These Pre-Order Terms and Conditions (these “Terms”) govern the placing of pre-orders (“Pre-Order”) with TITAN Mixer Bottle LLC, a Ohio Limited Liablity Company (the “Company”) for the Products (as defined below). Please read these Terms carefully before submitting your Pre-Order of any TITAN Mixer Bottle Products. By submitting your Pre-Order, you agree to be legally bound by these terms.
1. Pre-order registration.
When placing a Pre-Order for the 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. Company shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information.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 will be charged at the time of placing the order. If the Company is unable to commence shipping the Product on or before the one-year anniversary of your placing the Pre-Order, the Company shall process a full refund to you. All Pre-orders are handled through the following gateways: Visa, Master Card, American Express, PayPal and others as made available from time to time by the payment gateway provider. Your placing of a preorder constitutes your express agreement to the company charging of your provided payment method at such time. The purchase price does not include import duties, taxes and other government charges, which are your responsibility..
Products are expected to be ready to ship in June, 2016 subject to reasonable delays in manufacturing and/or delivery. Such date is only an estimate, is subject to change, and Company 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, TITAN Mixer Bottle 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. The Products will be shipped in the order in which your Pre-Order is received by the Company.
4. No cancellation/refund.
Once you place your order, your order is final, noncancelable and nonrefundable, except as specified in these terms and the applicable terms of sale.
5. Terms and conditions of sale.
The purchase of the Products is subject to additional terms and conditions provided by Company. The current Terms and Conditions of Sale can be found here http://www.titanmixerbottle.com/pre-order-terms and are subject to change without notice. Your purchase of the Product will be subject to these terms and conditions and the refund policy
If you provide information for the Pre-Order of the Products, Company will not use such information except as necessary or helpful to fulfill your order or as expressly set forth herein. Company will not provide such information to third parties except as set forth herein. Company may use provided information to create aggregate data that does not identify any specific individual or entity, and provide such aggregate data to its commercial partners on terms of its choosing.
Company may use third parties to process any provided information, even if such third parties are not located in your jurisdiction, so long as such third parties are subject to standard confidentiality arrangements. If permitted under law, Company may use contact information that you provide to occasionally send you emails or other communications concerning the Products or other products of the Company.
Except as expressly provided in the company’s terms and conditions of sale and to the maximum extent permitted by applicable law, the products are provided “as is” and “as available”, with all faults and without guaranteed warranty of any kind, and company hereby disclaims all warranties and conditions with respect to the products, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third party rights.
8. Limitation of liability.
To the extent not prohibited by applicable law, in no event shall company be liable for personal injury, or any incidental, special, indirect, or consequential damages whatsoever, arising out of or related to your use of or inability to use the product, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if company has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall company’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of your pre order. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
9. Force majeure.
Neither party shall be liable to the other for any failure to perform their obligations due to an event beyond the control of such party, including, but not limited to, any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of that party’s control, which causes the termination of an agreement or contract entered into, or which could have been reasonably foreseen. Any party affected by such event shall inform the other party and shall use all reasonable endeavors to comply with these terms and conditions.
10. Entire agreement, controlling law and severability.
These Terms will be governed by and construed in accordance with the laws of the State of Ohio, excluding its conflict of law principles. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. 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. This Agreement represents the entire agreement governing your Pre-Order of the Products and any prior agreements have no force or effect.