The effective date of these Terms is April 1st 2016. These Pre-Order Terms and Conditions (“Pre-Order Terms”) as contained herein govern the placing of pre-orders (“Pre-Order”) with Blocks Wearables Inc., a Delaware corporation (the “Company”) for the Products (as defined herein). By submitting your Pre-Order, you agree to be legally bound by these Pre-Order Terms. Please read these Pre-Order terms carefully before submitting your Pre-Order for any 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 true, and you shall ensure that such information is kept current. The Company is not responsible or liable for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information.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 [email protected]
The available Pre-Order products are the Blocks’ smartwatch and its modular components. The Company reserves the right, at its discretion, to allow the Pre-Order of other Blocks labelled products as available from time-to-time.
You will be charged the full Price of the Product(s) at the time of placing the Pre-Order. If the Company is unable to commence shipping of the Product(s) on or before the one-year anniversary of placing the Pre-Order, if desired the Company shall process a full refund to you. All Pre-Orders are handled through the Tilt/Open payment gateway. Accepted methods of payment are Visa, Master Card, American Express in addition to other methods as may be made available from time-to-time by the payment gateway provider. Your placing of a Pre-Order constitutes your express agreement to the Company of charging the full Price of the Product(s) at such time. The purchase price does not include import duties, taxes and other government charges.
Although the Company will make every effort to begin shipping Products as soon as reasonably practicable, you understand and agree that there may be delays. An estimated time of delivery (ETD) is therefore subject to change, and the Company does not represent or warrant that it will be able to ship the Product by the ETD. In the event of a delay, the Company is not responsible for any damages that may occur as a result, nor shall it be obligated, except as set forth in these Pre-Order Terms, to provide any discounts, refunds or credits due to any such delays. Products will be shipped in the order in which Pre-Orders are received by the Company. We will provide you updates with respect to such a delivery schedule.
The purchase price ("Price") does not include taxes and other government charges. If the Price goes up, your order is secure at the low Price. The Pre-Order Price is valid from the moment you place the Pre-Order right up to 10 days after you receive the item. If the Price of the products contained in a Pre-Order should decrease after a Pre-Order is submitted, the Company will refund the difference, provided that the customer notifies the Company of the price discrepancy within 10 days. To claim a refund for the difference, send an email to [email protected]
At its discretion, the Company may cancel your Pre-Order at any time. You will receive a full refund of the purchase Price exclusive of interest.
A refund may be requested by you within ten (10) days of placing your order(s). A refund may be requested by notifying the Company at [email protected] The Company is not responsible for any additional charges that may be incurred during the refunding process. Any refunds, if paid, are exclusive of interest. Please note that processing a refund may involve the services of a third party. The Company will refund customers within a reasonable amount of time, pursuant to any Terms and Conditions it is subject to with any such third party.
THE COMPANY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROTOTYPE PRODUCT DISPLAYED BY THE COMPANY 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. Limitation of Liability To the extent not prohibited by applicable law, in no event shall the Company, or its subsidiaries and affiliates, 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 Products, however caused, regardless of theory of liability (contract, tort, or otherwise) and even if the Company has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. IN THE EVENT THE COMPANY 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 PURCHASE PRICE WITHOUT INTEREST. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
The Company reserves the right to change any of the terms for any or no reason and will provide notice of any material changes.
These Pre-Order Terms will be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflict of law principles. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Pre-Order Terms shall continue in full force and effect. 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.