The following terms and conditions(“Terms”) apply for all pre-orders. When placing a pre-order you haveunderstood and accepted these Terms.
The completion of our product development process and successful shipping ofall pre-buy orders is dependent on sufficient backing from our pre-ordercampaign and fundraising process. Hence, Manus Machinae BV cannot guaranteethat the products will be delivered in all cases. If we are unable to deliver,you will be entitled to reimbursement of your payments in accordance withsection 2 in these Terms.
These Terms have priority in case of contradiction with any other terms,descriptions, agreements, or understandings between you and Manus Machinae BV.Manus Machinae BV explicitly rejects any terms deviating from the followingTerms unless otherwise is agreed and confirmed in writing.
1. PRE-ORDERS, PAYMENT, AND DELIVERYThe prices for (pre-)orders are stated on the Manus Machinae BV website. ManusMachinae BV reserves the right to change prices at any time. Complete paymentis due upon placing the order. Shipping costs are included in the purchaseprice, though the method of shipping will be chosen at Manus Machinae BV’sdiscretion. Additional costs for customs duties, value-added tax (VAT), andother fees or taxes in the country of destination may apply.
The products are manufactured in The Netherlands. The products are shippeddirectly from our Manufacturing plant to the country and address of destinationgiven to us in the pre-order. The products are Delivered At Place (DAP) inaccordance with Incoterms 2010.The estimated time for shipping is stated in theorder confirmation. Please note that the estimated time for shipping is only anestimate and may change. Manus Machinae BV will keep you duly noted on anychanges affecting the delivery of your products.
2. CANCELLATION OF PRE-ORDERSYou may cancel the pre-order until you receive notification of shipment fromManus Machinae BV. Manus Machinae BV will notify you at least 14 days prior tothe shipment date. Manus Machinae BV will strive to reimburse your payment forthe pre-order within six weeks after your cancellation. From the reimbursement,Manus Machinae BV will deduct any transaction and processing fees applicabledepending on the payment method used. Please note, however, that the fundsraised with your pre-order may be partially invested in product development andproduction. Delivery is contingent on sufficient funds to complete thedevelopment of the products. Hence, Manus Machinae BV cannot guarantee that youwill receive a full refund in all cases as the funds raised by your pre-ordermay be lost, either fully or partially.
Manus Machinae BV may cancel your order before the shipment date at ManusMachinae BV’s own discretion. Manus Machinae BV will reimburse all yourpayments in the event of such cancellation.
3. DESCRIPTION OF THE PRODUCTManus Machinae BV strives to provide a complete and accurate description of theproducts offered. Nevertheless, Manus Machinae BV cannot guarantee a completeresemblance between the illustration material, such as pictures, videos andwritten descriptions, and the actual products.
Manus Machinae BV also reserves the right to change and modify the productspecifications, such as storage capacity, battery capacity, weight, materialselection, form, color, and other physical dimensions and technicalspecifications in the period up to the shipping date. An updated and finalproduct specification will be available at least 14 days prior to the shippingdate.
The product is a development (test) kit and not a finished product, and as suchmay have defects that were not apparent to Manus Machinae BV. Manus Machinae BVwill notify you about known issues that may impact the proper functioning ofthe product before shipment. The product is in no circumstance intended forpersonal use.
4. FULL-SERVICE LIMITED WARRANTYWe offer a limited warranty on our hardware products (the “Warranty”) is issuedby Manus Machinae BV.
Manus Machinae BV issues this warranty to you, who has purchased a new Manusproduct and included accessories directly from us or an authorized distributor.This Warranty cannot be assigned or transferred to any subsequent purchaser oruser and is not available to products that were purchased used or from anysource other than Manus Machinae BV or an authorized distributor (see ourauthorized distributor list).The product is a development (test) kit and shouldbe regarded as experimental hardware. As such the product may have defects thatwere not apparent to Manus Machinae BV. Manus Machinae BV will notify you aboutany known issues or defects before shipment. Please note, the products will betested before shipment by our own quality control inspection.
The product is in no circumstance intended for personal use.
You are responsible for inspecting the products upon delivery. If the productsare defected or non-conforming, you shall notify Manus Machinae BV withoutundue delay. Please indicate the transaction number (“transaction number”) ofyour pre-order found on the pre-order confirmation email received at time ofordering, contact information (name and address).
