Applies to sales, purchase, return, and refund policies for GeoOrbital products.
GeoOrbital provides a full refund to all customers who request a refund before the order is shipped. If you would like a refund, please contact us at email@example.com and let us know.
Last updated March 1, 2016
Welcome to the online store (the “Store”) provided by GeoOrbital, Inc. (“us”, “we”, “our”, “Company”, or “GeoOrbital”). As a purchaser (“you” or “your”) of the products (“Products”), from the Store, you agree to be bound by these Terms of Sale (“Terms”).
The Store is for retail sales to private consumers only. Please contact firstname.lastname@example.org if you wish to purchase Products for commercial use or in wholesale quantities.
Changes. This Store and our business may change from time to time. As a result, at times it may be necessary for us to make changes to these Terms. Please review these Terms periodically, and especially before you order any Products on the Store. These Terms were last updated on the date indicated above. We reserve the right to update or modify these Terms at any time and from time to time without prior notice, and such changes will apply to your purchase transaction if you place such order after the date of last modification indicated above.
PURCHASES. ALL PURCHASES ARE FINAL, NON-CANCELABLE AND NON-REFUNDABLE, EXCEPT AS SPECIFIED IN THE APPLICABLE CANCELLATION POLICY AND REFUND POLICY SET FORTH BELOW.
Minors. We do not sell to minors. The Products are intended for adults over age 18 and we intend to sell the Product to adults only.
Prices, Quotations, Descriptions. Any prices, quotations and descriptions made or referred to on this Store with respect to the Products are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to Acceptance (as defined below).
Rejection of Orders. We may reject your order without liability at any time for any reason in our sole discretion. If we cancel your order or are unable to process your order, we will refund any payment that you have made for the item ordered.
Cancellation Policy. (a) we may cancel your order at any time after Acceptance and prior to shipment for any reason in our sole discretion, and in such event, we will issue you a credit or refund; and (b) for any “pre-orders” of Products (as specifically identified on the Store), you are permitted to cancel your pre-order prior to the Product shipping. You may cancel your pre-order by contacting us at email@example.com. Upon such cancellation, we will refund the amount paid by you for the cancelled items. (The foregoing collectively constitutes our “Cancellation Policy”).
Charges. In some cases, your Products are customized to meet your requirements, and you will be charged IMMEDIATELY once you submit your order.
Currency. All prices are in U.S. dollars (USD). If you pay in a different currency, the currency conversion will be handled by our payment service provider or the credit card company. We reserve the right to offer other currencies.
Revisions. We have the right at any time prior to our Acceptance to withdraw any discount and/or to revise prices to take into account increases in costs including, without limitation, costs of any materials, carriage, labor or the increase or imposition of any tax, duty or other levy and any variation in exchange rates. We also reserve the right to notify you of any mistakes in the descriptions of the Products or errors in pricing prior to the product shipping. We will not process the order unless you confirm your order with the new pricing. In such event, if you choose to continue with fulfillment of your order, you acknowledge that the Product will be provided in accordance with such revised description or corrected price.
Territory. Although the Store is accessible worldwide, the Products offered on the Store are not designed and tested for use in all geographical areas. If you choose to access the Store and/or use the Products outside their intended geographical area, as applicable, you do so at your own risk and you are solely responsible for complying with applicable local laws in your geographical area. You understand and accept that the Store is not designed for use in all geographical areas and some or all of the features of the Store may not work or be appropriate for. To the extent permissible by law, GeoOrbital accepts no responsibility or liability for any damage or loss caused by your access or use of the Store in an inappropriate geographical area.
Shipping and Taxes. Unless otherwise specified, prices quoted exclude: (a) the costs of shipping or carriage to the agreed place of delivery within the geographical area (charges for which are stated on the Store); and (b) Sales tax, any other tax, duty and/or fees (“Fees”) which (where applicable) must be added to the price payable. You agree to pay for taxes, duty, fees and shipping or carriage of the Products. We will estimate such costs on the Store when you submit your order. We are not liable for any miscalculation of such Fees and advise you to check with the appropriate agencies in your geographical area.
Payment Information. We charge credit or debit cards prior to shipment of the Products. We reserve the right to verify credit or debit card payments prior to shipment. Payment processing on the Store is powered by our third party payment processor. We are not responsible for the performance of the third party payment processor.
Delivery Schedules. Any delivery schedules or dates specified on the Store, or in any order acknowledgements, and/or e-mail communications from us to you or elsewhere, are not a promise to fulfill the pre-order, or order, by such dates, but are estimates of when we hope to fulfill the order.
