The “Terms of Services agreement” (contract) you are reading is a public offer. This means that we are ready to conclude a contract with anyone who accepts the regulations stated below. Please read the contract carefully before the purchase because the act of purchase itself will be taken as your agreement with the contract regulations: in other words, this agreement is a substitute for the written or another form of agreement and has the same legal force of a written contract. This offer is published on our website, and we reserve the right to modify this contract at our sole discretion. However having once accepted the contract regulations by performing the purchase these regulations will remain the same for you as they were at the time of purchase.
1. What is this contract about?
We (The Seller) sell you (The Buyer) the Product (VR tracker or/and any of the bundled goods) that you chose at your own discretion with the help of the web-form at our website «antilatency.com».
The amount of payment consists of the product price and the delivery cost. If you agree with the delivery terms and cost we will post you the item you purchased.
2. Product value and delivery
2.1. The present contract shall enter into force having performed the payment of the full cost of the product you ordered.
• The product price is full and includes the package, instructions, license fees, SDK and all necessary items for the product usage.
• The product price does not include taxes and levies (e.g. customs duties) which you may be obliged to pay in accordance with the legislation of your country.
• You will gain the property in the product as soon as we pass it to the delivery service (postal service, carrier, etc.). From that moment the product will belong to you.
Seller shall act in good faith to meet its delivery obligations in a full and timely manner, the product you chose will be set to delivery in 20 days from the moment of payment. Nevertheless, the delivery dates quoted are approximate and are not guaranteed. Seller is not responsible for delays in shipping related to the actions of customs, post services or delivery services.
If we can’t fulfill our delivery obligations because of the facts that are beyond ours reasonable control (including, without limitation, embargo or other governmental act, regulation or request, fire, accident, strike, slowdown, war, riot, act of terrorism, delay in transportation, shortage of labor, raw materials, production or transportation facilities, labor difficulties involving employees, subcontractors or suppliers of Seller or others, or other contingencies of manufacture or shipment), we shall have such additional time within which to perform the delivery as may be reasonably necessary under the circumstances.
It is your obligation to receive the product either by post or delivery services at an address you gave us. If we receive the shipping back you’ll be charged for delivery or post fees and related payments.
Duty to Inspect. Buyer shall inspect the product immediately upon delivery. If Buyer fails to provide written notice to Seller within two business days of delivery of the product, Buyer shall be deemed to have accepted the delivered Goods without objection.
2.3 Payment details.
We accept debit and credit cards VISA, MasterCard, "Mir" payment system. The Internet payment service is carried out in accordance with the rules of international payment systems Visa, MasterCard and the "Mir" Payment System based on the principles of confidentiality and security of payment, for which the most modern methods of checking, encrypting and transmitting data via closed communication channels are used. The data of a bank card is entered on the secure payment page of ALFA-BANK JSC. On the page for bank card data entering you will need to enter your bank card data: card number, card holder's name, card expiration date, security code (CVV2 for VISA or CVC2 for MasterCard). All necessary data is printed on the card itself. The CVV/CVV2 security code is the three digits located on the back of the card. Next, you will be redirected to the page of your bank to enter the 3DSecure code that you will receive in the SMS. If you did not receive a 3DSecure code, then you should contact the bank that issued you the card.
3. The contract validity period.
The present contract is valid from the moment of being signed to the moment the Seller and the Buyer fulfil all their obligations. If you cancel the contract earlier it will be terminated for you ahead of time. If we don't send the product ordered before the date of termination you will have your money returned.
It is your obligation to inform the Seller of the contract termination in a faith and reasonable manner given the Seller enough time to abort the shipping.
4. Personal account and information you transfer to us.
Having performed ordering and payment, you will get access to the personal Buyers account where you can manage the order. Please provide us the full and accurate information because it will be used for filling in delivery forms and for the money return.
• You should inform us of what and who you are or who you stand for - whether you are a natural person or a legal entity. The information should be true and up-to-date.
