Pre-Order Terms and Conditions
These Pre-Order Terms and Conditions (“Terms”) govern the placing of pre-orders ("Pre-Order") with Rigel Technologies (“we”, “ us”, or “Rigel Technologies”) for our VR motion products and other accessories ("Products"). Please read these Terms carefully before submitting your Pre-Order of any Rigel Technologies Products. By submitting your Pre-Order, you agree to be legally bound by these terms.
WalkOVR locomotion product is still under development. Therefore it is currently available only for pre-order and the whole pre-order process is structured as in crowdfunding campaigns such as Kickstarter. During the pre-order duration, generally, Kickstarter terms are applied also in our website. You may find Kickstarter terms and use here: https://www.kickstarter.com/terms-of-use?ref=global-footer
When placing a Pre-Order for Rigel Technologies Products, you will be required to provide certain information, such as your e-mail address, shipping and billing address or your phone number, again to use for shipping purposes. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Rigel Technologies shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information.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 e-mail to [email protected].
You acknowledge and agree that Rigel Technologies may decline or delay reservations to avoid oversubscription or as it deems appropriate, provided that we will make efforts to inform you within two (2) weeks of our receipt of your Pre-Order, and that you will be entitled to a full refund of the Purchase Price.
You will be charged the full Price of the Products at the time of placing the Pre-Order. If Rigel Technologies is unable to commence shipping the Products on or before the one-year anniversary of your placing the Pre-Order, Rigel Technologies shall process a full refund to you. Your placing of a preorder constitutes your express agreement to Rigel Technologies of charging the full Price of the Products at such time.
Rigel Technologies will build Products according to the order in which the Pre-Order is received. This position does not imply receiving a particular number associated with your Products. If you cancel or forfeit your reservation in accordance with the terms of this Agreement, your position will be taken by the next person on the Product reservation list. Notwithstanding the foregoing, you acknowledge and agree that we may need to build and use Products for a variety of purposes, such as in-house and third-party testing, evaluation, and display prior to fulfilling Product reservations. Furthermore, we may in our discretion prior to fulfilling Product reservations offer for sale to the public (for instance, by auctioning off) a limited number of Products. Please consult our website or our newsletter for more information about such events.
Although we will make efforts to begin delivering Products as soon as reasonably practicable, you understand and agree that there may be delays. An estimated time of delivery (ETD) is only an estimate, is subject to change, and Rigel Technologies 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, Rigel Technologies 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. We will provide you periodical updates with respect to such a delivery schedule. If for any reason you decide that you do not wish to continue to wait for your Product, you may cancel your reservation as provided for in Section 6 below.
The purchase price ("Price") does not include taxes, custom costs and other government charges for some certain area and countries, please know that if you are not charged for them during payment checkout those costs are and will be your responsibility.
You or Rigel Technologies may cancel this reservation by terminating the Pre-Order at any time for any or no reason prior to our notice to you that your Product is ready for delivery. If you do so prior to our notice of delivery, you will obtain a refund of the purchase Price without interest. If Rigel Technologies cancels your reservation you will receive a full refund of the purchase Price without interest (and you will not pay any processing fee). Cancellation after delivery is not possible as explained under article "Disclaimer".
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL RIGEL TECHNOLOGY BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT. IN THE EVENT RIGEL TECHNOLOGIES IS HELD LIABLE FOR ANY DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE THE FULL REFUND OF YOUR PURCHASE PRICE WITHOUT INTEREST.
Terms and Conditions of Sale
The purchase of the Products is subject to additional terms and conditions provided by Rigel Technologies, including in respect of any software included in the Products or intellectual property embodied in the Products or data collected by the Products. The current Terms and Conditions of Sale can be found in the footer of the checkout page and are subject to change without notice. Your purchase of the Product will be subject to these terms and conditions and the refund policy.
Age and Residency
You acknowledge that you are at least 18 years old, are a resident of the United States, and will take delivery of your Product in the United States. You acknowledge and agree that Rigel Technologies will initially focus its service efforts on certain geographical areas, and may expand to other areas as the company grows.
RIGEL TECHNOLOGIES DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROTOTYPE PRODUCT DISPLAYED BY RIGEL TECHNOLOGIES WHETHER BEFORE OR AFTER YOU HAVE PLACED THE PRE-ORDER. YOU UNDERSTAND AND AGREE THAT THE PRODUCT, ITS DESIGN AND TECHNICAL FEATURES ARE CURRENTLY UNDER DEVELOPMENT AND THAT THE PRODUCT THAT MAY BE AVAILABLE FOR PURCHASE BY YOU MAY BE MATERIALLY DIFFERENTLY FROM THE PROTOTYPE PRODUCT. IF FOR ANY REASON YOU ARE UNHAPPY WITH THIS STILL DEVELOPING PRODUCT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO CANCEL YOUR PRE-ORDER IT IS DELIVERED TO YOUR ADDRESS.
Changes to the Terms
Rigel Technologies reserves the right to change any of the terms for any or no reason. We will provide notice of any material changes and, if you are unhappy with such changes, your sole and exclusive remedy will be to cancel your reservation as described in Section 6 above.
These Terms constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior agreements, representations, and understandings of the parties. This Agreement shall be governed by and shall be construed in accordance with the laws of the State of California. The venue for any actions relating to the subject matter or enforcement of this Agreement shall be in Delaware, the place were this Agreement was entered and is to be performed. You may not assign this Agreement or any of the rights granted to you hereunder to any body.