This Warranty is limited and not applicable to:
Any deterioration of the cosmetic appearance of the product due to normal wearand tear;
Damage caused by misuse, accident (e.g., accidental physical impact, exposureto liquid, food or other contaminants, etc.), neglect, abuse, alteration,improper or unauthorized repair or modification, tampering, or use withunsuitable equipment, devices, software, services or other unauthorizedthird-party item(s);Malfunctions caused by electrical surges or otherelectrical current problems that are not the fault of the product;
If not used in accordance with the product documentation;
Used or resold products;
Products purchased from sources other than Manus Machinae BV or an authorizeddistributor,
Use of the product in violation of any laws, regulations or ordinances ineffect where the product is used;
Features or performance parameters pertaining to any software or servicesbeyond the Warranted Functionality of the Product.
This Warranty does not include any specific guarantees that the product will beerror-free, or regarding uptime or continued availability, data securityfeatures of software, or that any software or firmware will functionuninterrupted or error-free. This limited warranty is void if a Product isreturned with removed, damaged or tampered labels or any alterations (includingthe unauthorized removal of any component or external cover). This Warrantydoes not cover data loss; it is your responsibility to back up your data,electronically or physically, on a regular basis if you wish to retain yourdata. Any damages or costs related to data recovery, removal, and installationare not recoverable under this Warranty. In this Warranty, Manus Machinae BVdoes not extend any implied or statutory warranties, conditions orrepresentations regarding the product or any connected software or onlineservices.
Manus Machinae BV disclaims any liability for non-conforming products due toimproper use of the products. Such improper use includes but is not limited todamage caused by the products being dropped, badly handled, or damage caused byexposing the products for other temperatures or humidity conditions thanrecommended in the Proper Use of the product description. Improper use alsoincludes modifications, reengineering, copying, and other changes to thesoftware in breach of Manus Machinae BV’s intellectual property rights inaccordance with section 8.This Warranty covers defects and malfunctions in thenew Manus Machinae BV product(s) it accompanies (the “Product”). We warrantthat the Product will, under normal and intended use, function substantially inaccordance with our technical specifications or accompanying productdocumentation (the “Warranted Functionality”) during the Warranty Period. Inour sole discretion we may update, modify or limit such software and services.
The period of the limited warranty is described on your order and starts fromthe date of shipping (the “Warranty Period”).If your Product is defective ormalfunctioning, we will either repair or replace that Product, or updatesoftware or services, so that the Product performs according to the WarrantedFunctionality.
For determining if the defect or malfunctioning of the product is covered bythis warranty we may request additional information like videos, pictures. Ifthese do not provide enough information we may request you to send the productto us (we will arrange a pick up for you), if you send us the product forinspection you agree to transfer the ownership of the product to Manus MachinaeBV. When we receive the product, we will determine if there is a defect ormalfunction covered by this Warranty.
If we find a defect or malfunction covered by this Warranty, we will repair orreplace the product to provide the Warranted Functionality. Any replacedProduct will continue to be covered by this Warranty for the remainder of theoriginal Warranty Period. A maximum of two incidents that require a replacementwill be permitted during the warranty period.
5. LIMITATION OF LIABILITY
Manus Machinae BV SHALL IN NO EVENT BE LIABLE FOR ANY LOST PROFITS, LOSTSAVINGS, LOSS OF REPUTATION, LOSS OF GOODWILL, INDIRECT, INCIDENTAL, PUNITIVE,SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALEOF ANY PRODUCTS OR SERVICES BY Manus Machinae BV OR THE USE THEREOF WHETHER ORNOT SUCH DAMAGES ARE BASED ON TORT, WARRANTY, CONTRACT OR OTHER LEGAL THEORY,EVEN IF Manus Machinae BV HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITIES OFSUCH DAMAGES. Manus Machinae BV’S AGGREGATE AND CUMULATIVE LIABILITY TOWARDSYOU SHALL NOT EXCEED THE AMOUNT RELATED TO THE PAYMENT OF THE PRE-ORDER.YOURCLAIM FOR DAMAGES MUST BE NOTIFIED TO Manus Machinae BV WITHIN NINETY (90) DAYSOF THE DATE OF THE EVENT GIVING RISE TO ANY SUCH CLAIM, AND ANY LAWSUITRELATIVE TO ANY SUCH CLAIM MUST BE FILED WITHIN ONE (1) YEAR OF THE DATE OF THECLAIM.
YOU AGREE TO INDEMNIFY AND HOLD Manus Machinae BV, ITS AFFILIATES, OFFICERS,EMPLOYEES, AGENTS, CONSULTANTS AND ADVISERS, HARMLESS FROM ANY AND ALL CLAIMS,INCLUDING BUT NOT LIMITED DAMAGES, LEGAL FEES, COST AND EXPENSES, FROM THIRDPARTIES ARISING IN CONNECTION WITH THE PRE-ORDER.
