These Pre-Order Terms and Conditions (these “Terms”) govern the placing of pre-orders (“Pre-Order”) with Privé Alliance, (the “Company”) for the Products (as defined below). 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. Privé Alliance, shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information.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 order being ready for pick by sending an email to firstname.lastname@example.org
You will be charged at the time of placing the order. If the Company is unable to commence fulfilling Product for shipment on or 2 months after 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, and others as made available from time to time by the payment gateway provider. Your placing of a Pre-order constitutes your express agreement to the company charging of your provided payment method at such time.
3. Pick Up.
Products are expected to be ready for pick up at ACROSTICS, 7964 Melrose Avenue, Los Angeles, CA, 90046 on April 15th, 2019, subject to reasonable delays in manufacturing and/or delivery for pickup. Such date is only an estimate, is subject to change, and Privé Alliance, does not represent or warrant that the order will be available for pick-up by the estimated date. As a result, in the event that a delay arises and the estimated release of the product is not met, Privé Alliance 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 made available for pick up in the order in which your Pre-Order is received by the Privé Alliance.
4. No cancellation/refund.
Once you place your order, your order is final, noncancelable, non exchangeable and nonrefundable, except as specified in these terms and the applicable terms of sale.
5. Replacement of Faulty Product.
If you believe any Product you received is faulty, contact Privé Alliance at email@example.com and we will conduct a investigation. You will comply with Privé Alliance’s returns procedures when returning products. Privé Alliance is under no obligation to accept any returns of Products where the defect or fault was caused by you or the defect or fault occurred after pick up. Privé Alliance will ship a replacement Product to you only after receipt of the allegedly faulty Product by Privé Alliance.
If you provide information for the Pre-Order of the Products, Privé Alliance will not use such information except as necessary or helpful to fulfill your order or as expressly set forth herein. Privé Alliance will not provide such information to third parties except as set forth herein. Privé Alliance 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.
Privé Alliance 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, Privé Alliance may use contact information that you provide to occasionally send you emails or other communications concerning the Products or other products of the Privé Alliance.
7. Modification of these Pre-Order Terms and Conditions.
We reserve the right, at our discretion, to change these Pre-Order Terms and Conditions on a going-forward basis at any time. Please check these Pre-Order Terms and Conditions periodically for changes. If a change to these Pre-Order Terms and Conditions materially modifies your rights or obligations, you will be required to accept the modified Pre-Order Terms and Conditions in order for your pre-order to remain valid. Material modifications are effective upon your acceptance of the modified Pre-Order Terms and Conditions. Immaterial modifications are effective upon publication. Disputes arising under these Pre-Order Terms and Conditions will be resolved by the version of these Pre-Order Terms and Conditions that were in effect at the time the dispute arose.
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 California, 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.