Terms & Conditions
The following terms and conditions (“Terms”) apply for all pre-orders. When placing a pre-order you have understood and accepted these Terms.
The completion of our product development process and successful shipping of all pre-buy orders is dependent on sufficient backing from our pre-order campaign and fundraising process. Hence, Manus Machinae BV cannot guarantee that 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 with section 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 following Terms unless otherwise is agreed and confirmed in writing.
1. PRE-ORDERS, PAYMENT, AND DELIVERY
The prices for (pre-)orders are stated on the Manus Machinae BV website. Manus Machinae BV reserves the right to change prices at any time.Complete payment is due upon placing the order. Shipping costs are included in the purchase price, though the method of shipping will be chosen at Manus Machinae BV’s discretion. Additional costs for customs duties, value-added tax (VAT), and other fees or taxes in the country of destination may apply.
The products are manufactured in The Netherlands. The products are shipped directly from our Manufacturing plant to the country and address of destination given to us in the pre-order. The products are Delivered At Place (DAP) in accordance with Incoterms 2010.The estimated time for shipping is stated in the order confirmation. Please note that the estimated time for shipping is only an estimate and may change. Manus Machinae BV will keep you duly noted on any changes affecting the delivery of your products.
2. CANCELLATION OF PRE-ORDERS
You may cancel the pre-order until you receive notification of shipment from Manus Machinae BV. Manus Machinae BV will notify you at least 14 days prior to the shipment date. Manus Machinae BV will strive to reimburse your payment for the pre-order within six weeks after your cancellation. From the reimbursement, Manus Machinae BV will deduct any transaction and processing fees applicable depending on the payment method used. Please note, however, that the funds raised with your pre-order may be partially invested in product development and production. Delivery is contingent on sufficient funds to complete the development of the products. Hence, Manus Machinae BV cannot guarantee that you will receive a full refund in all cases as the funds raised by your pre-order may be lost, either fully or partially.
Manus Machinae BV may cancel your order before the shipment date at Manus Machinae BV’s own discretion. Manus Machinae BV will reimburse all your payments in the event of such cancellation.
3. DESCRIPTION OF THE PRODUCT
Manus Machinae BV strives to provide a complete and accurate description of the products offered. Nevertheless, Manus Machinae BV cannot guarantee a complete resemblance between the illustration material, such as pictures, videos and written descriptions, and the actual products.
Manus Machinae BV also reserves the right to change and modify the product specifications, such as storage capacity, battery capacity, weight, material selection, form, color, and other physical dimensions and technical specifications in the period up to the shipping date. An updated and final product specification will be available at least 14 days prior to the shipping date.
The product is a development (test) kit and not a finished product, and as such may have defects that were not apparent to Manus Machinae BV. Manus Machinae BV will notify you about known issues that may impact the proper functioning of the product before shipment. The product is in no circumstance intended for personal use.
4. FULL-SERVICE LIMITED WARRANTY
We offer a limited warranty on our hardware products (the “Warranty”) is issued by Manus Machinae BV.
Manus Machinae BV issues this warranty to you, who has purchased a new Manus product and included accessories directly from us or an authorized distributor. This Warranty cannot be assigned or transferred to any subsequent purchaser or user and is not available to products that were purchased used or from any source other than Manus Machinae BV or an authorized distributor (see our authorized distributor list).The product is a development (test) kit and should be regarded as experimental hardware. As such the product may have defects that were not apparent to Manus Machinae BV. Manus Machinae BV will notify you about any known issues or defects before shipment. Please note, the products will be tested 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 products are defected or non-conforming, you shall notify Manus Machinae BV without undue delay. Please indicate the transaction number (“transaction number”) of your pre-order found on the pre-order confirmation email received at time of ordering, 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 wear and tear;
Damage caused by misuse, accident (e.g., accidental physical impact, exposure to liquid, food or other contaminants, etc.), neglect, abuse, alteration, improper or unauthorized repair or modification, tampering, or use with unsuitable equipment, devices, software, services or other unauthorized third-party item(s);Malfunctions caused by electrical surges or other electrical 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 authorized distributor,
Use of the product in violation of any laws, regulations or ordinances in effect where the product is used;
Features or performance parameters pertaining to any software or services beyond the Warranted Functionality of the Product.
This Warranty does not include any specific guarantees that the product will be error-free, or regarding uptime or continued availability, data security features of software, or that any software or firmware will function uninterrupted or error-free. This limited warranty is void if a Product is returned with removed, damaged or tampered labels or any alterations (including the unauthorized removal of any component or external cover). This Warranty does 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 your data. Any damages or costs related to data recovery, removal, and installation are not recoverable under this Warranty. In this Warranty, Manus Machinae BV does not extend any implied or statutory warranties, conditions or representations regarding the product or any connected software or online services.
Manus Machinae BV disclaims any liability for non-conforming products due to improper use of the products. Such improper use includes but is not limited to damage caused by the products being dropped, badly handled, or damage caused by exposing the products for other temperatures or humidity conditions than recommended in the Proper Use of the product description. Improper use also includes modifications, reengineering, copying, and other changes to the software in breach of Manus Machinae BV’s intellectual property rights in accordance with section 8.This Warranty covers defects and malfunctions in the new Manus Machinae BV product(s) it accompanies (the “Product”). We warrant that the Product will, under normal and intended use, function substantially in accordance with our technical specifications or accompanying product documentation (the “Warranted Functionality”) during the Warranty Period. In our 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 from the date of shipping (the “Warranty Period”).If your Product is defective or malfunctioning, we will either repair or replace that Product, or update software or services, so that the Product performs according to the Warranted Functionality.
