Pre-Order and Order Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE PLACING A PRE-ORDER OR ORDER.
These Pre-Order and Order Terms and Conditions (the “Terms”) govern the placement of Pre-Orders (orders that are not paid in full) (“Pre-Order”) and Orders (orders that are paid in full) (“Orders”) with IMMY INC., a Michigan corporation (“IMMY”) supplying Products (as defined below) to you ("Customer" or “you”) on domains or sub-domains owned by IMMY or by phone or email.
Please read these Terms carefully before submitting a Pre-Order or an Order of any IMMY Product (the “Product”). By submitting a Pre-Order or Order, Customer is entering into an agreement with IMMY that is made effective on the date of the Submission, subject to the following Terms. IMMY may change these Terms (at its sole discretion) without Notice to Customer on a prospective (not retroactive) basis. By submitting a Pre-Order or Order after these Terms have been modified, Customer agrees to such modifications.
1. Product: A Product available for Pre-Order is any Product designated as “Pre-Order” on IMMY’s website that are not paid in full. A Product available for Pre-Order or Order may not be immediately available for shipment. A Product is reserved for Customer when the Customer submits a Pre-Order or Order and it is confirmed by IMMY.
2. Pre-Orders: IMMY Inc. reserves the right to not accept Pre-Orders or Orders at IMMY INC.’s sole discretion. Pre-Order and Order Products may not be in-stock and may not yet be available. By submitting an order for a Product, Customer is reserving it. When placing a Pre-Order or Order for a Product, Customer will be required to provide certain information, such as his/her/its address and billing information. Customer represents and warrants that all such information is accurate. Customer shall be responsible for keeping such information current. IMMY shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information of Customer. Customer can update his/her/its information at any time prior to the Product being shipped by sending an e-mail to info@IMMYInc.com.
When the Order Product comes into stock, it will be immediately shipped. When the Pre-Order Product comes into stock, Customer will be invoiced for the sale price agreed upon at the time of Pre-Order plus shipping and handling expense and tax (collectively the Out of Pocket Costs are referred to as “OPC”), minus the Non-Refundable and Non-Transferable Deposit (the “Deposit”) amount. If Customer has a credit card on file with IMMY, IMMY will process it when the Product comes into stock. If Customer’s credit card fails or he/she/it does not have a credit card on file with IMMY, you have 30 days to pay this invoice. If Customer has not paid within 30 days after receipt of the invoice, Customer’s Pre-Order will be cancelled and the Product will be sold to the next person in line. In accordance with the Pre-Order Terms, Customer’s deposit will be forfeited to IMMY.
When placing an Order for a Pre-Ordered Product, the Order or your Invoice may indicate an estimated shipping time. Pre-Ordered Products will be shipped if and when available. The Company makes no guarantee that any such Products will be shipped at any particular time and the actual date of shipment may change for any reason, including availability of parts, supplier difficulties, changes in specifications, matters beyond Company’s or its merchant’s control, design changes, government approvals or certifications, or any other reason. Company will update you with its estimate of the shipping date from time to time, and will notify you when the Pre-Ordered Product ships.
If Customer requests a Pre-Order by any means other than the website, including by telephone or email or mail, the Pre-Order is considered submitted upon payment of the Deposit. An Order is considered submitted upon payment in full.
3. Personal Information: IMMY Inc.'s collection of personally identifiable information may be a requirement for access to the product or service or to process a user’s order. If Customer fails to provide required information within 30 days of receiving Notice IMMY INC. reserves the right to cancel your Pre-Order and forfeit your Deposit.
4. Payment and Billing: Customer may pay for his/her/its Order or Deposit for Products on the website by providing valid credit card information on the shopping cart's form. By submitting such credit card information, Customer gives IMMY permission to charge the credit card he/she/it designated on the Pre-Order or Order form for the Deposit or the cost of the Product(s), plus OPC. Customer agrees to pay all OPC with the Pre-Order upon completion of the Pre-Order and for the Order on payment in full.
At IMMY’s sole discretion, it may require payment via cash, check, or bank transfer. Customer is responsible for bank transfer fees.
5. Non-Refundable Deposit: IMMY requires a Deposit from Customer for certain Pre-Order Products and payment in full for an Order Product. The amount of the Deposit will be privately available to the Customer upon request. All Deposits are non-refundable, non-transferable, and will not be returned to Customer should he/she/it decide to cancel the Pre-Order. The Deposit does not represent the full purchase price of the Product. By completing a Pre-Order and submitting a Deposit, Customer agrees to the Terms.
