Terms of Sales
These terms of sale (these “Terms”) apply to all pre-orders, offers, sales and purchases of Sense Glove (the “Product”) sold through the Sense Glove website. We reserve the right to amend or update these Terms at any time by posting such amended or updated Terms on the Sense Glove website; Your continued use of the Sense Glove website or purchase products after the posted changes will constitute your acceptance of and agreement to such changes.
You may not order or obtain products or services from this website if you (a) Do not agree to these Terms, (B) are not older then (I) at least 18 years old (II) legal age to form a binding contract with Sense Glove, or (C) are prohibited from accessing or using this website or any of this website’s content goods or services by applicable law.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
- APPLICATION AND USE
By accepting the terms of sales of the Sense Glove (pre) order. The Customer accepts buying a developer version of the Sense Glove. This version is meant to develop virtual, augmented reality or robotics applications. This version cannot be considered as a final product, some of the parts are not manufactured using standard large-scale quantity manufacturing techniques, which might result in minor defects that do not affect Sense Glove its key performances.
- PURCHASE (PRE-ORDER)
For any pre-orders of the Product (as specifically identified on the Sense Glove Websites) you can cancel your pre-order at any time prior to the notice that the product has been shipped by emailing firstname.lastname@example.org with your cancellation request.
- OFFER, ACKNOWLEDGMENT AND ACCEPTANCE; CANCELLATION POLICY
4.1 Any prices, quotations and descriptions made or referred to on the Sense Glove Websites with respect to the Product are subject to availability, may be withdrawn or revised at any time at Sense Glove sole discretion prior to our express acceptance of your pre-order or order (as described below), and therefore do not constitute a bona fide offer of sale.
4.2 While we make every effort to ensure that items appearing on the Sense Glove Websites are available, we cannot guarantee that all items are in stock, immediately available, or available for distribution or delivery in all parts of the Territory (as defined below) when you submit your pre-order or order. We may reject or cancel your pre-order or order (without liability) if we are unable to process or fulfil it for any reason. If this is the case, we will refund any prior payment that you have made for that item if any such payment has been made.
4.3 A pre-order or order submitted by you constitutes an offer by you to Sense Glove to purchase the Product on these Terms and is subject to our subsequent Acceptance.
4.4 Our acceptance of your pre-order or order takes effect and a contract of sale is concluded at the point where such offer is expressly accepted by us. The Acceptance will take place 14 days before shipping of the pre-ordered product. You will receive an email with the Acceptance, after which you have 10 days to reject the Acceptance. To cancel the pre-order. (“Acceptance“).
4.5 Prior to such Acceptance, an automatic e-mail acknowledgement of your order may be generated. Please note that any such automatic acknowledgement does not constitute a formal acceptance of your pre-order or order.
4.6 Your placement of a pre-order does not create a contract for sale for a Product not offered for sale by Sense Glove. By placing a pre-order for a Product that is not yet available for sale, you make an offer to Sense Glove to purchase the Product subject to these Terms. Upon the placement of a pre-order, Sense Glove will charge your bank or payment card account. We will store this charge on a separate bank account assuring that you can cancel the pre-order at any time before the acceptance. Subject to Section 4.7, you may cancel your offer to purchase the Product at any time prior to the Acceptance; only the payment charges that we make will be charged to you. When the Product is offered for sale, Sense Glove may accept your offer to purchase Products subject to these Terms. Sense Glove may obtain additional authorization from your payment card company to confirm necessary funds are available to purchase the Products requested.
4.7 Cancellation Policy. After 10 days of the Acceptance, you may not modify or cancel your pre-order or order without our prior written consent; provided, however: (a) we may cancel your order at any time after Acceptance and prior to shipment for any reason in our sole discretion, including but not limited to (i) our inability to process or fulfill the order; (ii) you are in a country where the Product cannot be purchased or shipped; and (iii) your order does not comply with any applicable Terms, and in such event, we will issue you a credit or refund for any amounts already paid; and (b) for any pre-orders of the Product (as specifically identified on the Sense Glove Websites), you are permitted to cancel your pre-order up until such time as the Product has been shipped by emailing email@example.com with your cancellation request. The foregoing collectively constitutes our “Cancellation Policy”.
- PRODUCT SPECIFICATIONS; DISCLAIMER OF WARRANTIES
5.1 All Product specifications, illustrations, drawings, images, particulars, dimensions, performance data and other information on the Sense Glove website made available by us are intended to represent no more than a general illustration of the Product and its features and do not constitute a warranty or representation by us that the Product will conform with the same. The Product that is shipped to you may vary from these images or specifications.
5.2 The development Kit of the Sense Glove, the production version of the Sense Glove and the Software (including updates and new versions thereof) shall be provided on an 'as-is' basis without any warranty whatsoever. Any liability of Sense Glove is excluded to the fullest extent permitted by law. We will not provide any technical or Customer support for the product or whatsoever. If any technical support of assistance is provided with respect to the product and the use thereof, it is provided “as is” without any warranties. We do not warrant that the use or operation of the Product will be uninterrupted or error free. The Customer bears all risks relating to the use of the product an the quality and performance of the product and assume the entire cost of all necessary servicing, repair or correction as expressly set forth as part of the EXCHANGE POLICY.
