Pre-Order Terms and Conditions
These Pre-Order Terms and Conditions (“Terms”) govern the placing of pre-orders (“Pre-Order”) with strapSWAP (“we”, “ us”, or “strapSWAP”) for our smartwear products and accessories. Please read these “Terms and Conditions” carefully before submitting your Pre-Order of any strapSWAP Product. By submitting your Pre-Order, you agree to be legally bound by these terms.
1) Pre-Order Reservation
When placing a Pre-Order for strapSWAP 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. strapSWAP shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information.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 info@strapswap.de
You acknowledge and agree that strapSWAP may decline or delay reservations to avoid oversubscription or as it deems appropriate.
2) Payment
You will be charged the full Price of the Product at the time of placing the Pre-Order. If strapSWAP is unable to commence shipping the Products within the specified time period or within the 6 months of your placing the Pre-Order, strapSWAP shall process a full refund to you. By placing of a pre-order you authorize strapSWAP to charge the full amount of the product at the very moment.
3) Priority
strapSWAP 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, the next person on the Product reservation list will take your position. 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. Please consult our website or our newsletter for more information about such events.
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 strapSWAP does not represent or warrant that it will be able to ship the Product by the estimated date. As a result, in the event that a delay arises and the estimated shipment and/or release of the product is not met, strapSWAP 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.
5) Price
The purchase price (“Price”) does not include Custom taxes, which are your responsibility. If the Price drops after you have pre-ordered, we will refund you the difference. 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. To claim a refund for the difference, email us at info@strapswap.de.
6) Cancellation
You may cancel this reservation by terminating the Pre-Order at any time for any or no reason prior to our final notice market as “last call” or within the 3 days of the last call that will mention the status and confirmation of the product delivery. If you do so prior to our notice of delivery, you will obtain a refund of the purchase Price without interest. If strapSWAP cancels your reservation you will receive a full refund of the purchase Price without interest (and you will not pay any processing fee).
7) LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL STRAPSWAP BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT. IN THE EVENT STRAPSWAP 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) Terms and Conditions of Sale
The purchase of the Products is subject to additional terms and conditions provided by strapSWAP, including with respect to any software included in the Products or intellectual property embodied in the Products or data collected by the Products. The current Terms and Conditions of Sale can be found in the footer of strapSWAP website and are subject to change without notice. Your purchase of the Product will be subject to these terms and conditions and the refund policy.
9) Age
You acknowledge that you are at least 18 years old. You acknowledge and agree that strapSWAP will initially focus its service efforts on certain geographical areas, and may expand to other areas as the company grows.
10) Customer Information
We will use any information that we may collect about you only in accordance with our privacy policy.
11) DISCLAIMER
STRAPSWAP DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROTOTYPE PRODUCT DISPLAYED BY STRAPSWAP 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 DIFFERENT 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.
12) Changes to the Terms
strapSWAP 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.
13) Delivery And custom duties
Based on the delivery location strapSWAP will solely decide the dispatching center from one of our following delivery centers:
Germany
India
South Africa
China
Pre-order Products will be directly dispatched from our delivery center in China or India . And by placing the order you agree to make the arrangements of custom clearance as per the custom policies in your home country. If you failed to do so and the product is returned back then you will be entitled for a refund deducting the two-way delivery expenses.
14) Miscellaneous Provisions
Please read strapSWAP general Terms and Conditions of Sale that can be found in the footer. For Pre-Order products Pre-Order Terms and Conditions should be considered final if any of the terms and conditions policies are contradictory between the two.