Purchase and Supply of Sentero - Terms and Conditions
1. INTERPRETATION AND VARIATION
1.1 In the Terms and Conditions the following definitions apply:
"Company" means CyborgNest Limited, (sometimes referred to as “we”)
“Company’s Materials" means the Company’s website materials (including Frequently Asked Questions (FAQs), social media posts, and any of the Company’s publicity or marketing materials that describe or make reference to the Product
"Purchaser” means any person that has completed purchase of the Product (online order together with full payment for the Product) from the Company’s website. (Sometimes referred to as “you”)
“Product" means the Sentero device (excluding the Siid Device) as detailed in the Company’s Materials
"Terms and Conditions" means these terms and conditions.
1.2 References in the Terms and Conditions to the singular will include the plural and vice versa and references to the masculine gender will include references to the feminine gender.
1.3 These Terms and Conditions are incorporated into any online order.
1.4 The Company reserves the right to vary and revoke the Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of the Company. Any such changes will be notified to Purchasers via the Company’s Materials and, until revoked, are and will be binding on Purchasers.
1.5 The Terms and Conditions will be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.
2. PURCHASING THE PRODUCT
2.1 When a person has completed the online order together with full payment s/he will become a Purchaser of the Product and (subject to consumer protection laws) has entered into a binding agreement with the Company for the purchase of the Product (“the Purchase”)
2.2 For the avoidance of doubt if payment for the Product is not made in full by the Purchaser, the Company will not supply the Product and/or (at its election) will supply the Product and the outstanding sum will be owed by the Purchaser to the Company.
2.3 Subject to any statutory right of cancellation, payments for Products are non-refundable unless otherwise stated in these Terms and Conditions. If a refund is approved at the Company’s discretion an admin fee of £25 will be applied.
2.4 The Product will be dispatched from Hong Kong and the purchase price will include shipping costs, however, any Purchaser purchasing the Product from outside of Hong Kong will be deemed an importer of the Product and will be solely responsible for any sales taxes, import duties, and for complying with any regulations including custom regulations applicable in respect of the importing of the Product.
2.5 The Company will use all reasonable endeavors to ensure that the Product will be delivered to the estimated time frame set out in the Company’s Materials but it is acknowledged that because the Product is a new product subject to many manufacturing variables, delivery may be delayed from the date of order and the Purchaser accepts such delay. The Purchaser will be entailed to a full refund (on written request) only after a 3 month period has passed in which the Product has still not been despatched.
3. PRODUCT SPECIFICATION
3.1 Details of the Product are provided in the Company’s Materials and may vary from time to time.
3.2 The Company reserves the right to make minor changes to the Product at its discretion.
4. FITNESS AND HEALTH, NON DISCLOSURE
4.1 The Product is an externally worn non-invasive device however the Company makes no claim or representation as to the suitability and/or safety of the Product for any particular individual. Purchasers are advised to make all necessary medical enquiries as to their suitability for the wearing and use of the Product and to satisfy themselves that their health will not be endangered by the wearing and/or use of the Product. The Product must be used in accordance with the instructions supplied including in relation to not exceeding the depth limits in relation to the Product’s waterproof functionality and in relation to exposure to extreme heat and cold.
4.2 The Product is not a medical device and is not aimed to solve medical problems. The Product is an experimental device and no affect is guaranteed. The representations in the Company’s Materials are based on user testimonies of using similar devices and on academic research around brain plasticity, no warranties are made with regard to its effectiveness for any particular Purchaser.
4.3 The Company does not undertake the supply and/or the fitting of the optional Siid NFC implant device (“the Siid Device”). The Siid Device is supplied by DSruptive, and the purchase is made through them and their distributors (http://dsruptive.com/). The Siid Device is sold by DSruptive under their own terms and conditions and no representations or warranties concerning the Siid Device are made hereunder. The Company accepts no responsibility or liability for the actions,
inactions, defaults, or omissions of DSruptive in relation to the Siid Device, and/or of any third parties involved in the subsequent fitting of and/or of the coding of the Siid Device. Purchases must make their own enquiries and satisfy themselves as to the effectiveness, reliability and safety of the Siiid Device and/or its fitting.
4.4 The Purchaser is required to make use of the Product in accordance with its purpose as set out in Company’s Materials will not adapt the Product or seek to use it for other purposes. Only private individuals may order the Product and it is solely for private use and enjoyment. The Purchaser agrees not to use and/or disclose the confidential information and/or intellectual property embodied in the Product (including by way of so-called ‘reverse engineering’) to compete with the Company
or assist third parties in competing with the Company.
5. LIMITATION OF LIABILITY
5.1 The Company accepts no liability for loss or damage to the Purchaser’s person or property incurred in connection with the purchase and or use of the Product except insofar as such loss, damage or injury is by law incapable of exclusion.
5.2 The Company does not limit its liability for death or personal injury caused by its negligence, but otherwise excludes all liability to Purchasers.
6.1 Purchasers are required to give prompt notice to the Company of any change of delivery address prior to the despatch of the Product.
6.2 A person who is not a party to the Pre-order Process has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Terms and Conditions or the Purchase.
6.3 The Company may, if a Purchaser so wishes, communicate with the Purchaser by email. By providing an email address to the Company, the Purchaser consents to receiving email communications from the Company, including notices pursuant to the Terms and Conditions. The Purchaser also accepts the risk that email may not be a secure and confidential means of communication. The Company will not be liable for any loss or damage suffered as a result of communicating with a Purchaser by email.
6.4 Company’s Materials will at all times remain the property of the Company and will be subject to the Company's copyright. The Company and logo are the sole property of the Company.
COMPANY CONTACT DETAILS: email@example.com
REGISTERED NUMBER: 11180726