The following terms and conditions (“Terms”) apply for all pre-orders. When placing a pre-order you have understood and accepted these Terms.
The completion of our product development process and successful shipping of all pre-buy orders is depended on sufficient backing from our pre-order campaign and fundraising process. Hence, OMATA cannot guarantee that the products will be delivered in all cases. If we are unable to deliver, you will be entitled to reimbursement of your payments in accordance with section 2 in these Terms.
These Terms have priority in case of contradiction with any other terms, descriptions, agreements or understandings between you and OMATA. OMATA explicitly rejects any terms deviating from the following Terms unless otherwise is agreed and confirmed in writing.
1. PRE-ORDERS, PAYMENT AND DELIVERY
The prices for pre-orders are stated on the OMATA website. OMATA reserves the right to change prices at any time.
Complete payment is due upon placing the order. Shipping costs are included in the purchase price, though the method of shipping will be chosen at OMATA’s discretion. Additional costs for customs duties, value added tax (VAT) and other fees or taxes in the country of destination may apply.
The products are assembled in Finland. The products are shipped directly from the manufacturing plant via a 3rd party warehouse and then to the country and address of destination given to us in the pre-order.
Estimated time for shipping is stated in the order confirmation. Please note that the estimated time for shipping is only an estimate and may change. OMATA will keep you duly noted on any changes affecting the delivery of your products.
2. CANCELLATION OF PRE-ORDERS
You may cancel the pre-order until you receive notification of shipment from OMATA. OMATA will notify you at least 14 days prior to the shipment date. OMATA will strive to reimburse your complete payment for the pre-order within six weeks after your cancellation. Please note, however, that the funds raised with your pre-order may be partially invested in product development. Delivery is contingent on sufficient funds to complete the development of the products. Hence, OMATA cannot guarantee that you will receive a full refund in all cases as the funds raised by your pre-order may be lost, either fully or partially.
OMATA may cancel your order before the shipment date at OMATA’s own discretion. OMATA will reimburse all your payments in the event of such cancellation.
3. DESCRIPTION OF THE PRODUCT
OMATA strives to provide a complete and accurate description of the products offered. Nevertheless, OMATA cannot guarantee a complete resemblance between the illustration material, such as pictures, videos and written descriptions, and the actual products.
OMATA also reserves the right to change and modify the product specifications, such as storage capacity, battery capacity, weight, material selection, form, color and other physical dimensions and technical specifications in the period up to the shipping date. An updated and final product specification will be available at least 14 days prior to the shipping date.
4. RETURN OF DEFECTED AND NON-CONFORMING PRODUCTS
OMATA warrants you a product without defects in conformance with OMATA’s strict quality policy for a period of one year after you received the products, or for the period prescribed by mandatory law in your country, whichever is longer.
You are responsible for inspecting the products upon delivery. If the products are defected or non-conforming, you shall notify OMATA without undue delay. When filing a complaint, please indicate the transaction number (“transaction number”) of your pre-order found on the pre-order confirmation email received at time of ordering, contact information (name and address) and reason for return.
OMATA disclaims any liability for non-conforming products due to improper use of the products. Such improper use includes but is not limited to damage caused by the products being dropped on solid objects such as floors or asphalt. Improper use also includes modifications, reengineering, copying and other changes to the software in breach of OMATA’s intellectual property rights in accordance with section 10.
In the event of a return or repair in accordance with these Terms, the product will be repaired or replaced by OMATA and according to our designated return process. All costs, including shipment costs, are covered by OMATA if the process is followed correctly. To initiate such a process, you must contact OMATA customer support at email@example.com for instructions.
5. THE RIGHT OF WITHDRAWAL (FOR EUROPEAN ECONOMIC AREA CONSUMERS ONLY)
The product shall be shipped back to OMATA within 14 days after the notice has been given. The purchase price and all other costs connected to the order will be reimbursed by OMATA. However, you are responsible for covering the return shipment costs to OMATA.
