1. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to place orders. By using the Site, you represent and warrant that you meet these requirements and are legally able to enter a binding contract.

2. Shopify Accounts & Checkout

You may check out as a guest or via Shop Pay/Shopify customer accounts. You are responsible for maintaining the confidentiality of any login credentials and for all activity under your account. Notify us immediately of suspected unauthorized use.

3. Products: Electronics & Hand‑Built Tolerances

3.1 Small‑Batch Craft. Many Products are hand‑assembled or printed in small batches. Minor cosmetic variations, color differences between batches/screens, and normal manufacturing tolerances are expected and not defects.

3.2 Specifications. Published specs (e.g., frequency response, self‑noise, sensitivity) are typical or nominal. Unit‑to‑unit variation within reasonable tolerances may occur and does not constitute a defect.

3.3 Recording Law Compliance. You are solely responsible for complying with local recording, wiretapping, and privacy laws when using our Products.

3.4 Not for Critical Use. Products are not designed for life‑support, safety‑critical, or mission‑critical applications.

4. Orders, Preorders & Acceptance

4.1 Offer & Acceptance. Your order is an offer to purchase. We may accept or reject any order. Order confirmation emails acknowledge receipt; acceptance occurs when we dispatch the Product.

4.2 Preorders/Backorders. Preorders and backorders are charged at checkout. Estimated ship dates are good‑faith estimates, not guarantees, and may change due to supply conditions.

4.3 Edits/Cancellations. Requests to edit or cancel must be received before shipment. Custom‑made items may be canceled only within 12 hours of purchase.

4.4 No Resale. Products are sold to end users only unless we provide written reseller authorization.

5. Pricing, Taxes & Promotions

5.1 Prices. Prices are shown in the currency at checkout and may change without notice. In the event of a pricing error, we may cancel or give you the option to proceed at the corrected price.

5.2 Taxes & Duties. Sales tax/VAT is calculated at checkout where applicable. International orders may incur import duties, taxes, and brokerage fees charged by your customs authority or carrier; these are your responsibility.

5.3 Promotions. Discount codes and promotions are subject to their own terms, are limited‑time, and may not be combined unless stated.

6. Payments & Chargebacks (Shopify)

6.1 Methods. We accept payment methods shown at checkout via Shopify Payments and approved third‑party processors (e.g., Shop Pay, PayPal if enabled). By submitting payment, you authorize us and our processor to charge the order total, including shipping and taxes.

6.2 Fraud & Verification. We may use Shopify’s fraud prevention tools and may hold or cancel orders pending verification.

6.3 Chargebacks. If you file a chargeback, we may provide evidence to the processor. We reserve the right to refuse future service to accounts that file fraudulent or abusive chargebacks.

7. Shipping, Delivery & Risk of Loss

7.1 Carriers & Estimates. We ship using the options shown at checkout. Carrier transit times are estimates and not guaranteed.

7.2 Risk of Loss. Title and risk of loss transfer to you when we deliver the package to the carrier. For lost or damaged shipments, contact the carrier first; then contact us so we can assist.

7.3 Signature/Insurance. At checkout you may be offered signature confirmation or shipping insurance where available. If declined, you accept the associated risk.

7.4 Undeliverable/Refused. If a package is returned as undeliverable or refused, we may refund the product price less shipping and applicable fees, or reship at your expense.

8. Inspection on Arrival & DOA (Dead‑on‑Arrival)

8.1 Inspect Promptly. Inspect your order upon receipt. If an item is missing, incorrect, or DOA, contact [Damian@SoundwichArtist.com] within 7 days with your order number, photos/video of the packaging and item, and a description of the issue.

8.2 Resolution. We may offer troubleshooting, replacement parts, repair, a replacement unit, or a refund at our discretion.

9. Returns & Exchanges — Electronics

9.1 Return Window. We accept returns of unused, undamaged Products in original packaging within 7 days of delivery. Obtain an RMA by emailing Damian@SoundwichArtist.com before sending anything back.

9.2 Opened/Used Items. If a return of an opened but like‑new electronic item is approved, a restocking fee of 15% / the total cost of the purchase may apply after inspection. Items showing wear, modifications, or damage may be refused or partially refunded at our discretion.

9.3 Non‑Returnable. Custom or made‑to‑order items (including custom colors), DIY kits once opened, clearance/B‑stock, digital downloads, gift cards, cut cable by the foot, and hygiene items (e.g., windscreens that have been used) are non‑returnable except where defective under warranty.

