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 depended on sufficient backing from our pre-order campaign and fundraising process. Hence, Ambrosia 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 Ambrosia. Ambrosia explicitly rejects any terms deviating from the following Terms unless otherwise is agreed and confirmed in writing.
1. DESCRIPTION OF THE PRODUCT
Ambrosia strives to provide a complete and accurate description of the products offered. Nevertheless, Ambrosia cannot guarantee a complete resemblance between the illustration material, such as pictures, videos and written descriptions, and the actual products.
Ambrosia 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.
2. LIMITATION OF LIABILITY
AMBROSIA 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 AMBROSIA OR THE USE THEREOF WHETHER OR NOT SUCH DAMAGES ARE BASED ON TORT, WARRANTY, CONTRACT OR OTHER LEGAL THEORY, EVEN IF AMBROSIA HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITIES OF SUCH DAMAGES. AMBROSIA’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 AMBROSIA 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.
3. INDEMNITIES
YOU AGREE TO INDEMNIFY AND HOLD AMBROSIA, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS AND ADVISERS, FREE FROM ANY AND ALL CLAIMS, INCLUDING BUT NOT LIMITED TO DAMAGES, LEGAL FEES, COST AND EXPENSES, FROM THIRD PARTIES ARISING IN CONNECTION WITH THE PRE-ORDER
4. FORCE MAJEURE
If either Ambrosia or you are prevented from performing any of the obligations under these Terms due to an exceptional event beyond Ambrosia’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.
5. INTELLECTUAL PROPERTY RIGHTS
Ambrosia 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 you own personal use. You may not copy, modify, upload, distribute, transfer, sublicense, lease, lend or rent the software to any third party.
6. PERSONAL DATA
Personal data may be subject to collection and processing in accordance with Ambrosia’s privacy policy available on the Ambrosia website.
7. SEVERITY
If any part of these Terms is found to be invalid due to mandatory statutory law or a final legal judgment, it shall only affect those parts found to be invalid. The remaining parts of the agreement will still be enforceable.
8. GOVERNING LAW AND LEGAL VENUE
These Terms are governed by the laws of USA. Any dispute that is not solved amicably shall be resolved by judicial mediation. If judicial mediation fails, you agree to San Francisco District Court as a legal venue.
9. ALTERNATIVE DISPUTE RESOLUTION (FOR EUROPEAN ECONOMIC AREA CONSUMERS ONLY)
If you are a consumer within the European Economic Area (EEA), you may in lieu of law suit file a complaint to an alternative dispute resolution mechanism in your own country through the European Union Online Dispute Resolution portal.
APPENDIX
The right of withdrawal form (for European Economic Area customers only)
Fill out this form and return it to Ambrosia If you want to revoke your order, fill out this form and mail it to contact@ambrosiasys.com.