After the registration is completed you will be able to get messages from us to your e-mail or personal account. Please keep tracking these messages to make sure you get your delivery on time or get informed of any changes. You should provide your real e-mail address.
5. How and in which cases you can terminate the contract and have the money returned.
You can’t terminate the contract and get your money back whether we send you a product.
• In case the product has been shipped to you this means that our party has executed the contract, and it has been satisfied. In this case, you cannot claim for its termination, and the money cannot be returned.
• To terminate the contract and have your money back you need to sign in to your personal account and to press the relevant link. Just follow the instructions - and it will not take you a long time. Please remember that by performing payment you undertake the condition that you cannot terminate or alter the contract by any other means - e. g. by sending a written claim, etc. Please consider that the present offer establishes a certain procedure of the contract modifying or termination - only by the personal Buyers account. By performing the payment you agree with the named procedure.
• In any case, we will appreciate a lot if you advise us of a reason why you terminate the contract.
6. The product you have purchased contains The Seller's intellectual property.
Please note that you only get the product for your working use but you don't get any exclusive rights for the Seller's intellectual property:
• You cannot resell the product, and we don't provide you with any additional rights. I. e. having bought the product you don't become our authorized agent, don't accept any instructions, don't stand for us and cannot use our company name and other trade names (e. g. place our products at your own website for resale).
• You don't obtain any rights for trademarks, program code, drawing, know-how, design, inventions as part of the product. All exclusive rights remain those of the Seller. By concluding the present agreement you undertake not to disassemble the product, not to examine its inside structure either with the purpose of copying or with other similar purposes.
• You get a limited, non-exclusive developer license for a Product SDK without any right to transfer or resell this license to any other party.
7. We do not provide any guarantee for the product. The present contract is not subject to any of the Consumer Right Protection Law.
Please read carefully the following regulation. The product you have purchased is a complex technical device, a new development. We did our best to ensure its operating capability, performed all necessary tests and checked its functionality many times, but it is not impossible that it can operate incorrectly. By performing the payment of this product you irrevocably undertake the conditions stated as follows:
• The product is provided "as is" and "as available", with all faults and without guaranteed warranty of any kind, and the Seller hereby disclaims all warranties and conditions with respect to the product, we do not promise that devices included in the product you purchase will operate in a certain way.
• In any case, our liability towards you is limited by the product cost. By concluding the contract you abandon any claim for fines, penalties, amends, non-pecuniary and other damages.
• We do not undertake any certain technical support.
• By concluding the present contract (i. e. by performing payment) you agree that you purchase the product for business or non-profit (in case if you are a school, a university or a public body) activity, but in any case - not for personal, family, household or other needs.
• You don't have the right to conclude the present contract if you order and purchase or have the intention to order and purchase the product for personal, family, household needs (other than business or research).
8. Product returns policy.
In any case, if you receive the damaged or non-working Product (or its parts), please send it to us and we provide you with a working one.
The duration of the product replacement depends on post and delivery services working.
Please provide us with the notice of the problems with the product. The notice should have the aspects that are alleged to not conform with products description or manual.
9. What happens if a dispute occurs?
By accepting the present contract we have agreed about the obligatory complaint procedure: i. e. before you seek legal advice or turn to the court you undertake to write us a claim (a letter where you tell us what you complain about). The present contract is settled in accordance with the laws of the State of California, the United States of America which means that to solve any problem we will plead the laws of the State of California and judgment is to be passed by the American Arbitration Association (“AAA”). By undertaking the regulations of the present offer that is by performing payment you agree that any trial is to be processed in the American Arbitration Association (“AAA”).
140 Fragklinou Rousvelt, 1st floor, Office 101, 3011, Limassol, Cyprus
CEO: Desyatov Andrey | firstname.lastname@example.org
DPO / EU Representative: Dimitar Kolchakov | email@example.com
For partners: firstname.lastname@example.org
For media: email@example.com
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