These Pre-Order Terms and Conditions (these "Terms") govern the placing of a pre-order ("Pre-Order") with Anvy Technologies Inc. ("Anvy Technologies", "we" or "us") for Sepura Home. Please read all of these Terms carefully before submitting your Pre-Order. By submitting your Pre-Order, you agree to be legally bound by these Terms.
1. No Obligations
Each Pre-Order you submit for Sepura Home acts as the full purchase of Sepura Home. If the shipping address you provided is outside of Canada and the U.S.A., we reserve the right to cancel your order, upon which a full refund of your order will be given.
These Terms do not constitute an agreement for the sale of Sepura Home and do not include taxes, shipping costs, a firm delivery date, or specific design configuration. To complete the purchase of Sepura Home, you will need to agree to the Final Sales Agreement which will include additional terms and conditions, and taxes.
We may decline Pre-Orders to avoid over-subscription or as we deem appropriate in our sole discretion. If your Pre-Order is declined, you will be notified and your Pre-Order payment will be refunded.
2. Pre-Order Eligibility: Age and Residency; Entity Pre-Orders
You must be at least 18 years of age and a resident of the United States or Canada to Pre-Order Sepura Home. If you are pre-ordering Sepura Home on behalf of a company, organization or entity ("Entity") located in the United States or Canada, you represent and warrant that you have the authority to bind that Entity to these Terms and such Entity agrees to be bound by these Terms.
When placing a Pre-Order for Sepura Home, 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. Anvy Technologies shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information.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 email to email@example.com.
You will be charged a fee of $340 (USD) (the "Pre-Order Purchase") when you place your Pre-Order with us. This Pre-Order Purchase will be applied to the balance owed on the Final Sales Agreement between us. Placing a Pre-Order with us constitutes your express agreement to be charged the Pre-Order Fee using your provided payment method.
5. No Guarantee of Shipping Date
Sepura Home will be produced for you in the future and your priority will be set by the date of payment on your Pre-Order. The actual date for shipping for any accepted Pre-Order will depend on a variety of factors, including the date of payment on your Pre-Order, our manufacturing schedule, and the execution of the Final Sales Agreement. There is no guarantee as to shipping date based on your Pre-Order.
You can cancel your Pre-Order and receive a full refund at any time by sending an email to firstname.lastname@example.org from the email address you used to make the pre-order.
8. Entire Agreement, Modification and Severability
We reserve the right, at our discretion, to change these Terms at any time. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms shall continue in full force and effect and the unenforceable provision shall be deemed to be modified solely to the extent necessary to make it enforceable. This Agreement represents the entire agreement governing your Pre-Order.
You may not assign your rights under these Terms (or your Pre-Order) without our express prior consent.
10. Limitation of Liability
UNDER NO CIRCUMSTANCES WHATSOEVER, SUBJECT ONLY TO THE LIMITS OF APPLICABLE LAW, SHALL ANVY TECHNOLOGIES BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST PROFITS, LOSS OF BUSINESS OR LOSS OF OPPORTUNITY, REGARDLESS OF THE BASIS OR CIRCUMSTANCES OF ANY CLAIM, DAMAGE, LOSS OR EXPENSE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY CLAIMS, DAMAGES, LOSSES OR EXPENSES.
IN THE EVENT THAT WE ARE HELD LIABLE FOR ANY CLAIMS, DAMAGES, COSTS OR EXPENSES UNDER, ARISING OUT OF, OR WITH RESPECT TO THESE TERMS OR YOUR PRE-ORDER, OUR LIABILITY SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT OF YOUR PRE-ORDER FEE.
11. Applicable Law and Class Action Waiver
These Terms and Conditions, its subject matter and its formation, and any related non-contractual disputes or claims, are governed by the laws of the Province of British Columbia and the laws of Canada. Anvy Technologies and you agree that as to any controversy or claim arising out of or relating to these Terms and Conditions, British Columbia law shall govern and British Columbia, Canada will have jurisdiction and all proceedings shall take place in Victoria, British Columbia, Canada.