TERMS & CONDITIONS OF PRE-ORDERS
Last updated 03.06.18
You represent to Wiral that you are of the legal age of majority in the country, state or province of your residence (e.g. at least 19 years old if you are a resident of Alabama or Nebraska, 21 years old if you a resident of Mississippi, or 18 years old if you are a resident of any other jurisdiction in the United States).
The following terms and conditions (“Terms”) apply to all orders and the Terms are subject to change from time to time. By placing an order, you acknowledge you have read, understood, and accepted the Terms. Please note that local regulations may apply, depending on your jurisdiction.
The Terms govern the purchase of any products ("Products") from Wiral Technologies AS, Wiral, Inc. or any subsidiary of either of the foregoing ("Wiral", “Wiralcam”, "we" or “us”) unless where there is a separate signed written agreement with you ("Customer" or "you") that expressly states the intention to supersede the Terms (e.g. Terms and Conditions from Kickstarter and/or Indiegogo). To clarify, if you are a U.S. Customer – you shall only be permitted to purchase any Product from Wiral, Inc. or any U.S. subsidiary thereof.
1. ORDERING AND PAYMENT
Customers intending to purchase one or more Products may do so by clicking on the "order now" (or similar) button on the Wiral website and follow the instructions provided therein. Once an order is placed and to the extent Wiral confirms the order, Wiral will send an order confirmation ("Order Confirmation") along with a copy of the then applicable Terms to Customer's email address. Wiral is not bound to sell any Product until completion of production of the Product, an Order Confirmation has been issued and payment has been received by us in full. The Order Confirmation will contain information regarding the ordered quantity, applicable pricing, and the estimated shipment date.
Our acceptance of your order is expressly conditioned upon your unconditional acceptance of these Terms. We do not accept any modifications to or exclusions of the Terms (in whole or in part) regardless of how you communicate any change request to us. Any attempt to modify or exclude any Term(s) will be null and void—therefore having no legal effect.
You must make payment for the Product in full at the time of submitting your order. Payment is tendered by supplying us with your debit or credit card details from a debit or credit card company honored by us, or by any other payment method we make available on the website.
When placing your order on the Wiral website, you agree your order is subject to the then current version of the Terms (subject to change from time to time by us). You are responsible for maintaining compliance with the Terms and any updated versions thereof.
2. CANCELLATION OF PRE-ORDERS
You may cancel the order up until the time shipment notification has been sent to you from Wiral. Wiral will notify you at least 14 calendar days prior to the shipment date. Wiral strives to reimburse Customer’s complete payment for any duly cancelled orders within 6 weeks after such cancellation. Please note, however, that funds paid pursuant to your order may be partially allocated to developing the ordered product(s) in question. Hence, Wiral cannot guarantee you will receive a full refund in all cases as the funds paid by your order may be paid, either fully or partially in connection with the development thereof.
3. DESCRIPTION OF THE PRODUCT
Wiral strives to provide a complete and accurate description of the products offered. Nevertheless, Wiral cannot guarantee a full and complete resemblance between the illustration material, such as pictures, videos, and written descriptions, and the actual products. In the event a Product is listed at an incorrect price or with incorrect information due to a typographical error or an error in pricing or product information received from Wiral’s suppliers, Wiral shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price. Wiral shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card has been charged. If your credit/debit card has already been charged for the purchase and your order is cancelled, Wiral shall immediately issue a credit to your credit/debit card account for the amount of the charge.
Wiral also reserves the right to change and modify the product specifications, such as storage capacity, battery capacity, weight, material selection, form, color, and other physical dimensions and technical specifications during the period leading up to the shipment date. An updated and final product specification will be available at least 14 calendar days prior to the shipment date.
4. PRODUCT PRICE AND TAX
The total purchase price for the Product is displayed during the ordering process. Payments are required to be made in accordance with the payment method chosen by the Customer during the ordering process. All prices are quoted in US Dollars. The purchase price does not include any national, federal, state or local taxes that may be applicable to the Products. When Wiral has the legal obligation to collect such taxes, the appropriate amount shall be added to your invoice and paid by you. Otherwise, if Wiral does not collect such taxes or other fees, Customer shall be responsible for paying all such required amounts to the applicable authority/ies.
5. SHIPMENT AND DELIVERY
The product is shipped to the Customer in accordance with the shipment option and cost detailed in the ordering process. Once the Product is sent to the carrier, ownership of the Product and the risk of loss pass to Customer. Wiral may provide single or multiple shipping methods and carriers for Product delivery at its discretion.
The products are manufactured in China. The products are shipped directly from the manufacturing plant via a 3rd party warehouse and freight forwarder/courier to the country and address of destination given to us in the order.
