These Pre-Order Terms and Conditions (“Terms”) govern the placing of pre-orders («Pre-Order») with Evoy AS (publ) (“we”, “us”, or “Evoy”) for our products and accessories («Products»). Please read these Terms carefully before submitting your Pre-Order of any Evoy Products. After submitting your Pre-Order, you are legally bound by these terms.
1. Pre-Order Reservation
The Evoy Products have not yet been put on the market for sale. When placing a Pre-Order for Evoy Products, you reserve the right to, at a later date, purchase Evoy Products once it is put on the market (a “Purchase”), which is estimated to occur during 2019. Prior to delivery of the Products, the Pre-Order must be converted to a Purchase as intended with the Pre-Order upon which a separate purchase agreement shall be signed. We will inform you of the exact timing hereof and the actions required by you to convert your Pre-Order to a Purchase.
When placing a Pre-Order for Evoy Products, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate. You can update your information at any time prior to your product being shipped by sending an e-mail to firstname.lastname@example.org.
2. Price and Payment
As of now, there is no payment for placing your Pre-Order. Evoy can however at any time change the policy, but it will not have an effect for pre-orders already made.
3. Delivery Schedule
Although we will make efforts to begin delivering Products as soon as reasonable practice for placing your Pre-Order able, you understand and agree that there may be delays. An estimated time of delivery (ETD) is only an estimate, is subject to change, and Evoy does not represent or warrant that it will be able to ship the Product by the estimated date. As a result, in the event that a delay arises and the estimated shipment and/or release of the product is not met, Evoy is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. We will provide you periodical updates with respect to such delivery schedule. If for any reason you decide that you do not wish to continue to wait for your Product, you may cancel your reservation as provided for in Section 4 below.
You or Evoy may cancel this reservation by terminating the Pre-Order at any time for any or no reason prior to our notice. If you do so prior to the conversion of your Pre-Order to a Purchase, you will obtain a refund of the Pre-Order Price without interest. If Evoy cancels your reservation you will receive a full refund of the purchase Price without interest.
5. Limitation of Liability
Under no circumstances will Evoy be held liable for any incidental, special or consequential damages arising out or related to this agreement. In the event Evoy is held liable for any damages arising out or related to this agreement, your sole and exclusive remedy will be the full refund of the Pre-Order Price without interest.
6. Customer Information
Evoy disclaims any warranties, express or implied, with respect to the prototype product displayed by Evoy whether before or after you have placed the pre-order. You understand and agree that the product, its design and technical features are currently under development and that the product that may be available for purchase by you may be materially different from the prototype product. If for any reason you are unhappy with the final version of the product, your sole and exclusive remedy will be to cancel your pre-order as described in section 4 above.
8. Changes to the Terms
Evoy reserves the right to change any of the terms for any or no reason. We will provide notice of any material changes and, if you are unhappy with such changes, your sole and exclusive remedy will be to cancel your reservation as described in Section 4 above.
9. Miscellaneous Provisions
These Terms constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior agreements, representations and understandings of the parties. This Agreement shall be governed by and shall be construed in accordance with the laws of Norway. The venue for any actions relating to the subject matter or enforcement of this Agreement shall be in Norway, the place where this Agreement was entered and is to be performed. You may not assign this Agreement or any of the rights granted to you hereunder.1