PRE-ORDER TERMS AND CONDITIONS
These Pre-Order Terms and Conditions (this “Agreement”) govern the placing of pre-orders with Eco-Net (the “Company”) for the pre-order of the Products (as defined below).
- Company may allow you to place pre-orders for Eco-Popper (the “Product”).
- Estimate Shipping Date. The Company currently estimates that it will begin shipping the Product no later than July 31, 2018 (the “Estimated Shipping Date”). If the Product does not ship the Product by the Estimated Shipping Date, Customer will either not charge your payment method or return any amounts that you have paid in respect of the Product.
- Payment; Shipping. Company will charge your account when you place an order, including in respect of applicable shipping charges. The purchase price does not include import duties, taxes and other government charges, which are your responsibility. Company will provide you with an estimated shipping date when you place the order. 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.
- You may cancel any pre-order without penalty for a period of 30 days following the placement of your order.
- Limited Warranty.
- Limited Hardware Warranty. Subject to the terms of this warranty, Company warrants the Product provided to you against any material defects and materials in workmanship that interfere with the normal operation of the product when used in accordance with Company’s published guidelines for a period of one year from the date of original purchase by the end user purchaser (the “Warranty Period”). Published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.
- Exclusions. The limited warranty set forth herein shall not apply in the event that a breach of such warranties are the results of the Product (including any software), being (a) used other than in accordance with Company published guidelines, (b) modified, repaired, serviced, maintained or altered by anyone other than Company without the prior written approval of Company in each instance; for the avoidance of doubt, the modification of any software embedded in the Products shall result in the immediate voiding of the warranty; (c) combined with or installed on/with operating systems, hardware or other non-Company equipment; (e) installed not in accordance with documentation or instructions of Company; or (f) damaged by causes beyond the reasonable control of Company, such as a fire, flood or earthquake. The warranties do not apply (a) to consumable parts, such as batteries, that are designed to diminish over time, (b) to cosmetic damage, such as scratches and dents or (c) to defects caused by normal wear and tear and the normal aging of the Product. The warranties extend only to you and do not extend to any other individual or entity. The warranties shall be voided if any serial number shall be removed or defaced.
- Remedy. If during the Warranty Period you submit a valid claim under this warranty to Company, Company will, at its option, (i) repair the Product using new or previously used parts that are like new in performance and reliability, (ii) replace the Product with a device that is at least functionally equivalent to the Product and is formed from new and/or previously used parts that are like new in performance and reliability, or (iii) exchange the Product for a refund of your purchase price. Before receiving warranty service, Company may require you to provide proof of purchase.
- Consumer Law. This warranty gives you specific legal rights, and you may have other rights that vary according to your jurisdiction. Other than as permitted by law, this warranty does not exclude, limit or suspend other rights you may have. For a full understanding of your rights you should consult the laws of your jurisdiction.
- Disclaimer. Except as expressly set out herein, Company does not make any representations or warranties and expressly disclaims all other warranties (including any implied or statutory warranties), including without limitation any warranties of merchantibility, fitness for a particular purpose, title or non-infringement or any other warranties arising by statute, operation of law, course of dealing or performance, or usage of trade. Some jurisdictions do not allow disclaimers of implied warranties, so this disclaimer may not apply to you.
- Software, Intellectual Property. As between the parties, Company owns all right, title and interest in the intellectual property rights in the Product, including all software therein. You shall not, nor shall it allow any third party to: (a) modify or create derivative works from any software in the Product; or (b) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for any software in the Product; or (c) circumvent any access protection or security mechanism of the Product or (f) remove, obscure or alter Company’s copyright notices, trademarks or other proprietary rights notices affixed to or contained on or within the Product. If you provide any feedback in respect of the Product, Company shall have the right to use such feedback in any manner and or any purpose, all without notice to, payment of or consent from you. Use of the Product may require a mobile application, to be downloaded separately by you, and which may be subject to your agreement to a separate end user license agreement.
- You may not assign or transfer this Agreement or any of your rights or obligations hereunder without Company’s prior written consent. This Agreement will be construed in accordance with the laws of the State of Israel, and the parties consent to the exclusive jurisdiction of the competent courts in Tel Aviv, Israel with respect to any disputes arising hereunder. Notwithstanding the foregoing, either party may seek an injunction or other equitable relief to protect its intellectual property or confidential information in any court of competent jurisdiction. Company may provide any notification required hereunder to the email address you provided as part of the pre-order registration.