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Terms of Sale

The effective date of these Terms of Sale is April 1st 2016.

Please read carefully the following provisions of these Terms of Sale (“Terms”). This is a legal agreement between you and Blocks Wearables Inc., a Delaware corporation (“Blocks”) regarding the purchase of Blocks products through its online and/or mobile services or website. By using the services for purchase, you acknowledge that you have READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY FUTURE MODIFICATIONS, and comply with the Privacy Policy.

In its discretion Blocks reserves the right to add, remove or modify the Terms and Conditions at any time. It is your responsibility to regularly check the Terms and Conditions in the event of any changes.

Through the use of websites and mobile applications, Blocks will offer and make available in its sole discretion its products and services, herein referred to as the Blocks Service, to the general public.

General

Blocks strives to ensure, but does not guarantee, the information provided on its online services, including, but not limited to, web and mobile based services, is complete, accurate and up to date. As such, Blocks make no representation as to the completeness and/or accuracy of any information on its online services.

All features, content, specifications, products, colours and prices of products and services described or depicted through Blocks’ online services are subject to change at any time without individual or advanced notice. Blocks will make all reasonable efforts to accurately display the attributes of its products, including the applicable designs.

Receipt of an email order confirmation does not constitute Blocks’ acceptance of an order or confirmation of an offer to sell a product or service. Blocks reserves the right, without prior notice and in its sole discretion, to limit the order quantity of any product or service, to refuse the service to any customer and/or to refuse access to Blocks online services by any customer. Blocks may require verification of information (such as payment information) prior to the acceptance and/or shipment of any order.

Refund Policy

A refund may be requested by a customer within ten (10) days of placing the order(s) (Please see our ‘Pre-Order Terms & Conditions’ regarding refunding a pre-order). A refund may be requested by notifying Blocks at support@chooseblocks.com. Blocks 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. Blocks will refund customers within a reasonable amount of time, pursuant to any Terms and Conditions Blocks is subject to with any such third party. Blocks will not provide a refund for a return of a product if the request does not comply with the requirements specified herein.

Cancellation

In its discretion, Blocks may cancel a customer reservation at any time. Such customer will receive a full refund of the Purchase Price exclusive of interest, and may receive a refund exclusive of any taxes and governmental charges.

Purchases by Customers

Additional terms and conditions may apply to purchases of services or goods and to specific portions or features of the Blocks’ Website and other online and mobile services, including contests, promotions or other similar features, all of which terms are made a part of these Terms by reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of Blocks online services or for any service offered on or through said services, the latter terms shall control with respect to your use of that portion of online services or the specific service.

Blocks reserves the right to make changes to any products or service offered on all of its websites and mobile applications, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Blocks Service with respect to products and services may be out of date and therefore Blocks makes no commitment to update the materials on the Blocks Service with respect to such products and services.

Pre-Orders may be placed for Blocks products and services in accordance with these terms & conditions and the Pre-Order Terms & Conditions.

Billing and Payment

To the extent that you purchase any services and/or goods from Blocks, you agree to pay for all services and goods ordered from Blocks, except as set forth in writing signed by an authorized representative of Blocks.

You will be expected to provide Blocks with a valid and updated credit card or approved purchase order information and with accurate billing and contact information. By providing credit card or other authorized payment method information to Blocks, you authorize Blocks, or a credit card processor of its choosing to bill such credit card or to make such changes as applicable. If Blocks, in its sole and absolute discretion, permits you to make payment using a method other than a credit card or other authorized payment method, Blocks will invoice you at, or within a reasonable period of, the time of the purchase request. All amounts invoiced here under shall be due within thirty (30) days of the date of the invoice.

Disclaimer of Warranties

Except where expressly provided otherwise by blocks, the blocks service is provided “as is,” and is for use as contracted herein. Except for the express warranties set forth herein, blocks hereby disclaims all express or implied representations, warranties, guaranties, and conditions with regard to the blocks service, products and the goods and services associated therewith including but not limited to any implied representations, warranties, guaranties, and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and quality of goods and services except to the extent that such disclaimers are held to be legally invalid. Blocks makes no representations, guaranties or warranties regarding the reliability, availability, timeliness, quality, suitability, truth, accuracy or completeness of the blocks service and the goods, services associated with the blocks service, or the results you may obtain by accessing or using the blocks service and/or the goods, services associated therewith.

Without limiting the generality of the foregoing, blocks does not represent or warrant that (a) the operation or use of the blocks service will be timely, secure, uninterrupted or error-free; (b) the quality of any products, services, information, or other material you purchase or obtain through the blocks service will meet your requirements; or (c) the goods, services, or the systems that make the blocks service available are free of viruses or other harmful components.

You acknowledge that blocks does not control the transfer of data over communications facilities, including the internet, and that the blocks service may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. Blocks is not responsible for any delays, delivery failures, or other damage resulting from such problems. Except where expressly provided otherwise by blocks, the blocks service and the goods, services associated therewith are provided to you on an “as is” basis. Blocks expressly disclaims any warranty related to the quality of goods and/or services and the persons or businesses referenced on the blocks service.