To exercise the right to withdrawal under this provision, you may use the standard form for withdrawal attached to these Terms. If not using the form, please indicate the transaction number, contact information (name and address) and reason for withdrawal (optional). All communications are sent electronically to firstname.lastname@example.org.
If not using the right to withdrawal, you may only return products that are defected or non-conforming in accordance with section 4 of these Terms.
6. LIMITATION OF LIABILITY
OMATA SHALL IN NO EVENT BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOSS OF REPUTATION, LOSS OF GOODWILL, INDIRECT, INCIDENTIAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE OF ANY PRODUCTS OR SERVICES BY OMATA OR THE USE THEREOF WHETHER OR NOT SUCH DAMAGES ARE BASED ON TORT, WARRANTY, CONTRACT OR OTHER LEGAL THEORY, EVEN IF OMATA HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITIES OF SUCH DAMAGES. OMATA’S AGGREGATE AND CUMULATIVE LIABILITY TOWARDS YOU SHALL NOT EXCEED THE AMOUNT RELATED TO THE PAYMENT OF THE PRE-ORDER.
YOUR CLAIM FOR DAMAGES MUST BE NOTIFIED TO OMATA WITHIN NINETY (90) DAYS OF THE DATE OF THE EVENT GIVING RISE TO ANY SUCH CLAIM, AND ANY LAWSUIT RELATIVE TO ANY SUCH CLAIM MUST BE FILED WITHION ONE (1) YEAR OF THE DATE OF THE CLAIM.
YOU AGREE TO INDEMNIFY AND HOLD OMATA, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS AND ADVISERS, HARMLESS FROM ANY AND ALL CLAIMS, INCLUDING BUT NOT LIMITED DAMAGES, LEGAL FEES, COST AND EXPENCES, FROM THIRD PARTIES ARISING IN CONNECTION WITH THE PRE-ORDER.
9. FORCE MAJEURE
If either OMATA or you are prevented from performing any of the obligations under these Terms due to an exceptional event beyond OMATA’s or your control, which could not reasonably have been foreseen before accepting these Terms, the non-performing party shall give immediate notice to the other party that a force majeure event has occurred. The non-performing party is not liable for any lack of performance caused by a force majeure event.
A force majeure event may be but is not limited to war, terrorism and natural disasters such as earthquakes, drought and floods.
10. INTELLECTUAL PROPERTY RIGHTS
OMATA has the exclusive and worldwide right to all intellectual property rights related to the products included in the pre-order, whether patentable or not and whether registered or not. This includes but is not limited to the construction, methods, concepts, design, source code, software logs, interface design and trademarks.
You are awarded a non-exclusive, revocable and limited license to use the products and accompanying software. The software is for you own personal use. You may not copy, modify, upload, distribute, transfer, sublicense, lease, lend or rent the software to any third party.
11. PERSONAL DATA
If any part of these Terms is found to be invalid due to mandatory statutory law or a final legal judgment, it shall only affect those parts found to be invalid. The remaining parts of the agreement will still be enforceable.
13. GOVERNING LAW AND LEGAL VENUE
These Terms are governed by the laws of the USA. Any dispute that is not solved amicably shall be resolved by judicial mediation. If judicial mediation fails, you agree to Los Angeles Superior Court as legal venue.
14. ALTERNATIVE DISPUTE RESOLUTION (FOR EUROPEAN ECONOMIC AREA CONSUMERS ONLY)
If you are a consumer within the European Economic Area (EEA), you may in lieu of law suit file a complaint to an alternative dispute resolution mechanism in your own country through the European Union Online Dispute Resolution portal.
The right of withdrawal form (for European Economic Area customers only)
Fill out this form and return it to OMATA if you want to revoke your pre-order. Please send it to email@example.com
I/we hereby wish to revoke the following pre-order order:
[fill in transaction number]
The order was received [fill in date]
Your name and address:
[fill in name] [fill in address]
Reason for revoking the order (optional):
[fill in today’s date]