Terms of Sale
These Pre-Order Terms of Sale (these “Terms”) govern the placing of pre-orders (“Pre-Order”) with Thingsee Oy, a Finnish corporation (the “Company”) for the Products (as defined below). Please read these Terms carefully before submitting your Pre-Order of any Thingsee Products. By submitting your Pre-Order, you agree to be legally bound by these terms.
You may pre-order the Thingsee devices and services, separately or in combination with each other. Company may also make other Thingsee labeled products available for pre-order in its discretion (collectively, the “Products”).
When placing a Pre-Order for the Products, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Company shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your product being shipped by sending an e-mail to firstname.lastname@example.org.
You will be charged on 1st of June 2015 or, if the order is placed after that, at the time of placing the order. If the Company is unable to commence shipping the Product on or before the one-year anniversary of your placing the Pre-Order, the Company shall process a full refund to you. All Pre-orders are handled through the Celery payment gateway. Methods of payment accepted are Visa, Master Card, American Express, PayPal and others as made available from time to time by the payment gateway provider. Your placing of a preorder constitutes your express agreement to the company charging of your provided payment method at such time.
Goods dispatched to addresses inside EU are subject to VAT of 24%. Goods dispatched to addresses outside of the European Union are generally not subject to VAT. If you order goods for delivery outside Finland, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination.
Once you place your order, your order is final, noncancelable and nonrefundable, except as specified in these terms and the applicable terms of sale. You may cancel your order until 30th of May 2015 by sending an email to email@example.com or by using the Celery preorder service tools.
Changes to Terms of Sale
Company reserves the right to amend or change the Terms of Sale until the 30th of April, 2015. You may cancel the order until that date by sending an email to firstname.lastname@example.org. You will be notified of changes made to these Terms by email from email@example.com.
If you provide information for the Pre-Order of the Products, Company will not use such information except as necessary or helpful to fulfill your order or as expressly set forth herein. Company will not provide such information to third parties except as set forth herein. Company may use provided information to create aggregate data that does not identify any specific individual or entity, and provide such aggregate data to its commercial partners on terms of its choosing.
Company may use third parties to process any provided information, even if such third parties are not located in your jurisdiction, so long as such third parties are subject to standard confidentiality arrangements. If permitted under law, Company may use contact information that you provide to occasionally send you emails or other communications concerning the Products or other products of the Company.
We aim to deliver pre-ordered products on the official launch week in June, 2015, provided that we have received and processed your payment. Such date is only an estimate, is subject to change, and Company does not represent or warrant that it will be able to ship the Product by the estimated date. As a result, in the event that a delay arises and the estimated shipment and/or release of the product is not met, Thingsee is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. The Products will be shipped in the order in which your Pre-Order is received by the Company. Shipments will be made Monday – Friday, excluding holidays, unless otherwise noted. Delivery charges will apply to all pre-orders unless otherwise stated.
Except as expressly provided in the company’s terms and conditions of sale and to the maximum extent permitted by applicable law, the products are provided “as is” and “as available”, with all faults and without guaranteed warranty of any kind, and company hereby disclaims all warranties and conditions with respect to the products, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third party rights.
Limitation of Liability
To the extent not prohibited by applicable law, in no event shall company be liable for personal injury, or any incidental, special, indirect, or consequential damages whatsoever, arising out of or related to your use of or inability to use the radian device, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if company has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall company’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of your pre order. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You alone are responsible for the manner in which you use the Product. You shall defend, indemnify and hold harmless Company and its officers, directors, employees and agents (“Indemnitees”) from any liabilities, damages, losses, expenses, costs and attorneys’ fees arising from your use of the Products not expressly in accordance with this Agreement or from any claim or suit made against the Indemnitees as a result of such conflicting use.
The Company shall not be liable for any breach of this Agreement to the extent arising from any factor outside Companys’s reasonable control. Any party affected by such event shall inform the other party and shall use all reasonable endeavors to comply with these Terms.
Entire agreement, controlling law and severability
These Terms will be governed by and construed in accordance with the laws of the Finland, excluding its conflict of law principles. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms shall continue in full force and effect. This Agreement represents the entire agreement governing your Pre-Order of the Products and any prior agreements have no force or effect.
Governing Law and Jurisdiction
(a) YOU AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF SALE, THE WEBSITE AND/OR ANY PRODUCTS SHALL BE FINAL AND BINDING ARBITRATION, except that: (i) to the extent that you have infringed upon or violated or threatened to infringe upon or violate our rights or breached these Terms of Sale, you acknowledge that arbitration will not be an adequate remedy at law and that injunctive or other appropriate relief may be sought by us in Court at its sole discretion; and (ii) no dispute or claim relating to any transaction you enter into with a third party may be arbitrated.
(b) The arbitration shall be administered in accordance with the Arbitration Rules of the Central Chamber of Commerce of Finland, PO Box 1000 (Aleksanterinkatu 17) FI-00101 Helsinki Finland. Judgment on the award may be entered in any court having jurisdiction. The subsequent arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
(c) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SALE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. IN NO EVENT SHALL ANY CLAIM, ACTION OR PROCEEDING BY YOU AGAINST OR INVOLVING US BE INSTITUTED MORE THAN ONE (1) YEAR AFTER YOUR CLAIM FIRST ACCRUED OR YOU FIRST BECAME AWARE OR REASONABLY SHOULD HAVE BECOME AWARE OF ANY SUCH CLAIM.