price but will not be liable for other costs, loss, expenses, etc.

You may withdraw from the Terms and the agreement these Terms form within 30 days of delivery (the "Withdrawal Period"), subject to the conditions in this Section. 

You are not required to provide any reason for the withdrawal, however, all ordered and delivered Product(s) and accessories must be included in your return and be in like-new (undamaged) condition to be eligible for a refund. If, on return to us, it is determined that the Product(s) and accessories (i) are damaged, (ii) have been subject to unauthorised modification, and/or (iii) are not in a resalable condition and/or are missing components, an amount equal to the estimated value loss, may at Nomono’s sole discretion be deducted from the amount of Customer’s refund. Damage covered by an applicable Limited Warranty, see below, is not subject to such reduction.

If the Customer wishes to withdraw in accordance with this Section, the Customer must notify Nomono by e-mail to support@nomono.co within 30 days of delivery. Nomono will confirm the received notice without undue delay, and the Customer will then receive further instructions for return. The Customer must then complete the return steps as requested by Nomono, which will be provided by email. After the Customer has notified Nomono of its intent to withdraw and return the Products, all Products must be returned, at Customer’s risk, within 14 days in safe and satisfactory packaging, in accordance with Nomono’s return process, to be eligible for a refund. Any return(s) failing to follow these instructions is not eligible for a refund. The Customer must cover the shipping and handling fee for the return.

Any request to withdraw from the Agreement received after 30 days is automatically rejected and will not qualify for a refund.

Any refund will only reflect the amount paid, and any promotional or other discount will be deducted. Refunds are made using the same method used to pay for the purchase originally.

Nothing in this clause shall be construed to exclude, limit, or suspend additional rights of withdrawal that may be enforced under local and mandatory consumer protection laws and regulations. Such rights may be exercised by emailing supportl@nomono.co.

The Products come with a one-year warranty period if not otherwise stated in the description of the Products in the specification or information given by Nomono. The warranty period commences the day after the Customer had the opportunity to take possession of the Products in accordance with Section 4 above. During this period, Nomono warrants that each Product will be free from material and workmanship defects under normal use in accordance with Nomono’s published user manuals and safety information. Nomono reserves the right to reject any warranty claim from customers who fail to provide valid proof of a qualifying purchase from Nomono.

To make a warranty claim, the Customer must, within a reasonable time from the date they discovered, or should have discovered, a defect, notify Nomono by sending an email to support@nomono.co. The Customer must also include a description of the defect on which the warranty claim is based. However, warranty claims must be made no later than one year after you took possession of the relevant product. Nomono will, upon receiving a warranty claim, revert with further information hereunder the applicable process for determining whether the limited warranty covers the defect.

If Nomono finds that the defect is covered by the limited warranty of this Section 6, Nomono may, at its discretion, and depending on the nature of the defect and other relevant circumstances, offer (a) repair or (b) replacement of the Product at no cost to the Customer. At Nomono’s sole discretion, refurbished Products may be used as replacements. Nomono warrants that the repairs will be performed in a competent and workmanlike manner and that all parts used to repair or replace the Products will be free from defects for ninety (90) days. Nomono may replace one or several products if purchased in bundles or individual parts.

Nomono may, at its discretion, offer a partial or full refund for the payment made for the defective Products as an alternative to the above.

There is no warranty for Products that have been (i) purchased by others than Nomono or a certified Nomono sales partner, (ii) modified, altered, or adapted without Nomono’s prior written consent, (iii) maltreated or used in a manner not compatible with the instructions by Nomono or reasonable normal care, (iv) used with third party equipment and/or software not provided nor approved by Nomono, to the extent the problem is attributable to such use, (v) relocated, to the extent that defect is attributable to the relocation, or (vi) repaired by unauthorised third party. The limited warranty does not comprise defects caused by wear and tear.

If any Product ordered is damaged or faulty when delivered or has developed a fault, the Customer may have one or more legal remedies available in addition to this limited warranty, depending on when the Customer informs Nomono of the problem, in accordance with statutory law, see below for choice of law and jurisdiction. If the Customer believes Products were delivered damaged or faulty or has developed a fault, the Customer shall inform Nomono without undue delay in writing, stating name, address, order reference and reason for the claim of damage/default.

Nothing in this Section affects your legal rights under mandatory consumer legislation, which applies in addition to the warranty.

FOR CUSTOMERS IN THE UK/US: If any Product(s) and/or accessories you order are damaged or faulty when delivered to you or have developed a fault, you may have one or more legal remedies available to you in addition to this limited warranty, depending on when you make us aware of the problem. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference.