Estimated time for shipping is stated in the order confirmation. Please note the
estimated time for shipping is only an estimate and may change. Wiral will keep you duly informed of any changes affecting the delivery of your products.
Wiral will make reasonable efforts to meet the scheduled shipment dates, but in no event will we be liable for any loss, damage or penalty resulting from any delay in shipment or delivery, nor will the carrier be deemed our agent. If Customer purchases multiple Products, we may fulfill the order in installments and charge Customer separately for each installment. We have the right to allocate our available inventory of the Products among other purchasers in such manner as we deem appropriate under the circumstances – and at our sole and absolute discretion.
The product must be delivered to the delivery address specified by the Customer in the order form. The Customer is responsible for ensuring the correct address is registered.
Wiral reserves the right to charge the Customer for extra shipment costs due to Customer’s failure to collect the Product(s) in time.
6. PRODUCT WARRANTY AND RETURN
You agree to read and abide by any written instructions shipped with your Product and all safety precautions contained therein. If you do not understand any part of any of these instructions or the functionality of the Product, you may view the FAQ on our webpages or contact us at firstname.lastname@example.org.
7. LIMITED ONE-YEAR WARRANTY
Our Products are provided with a limited 1-year warranty (from original date of delivery to you) against manufacturing defects (except consumable items, such as, without limitation, fuses, ropes or other security mechanisms). Our sole obligation in the event of such defect during this period is to repair or replace the defective part or Product with a comparable part or Product. How we replace or repair the Product is at our sole and absolute discretion. Replaced or repaired Products will have a warranty period equal to the remainder of the original warranty period or thirty (30) calendar days from the date of delivery of the replaced or repaired Product to you, whichever is longer.
THIS WARRANTY ONLY APPLIES TO ORDERS PLACED ON OUR WEBSITE (OR OTHERWISE DIRECTLY WITH US) AND ONLY TO THE ORIGINAL PURCHASER.
Some jurisdictions may have applicable minimum requirements with regard to warranty. As such, these shall apply to the fullest extent permitted by applicable law.
8. WARRANTY EXCLUSIONS
All Products returned to us become our property. SECTION 7 OF THE TERMS PROVIDES THE SOLE WARRANTY UNDER THE TERMS. ALL OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, ARE DISCLAIMED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM WIRAL OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. This warranty gives you specific legal rights, and you may also have other rights (TO THE EXTENT MANDATORY UNDER APPLICABLE LAW AND NON-DISCLAIMABLE UNDER THE APPLICABLE LAW) that vary by jurisdiction.
9. RETURN OF DEFECTIVE AND NONCONFORMING PRODUCTS
In the event of a materially defective delivery or a materially delayed delivery in accordance with Section 5 above, Customer may claim the remedies available in accordance with applicable consumer purchasing legislation (TO THE EXTENT MANDATORY UNDER APPLICABLE LAW AND NON-DISCLAIMABLE UNDER THE APPLICABLE LAW), including (if and as provided for by applicable laws) fulfillment of the contract, rectification, delivery of substitute goods or price reduction or termination. If there is a defect in the delivered Product, the consumer must, within a reasonable time after he or she discovered or should have discovered such defect, inform the seller that he or she will make a claim. Claims relating to defective Products must be made no later than the earlier of 1 year after the consumer took possession of the Product or could have taken possession of the Product (e.g. by collecting the Product pursuant to delivery).
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, WIRAL EXCLUDES ITS LIABILITY FOR ANY INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF DATA, LOSS OF USE CAUSED BY ANY DEFECT OR DELAY, EXCEPT FOR DAMAGES CAUSED BY US INTENTIONALLY OR BY GROSS NEGLIGENCE, AND THIS EXCLUSION OF LIABILITY SHALL APPLY WHETHER OR NOT WE HAVE BEEN INFORMED OF SUCH POTENTIAL LOSSES BY YOU.
You must obtain a Return Materials Authorization (“RMA”) number from us prior to returning any Products to us under the limited warranty or, as applicable, the right to cancel pre-orders. You agree to carefully pack the Product that you are returning, and return it to us, freight prepaid, together with the RMA. The returned Product must be in the original package and free of any defect or damage caused by shipping. If we opt to repair or replace your Product under the Limited One-Year Warranty, we will pay the return costs for ground shipping. If we reasonably determine the Product you returned is not defective or does not fall within the right to cancel pre-orders we will contact you and will arrange for reshipment to you at your cost. If you decline to pre-pay such shipping and handling costs, we are under no obligation to return such non-defective Product to you.
Whether through our Right to Cancel Guarantee (as applicable) or through our limited warranty, both described above, you can only make returns as follows:
Before requesting an RMA, please contact our customer support through our website.
