2. Please read carefully the following Purchase Terms, which together with IOBIONICS INC’s Terms of Service (referred as, the “Terms“), constitute a binding agreement between you, the user who uses our Services (“You”), and us. By accepting these Terms or by accessing or using the Services, you signify your agreement with these Terms. If you do not agree to these Terms, you may not access or use the Services.
3. Ordering the Product. Before requesting to order the Product, you agree to provide us with certain information, including, but not limited to, your name, date of birth, shipping address, place of residence (if different from shipping address), billing address (if different from shipping address), your email address, phone number and any other information we may reasonably require before placing a request to order the Product. You represent and warrant that you will only use the Product in accordance with the Terms.
4. Confirmation or Rejection of Order Request. We will use our best efforts to fulfill all orders for the Product. However, we do not guarantee the availability of the Product at the time of your requested order. By clicking “confirm” on the order confirmation page of the Website, you agree that you are requesting an order, which we will then confirm or reject. By placing a request for an order, you authorize us to charge the purchase price (including applicable taxes, fees, customs duties and shipping costs), of your order against your selected method of payment. If we confirm your order, your Product will be shipped when it is ready according to the shipping option you have selected. If we reject your order, we will notify you via email, and we may either: (1) refund any amounts we have charged against your selected method of payment; (2) or offer you a position on our wait-list for a later shipment, which you may accept or reject, where if you accept such position, we will retain any amounts charged to your selected method of payment. We reserve the right to reject an order or cancel a wait-list position at any time and for any reason.
5. Acceptance, Return and Cancelation. You may cancel your purchase for any reason and return the Product unused, in its original package, and at your own expense, within thirty (30) days of receipt. In order to cancel your order, you must inform us by sending a notice to the following email address: email@example.com of your request to cancel the order. Upon receiving the Product, you are hereby instructed to inspect the Product for any defects, and notify us, without undue delay, of any defects. Your failure to inspect and notify us of defects will result in the Product being deemed irrevocably accepted by you. Should you discover any defect which renders your Product inoperable, or raises a Product discrepancy claim, and you notify us, without undue delay, and in no event, not later than thirty (30) days of receipt, we may, in our sole discretion, choose to send a technician to inspect the Product, or choose to instruct you to return your Product to us at the address specified in the materials shipped with your Product. Upon receiving your returned Product (in case we have instructed you to return the Product), we will inspect it and determine if it is in need of repair, and if so, if it is capable of repair. If it is capable of repair within thirty (30) days, we may elect to: (1) repair the defective Product and send it to you upon completion of repair; or (2) send you a new Product. If the defective Product is incapable of repair within thirty (30) days, we will ship a new Product to you. We will not be liable for any loss or damage to your returned Product, caused during the shipment of the returned Product. You agree that under no circumstances will you send to us a Product in which any controlled substance has ever been present. If you send us a Product in which any controlled substance has ever been present, we will destroy the Product and you shall not receive a new Product or any refund of any amounts paid to us, including, but not limited to the purchase price you paid for Product.
6. Refund. Upon cancelation of your purchase, we will refund any amounts we have charged against your selected method of payment. We will deduct fifteen percent (15%) of the purchase price unless applicable law prohibits such deduction. Notwithstanding Section 10 below, except for said refund amount, you hereby explicitly agree to waive any claim, or demand of any kind or form whatsoever against IOBIONICS, with respect to the cancelation of your order.
7. Delivery and Potential Delays. Delivery of the Product to you, will take up to six (6) months from the time you place an order with us (“Estimated Time of Delivery”, or “ETD”). Although we will make efforts to deliver the Product to you as soon as reasonably practicable, you understand and agree that there may be delays in delivery of the product. An Estimated Time of Delivery is only an estimate, it is subject to changes, and IOBIONICS does not represent or warrant that it will be able to ship the Product by the estimated date. As a result, in the event of a delay in your Product shipment, IOBIONICS is not responsible for any damages that may occur due to such delay, nor shall it be obligated, except as set forth in these Purchase Terms, to provide any discounts, refunds or credits due to any such delay. We will provide you periodic updates with respect to such delivery schedules.
8. Fees. Please note the pricing information published on the Website may not reflect the prevailing pricing. We, at our sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. We may change the fees for our Product, Services or Website, as we deem necessary for our business. We encourage you to check back at our Website periodically if you wish to learn more regarding how we charge for these items.
9. Customs, Duties and Taxes. The customs office of the destination country may impose customs fees, import duties, taxes, and other charges to your international order where applicable. These additional charges required for customs clearance will be on your responsibility. When your order arrives at customs, either our shipper or the customs office, will contact you directly to arrange for the payment of any charges that may be due. Please contact your local customs office for further details.
LIMITED WARRANTY; DISCLAIMERS AND LIMITATION OF LIABILITY
10. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, EXCEPT AS PROVIDED FOR IN THESE PURCHASE TERMS, THE PRODUCT IS SOLD TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND IOBIONICS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN ANY CASE, IOBIONICS DOES NOT WARRANT THAT: (1) THE PRODUCT WILL MEET YOUR REQUIREMENTS; (2) OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) THE PRODUCT WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PRODUCT, THE WEBSITE, THE APPLICATION AND ANY THIRD-PARTY PRODUCTS, GOODS OR SERVICES REMAINS SOLELY WITH YOU.
To the extent required under applicable law to provide Product warranty, IOBIONICS will provide you with a limited Product warranty against manufacturing defects in materials and workmanship, which will commence on the original date of delivery. The period of such limited warranty will be one (1) year, or two (2) years where applicable law requires a longer period, and under no circumstances will such warranty exceed two (2) years. IOBIONICS will repair or replace any part found to be defective at its sole discretion, and/or provide in home services, where applicable, subject to the terms set forth in IOBIONICS’s limited warranty provided to you with the Product.
11. Miscellaneous. These Purchase Terms may not be modified except by a writing executed by the duly authorized representatives of IOBIONICS or pursuant to these Purchase Terms. No other act, document, usage or custom will be deemed to modify or amend these Purchase Terms. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby, and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these Purchase Terms will be deemed to constitute either party as the agent or representative of the other party or both parties as joint ventures or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Purchase Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein will not be considered to be part of the Purchase Terms but are for convenience only. The laws of Canada, excluding any conflicts or choice of law rules, exclusively govern these Purchase Terms. Your use of the Product or the Website may also be subject to other local, state, national, or international laws.
12. Modifications. We may change these Purchase Terms to meet technical, operational and legal changes. We will post a notice about changes made to the Purchase Terms on our Website, and we may send you a notice by email, reasonable time before the changes take effect.
13. CONTACT US. If you have any questions regarding these Purchase Terms, the Product or the Website please contact us at firstname.lastname@example.org.