Pre-ordering from Effortless 3D - Terms and Conditions
These Terms and Conditions (“Terms”) apply when you pre-order a product from Effortless 3D Limited, whether it’s online, over the phone, or via email. By placing a pre-order you’re agreeing to be bound by these Terms, so please read them carefully before you place a pre-order and keep a copy for your records.
Placing a Pre-order
- Pre-released orders (“Pre-orders”) are orders for products (“Products”) that are not yet available for general sale from Effortless 3D.
- In order to place a Pre-order you will need to provide certain information, including but not limited to your name, address and billing information. It is your responsibility to make sure this information is accurate and up to date. If we do not have accurate information we will not be able to inform you when the Pre-order is available for purchase or refund any Pre-order payments, if applicable.
- Pre-order Payments do not guarantee availability of the Product but represent your offer (“Offer”) to buy the Product when it is generally released for sale. We reserve the right not to accept your Offer if you do not meet any relevant eligibility criteria, status requirements or credit check. Your Offer is only accepted once the Pre-ordered product is purchased in accordance with Section 9 (“Purchased”).
- When you place a Pre-order you will need to pay a deposit (“Pre-order Payment”). You may cancel your Pre-order and get a full refund of your Pre-order Payments at any time before the Product has been Purchased.
- Effortless 3D will build Products according to the order in which the Pre-order is received. This position does not imply receiving a particular number associated with your Products. If you cancel or forfeit your reservation in accordance with the terms of this Agreement, your position will be taken by the next person on the Product reservation list. Notwithstanding the foregoing, you acknowledge and agree that we may need to build and use Products for a variety of purposes, such as in-house and third-party testing, evaluation, and display prior to fulfilling Product reservations. Furthermore, we may in our discretion prior to fulfilling Product reservations offer for sale to the public (for instance, by auctioning off) a limited number of Products. Please consult our website or our newsletter for more information about such events.
- Although we will make efforts to begin delivering Products as soon as reasonably practicable, you understand and agree that there may be delays. An estimated time of delivery (ETD) is only an estimate, is subject to change, and Effortless 3D 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, Effortless 3D 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. We will provide you periodical updates with respect to such delivery schedule. If for any reason you decide that you do not wish to continue to wait for your Product, you may cancel your reservation as provided for in Section 7.
- Either you or Effortless 3D may cancel a Pre-order at any time for any or no reason prior to the Product being Purchased. If cancellation occurs before the Product has been Purchased, you will be entitled to a full refund of your Pre-order Payment.
Limitation of Liability
- UNDER NO CIRCUMSTANCES WILL EFFORTLESS 3D BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT. IN THE EVENT EFFORTLESS 3D IS HELD LIABLE FOR ANY DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE THE FULL REFUND OF YOUR PRE-ORDER PAYMENT WITHOUT INTEREST.
Terms and Conditions of Sale
- The purchase of the Products and / or any accompanying service, is subject to additional terms and conditions provided by Effortless 3D, including in respect of any software included in the Products or intellectual property embodied in the Products or data collected by the Products. The Terms and Conditions of Sale will be notified to you before you complete your purchase and are subject to change without notice. Your purchase of the Product will be subject to these terms and conditions and the refund policy.
- EFFORTLESS 3D DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROTOTYPE PRODUCT DISPLAYED BY EFFORTLESS 3D WHETHER BEFORE OR AFTER YOU HAVE PLACED THE PRE-ORDER. YOU UNDERSTAND AND AGREE THAT THE PRODUCT, ITS DESIGN AND TECHNICAL FEATURES ARE CURRENTLY UNDER DEVELOPMENT AND THAT THE PRODUCT THAT MAY BE AVAILABLE FOR PURCHASE BY YOU MAY BE MATERIALLY DIFFERENTLY FROM THE PROTOTYPE PRODUCT. IF FOR ANY REASON YOU ARE UNHAPPY WITH THE FINAL VERSION OF THE PRODUCT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO CANCEL YOUR PRE-ORDER AS DESCRIBED IN SECTION 7.
Changes to the Terms
- Effortless 3D reserves the right to change any of the terms for any or no reason. We will provide notice of any material changes and, if you are unhappy with such changes, your sole and exclusive remedy will be to cancel your pre-order as described in Section 7.
- These Terms constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior agreements, representations and understandings of the parties. These Terms are governed, construed, and enforced according to English law. Any disputes or proceedings shall be subject to the exclusive jurisdiction of the English Courts, by English law. You may not assign this Agreement or any of the rights granted to you hereunder.