Miscellaneous Provisions

This Agreement represents the parties’ entire understanding relating to the use of the Blocks Service and supersedes any prior or contemporaneous, conflicting or additional, communications. Blocks reserves the right to change these Terms or its policies relating to the Website at any time and from time to time, and such changes will be effective upon being posted herein.

You should visit this page from time to time to review the then current Terms because they are binding. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular portion of the Blocks Service, which may be posted from time to time. Your continued use of the Blocks Service after any such changes and/or postings shall constitute your consent to such changes. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

No joint venture, partnership, employment, or agency relationship exists between Blocks and you as a result of these Terms and Conditions of the Blocks Service. You may not assign this Agreement without the prior written approval of Blocks. Any purported assignment in violation of this section shall be void. The failure of either party to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. In the event of any litigation of any controversy or dispute arising out of or in connection with this Agreement, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by Blocks.

Order Terms and Conditions

These Order Terms and Conditions (“Order Terms”) shall be construed in accordance with all other applicable terms and conditions that govern the relationship between Blocks and you, the purchaser.

Limited Warranty

Blocks warrants the products sold through the Blocks Service against defects in materials and workmanship under normal use for a period of ONE (1) YEAR from the date of retail purchase by the original end-user purchaser (referred to as “Warranty Period”).

So long as you are within this Warranty Period, if a defect arises, and you follow the instructions for returning the product, Blocks will, at its discretion, either (1) repair the product using either new or refurbished parts, (2) replace the product with a new or refurbished product, or (3) refund the purchase price of the product. Any replacement may be, at the option of Blocks, a new or remanufactured product.

If a product is replaced, the replacement product shall assume the remaining warranty of the original product or ninety (90) days from the date of replacement or repair, whichever provides you with longer coverage. This warranty applies only to hardware products manufactured by or for Blocks that can be identified by the “Blocks” trade name, or logo affixed to them and which are sold through the Blocks Service.

This warranty does not apply: (i) to cosmetic damage, including but not limited to scratches, dents and chipped plastic; (ii) defects or damage caused by misuse, accident (including without limitation collision, fire and the spillage of food or liquid), neglect, abuse, alteration, unusual stress, modification, improper or unauthorized repair, installation, wiring, or testing, improper storage or if the serial number has been removed; (iii) to damage caused by operating the product outside the permitted or intended uses described by Blocks; (iv) to any non-Blocks hardware products or any software, even if packaged or sold with Blocks products. (v) to damage caused by use with non-Blocks products.

This warranty gives you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. Blocks’ responsibility for hardware defects is limited to repair or replacement service as determined by Blocks in its sole discretion. All express and implied warranties, including but not limited to any implied warranties and conditions of merchantability and fitness for a particular purpose are limited in to the term of this limited warranty. No warranties, whether express or implied, will apply after the expiration of the Limited Warranty period. Some jurisdictions do not allow limitations on long and implied warranty lasts. So this limitation may not apply to you.

To obtain warranty service for any products that is subject to the foregoing warranty, you must notify Blocks via e-mail at support@chooseblocks.com to obtain a Return Material Authorization (“RMA”) and return the defective product together with proof of purchase to the address specified by Blocks in connection with the RMA.

You are responsible for shipment of the defective product to Blocks. Blocks will pay for return shipping via Blocks choice of courier and shipping method. You are responsible for a redirect or re-ship fee if your product is shipped to you and the address is invalid upon delivery. Blocks is not responsible for packages delivered to an outdated address. If the product is returned to Blocks you will be responsible for additional shipping charges.

Shipping and Delivery

Deliveries may be shipped from multiple locations. While Blocks strives to deliver all orders as quickly as possible, Blocks asks its customers to allow up to four weeks for delivery even though an order may be delivered in quicker time. Please contact Blocks’ customer service team at [email protected]

Blocks reserves the right to use any shipping method it deems necessary although it will try to adhere to your chosen method. Blocks strives to ensure that the ordered product reaches you, however please be aware that Blocks relies upon a third party for delivery services.

A shipping and handling fee is applied to all orders. The shipping and handling cost is a non-negotiable flat rate fee that if you choose an expedited shipping method at an additional cost, your order still has to process through fulfilment. The expedited service starts at the time your package is shipped. Blocks regrets that it cannot ship items to PO Box addresses

All applicable customs fees, taxes and duties are the sole responsibility of the customer. Blocks cannot mark any package(s) as a “Gift” in order to avoid customs and duties fees. Please be aware that at times, customs agents may delay the delivery of some packages at their discretion.

Also, please be aware that Blocks is not responsible for any delays or lost packages due to shipment.

Terms of Purchase

Blocks currently accepts the following online methods of payment: Visa, MasterCard, and other credit cards or payment systems offered by its payment processor of choice. Blocks will not process any credit card or payment information, but merely transmit to its trusted third parties. Should any personal information necessary to fulfil your order change after the time your order was placed (such as billing address, shipping address or phone number) it is your responsibility to contact Blocks with updated information. Your order confirmation will reflect the items ordered and the total amount to be charged.

If your order is returned to Blocks due to being provided incorrect shipping information, you may be subject to a return shipment fee.

Blocks is not responsible for any errors in any offer by Blocks resulting from any technical service malfunction and reserves the right to cancel any orders arising from such errors.