If we are unable to solve your problem via email, please request an RMA number. If our customer support determines you are within your Right to Cancel Guarantee or that your problem ostensibly qualifies under warranty coverage you will be issued an RMA number.
Package Products with the required care along with a copy of the RMA form.
Write the RMA number on the outside of the box and send it to the appropriate address based on your specific location. Please do not hand-deliver your product to the addresses provided, even if you are local. These locations are not set up to receive visitors.
10. THE RIGHT OF WITHDRAWAL (FOR EUROPEAN ECONOMIC AREA (“EEA”) CONSUMERS ONLY)
If you are a consumer within the EEA, you may return any ordered product by notice to Wiral within the earlier of 14 calendar days after you became in physical possession of the product or otherwise could have become in physical possession pursuant to collection at the point of delivery. You are not required to state any reason for the return.
The product shall be shipped back to Wiral within 14 days after the notice has been given. The purchase price and all other costs connected to the order will be reimbursed by Wiral. However, you are responsible for covering the return shipment costs to Wiral.
To exercise the right to withdrawal under this provision, use the standard form for withdrawal attached to these Terms in Appendix 1. If not using the form, please indicate the transaction number, contact information (name and address) and reason for withdrawal (optional). All communications are sent electronically to email@example.com.
If not using the right to withdrawal, you may only return products that are defective or non-conforming in accordance with Section 9 of the Terms.
11. ASSUMPTION OF RISK
You agree to comply with all applicable local, state, and national laws in connection with your use of the Product. You understand and agree the Product is not made or intended for use in any application or hazardous environment that requires fail-safe performance, where the failure or inaccuracy of the Product or its use might result in or cause death, personal
injury, collision or environmental damages ("High-Risk Activities"). You agree to
take reasonable precautions when using your Product.
Wiral accepts no risk, obligation or liability whatsoever to you or any third party for any of the following ("Disclaimed Activities") performed or caused, by act or omission, by you or a third party with access to your Product:
use of the Product contrary to Wiral’s published information, specifications, and instructions, including, but not limited to, storage requirements and environmental conditions or ranges for temperature or humidity, leaving the Product in direct sunlight for long periods, use of the Product for High-Risk Activities, use of the Product in combination with any third party device not provided or recommended by Wiral, and affixing anything to the Product;
repairs, modifications or adjustments to the Product made by a party not authorized by Wiral;
damage from any external cause, including, but not limited to, sand, dirt, water, improper usage of any electrical source, battery leakage, or local power surges;
any damage to property or persons caused by your Product that is not caused by material defect for which Wiral is held responsible, including your failure to properly operate the functionalities of the Product;
improper use such as allowing the Product to block traffic or interfere with anything that may crash into the line, using the Product in inclement weather or low light, failure to maintain line-of-sight with the Product when using it, attempting to charge the Product with chargers not provided by Wiral;
failure to purchase any insurance required by law to operate the Product in your area;
failure to determine the suitability of the Product for your intended use;
failing to make sure any other person who uses the Product also complies with these terms and any other guidance we provide you, whether this guidance is included in writing with the Product or made available on our website;
any continued use of the Product after you detect any defect, including erratic responses to user input;
any other use of the Product that is reasonably construed as improper
12. LIMITATION OF LIABILITY
SUBJECT TO OUR WARRANTY PROGRAM AS EXPRESSLY PROVIDED IN THE TERMS, THE PRODUCT IS PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE PRODUCT IS AT YOUR OWN RISK. IN NO EVENT WILL WIRAL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, USE, PROFITS, DATA, OR GOODWILL) OR COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS OR THE PURCHASE, SALE, USE, OPERATION OR PERFORMANCE OF THE PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WHETHER OR NOT WIRAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU AND WIRAL HAVE AGREED TO THESE LIMITATIONS AS A BASIS OF THE BARGAIN AND THAT SUCH LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL WIRAL’S LIABILITY TO YOU ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, INCLUDING, WITHOUT LIMITATION, INDEMNIFICATION, EXCEED THE ACTUAL AMOUNT PAID TO WIRAL BY YOU FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.
Some jurisdictions may not permit certain limitations or exclusions of liability set forth herein. As such, the limitations and exclusions shall apply to the fullest extent permitted by applicable law.
YOU AGREE TO INDEMNIFY AND HOLD WIRAL, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS AND ADVISORS, HARMLESS FROM ANY AND ALL CLAIMS, INCLUDING BUT NOT LIMITED TO DAMAGES, LEGAL FEES, COSTS, AND EXPENSES, FROM THIRD PARTIES ARISING IN CONNECTION WITH THE ORDER AND/OR YOUR USE OR MISUSE OF ANY PRODUCT(S).
