Pre-order Terms and Conditions
Pre-order Terms and Conditions (hereafter referred to as “the Terms”) refers to the agreement established between you (or “user”, as identified by your purchase, registration or login, whether you are an individual or enterprise) and Pebby (hereafter referred to as “Pebby”) and its affiliates in relation to the operation of the website (www.getpebby.com) (referred to simply as “the website”) and the pre-order of Pebby products and other accessories (“the pre-order products”).
These Pre-Order Terms and Conditions (“Terms”) govern the placing of pre-orders (“Pre-Order”) with Pebby products and other accessories (“the pre-order products”). Please read these Terms carefully before submitting your Pre-Order of any Pebby Products. By submitting your Pre-Order, you agree to be legally bound by these terms.
1. Pre-order Reservation
When placing a Pre-Order for Pebby 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 you shall ensure that such information is kept current. Pebby shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information.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 firstname.lastname@example.org.
You acknowledge and agree that Pebby may decline or delay reservations to avoid over subscription or as it deems appropriate, provided that we will make efforts to inform you within 1 month prior to expected delivery date.
2. Payment and Refunds
You will be charged the full Price of the Products at the time of placing the Pre-Order. If Pebby is unable to commence shipping the Products on or before the one-year anniversary of your placing the Pre-Order, Pebby shall process a full refund to you. Allow 30 business days from date of request for full refund to be processed. Your placing of a pre order constitutes your express agreement to Pebby of charging the full Price of the Products at such time.
Pebby will build Products according to the order in which the Pre-Order is received. This position does not imply receiving a particular number associated with your Products. If you cancel or forfeit your reservation in accordance with the terms of this Agreement, your position will be taken by the next person on the Product reservation list. Notwithstanding the foregoing, you acknowledge and agree that we may need to build and use Products for a variety of purposes, such as in-house and third-party testing, evaluation, and display prior to fulfilling Product reservations. Furthermore, we may in our discretion prior to fulfilling Product reservations offer for sale to the public (for instance, by auctioning off) a limited number of Products.
4. Delivery Schedule
Although we will make efforts to begin delivering Products as soon as reasonably practicable, you understand and agree that there may be delays. An estimated time of delivery (ETD) is only an estimate, is subject to change, and Pebby does not represent or warrant that it will be able to ship the Product by the estimated date. At present the ETD is 31st July 2018. As a result, in the event that a delay arises and the estimated shipment and/or release of the product is not met, Pebby is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. We will provide you periodical updates with respect to such delivery schedule. If for any reason you decide that you do not wish to continue to wait for your Product, you may cancel your reservation as provided for in Section 6 below.
The purchase price (“Price”) does not include taxes and other government charges, which are your responsibility. 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.
You or Pebby may cancel this reservation by terminating the Pre-Order at any time for any or no reason prior to our notice to you that your Product is ready for delivery. If you do so prior to our notice of delivery, you will obtain a refund of the purchase Price without interest. If Pebby cancels your reservation you will receive a full refund of the purchase Price without interest.
7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL Pebby BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT. IN THE EVENT Pebby 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.
8. Customer Information
Pebby DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROTOTYPE PRODUCT DISPLAYED BY Pebby 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. IF FOR ANY REASON YOU ARE UNHAPPY WITH THE FINAL VERSION OF THE PRODUCT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO CANCEL YOUR PRE-ORDER AS DESCRIBED IN SECTION 6 ABOVE.
10. Changes to the Terms
Pebby reserves the right to change any of the terms for any or no reason. We will provide notice of any material changes and, if you are unhappy with such changes, your sole and exclusive remedy will be to cancel your reservation as described in Section 6 above.
11. Miscellaneous Provisions
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. This Agreement shall be governed by and shall be construed in accordance with the laws of the country of Singapore at the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of arbitration shall be Singapore. The arbitration panel shall consist of [one (1)] arbitrator and the language of the arbitration shall be English.