Terms and Conditions
Last modified Dec 6th, 2016
These Order Terms and Conditions (“Terms”) govern the placing of orders (“Order”) with Teforia Company (“Company”) for the Teforia Infuser ("Product"). Please read these Terms carefully before submitting your Order for the Product. By submitting your Order, you agree to be legally bound by these Terms.
When you place an Order for the Product, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Company shall have no responsibility or liability for inaccurate information or information that later becomes outdated and shall have no obligation to make efforts to determine the correct contact or shipping information.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 shipment of the Product by sending an email to [email protected].
You will be charged the purchase price for the Product, including taxes and shipping charges, (the “Purchase Price”) at the time you place your Order for the Product. Your placing of the Order constitutes your express agreement for the Company to charge your provided payment method at such time. In the event that the applicable taxes and/or shipping charges increase prior to the date on which the Product is shipped to you, you hereby agree that the Company may charge, and you will pay, any increased taxes and/or shipping charges.
We will only ship product to billing address of credit card billed. The Product is being sold before it is ready to ship. The Product is expected to be ready to ship before December 1, 2016 (the “Estimated Shipment Date”). If the Product will not be available to ship by the Estimated Shipment Date, 16 CFR Part 435 rules (the “FTC Rules”) require the Company to offer you the choice of either a refund or to wait until a new expected ship date. See the FTC Rules for full details regarding Company’s legal obligations: https://www.ftc.gov/policy/federal-register-notices/16-cfr-part-435-mail-or-telephone-order-merchandise-rule-final-rul-0
Cancellations and Refunds
You may cancel your Order and obtain a refund at any time prior to the date on which we ship the Product(s) you have ordered by providing us with a notice of cancellation in accordance with the notice provision below or you can provide notice by contacting us here.
Except as expressly provided in the Company’s Terms and Conditions of Sale, and to the maximum extent permitted by applicable law, the Product is provided “as is” and “as available,” without guaranteed warranty of any kind other than the Limited Warranty.
Limitation of Liability
To the extent not prohibited by applicable law, in no event shall Company be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, arising out of the Order or these Terms. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall Company’s total liability to you for all damages (other than as may be required by applicable law) exceed the Purchase Price. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Neither party shall be liable to the other for any failure to perform its obligations due to an event beyond the control of such party, including, but not limited to, any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of that party’s control, which causes the termination of an agreement or contract entered into, or which could not have been reasonably foreseen. Any party affected by such event shall inform the other party and use all reasonable endeavors to comply with these Terms.
All notices to be given or provided by you to Company shall be effective upon receipt at the address set forth below or as otherwise permitted pursuant to these Terms:
465 Fairchild Drive Suite 102
Mountain View, CA 94043
All notices to be given or provided by Company to you will be through the [email] address that you have provided below, or any updated email address that you have provided.
Entire Agreement, Controlling Law and Severability
These Terms will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms shall continue in full force and effect. These Terms represent the entire agreement governing your Order of the Product, and any prior agreements have no force or effect.