7. FORCE MAJEURE
If either Manus Machinae BV or you are prevented from performing any of theobligations under these Terms due to an exceptional event beyond Manus MachinaeBV’s or your control, which could not reasonably have been foreseen beforeaccepting these Terms, the non-performing party shall give immediate notice tothe other party that a force majeure event has occurred. The non-performingparty is not liable for any lack of performance caused by a force majeure event.
A force majeure event may be but is not limited to war, terrorism and naturaldisasters such as earthquakes, drought and floods.
8. INTELLECTUAL PROPERTY RIGHTSManus Machinae BV has the exclusive and worldwide right to all intellectualproperty rights related to the products included in the pre-order, whetherpatentable or not and whether registered or not. This includes but is notlimited to the construction, methods, concepts, design, source code, softwarelogs, interface design and trademarks.
You are awarded a non-exclusive, revocable and limited license to use theproducts and accompanying software. The software is for your own exclusive use.You may not copy, modify, upload, distribute, transfer, sublicense, lease, lendor rent the software to any third party.
9. PERSONAL DATA
10. SEVERITY If any part of these Terms is found to be invalid due tomandatory statutory law or a final legal judgment, it shall only affect thoseparts found to be invalid. The remaining parts of the agreement will still beenforceable.
11. GOVERNING LAW AND LEGAL VENUEThese Terms are governed by the laws of The Netherlands. Any dispute that isnot solved amicably shall be resolved by judicial mediation. If judicialmediation fails, you agree to a Dutch Court as a legal venue.
Fill out this form and return it to Manus Machinae BV if you want to revokeyour pre-order. Please send it to sales@Manus-VR.com. I/we hereby wish torevoke the following pre-order order:[fill in order number]The order wasreceived [fill in date]Your name and address:[fill in name] [fill inaddress]Reason for revoking the order (optional):[fill in]Date:[fill in today’sdate]
Privacy Statement (GDPR)Type of data and usage
Manus Machinae BV collects the following information– Email addresses fornewsletters
– Personal and company information for invoicing– Personal and company information for distribution of physical goods– Personal and company information for feedback and requests– Company information for PR and communication– Social media sharing
Information on this website and the linked databases are hosted on ManusMachinae BV servers. Data is collected through our online forms and transferredsecurely to our databases. By filling out a form on our website and clickingsubmit, you agree to the terms specified concerning that specific component.Any information shared with Manus Machinae BV is subjected to being stored inour Customer Relationship Management system. Data security Manus Machinae BVtakes security of personal data seriously. We exercise reasonable care whenstoring your data. Cookies, Visitor information and Google Analytics ManusMachinae BV does not use any tracking cookies on our own website. We do howeverimplement Google Analytics and Social Media sharing. Our website videos arehosted on YouTube, by viewing these videos you accept the GDPR statement of YouTube.Sharing of personal and company data Any personal data shared with ManusMachinae BV will only be used internally on a need to know basis. Under nocircumstances will your personal data be shared or sold to any third partywithout your express permission. Reason for storing personal data ManusMachinae BV has a need for your personal and company information to engage infinancial trade, distribution of physical goods and communication concerningour goods and services. This includes but is not limited to: invoicing, sales,shipping and email communication. Newsletter Newsletters are sent to email addresses onan opt-in basis. Manus Machinae BV will never send you marketing, sales or anyother unsolicited email messages without your prior approval on receiving suchmessages. Once subscribed Manus Machinae BV has the right to send you anyinformation, regarding any subject it sees fit. Storage duration: IndefinitelyDeletion of data: Each newsletter will end with an unsubscribe link, onunsubscribing your record will be removed from our newsletter database andnewsletter recipient list. Invoicing/ Shipping address Information required forfinancial trade of goods and services. To place a purchase order with ManusMachinae BV you are required to provide Manus Machinae BV with the full name,email address, phone number, company name and company address of the purchasingparty. Storage duration: Indefinitely Deletion of data: At any given time you canrequest to have your data removed by sending an email to email@example.com withsubject “Deletion of order information”. If you still have a running orderwhich requires your personal information (“purpose of shipping”), you will needto specify that you require that order to be cancelled. Feedback and requestsplacing a purchase with Manus Machinae BV you agree that a representative ofManus Machinae BV can contact you to request additional information. This caninclude but is not limited to: Insight in your companies use case for ourproduct, customer journey questionnaire, customer satisfaction and partnershiprequests.