Delivery Address. Delivery will be to a valid address within the geographical area submitted by you. Delivery cannot be made to a Post Office box or APO address. You must check the Delivery Address on any acknowledgement we provide and notify us without delay of errors, changes or omissions. We reserve the right to charge you for any extra costs arising from changes you make to the Delivery Address after you submit an order and prior to shipping the Product.
Short Deliveries. Except to the extent required as a result of any mandatory rights you have as a consumer under applicable law, you will not be entitled to reject the Products in whole or in part by reason of short delivery and will pay in full notwithstanding short delivery unless you notify us in writing of any claim within five (5) days of the latest of the date of receipt of the relevant invoice or delivery whereupon you will pay for the quantity actually delivered.
Risk of Loss. Except as otherwise provided in these Terms, title and risk of loss of or damage to the Product passes to you on delivery or when placed in your possession.
Exchange and Refund Policy. We do not offer refunds or exchanges for Products you have ordered, except where required by law or expressly stated in these Terms. Except as set forth below in our Exchange and Refund Policy (as defined below) and subject to any rights you have under any warranty provided by the Company or under applicable law that cannot be excluded or limited by these Terms, you will not be entitled to reject any Product, except in the limited circumstance where damage to or loss of Products, or any part thereof, occurs in transit where the damaged Products, or any part thereof, is carried by our own transport or by a carrier on our behalf, provided that you provide written notification to us at firstname.lastname@example.org within five (5) business days of receipt of the Products. (the foregoing constitutes our “Exchange and Refund Policy“).
Pick-Up and Return. In the event of shipping damage to or loss of the Products, after receiving notice from you, we will arrange for pick-up or return of any damaged Products (which must include all original packaging, hardware, accessories materials, and documentation) at our sole expense. We may, in our sole discretion and at our option, replace or repair the Products upon receipt and examination of the Products from you. Upon our receipt of the damaged Products, verification of the damage and determination that the product was NOT used in any way shape of form, we will ship out to you replacement or repaired Products as soon as reasonably possible.
Rights Void. Your rights of repair or replacement of the Products under our Exchange and Refund Policy will in all cases be negated or rendered void where: (i) the Products were not damaged in transit or (ii) the Products have not been returned in accordance with the requirements of Section 6.2 or Section 6.3 or (iii) the products were used or damaged from use.
LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE: (A) OUR AGGREGATE LIABILITY (WHETHER BASED ON WARRANTY, CONTRACT, TORT, INCLUDING NEGLIGENCE, OR ANY OTHER LEGAL THEORY) WILL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCTS YOU ORDERED THAT ARE RELATED TO YOUR DAMAGES; AND (B) IN NO EVENT WILL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER, OR DAMAGES RESULTING FROM LOST DATA (WHETHER BASED ON WARRANTY, CONTRACT, TORT, INCLUDING NEGLIGENCE, OR ANY OTHER LEGAL THEORY). SOME STATES, COUNTRIES AND PROVINCES DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Specifications. Unless otherwise stated in these Terms, all Products’ specifications, illustrations, drawings, particulars, dimensions, performance data and other information on the Store or made available by us are intended to represent no more than a general illustration of the Product and its features and do not constitute a warranty or representation by us that the Products will conform with the same.
Indemnification. TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE TO INDEMNIFY, REIMBURSE, PAY FOR AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND LICENSEES FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO (I) ANY CLAIM ASSERTING THAT CONTENT YOU PROVIDED INFRINGES A THIRD PARTY’S PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, PUBLICITY, CONFIDENTIALITY OR OTHER RIGHT; (II) ANY CLAIM ASSERTING THAT CONTENT YOU PROVIDED IS DEFECTIVE OR HAS CAUSED PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE; (III) YOUR USE OF THE CONTENT AND (IV) YOUR BREACH OF THESE TERMS OF SERVICE.
License. If any license or consent of any government or other authority is required for the acquisition, carriage or use of the Products by you, you will obtain such license or consent at your own expense. You will meet any additional expenses or charges incurred by us resulting from such failure.
Export Laws. Products licensed or sold to you under these Terms may be subject to export control laws and regulations in the Territory or other relevant jurisdiction where you take delivery or use the Products. You will be responsible for complying with those laws and will not do anything to breach them.
EEA. Items entering the European Economic Area (EEA) from outside over a certain value may be subject to customs charges (e.g. where costs are in excess of your personal import allowance). You may be subject to customs charges, import duties and taxes, levied when the Products reach your specified destination. Any such additional charges for customs clearance or import duties or taxes must be met by you. You should contact the local customs office in the relevant jurisdiction for further information on customs policies or duties.
1 Broadway, 14th Floor, Cambridge, MA 02142