You agree to defend, indemnify and hold harmless Nomono and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to reasonable attorneys’ fees) caused by, arising out of or related to (i) your purchase or use of, or inability to use, the Product(s) and/or accessories; (ii) your violation of these Terms or any other applicable terms, policies, warnings or instructions provided by Nomono or a third party in relation to the Product(s) and/or accessories, or (iii) your violation of any applicable law or any rights of any third party related to your use of the Product(s) and/or accessories.

Subject to this, any liability Nonomo has for losses you suffer arising from these Terms or any contract entering into an Order form shall not exceed the purchase price of the relevant Product(s) and is strictly limited to reasonably foreseeable losses. Losses are foreseeable, and you and we could contemplate them when the Order has been made.

Nomono will not be liable or responsible for any failure to perform or delay in the performance of any of our obligations under the Terms or any contract caused by events outside our reasonable control.

Under all circumstances, Nomono’s aggregate and total liability arising out of or related to the Agreement shall not exceed the total amount paid to Nomono for the Product. 

The limitation of liability above shall not apply in case of gross negligence, wilful misconduct, death or personal injury caused by our negligence, fraudulent misrepresentation or any liability under mandatory law.

Nomono sells and ships Products to end-user Customers only. The Customer may not purchase Products from Nomono for resale, and Nomono reserves the right to refuse, cancel or delay the delivery of the Products if there are reasonable grounds to believe the Products are not being purchased for end use. Further, any rights pertaining to Customer under these Terms may only be invoked by the end-user being the Customer and not by any entity or individual acquiring the Products by resale or otherwise from the Customer or other third parties.

If you as a purchaser are a consumer, nothing in these Terms shall be construed to exclude, limit or suspend other mandatory rights you may have under local consumer protection laws and regulations.

In the case of non-payment under Section 3 above or other breaches by the Customer, including if a payment is rejected by the payment agent or the Customer’s bank or disputed or recalled by the Customer’s bank, Nomono will retain the goods until payment is completed.

Nomono may cancel the purchase due to late payment or other breaches of the Agreement. See also above on Nomono’s right to cancel any Order.

Nomono may also claim compensation for any direct loss Nomono suffers due to a breach on the part of the Customer.

If a Customer receives the Products before payment, Nomono may maintain the purchase and require the Customer to pay the purchase price. If the Customer does not pay the purchase price as agreed, Nomono may claim interest on the purchase price pursuant to the highest interest on overdue payments according to mandatory law. In the case of non-payment, the claim may be sent to a debt collection entity, subject to prior notice to the Customer. The Customer can then be liable for a fee pursuant to relevant legislation, depending on which jurisdiction the payment will be collected.Nomono’s Privacy Notice: https://nomono.co/privacy-notice.

The Customer may not transfer or assign any or all of its rights or obligations under these Terms with Nomono.

All notices given by the Customer to Nomono must be given in writing through the contact information on our website or as informed directly to the Customer. Nomono may give notice to the Customer at either the email or postal address provided when placing an Order or given in other communication with Nomono as part of the ordering process.

If Nomono fails to enforce any of its rights, that does not result in a waiver of that right.

If any provision of these terms is unenforceable, all other provisions shall remain unaffected.

These terms may not be varied except with Nomono’s express written consent.

Nomono reserves the right to change these terms and conditions at any time before purchase. Any such changes will take effect when posted on Nomono’s website or if informed to the Customer directly, such as by email.

These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any contract. In some jurisdictions, Nomono is required by law to advise that contracts may be concluded in English only and that no public filing requirements apply.

These Terms and the agreement entered into by you/the Customer and Nomono, which these Terms constitute, shall be governed by and interpreted under Norwegian law.

Any dispute, controversy or claim arising out of or in connection with the Terms shall be subject to the jurisdiction of the Norwegian courts, with Oslo, Norway, as the legal venue.

If you are a consumer, mandatory law, legal venue, and additional consumer law may apply. 

FOR CUSTOMERS IN THE EU: The seller and supplier of the Products and accessories is Nomono AS, incorporated in Norway under organisation number 922 172 676. Nomono is registered in the Register of Business Enterprises in Norway. Nomono’s contact information: Nomono AS, Strandveien 43, 7067 Trondheim, Norway.

FOR CUSTOMERS IN THE UK: Nomono Ltd. is the seller and supplier of products and accessories for the United Kingdom. Nomono’s contact information is Nomono Sound Ltd, 1 Chapel Street, Warwick, CV34 4HL, United Kingdom.

FOR CUSTOMERS IN THE US: The seller and supplier of the Products and accessories to the United States is Nomono LLC. Nomono’s contact information: Nomono LLC, 175 Pearl St. Floor 1, Brooklyn, NY 11201.

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Version: March 2025