Some Jurisdictions do not allow for the disclaimer or limitation of warranties, so the above disclaimer or limitation may not apply to you. However the Sense Glove is not intended as a consumer product.
- SAFETY INFORMATION
Always be aware of your surrounding when using Sense Glove in for example in combination with an HMD. Sense Glove is designed to not harm any of its users. The force-feedback mechanism is designed to be safe. However people with any disabilities are not allowed to use Sense Glove without any guidance of a professional. While wearing Sense Glove do not operate a vehicle, use in water, handle sharp or otherwise dangerous objects, or engage in any other activity where limitations caused by Sense Glove may result in a hazardous situation to you or others.
Never use Sense Glove longer than 3 hours without a pause of 15 minutes. When not using Sense Glove always be aware that Sense Glove is not connected to a computer, tablet or any other device. Sense Glove can become hot during extensive use. Be aware of touching the top of Sense Glove after use.
To reduce the risk of an electric shock: (1) Do not expose Sense Glove to water or moisture (2) Unplug Sense Glove before cleaning and clean only with dry cloth. 3. Keep Sense Glove away from open flames and other heat sources. (4) De not modify or disassemble Sense Glove without assistance of a professional trained by Sense Glove.
- PRICE AND TERMS OF PAYMENT
7.1 Prices payable for the Product may be indicated on the Sense Glove Websites or, an acknowledgement, but the authoritative price – in the event of any discrepancy – is the price that is notified to you on our Acceptance. We are not responsible for pricing, typographical or other errors in any offer by us, and we reserve the right to cancel any orders arising from such errors.
7.2 Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) VAT and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes, shipping or carriage of the Product, as such costs will be stated within the email of Acceptance.
7.3 Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) VAT and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes, shipping or carriage of the Product, as such costs will be stated within the email of Acceptance.
7.5 By submitting an order or pre-order to Sense Glove, you authorize Sense Glove to charge the amount of your (pre)-order with the payment method you provided. You represent and warrant that: (i) the payment method information you provide to us is true, correct, and complete, (ii) you are duly authorized to use such payment method for purchase, (iii) charges incurred by you will be honoured by your payment method provider, (iv) you will pay the charges incurred by you at the posted prices, including all applicable taxes and shipping costs, if any; and (v) if any details related to your payment method change while you are waiting for our acknowledgment, you will email Sense Glove at firstname.lastname@example.org with the updated payment information. Additional terms and conditions of your payment method provider may apply to your purchase. We will charge the payment method you provided upon Acceptance and prior to shipment of the Product. We reserve the right to verify credit or debit card payments prior to Acceptance. Sense Glove may cancel or suspend your order if the payment method cannot be verified, is invalid, or is otherwise not acceptable. You are responsible for resolving any payment problems.
- REJECTION, DAMAGE OR LOSS IN TRANSIT; EXCHANGE POLICY:
8.1 Except as set out as part of the “Exchange Policy” set forth below, and subject to any rights you have under applicable law that cannot be excluded or limited by these Terms:
8.1.1 We will not be liable and you will not be entitled to reject the Product, except for: (a) damage to or loss of Product or any part thereof in transit (where the Product are carried by our own transport or by a carrier on our behalf) where notified to us within 5 business days of receipt of the Product (the foregoing constitutes our “Exchange Policy“) in accordance with the Exchange Policy procedures set forth in Section 8.2 below;
8.1.2 We will not be liable for any damage or losses arising from: (a) defective installation or use of the Product; (b) the use of the Product in connection with other defective, unsuitable or defectively installed equipment; or (c) your negligence, improper use or use in any manner inconsistent with our or any other manufacturer’s specifications or instructions.
8.1.3 Where these is a shortage or failure to deliver, or any damage to the Product, we may, in our sole discretion, and at our option: (a) in the case of Product shortage or non-delivery, make good on any such shortage or non-delivery; and/or (b) in the case of damage to the Product and in accordance with the Exchange Policy, replace, exchange or repair the Product upon you returning the Product in accordance with the Exchange Policy procedures set forth below.
8.2 Exchange Policy Procedures. If the event of damage to the Product meeting the terms and conditions of the Exchange Policy, you should email email@example.com within 5 business days of receipt of the Product, and you will arrange for delivery and return of the damaged Product (which must include all original packaging, hardware, accessories materials, and documentation) at your sole expense. You bear the risk of loss during shipment. Upon receipt by us of the returned Product (including all original packaging, hardware, accessories materials, and documentation), and verification of the damage, we will ship out to you a replacement Product, or repaired Product, in Sense Glove’s sole discretion, as soon as reasonably possible.