14. FORCE MAJEURE
Neither party shall be liable to the other for any failure to perform their obligations due to an event beyond the control of such party including but not limited to any Act of God, act of terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, fire, storm, power outage, strike, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party affected by such event shall inform the other party and shall use all reasonable efforts to comply with these terms and conditions.
15. INTELLECTUAL PROPERTY RIGHTS
Wiral shall retain any and all intellectual property rights (including acquiring any and all derivative rights) related to the Products, whether patentable or not and whether registered or not. This includes but is not limited to the construction, methods, concepts, design, source code, software logs, interface design, copyrights, trade secrets, and trademarks.
Any software installed in the Products (the "Software") is licensed and not sold to Wiral’s customers. You may only use this software for its normal, intended use with the Products and in line with these Terms. When we say "sell" and "purchase" in these Terms, we mean "sell" and "purchase" only with respect to the non-software elements of the Product.
Subject to your compliance with these Terms, Wiral grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Software as part of your use of the Product for your own personal, non-commercial purposes and for no other purposes. You may not: (i) copy, modify or create derivative works based on the Software; (ii) distribute, transfer, sublicense, lease, lend or rent the Software to any third party; (iii) reverse engineer,
decompile or disassemble the Software unless mandatory law permits such use; however, such use shall only follow your request for assistance from us which is not provided in a timely manner (not to exceed 30 days), and we are permitted to impose reasonable conditions for any such additional assistance; or (iv) make the functionality of the Software available to multiple users through any means. Wiral reserves all rights in and to the Software not expressly granted to you under these Terms. All Software is protected by U.S. and international copyright law and treaties.
All the Software and any related documentation are "commercial items" as that term is defined in FAR 2.101, consisting of "commercial computer software" and "commercial computer software documentation," respectively, as such terms are used in FAR 12.212 and DFARS 227.7202. To the extent that the Products are being acquired by or on behalf of the U.S. Government than, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government's rights in the software and any related
documentation will be only those specified in these Terms.
Wiral welcomes all comments, feedback, information or materials, which you submit to Wiral ("Feedback"). Feedback does not include the details of your registration and Product orders. Please note your Feedback shall be considered non-confidential and become Wiral's property, so please do not provide any non-required personal information or other sensitive information. By submitting your Feedback to Wiral, you agree to a no-charge assignment to Wiral of all right, title and interest in copyrights and other intellectual property rights to your Feedback on a worldwide basis. Wiral shall be free to use your Feedback on an unrestricted basis.
16. WIRAL’S RIGHT IN THE EVENT OF DEFAULT BY THE CUSTOMER
In the event of Customer breach of any of the Terms, Wiral may suspend delivery of any Product(s) and may cancel any outstanding order(s) at our sole and absolute discretion. These rights are in addition to any other rights available to Wiral at law or in equity.
17. PERSONAL DATA
Wiral is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product.
For further information on Wiral’s processing of personal data, including information about your rights, please refer to Wiral’s Privacy Protection Statement, which is available at our website.
18. DISPUTE RESOLUTION
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. For any dispute, claim or controversy with Wiral arising out of or relating to these Terms or the use of the Product (collectively, "Dispute"), you agree to first contact us and attempt to resolve the Dispute with us. In the unlikely event Wiral has not been able to resolve a Dispute with you after thirty (30) days, you and Wiral agree it shall be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief (“IP Protection Action”) in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights (including any and all applications).
Unless you timely provide Wiral with a written arbitration opt-out notice within 30 calendar days of placing your initial order, you acknowledge and
agree you and Wiral are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Wiral otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or
representative proceeding. This "Dispute Resolution" section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. The AAA Rules are available at https://www.adr.org/aaa/faces/rules/searchrules or by calling the AAA at 1-800-778-7879). The U.S. Federal Arbitration Act will govern the interpretation and enforcement of this Section.
19. ALTERNATIVE DISPUTE RESOLUTION (FOR EUROPEAN ECONOMIC AREA CONSUMERS ONLY)
If you are a consumer within the European Economic Area (EEA), you may in lieu of a lawsuit file a complaint to an alternative dispute resolution mechanism in your own country through the European Union Online Dispute Resolution portal. In all other respects, however, the Terms shall apply to the fullest extent permitted under applicable law.
21. GENERAL TERMS
These Terms constitute the entire and exclusive understanding and agreement between you and Wiral regarding the purchase of a Product, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us regarding such a purchase. The United Nations Convention on the International Sale of Goods is disclaimed.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Wiral's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Wiral. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
The right of withdrawal form (for EEA customers only)
Fill out this form and return it to Wiral if you want to revoke your order. Please send it to firstname.lastname@example.org
I/we hereby wish to revoke the following order:
[fill in transaction number]
The order was received [fill inn date]
Your name and address:
[fill in name] [fill in address]
Reason for revoking the order (optional):
[fill in today’s date]