6. Shipping and Handling: When Customer places a Pre-Order, he/she/it agrees to the OPC. IMMY then ships the Products as they come into stock. If a Customer Pre-Order contains both in-stock and Pre-Order / back Pre-Ordered Products, the Pre-Order may be shipped in multiple shipments, as Products come into stock. In the absence of specific shipping instructions, Company will ship by the method it deems most advantageous. Transportation charges will be collected from Customer upon delivery, or if prepaid, will be subsequently invoiced to Customer.
7. Delivery; Acceptance; Title; Risk of Loss: Delivery will be made F.O.B. Company's Michigan plant. The time of delivery is the time the product to be delivered is picked up by the carrier.
Title to the products shall pass to the Customer upon delivery thereof by Company to carrier (F.O.B. Company’s Michigan plant) and upon delivery the Customer shall be responsible for and bear the entire risk of loss or damage to the products. Orders submitted by you are not binding upon the Company until the Pre-Order or Order is accepted by Company as indicated by Company’s issuance of a purchase invoice to you by email for such Pre-Order or Order, which email also constitutes Company’s acceptance of your Order.
8. Customs Duties / VAT: International Pre-Orders and Orders may be subject to Customs fees, and IMMY INC. is not responsible for any of these fees incurred by your country. If you fail to pay these fees and your Pre-Order is returned to us, you will be responsible for costs of returning the Product to us, including shipping and insuring the shipment. All pricing will be noted on your Pre-Order or Order and on the Invoice in the appropriate country-, or region-specific currency as indicated thereupon. Depending on that currency, your credit card company may apply a conversimon rate and additional fees that are outside of Company’s control. Furthermore, if for any reason pursuant to this Agreement you become entitled to a refund, that refund may be converted by your credit card company at a different rate eaning that it may be lesser than, or greater than, the actual amount charged to you by your credit card company, as the case may be.
9. Pre-Order Cancellations: Customer may cancel his/her/its Pre-Order at any time up until the Product ships, and be released from the balance of the purchase price but the Deposit will be forfeited. IMMY reserves the sole and exclusive right to refuse business to any Customer due to excessive Pre-Order or Order cancellations.
10. Damaged or Defective Items: If an item is damaged during shipping or has a manufacturer defect, Customer may contact IMMY within 5 business days of receiving the item. IMMY may require digital photos of the alleged damage. IMMY reserves the right to require Customer to cover the cost of shipping. In the event that IMMY cannot replace your Product, IMMY will refund the entire amount of the original order of the Customer.
NOTE: CUSTOMER MUST NOT ATTEMPT TO FIX THE PRODUCT. If Customer attempts to repair a Product all warranties are voided.
11. Missing Packages: Customer must contact IMMY within 30 days if he/she/it has not received the Product. IMMY is not responsible for lost Product packages, and will work with Customer to resolve the issue at IMMY’s sole discretion.
12. Product Release Date: The release date for a Product available for Pre-Order is specified on the IMMY website, and is an estimation of when the Product will be available for shipment by IMMY. Availability of the Product on or before the release date is not guaranteed for any Order or Pre-Order.
13. Notice: IMMY may deliver Notice to Customer by means of e-mail, a phone call, a general Notice on the IMMY website, our newsletter, or by other reliable method to the address Customer has provided IMMY.
14. Limited Warranty: IMMY provides a one year warranty (two years in European Union) from later of date of delivery or purchase, covering defects and malfunctions in the Product, to the effect that the Product will, under normal and intended use, function substantially in accordance with IMMY’s technical specifications or accompanying product. IMMY will either repair or replace the Product, or update software or services, so that it performs substantially as warranted, or, in its sole discretion, refund the purchase price. All other representations, warranties, endorsements, and conditions of any kind, express or implied, including, without limitation, any warranties of title or non-infringement and any implied representations, warranties and conditions of fitness for a purpose, merchantability, merchantable quality, satisfactory quality, durability, or arising from a course of dealing or usage of trade are hereby excluded and are expressly disclaimed. Some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion of certain warranties, so the above limitations or exclusions may not apply to you if so required by applicable law. COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED.