8.3 Exchange Policy Limitations. Your rights of repair or replacement of the Product or any part or parts thereof as part of the Exchange Policy will in all cases be negated or rendered void where: (a) the Product has been modified or altered by persons other than us or any authorized dealer; (b) the Product has not been returned together with full details in writing of the alleged damage in accordance with the Exchange Policy; and/or (c) the damage to the Product is due (wholly or partially) to mistreatment, improper use or storage or maintenance or installation, or failure to observe any instructions or other directions issued or made available by us in connection with the delivered Product.
- DELIVERY AND RISK
9.1 Delivery timelines/dates specified on the Sense Glove Websites, in any order acknowledgement, Acceptance or elsewhere are estimates only. While we will endeavour to meet such timelines or dates, we do not undertake, promise or warrant to dispatch the Product by a particular date or dates and will not be liable to you in respect of delays or failure to do so.
9.2 Delivery will be to a valid address submitted by you (“Delivery Address”), and subject to Acceptance. You must check the Delivery Address on any acknowledgement or Acceptance we provide and notify us without delay of errors or omissions. We reserve the right to charge you for any extra costs arising from changes you make to the Delivery Address after you submit an order.
9.3 Except to the extent required as a result of any mandatory rights you have as a consumer under applicable law, you will not be entitled to reject the Product in whole or in part by reason of short delivery and will pay in full notwithstanding short delivery or non-delivery unless you notify us in writing of any claim within 5 days of the latest of the date of receipt of the relevant invoice or delivery whereupon you will pay for the quantity actually delivered. Such notifications can be sent to firstname.lastname@example.org.
9.4 Except as otherwise provided in these Terms, risk of loss of or damage to the Product passes to you upon delivery, or when the Product is placed in your possession or that of any carrier or transport provided by you, whichever occurs first.
- SENSE GLOVE SDK
Purchase of the Product does not entitle you to ownership or a license to any software generated by Sense Glove for use with the Product (the "Software"). To the extent that Sense Glove, in its sole discretion, grants you access to any such Software, the Software is licensed by us or by the relevant licensor/owner subject to the relevant end-user license agreement or other license terms included with the Product and/or on the Sense Glove Websites including the Github page of Sense Glove (the “License Terms“).
Specifically, Sense Glove shall have sole discretion to determine and change the availability, nature, features, content, versioning of any Software that it makes available to you, for download through the the Github page of Sense Glove or otherwise (including the Sense Glove software developer kit ("SDK")). Purchase of a Product does not entitle you to access to any specific features, content or version of the SDK, including and especially versions of the SDK that have not yet been made available to the public. Sense Glove will have no obligation to provide any updates or upgrades to any Software it makes available to you, but in the event that it does, such updates, upgrades and any documentation will be subject to the License Terms available at https://www.senseglove.com/develop/licence.
Except to the extent expressly provided by us in writing or under the License Terms, the Software is provided “AS IS” without any warranties, terms or conditions as to quality, fitness for purpose, non-infringement, performance or correspondence with description and we do not offer any warranties or guarantees in relation to the Software installation, configuration or error/defect correction.
- LIABILITY LIMITATION
To the maximum extend legally permitted, whether or not we were aware or advised of the possibilities of damages, and whether or not the limited remedies provide herein fail of their essential purpose: (a) Our aggregate liability (whether for breach of contract, tort or under any legal theory) will in no circumstances exceed the cost of the product you ordered which is related to or give rise to your claims; and (b) in no event will we be liable for special, incidental, indirect or consequential damages, lost profits, los revenue, or cost of cover.
- CONSENTS, CUSTOMS DUTIES & EXPORT
If any license or consent of any government or other authority is required for the acquisition, carriage or use of the Product by you, you will obtain such license or consent at your own expense and if necessary produce evidence to us on demand. You will meet any additional expenses or charges incurred by us resulting from such failure. You are not allowed to resell or redistribute any product purchased from the Sense Glove websites.
13.1 We will not be liable to you nor held in breach of contract for any loss or damage which may be suffered as a direct or indirect result of us being prevented, hindered or delayed in the performance by reason of any circumstances beyond our reasonable control including (but not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labour disturbance, breakdown of plant or machinery, interruption in the supply of power or materials and in such event we may elect to cancel your order and refund any payments made.
13.2 You acknowledge that these Terms supersede and cancel all previous contracts, agreements and working arrangements whether oral or written, express or implied, between us with respect to the purchase of Products. These Terms prevail over any other terms or conditions contained in or referred to elsewhere or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted.
13.3 To the fullest extent permitted under applicable law, we reserve the right to modify these Terms upon prior written notice to you with effect for the future – subject to your right to reject, by way of written notice, our modifications to these Terms with respect to any orders for which Acceptance, but not yet fulfilment, has occurred.
13.4 No waiver of any term or condition of these Terms will be effective unless made in writing and signed by us. The waiver of any breach of any Term will not be construed as a waiver of any subsequent breach or condition.
13.5 Any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the laws of the Netherlands, and the parties irrevocably submit to the exclusive jurisdiction of the court of The Hague.