Terms of Sale

Last Changes to Terms of Sale: March 13, 2017

 

Products offered on the uSens website (the “Store”) are offered by uSens Inc. (“uSens”, “we” or “us”), a Delaware corporation with its principal place of business at 1741 Technology Drive, Suite #130, San Jose, CA 95110, USA and ordering or purchasing a product (“Product”) from the Store are subject to the terms of sale (“Terms”) set out below.

Where applicable, ordering and purchasing are also subject to uSens’ Privacy Policy, uSens’ Terms of Service for uSens’ network of websites, uSens’ SDK Developer’s Agreement (if the SDK is used), and uSens’ Runtime Application License Agreement. The specific terms of each of these are viewable at http://uSens.com/. We reserve the right to change these Terms from time to time.

Information contained on the Store may contain technical inaccuracies or typographical errors. The Store, all content available on the Store, and all related communications are provided on an “as is” basis. We make no representations or warranties as to the completeness, accuracy, adequacy or reliability of any information contained on the Store.

Use of Virtual Reality Devices

uSens’ Products can be used in immersive environments. You agree that in using the Products or allowing others to use the Products you purchased, that uSens is not responsible for injuries caused by lack of awareness of real-world surroundings and obstacles when using a virtual reality device.

Users should stop using virtual reality devices immediately if they experience seizures, loss of awareness, eye strain, nausea or symptoms similar to motion sickness. Prolonged use should be avoided, as this could negatively impact hand-eye coordination, balance and multitasking ability.

Availability, Pricing, Ordering

All Products offered on the Store are subject to availability. Potential inventory shortages may impact our ability to fulfill an order. We reserve the right to cancel an order if we are, for any reason, unable to fulfill the order requirements. We reserve the right to accept or decline your order for any reason at any time, including after an order has been submitted, whether or not the order has been confirmed. If we cancel an order after you have already been billed, we will refund the billed amount in full.

We reserve the right to change prices for Products at any time, and to correct pricing errors that may inadvertently occur.

By placing an order, you represent and warrant that you are 18 years of age or older, that the information you have provided is true and correct, and that you have the right to use the payment means selected by you. You may be asked to supply information in connection with your order, including your credit card number or other payment account number, your billing address, and your shipping information. By submitting this information, you grant uSens the right to use it in accordance with uSens' Privacy Policy (available at http://uSens.com). These rights include, without limitation, the right to provide this information to third parties for purposes of facilitating the processing of orders and the completion of purchases initiated by you or on your behalf. Verification of information may be required prior to the confirmation or acceptance of an order or completion of any purchase.

Payment

All credit, debit and other payment accountholders are subject to validation checks and authorization by the card issuer or payment account administrator. If the issuer of your payment card or administrator refuses to authorize payment to us, we will not be liable for any delay or non-delivery.

Prices shown are in U.S. dollars. If you are paying for your order with an international credit card, the purchase price may fluctuate with exchange rates. In addition, your bank or credit card issuer may also charge you foreign conversion charges and fees, which may also increase the overall cost of your purchase. Please contact your bank or credit card issuer regarding these fees.

Shipping & Delivery

Once you have completed your purchase on our online store, we will provide you with an estimated delivery date. Every effort is made to facilitate delivery of your order on time, and by the estimated delivery date. The stated delivery period within which you will receive your order is approximate. Goods will be sent to the address given by you in your order (subject to any shipping restrictions, which we may impose in our sole discretion). All shipments are made by third party carriers.

Taxes, Customs Duties and Fees outside of the United States

We charge sales tax for sales of Products where we are required to collect it. If you live in a US state with sales or use tax and we do not collect sales tax, you are responsible for any applicable use taxes.

If your shipping address is outside of the United States, your items may be subject to taxes, customs duties and fees levied by the destination country ("Import Fees"). If so, you are the importer of record in the destination country and are responsible for all Import Fees, to ensure that the Products can be lawfully imported, and to comply with all laws and regulations of the destination country.

Return Policy

We do not accept returns or exchanges if you have a change of mind.  All products are sold “as is”. You assume the responsibility for your purchase, and no refunds will be issued.  We do however accept exchanges to defective and incorrect items.  If the item delivered to you isn't functioning properly or is incorrect, please immediately contact our Customer Service via e-mail. uSens must be notified with the intention to exchange within 7 days of receiving the items.  Please e-mail us with a subject line of “RMA number request” and include your order number and description of the item/s you wish to exchange.

Upon approval of your request, we will provide your with a RMA number and ship your new item.  Please follow the instructions provided and mail your exchange item(s) via your choice of carrier within 7 days after receiving your new item(s).  Return postage is the responsibility of the customer. uSens is not responsible for any packages that you send to us.  To avoid any disappointment, we recommend that all return postage should be traceable.  If we don’t receive your return shipment within 30 days, we will charge the full price of the exchanged item(s) on your credit card.  If you have any questions, please contact customer service for more information by sending an e-mail to orders@usens.com. Please include your order number.

National Statutory Rights

Consumers in some jurisdictions may have legal rights under applicable legislation governing the online sale of consumer goods. These rights are not affected or limited by these Terms.

Resale

You may not purchase uSens products for resale except as a developer of software that uses the Product. We reserve the right to refuse or cancel your order if we suspect you are purchasing products for resale and are not a developer.

Export Controls

You agree to comply with all applicable laws, regulations and orders applicable to the export, re-export, transfer or resale of Products. You also acknowledge that we will not take, and will not be required to take any action contrary to such applicable laws. Among other restrictions, note in particular that certain products may not be exported to certain countries, or may be exported only with individual licenses.

Limitations

The Store is offered by uSens from its offices in San Jose, California, USA. Documentation in or available through the Store, including these Terms, uSens’ Privacy Policy, uSens’ Terms of Service for uSens’ network of websites, uSens’ SDK Developer’s Agreement, and uSens’ Runtime Application License Agreement may only be in the English language. Product documentation, including manuals, instructions, and safety warnings, may only be available in the English language. The Products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labeling requirements.

Contact Us

If you have any questions or inquiries regarding these Terms or any order or purchase, please contact the uSens Support team through our website. Please note that e-mail communications will not necessarily be secure, so please do not include credit card information or other sensitive information in your e-mail correspondence with us.

Other Important Terms

These Terms are governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (CISG) will not apply.

We may transfer our rights and obligations under an order to another organization, but this will not affect your rights or our obligations under these Terms.

When you visit the Store, place an order, or send e-mails to us, you are communicating with us electronically. For contractual purposes, you consent to receive communications electronically from us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights related to electronic communications.

Limitation of Liability

uSens DOES NOT ACCEPT LIABILITY FOR THE PURCHASE, USE OR RETURN OF PRODUCTS BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. uSens WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, uSens IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. SOME JURISDICTIONS MAY NOT ENFORCE ALL OF THESE LIMITATIONS, AND ONLY THE LIMITATIONS THAT ARE LAWFULLY APPLIED TO YOU IN YOUR JURISDICTION WILL APPLY.