Pre-order Terms and Conditions
Version 1.0 – February 28, 2018
Marksmanship Technology is accepting pre-orders for AimSteady (a “Product”) from 02/28/18 until an undecided future date (“the Pre-order Campaign”). Pre-ordering a product means that you will pay the full amount of $149 + $10 shipping for your AimSteady device at the time that you make the pre-order, but that the Product(s) will be delivered at a later date (estimated to be August/September 2018). By pre-ordering a Product(s) you represent and warrant that you have read these terms and that you accept that Marksmanship Technology takes the payment for your pre-order when you make the order rather than at delivery of your pre-ordered Product(s).
Each pre-ordered product consists of:
- 1 AimSteady Device
- 1 USB Charging Cable
- 1 Wireless Charging Case
Placing a pre-order
To place a pre-order, simply press the “Pre-Order AimSteady” button. In order for the pre-order to become complete, you need to supply us with the information we request in the order form. The order is placed once you have received confirmation of your order.
Price and pre-order limits
The price for pre-ordering a Product is USD 149 (incl. USD 10 shipping) for US customers. You are responsible for any and all additional customs, taxes and/or fees that may arise from our delivery of your order.
The estimated date for start of shipment of the pre-ordered Product(s) is August/September 2018. This date represents Marksmanship Technology’s best estimate at the time of writing but it is preliminary and subject to change, depending on availability of Products and the location of the customer. AimSteady has, at the point of the Pre-order Campaign, not undergone testing for all necessary certifications. These processes will be performed prior to shipping which may cause adjustments to the shipping date and/or restrictions or limitations with regards to the countries we offer shipping to. Should the outcome of the certification tests negatively affect you, Marksmanship Technology will provide you a full refund. Please contact us with any questions at email@example.com.
Purchases through the pre-order campaign are subject to our general Warranty policy, which can be found here.
Cancelation of pre-orders
Marksmanship Technology reserves the right to refuse an order for any reason. Marksmanship Technology also reserves the right to cancel any pre-order, which we have already accepted. Should an accepted order be canceled, Marksmanship Technology will refund any payments for such order. However, Marksmanship Technology will not be liable for any other damage or costs. An accepted order may be canceled and refunded under (including but not limited to) the following circumstances. a. the Product becomes unavailable; b. your billing information is not correct or not verifiable; c. our security systems flag your pre-order as an unusual order or an order susceptible to fraud; d. your payment is not received within 12 calendar days after we have accepted your pre-order; e. there was any error in the price quoted for your order; f. we are or were unable deliver to the address you provided.
Limitation of liability
IN NO EVENT SHALL MARKSMANSHIP TECHNOLOGY BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THESE TERMS OF PURCHASE OR THE USE OF OR INABILITY TO USE OR DELIVER ANY PRODUCT, EVEN IF MARKSMANSHIP TECHNOLOGY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. MARKSMANSHIP TECHNOLOGY’S AGGREGATE CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS AND THE USE OF, OR INABILITY TO USE, OR DELIVER, ANY PRODUCT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL IN NO EVENT EXCEED THE PRICE PAID BY CUSTOMER FOR SUCH PRODUCT.
MARKSMANSHIP TECHNOLOGY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SHIPMENT DATE OF THE PRODUCT(S). For further warranty information, please see the Warranty.
Neither party shall be liable, for damages nor any other consequences, if the party’s obligations according to these Terms and Conditions, other than the obligation to pay money, are inhibited or delayed by circumstances that the party cannot reasonably control or foresee, including but not limited to, any conflict in the workforce; natural phenomena such as lightning, earthquakes, floods etc.; fire; war; decisions and decrees made by governments or authorities; accidents; strikes or shortages of transportation facilities, fuel, energy, labor or materials; or similar circumstances.
This agreement, together with the herein referenced documents, constitute the entire agreement with regards to the subject matter between you and Marksmanship Technology. It supersedes and merges any prior proposals, understandings and communication. Any modifications to these Terms and Conditions must be made in writing.
Applicable Law and Jurisdiction
Except where otherwise required by the mandatory law of Ireland, or any other member state of the European Union/European Economic Area.
1. these Terms are subject to the laws of Ireland, excluding the law (1987:899) of international purchases (the UN Convention on Contracts for the International Sale of Goods; CISG) and excluding the principles of conflict of laws (international private law), and
2. You hereby agree, and Marksmanship Technology agrees, that disputes arising in connection with this agreement shall be resolved by arbitration, administered by the Chartered Institute of Arbitrators, Ireland. The arbitration shall take place in Dublin. The arbitration shall be held in English.
3. You and Marksmanship Technology waive all right to trial by jury, and the right to participate in a class action or multi-party law-suit. Both You and Marksmanship Technology acknowledge that each can bring claims against the other only in Your or our individual capacity, not as a class member or in any capacity or proceeding of a representative.
The foregoing provisions of this Applicable Law and Jurisdiction section do not apply to any claim in which Marksmanship Technology seeks equitable relief of any kind.
This agreement is entered into between you and Marksmanship Technology ( Marksmanship Technology Ltd.). Marksmanship Technology reserves the right to fulfill our obligations according to this agreement through any subsidiary, parent or otherwise affiliated company, without notice to you.
If you have any questions regarding these terms or otherwise, please contact Customer Care by e-mail firstname.lastname@example.org.