These terms of sale (these “Terms”) apply to all pre-orders, offers, sales and purchases of SenseGlove (the “Product”) sold directly by SenseGlove or through the SenseGlove website. We reserve the right to amend or update these Terms at any time by posting such amended or updated Terms on the SenseGlove website.
You may not order or obtain products or services from SenseGlove 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 SenseGlove.
References to (A) “Us,” “We,” “our” or “SenseGlove” are construed to mean SenseGlove B.V. and Adjuvo Motion B.V. and its affiliates and (B) “you” or “your” is construed to mean the purchaser of a Product from SenseGlove; the (“Customer”).
2. APPLICATION AND USE
By accepting the terms of sales of the SenseGlove order. The Customer accepts buying a developer version of the SenseGlove. This version is meant to develop virtual, augmented reality or robotics applications. This version cannot be considered as a final product and if implemented of resold within a product the Customer is responsible for all applicable certifications such as FDA and CE certifications. Since the SenseGlove DK1 cannot be considered as a final product the Customer waives SenseGlove for all claims regarding certifications. Some of the parts are not manufactured using standard large-scale quantity manufacturing techniques, which might result in minor defects that do not affect SenseGlove its key performances.
3. PRODUCT SPECIFICATIONS; DISCLAIMER OF WARRANTIES
3.1 All Product specifications, illustrations, drawings, images, particulars, dimensions, performance data and other information on the SenseGlove 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.
3.2 The development Kit of the SenseGlove, the production version of the SenseGlove and the Software (including updates and new versions thereof) shall be provided on an 'as-is' basis without any warranty whatsoever. Any liability of SenseGlove 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, 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 SenseGlove is not intended as a consumer product.
4. SAFETY INFORMATION
Always be aware of your surrounding when using SenseGlove in for example in combination with an HMD. SenseGlove 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 SenseGlove without any guidance of a professional. While wearing SenseGlove do not operate a vehicle, use in water, handle sharp or otherwise dangerous objects, or engage in any other activity where limitations caused by SenseGlove may result in a hazardous situation to you or others.
Never use SenseGlove longer than 3 hours without a pause of 15 minutes. When not using SenseGlove always be aware that SenseGlove is not connected to a computer, tablet or any other device. SenseGlove can become hot during extensive use. Be aware of touching the top and motor housings of SenseGlove after use.
To reduce the risk of an electric shock: (1) Do not expose SenseGlove to water or moisture (2) Unplug SenseGlove before cleaning and clean only with dry cloth. 3. Keep SenseGlove away from open flames and other heat sources. (4) De not modify or disassemble SenseGlove without assistance of a professional trained by SenseGlove.
5 REJECTION, DAMAGE OR LOSS IN TRANSIT; EXCHANGE POLICY:
5.1 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:
5.1.1We 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 6.2 below;
5.1.2 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.
5.1.3 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.
5.2 Exchange Policy Procedures. If the event of damage to the Product meeting the terms and conditions of the Exchange Policy, you should email 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 SenseGlove’s sole discretion, as soon as reasonably possible.
5.3 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 authorised 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.
5.4 Exchange Policy Procedures. “Trial Period”. SenseGlove offers its customer a Trial Period of 14 days. Within 14 days the SenseGlove can be tested. In the event of non-satisfaction of the product you should email within 14 business days of receipt of the Product, and you will arrange for delivery and return of the used 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 SenseGlove of the returned Product (including all original packaging, hardware, accessories materials, and documentation), and verification of damage, SenseGlove will reimburse the customer with the full amount paid for the Product (excluding shipment), in SenseGlove’s sole discretion, within a month. In case a damaged product is returned SenseGlove will fix the product at the expenses of the customer
6. DELIVERY AND RISK
6.1 Delivery timelines/dates specified by SenseGlove 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.
6.2 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.
6.3 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
6.4 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.
7. SENSEGLOVE SDK
Purchase of the Product does not entitle you to ownership or a license to any software generated by SenseGlove for use with the Product (the "Software"). To the extent that SenseGlove, 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 SenseGlove Websites including the Github page of SenseGlove (the “License Terms“).
Specifically, SenseGlove 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 SenseGlove or otherwise (including the SenseGlove 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. SenseGlove 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.
8. 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.
9. 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 SenseGlove websites.
10.1 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.
10.2 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.
10.3 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.
10.4 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. Except for the waiver from us to the Customer as described under paragraph 2.
10.5 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.