15. Intellectual Property; Embedded Software License: Customer acknowledges and agrees that, as between Customer and Company, all intellectual property rights in and to the design and manufacture of the products, including without limitation all intellectual property rights in the computer software or firmware that is embedded in the products (“Embedded Software”), shall be and remain the property solely of Company. All software that is not embedded in the products, including without limitation updates to Embedded Software, is provided under separate software license that may be accessed via Company’s Web portal.. By selling the products to Customer, Company is conferring solely to Customer only the right to use the products in accordance with Company’s user documentation and other operating instructions. Subject to Customer’s payment in full for the products, Company hereby grants to Customer a nonexclusive, fully paid-up, royalty-free non-transferrable, non-sublicensable license to use the products and Embedded Software solely in connection with the use of the products. Customer shall not reverse engineer, disassemble, decompile, or otherwise deconstruct, examine the products or Embedded Software or remove the Embedded Software from the products, and any attempt to do so shall immediately void this license, subject Customer to damages, and subject Customer to liability as an infringer of Company’s rights in the product or Embedded Software. The products are offered for sale and are sold by Company subject in every case to the condition that such sale does not convey any license, expressly or by implication, estoppel or otherwise, under any patent or other intellectual property with respect to which Company can grant licenses, including without limitation intellectual property rights covering the products, its design, or any assembly, circuit combination, method or process in which any such products are used as components other than those licenses stated in this Section. Company expressly reserves all its rights under such patent or other intellectual property claims. All trademarks, service marks and trade names of IMMY used on its website and Products are trademarks or registered trademarks of IMMY INC.
16. Typographical Errors: In the event that a Product advertised by IMMY is mistakenly listed at an incorrect price, IMMY reserves the right to refuse or cancel any Orders or Pre-Orders placed for Product listed at the incorrect price. IMMY reserves the right to refuse or cancel any such Pre-Orders or Orders whether or not the Pre-Order or Order has been confirmed and Customer’s credit card charged. If Customer’s credit card has already been charged for the purchase and the Pre-Order or Order is cancelled, IMMY shall issue a credit to Customer’s credit card account in the amount of the incorrect price.
17. Term / Termination: The Terms are applicable to Customer upon his/her/its accessing the IMMY website and/or placing a Pre-Order or Order. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination for as long as permitted by applicable governing law.
18. Indemnification: Customer acknowledges and agrees that the use of the products other than in accordance with Company’s operating instructions can involve substantial risk of property damage or personal injury, up to and including death of the user or of third parties. Customer agrees to indemnify, defend, and hold harmless IMMY, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms by Customer or any other activity related to the Product (including negligent or wrongful conduct) by Customer or any other person accessing the website and using Customer’s internet account.
19. No Class Arbitrations Class Actions or Representative Actions: Customer and IMMY agree that any dispute is personal to the Customer and IMMY, and that any dispute shall not be brought as a class arbitration, a class action, or any other representative proceeding.
20. Limitation of Liability: IMMY DOES NOT, UNDER THIS LIMITED WARRANTY, ASSUME ANY LIABILITY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR REVENUES, LOSS OF DATA, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF ANY REPLACEMENT GOODS OR SUBSTITUTE EQUIPMENT, OR LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS BEING REPLACED OR REPAIRED. FURTHER, IN NO EVENT SHALL IMMY BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF IMMY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES, FOR ANY CLAIM ARISING FROM OR RELATED TO IMMY’S LIMITED WARRANTY OR THE PRODUCT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR LEGAL OR EQUITABLE THEORY.
IN NO EVENT SHALL IMMY’S LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO ITS LIMITED WARRANTY OR THE PRODUCT EXCEED THE PRICE PAID BY YOU FOR PURCHASE OF THE PRODUCT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR LEGAL OR EQUITABLE THEORY.
The Company shall not be liable for any loss, damages, or penalty resulting from delay in delivery when such delay is due to causes beyond the reasonable control of Company, including but not limited to supplier delay, force majeure, act of God, labor unrest, fire, explosion, or earthquake. In any such event, the delivery date shall be deemed extended for a period equal to the delay.
21. Governing Law: Without reference to choice or conflict of law principles and rules otherwise applicable, this Agreement shall be governed by and construed in all respects according to the laws of the State of Michigan, and the Parties hereto agree to submit to the non-exclusive jurisdiction of the courts of the State of Michigan, USA.