STEM SYSTEM TERMS OF SALE
Updated September 7, 2014
Please read the following terms and conditions of sale carefully before purchasing this Product. By purchasing our Products you acknowledge that you have read these terms of sale and agree to be bound by them. You also acknowledge that you are ordering and paying for a Product that is expected to ship within the next six months (but no guarantee as to when). ALL SALES ARE FINAL AND PRODUCT ORDER IS NON-REFUNDABLE AND NON-CANCELABLE, except for the limited right to cancel for a 30% cancellation fee as set forth below.
1. SCOPE OF TERMS
These terms of sale (“Terms”) apply to all sales and purchases of the STEM System and affiliated supporting items and accessories (the “Product”) offered or sold by Sixense Entertainment, Inc. (“Sixense”). These terms may be amended at any time prior to delivery of the finished Product by posting such changes or amendments on this website (“Site”). “You” or “your” shall be construed as the original purchaser of the Product through the site, “us”, “we” or “our” shall be construed to mean Sixense, and/or its affiliates or assigns.
2. PRODUCT USE AND SPECIFICATIONS
The Product is to be used solely for personal use and as demonstrated and intended, and in accordance with its authorized or accompanying instruction materials. We shall bear no responsibility for any incidents or injuries arising from any misuse of the Product. You are also prohibited from rebranding or attempting to pass the Product off as originating from any source other than Sixense. You further acknowledge and accept that all representations or images of the Product on this site are of a preliminary nature and these items are intended to serve as representative renderings and are subject to change. The finished delivery Product may vary significantly in appearance, dimensions and/or weight. Accordingly, all shipping information based on our current understanding of the properties of the finished Product are best estimates. Actual shipping costs shall be assessed, and collected, at time of shipment. Moreover, all dates for delivery to market constitute time estimates.
3. FINAL SALE AND LIMITED WARRANTY
Upon your placement of an order of the Product, your credit or debit card will be charged. The anticipated ship date of the Product is within six months from the date the order is placed. All purchases are final and non-refundable unless you elect to cancel your order prior to shipment subject to Section 11 below. YOU MAY NOT CANCEL YOUR ORDER ONCE SHIPPED. We extend a six-month one-year limited warranty on the Product commencing from your date of receipt of Product as further specified below. Our warranty is limited solely to those Products utilized exclusively for personal use and the warranty only extends to the original purchaser. Any commercial use of the Product, or use of the Product by arm’s length third parties, shall terminate and extinguish any and all existing warranty rights. Warranty does cover or extend to damage attributable to freight or shipping, improper or abnormal usage, unauthorized repairs, Products used for commercial or rental purposes or display models. This warranty does not cover problems caused by your acts (or failure to act), the acts of others, or events beyond Sixense’s reasonable control. Sixense does not warrant that the use of the Product will be uninterrupted or error free. This limited warranty does not apply to expendable components and is void if the Product serial numbers have been removed. Certain jurisdictions may require different warranty terms, and in such instances, the foregoing warranty will be extended to comply with applicable laws.
4. REMEDY FOR BREACH OF WARRANTY
Sixense will repair or replace an eligible Product that is returned to Sixense within the six-month warranty term as described in the warranty procedures section below. If Sixense cannot repair or replace it, Sixense will refund the amount shown on your receipt for the Product, but you must return the Product and any associated materials to Sixense with proof of purchase to obtain a refund. These are your only remedies under the limited warranty described herein.
5. NO OTHER WARRANTIES
The limited warranty is your only warranty from Sixense. To the extent permitted by law, Sixense and its suppliers give no other express warranties, implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement or other guarantees. If applicable law gives you implied warranties or guarantees despite this exclusion, your sole remedies are described in section 4 above, and to the extent permitted by applicable laws, are limited in duration to one year as described in this agreement.
6. PROCEDURES FOR WARRANTY
To process a warranty claim please send an email to firstname.lastname@example.org. You may be required to provide proof of purchase to validate your claim. You are responsible for properly packing and labeling any warranty Product returns for shipment to Sixense. You are required to pay shipping/handling costs for warranty Product returns. Sixense reserves the right to change its warranty terms and procedures from time to time.
7. LIMITATION OF LIABILITY
Sixense’s total aggregate liability based upon any legal claim shall be limited to the cost of the Product and shall only extend to the original purchaser’s personal use and as further described in Section 4. By consenting to these Terms, you expressly agree that Sixense will not be liable for any consequential, incidental, indirect or special damages to the extent permitted by law.
8. APPLICABLE LAW
These Terms shall be governed exclusively by the laws of the State of California without regard to its conflict of law rules. The parties specifically waive application of the U.N. Convention of Contracts for the international sale of goods.
9. DISPUTE RESOLUTION
You agree that all disputes, if any, shall be initially subject to mediation to occur in Los Gatos, California. In the event mediation is not successful, you consent to the exclusive jurisdiction of the state and federal courts located in and for Santa Clara County, California.
Where the Product supplied includes software (the “Software“), the Software is licensed by us or by the relevant licensor/owner subject to the relevant end-user license agreement or other license terms included with the Product or referenced accordingly. Software is provided “as is” without any warranties, fitness for purpose or non-infringement. You are advised to refer to the license terms, if any, for further information regarding the license and use of the Software.
11. CANCELLATION OF ORDERS
All prospective orders by you shall be treated as a binding commitment to purchase. You may not modify or cancel your order except as specified in this Section 11. For any order placed on or after September 7, 2014, you may elect to cancel your order for Products at any time prior to the date Sixense ships the Products to you. In order to cancel, you must send an email to: email@example.com specifying the order number and your intent to cancel. Sixense will refund your order to the original form of payment, less a 30% cancellation fee. If for any reason, it is not possible to refund your payment for the cancelled order to the original form of payment, Sixense will use reasonable efforts to find an alternative method to refund the payment.
In the event there is a shortage of Product, failure to deliver, or any damage to the Product in transit, our liability shall be limited to the Product’s replacement value in accordance with section 7 of these Terms.
13. TAXES AND DUTIES
If any government or other authority is required for the acquisition of the Product, you shall obtain such license or consent at your own expense, pay lawful taxes, VAT, or tariff, if any, accordingly, and produce reasonable documentation verifying compliance of same to us on demand. You shall meet any additional expenses or charges incurred by us resulting from such failure.
These terms supersede any and all prior negotiations or agreements, oral or written, between you and us, if any, and represent the entire terms of sale and agreement between the parties regarding the subject matter hereof. Any modification or amendment of this agreement must be in writing and signed by authorized representatives of each party.
If any court of competent jurisdiction holds that any provision or portion thereof of these Terms is illegal, invalid, or enforceable, the remaining provisions of the Terms will not be affected or impaired and shall remain in full force and effect.