For determining if the defect or malfunctioning of the product is covered by this warranty we may request additional information like videos, pictures. If these do not provide enough information we may request you to send the product to us (we will arrange a pick up for you), if you send us the product for inspection you agree to transfer the ownership of the product to Manus Machinae BV. When we receive the product, we will determine if there is a defect or malfunction covered by this Warranty.
If we find a defect or malfunction covered by this Warranty, we will repair or replace the product to provide the Warranted Functionality. Any replaced Product will continue to be covered by this Warranty for the remainder of the original Warranty Period. A maximum of two incidents that require a replacement will be permitted during the warranty period.
5. LIMITATION OF LIABILITY
Manus Machinae BV SHALL IN NO EVENT BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOSS OF REPUTATION, LOSS OF GOODWILL, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE OF ANY PRODUCTS OR SERVICES BY Manus Machinae BV OR THE USE THEREOF WHETHER OR NOT 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 OF SUCH DAMAGES. Manus Machinae BV’S AGGREGATE AND CUMULATIVE LIABILITY TOWARDS YOU SHALL NOT EXCEED THE AMOUNT RELATED TO THE PAYMENT OF THE PRE-ORDER.YOUR CLAIM FOR DAMAGES MUST BE NOTIFIED TO Manus Machinae BV WITHIN NINETY (90) DAYS OF THE DATE OF THE EVENT GIVING RISE TO ANY SUCH CLAIM, AND ANY LAWSUIT RELATIVE TO ANY SUCH CLAIM MUST BE FILED WITHIN ONE (1) YEAR OF THE DATE OF THE CLAIM.
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 THIRD PARTIES ARISING IN CONNECTION WITH THE PRE-ORDER.
7. FORCE MAJEURE
If either Manus Machinae BV or you are prevented from performing any of the obligations under these Terms due to an exceptional event beyond Manus Machinae BV’s or your control, which could not reasonably have been foreseen before accepting these Terms, the non-performing party shall give immediate notice to the other party that a force majeure event has occurred. The non-performing party 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 natural disasters such as earthquakes, drought and floods.
8. INTELLECTUAL PROPERTY RIGHTS
Manus Machinae BV has the exclusive and worldwide right to all intellectual property rights related to the products included in the pre-order, whether patentable or not and whether registered or not. This includes but is not limited to the construction, methods, concepts, design, source code, software logs, interface design and trademarks.
You are awarded a non-exclusive, revocable and limited license to use the products and accompanying software. The software is for your own exclusive use. You may not copy, modify, upload, distribute, transfer, sublicense, lease, lend or rent the software to any third party.
9. PERSONAL DATA
11. GOVERNING LAW AND LEGAL VENUE
These Terms are governed by the laws of The Netherlands. Any dispute that is not solved amicably shall be resolved by judicial mediation. If judicial mediation 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 revoke your pre-order. Please send it to sales@Manus-VR.com.I/we hereby wish to revoke the following pre-order order:[fill in order number]The order was received [fill in date]Your name and address:[fill in name] [fill in address]Reason for revoking the order (optional):[fill in]Date:[fill in today’s date]
Privacy Statement (GDPR)Type of data and usage
Manus Machinae BV collects the following information– Email addresses for newsletters
– 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 Manus Machinae BV servers. Data is collected through our online forms and transferred securely to our databases. By filling out a form on our website and clicking submit, you agree to the terms specified concerning that specific component. Any information shared with Manus Machinae BV is subjected to being stored in our Customer Relationship Management system.Data security Manus Machinae BV takes security of personal data seriously. We exercise reasonable care when storing your data.Cookies, Visitor information and Google Analytics Manus Machinae BV does not use any tracking cookies on our own website. We do however implement Google Analytics and Social Media sharing. Our website videos are hosted on YouTube, by viewing these videos you accept the GDPR statement of YouTube.Sharing of personal and company dataAny personal data shared with Manus Machinae BV will only be used internally on a need to know basis. Under no circumstances will your personal data be shared or sold to any third party without your express permission.Reason for storing personal data Manus Machinae BV has a need for your personal and company information to engage in financial trade, distribution of physical goods and communication concerning our goods and services. This includes but is not limited to: invoicing, sales, shipping and email communication.NewsletterNewsletters are sent to email addresses on an opt-in basis. Manus Machinae BV will never send you marketing, sales or any other unsolicited email messages without your prior approval on receiving such messages. Once subscribed Manus Machinae BV has the right to send you any information, regarding any subject it sees fit.Storage duration: IndefinitelyDeletion of data: Each newsletter will end with an unsubscribe link, on unsubscribing your record will be removed from our newsletter database and newsletter recipient list.Invoicing/ Shipping addressInformation required for financial trade of goods and services. To place a purchase order with Manus Machinae BV you are required to provide Manus Machinae BV with the full name, email address, phone number, company name and company address of the purchasing party.Storage duration: IndefinitelyDeletion of data: At any given time you can request to have your data removed by sending an email to email@example.com with subject “Deletion of order information”. If you still have a running order which requires your personal information (“purpose of shipping”), you will need to specify that you require that order to be canceled.Feedback and requests placing a purchase with Manus Machinae BV you agree that a representative of Manus Machinae BV can contact you to request additional information. This can include but is not limited to: Insight in your companies use case for our product, customer journey questionnaire, customer satisfaction and partnership requests.