9.4 Matched Pairs/Sets. Matched or calibrated pairs must be returned together.

9.5 Return Shipping. Unless due to our error or a verified defect, you are responsible for return shipping costs and safe packing (anti‑static protection where applicable). Risk of loss remains with you until received and inspected.

10. Limited Warranty (Hardware)

10.1 Coverage. We warrant new hardware Products against defects in materials and workmanship under normal use for 6 months from delivery (the “Warranty Period”).

10.2 Exclusions. The warranty does not cover: normal wear; cosmetic blemishes; damage from misuse, abuse, drops, impact, water ingress (except Products expressly rated for submersion), corrosion, extreme temperatures or humidity; over‑voltage/incorrect phantom power; reverse polarity; improper assembly or modification; third‑party accessories; or unauthorized repair.

10.3 Capsules & Variance. Reasonable unit‑to‑unit variance in sensitivity/self‑noise, and normal capsule aging over time, are not defects.

10.4 Remedies. During the Warranty Period, contact Damian@SoundwichArtist.com for an RMA. We may repair, replace, or refund at our option. Repaired/replacement units may be new or refurbished.

10.5 Out‑of‑Warranty Service. Where feasible, we offer paid repair or refurbishment estimates for out‑of‑warranty items.

11. Safety & Compliance

11.1 Hearing & Use. High‑SPL sources and headphone monitoring can cause hearing damage. Use caution and appropriate protection.

11.2 Compliance. Where applicable, Products are designed to conform to relevant directives/standards (e.g., RoHS/REACH). Some Products may be considered unintentional radiators and are intended for use in residential/commercial environments. Compliance markings may be listed on the product or documentation.

11.3 Local Laws. You are responsible for any permits/permissions for field recording, wildlife recording, or location‑based use.

12. DIY Kits, Mods & 3D Files

12.1 DIY Kits. Kits require assembly and basic electronics skills. Incorrect assembly or component substitution may damage parts and void the warranty.

12.2 Mods/Third‑Party Parts. Modifications and use of third‑party parts or 3D‑printed accessories are at your own risk and may void the warranty.

12.3 3D Files & Plans. Any design files we provide are licensed for personal use unless otherwise stated and are provided “as is.”

13. User Content; Reviews; Feedback

13.1 License. If you share reviews, photos, recordings, or other content (“User Content”), you grant us a worldwide, non‑exclusive, royalty‑free, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display that content for marketing, community, or support.

13.2 Standards. You represent you own or control your User Content and it does not violate rights or laws. We may remove content at our discretion.

13.3 Feedback. You agree we may use ideas or suggestions you provide without restriction or compensation.

14. Intellectual Property

All content on the Site—including text, graphics, logos, product names (e.g., “Soundwich,” “Toucan,” and associated marks), images, audio samples, and code—is owned by us or our licensors and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our prior written permission.

15. Third‑Party Services (Shopify & Others)

The Site is hosted and powered in part by Shopify and may integrate third‑party apps (payments, shipping, analytics). Your use of those services is subject to their terms and privacy policies. We are not responsible for third‑party content, policies, or practices.

16. Export, Sanctions & Restricted Destinations

You may not purchase or use Products in violation of U.S. export control or sanctions laws. We may decline or cancel orders shipping to restricted destinations or parties.

17. Disclaimers

Except as set out in Section 10, the Site and all Products are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non‑infringement.

18. Limitation of Liability

To the maximum extent permitted by law, Soundwich and its suppliers will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages; loss of profits, data, or goodwill; or service interruption, even if advised of the possibility. Our total liability for any claim arising out of or relating to the Site or Products will not exceed the amount you paid for the Product(s) at issue in the twelve (12) months preceding the claim.

19. Dispute Resolution; Governing Law

19.1 Informal Resolution. Contact Damian@SoundwichArtist.com to attempt to resolve disputes informally within 30 days.

19.2 Governing Law & Venue. These Terms are governed by the laws of the State of Colorado, USA, without regard to conflict‑of‑law rules. You agree to the exclusive jurisdiction and venue of the state and federal courts in Denver County, Colorado.

20. Termination

We may suspend or terminate access to the Site or cancel orders for cause at any time without notice if you violate these Terms or create risk or legal exposure.

21. Changes to the Terms

We may update these Terms from time to time. The “Last updated” date indicates the latest revision. Changes are effective when posted. Continued use constitutes acceptance.

22. Contact Us

Soundwich LLC
Email: Damian@SoundwichArtist.com