Pre-Order Sale Terms & Conditions
Last update: September 12, 2024
Introduction
These Pre-Order Terms and Conditions (“Terms”) govern the pre-order purchase of the AI-powered wearables (the “Product”) from Phantom Technology Limited, a company registered in the St John’s Innovation Centre, Cowley Road, Cambridge, CB4 0WS, United Kingdom (“Company,” “we,” “us,” or “our”). By placing a pre-order, you (“Customer,” “you,” or “your”) agree to these Terms and Conditions.
1. Pre-Order Overview
A Pre-Order is the process by which Customers can reserve and purchase the AI-powered wearables (“Product”) prior to its official release and availability for general sale. By placing a Pre-Order, the Customer acknowledges and agrees that the Product is not yet available for immediate delivery and while we estimate shipping to begin by 30th March 2025, this date may be subject to change. Pre-Order(s) will be available to Customers in the United States, Europe, Canada, and Israel. Customers who place a Pre-Order will secure their Product and receive it once production and shipping commences, in accordance with the terms and conditions outlined in this policy.
2. Payment Terms
Pre-orders require full payment at the time of purchase. This payment covers all applicable taxes and shipping fees, ensuring no hidden or additional costs. Accepted payment methods include credit cards and Stripe, providing secure and convenient processing options for our Customers. Please note that any optional features or additional services associated with the Product may incur additional charges, which will be communicated after the Product is released.
3. Confirmation and Contract Formation
Once your Pre-Order is successfully placed, you will receive an email confirmation with your order number. A binding agreement is formed when your payment is processed and confirmed by us.
4. Shipping and Delivery
The anticipated shipment date for the Product is 30th March 2025; however, this date is an estimate and may be subject to reasonable delays due to factors beyond the Company’s control, including but not limited to production or logistical challenges. The Company will endeavour to notify Customers promptly of any such delays.
Delivery will be available to the countries specified in these Terms, and shipping will be facilitated through a third-party logistics provider. Upon dispatch, the risk of loss or damage to the Product transfers to the shipping provider, and the Company assumes no further responsibility for the condition of the Product during transit. Any claims for damage or loss must be directed to the shipping provider in accordance with their terms and conditions.
The Company will not be liable for any failure to deliver the Product within the estimated time frame where such delay is attributable to circumstances outside its reasonable control. Customers shall not have any right to claim any damages or cancel the order based solely on a delayed delivery, except as otherwise provided in Section 5 regarding refunds for significant delays.
5. Cancellation and Refunds
You may cancel your Pre-Order at any time before the Product is dispatched by submitting a cancellation request to contact@phantomtech.io. A full refund will be provided, as long as the cancellation is requested prior to the confirmation of dispatch. Once the Product has been dispatched, cancellations will no longer be accepted. All refund requests will be handled in accordance with our return and refund policy.
6. Product Availability and Changes
In the event that the Product becomes unavailable or production is halted, the Company will issue a full refund to the Customer. The Company reserves the right, at its sole discretion, to modify or alter the design of the Product, provided that such changes do not materially impact the core functionality of the Product. Pre-Order cancellations are permitted only prior to the dispatch of the Product. Once the Product has been dispatched, cancellations will no longer be accepted.
7. Warranty and Support
The Product will be covered by a warranty, the terms of which will be provided upon its release. For any warranty claims, including repairs, replacements, or refunds, please contact us through the details provided on our website.
8. Software and Updates
The Product may require the installation of a companion app ("hub app") for optimal use. Instructions for downloading and installing the hub app will be included with the Product. Any necessary software updates will be communicated to you accordingly.
9. Data Collection and Privacy
During the Pre-Order process, we collect personal information including your name, email address, shipping details, and payment information. This data is necessary for processing your order and ensuring timely delivery.
We are committed to protecting your personal information and handling it with care. While we are currently finalising our comprehensive privacy policy, please be assured that your data will be used solely for the purpose of processing and fulfilling your Pre-Order and will be managed in accordance with applicable data protection laws.
For any questions about how your data is managed or for further information, please contact us at contact@phantomtech.io.
10. Third-Party Involvement
To facilitate payment processing and delivery, we partner with third-party providers. Payments are processed through Stripe, a secure payment gateway. Shipments are managed by a third-party courier service, selected to ensure efficient and reliable delivery.
While we collaborate with reputable partners, please be aware that we are not responsible for delays or issues caused by these third parties. Any concerns related to payment processing or delivery should be addressed directly with the respective third-party service. We will, however, assist in resolving any issues to the best of our ability.
11. Governing Law and Dispute Resolution
These Terms and Conditions are governed by and construed in accordance with the laws of the United Kingdom. Any disputes arising out of or in connection with these Terms, including those related to the Pre-Order process, shall be resolved through email communication with our Customer support team.
In the event that a resolution cannot be achieved through email correspondence, any disputes arising out of or in connection with these terms shall be referred to and finally resolved by arbitration. The arbitration shall be conducted by a sole arbitrator in accordance with the rules of the London Court of International Arbitration (LCIA). The seat of arbitration shall be London, and the decision of the arbitrator shall be final and binding on the parties.
12. Communication and Updates
You will receive regular updates regarding your Pre-Order via email. These updates will include information on production status, estimated shipping times, and any significant changes to your order. We strive to keep you informed throughout the Pre-Order process to ensure a smooth and transparent experience.
13. Special Offers and Promotions
From time to time, Pre-Order Customers may be eligible for special discounts, promotions, or exclusive offers. Details of any such offers will be communicated to you during the promotion period and will be subject to specific terms and conditions. Please note that these offers may have expiration dates or other conditions, which will be clearly outlined at the time of the promotion.
14. Non-Transferability
Your Pre-Order and any associated rights or benefits are non-transferable and may not be assigned, sold, or otherwise conveyed to any third party without the prior written consent of the Company. Any attempt to transfer or assign the Pre-Order without such consent shall be null and void. The Company reserves the right to refuse to fulfil any Pre-Order that has been transferred or assigned in violation of this clause.
15. Limitation of Liability
To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, or consequential damages arising from the Pre-Order or use of the Product, including but not limited to loss of profits, data, or business opportunities. Our total liability shall be limited to the amount paid by the Customer for the Pre-Order.
16. Force Majeure
The Company shall not be held responsible for any failure to perform its obligations under these Terms due to events beyond its reasonable control, including but not limited to natural disasters, war, terrorism, or government actions. In such cases, the Company will make reasonable efforts to notify Customers and mitigate the impact of such events.
17. Intellectual Property
All intellectual property rights related to the Product, including patents, trademarks, and copyrights, are owned by the Company or its licensors. The Pre-Order does not grant Customers any rights or licenses to use such intellectual property except as necessary to receive and use the Product.
18. Severability
In the event, that any provision of these Terms is found to be invalid, illegal, or unenforceable by a Court of competent jurisdiction. In that case, such provision shall be deemed modified or deleted to the extent necessary to make it enforceable.
19. Amendments
The Company reserves the right to amend these Terms at any time. Any changes will be communicated to Pre-Order Customers via email, and the updated Terms will be effective immediately upon notification. Continued use of the Pre-Order service after such changes constitutes acceptance of the revised Terms.