Terms & Conditions for Online Offers to Purchase
Last Updated: June 19, 2017
Please read all of these terms and conditions (“Purchase Offer Terms”) carefully before submitting your pre-order for a Glowforge, Inc. 3D laser printer (the “Product”). By submitting your pre-order or confirming your shipping address, you agree to be legally bound by these Purchase Offer Terms.
Purchase and use of the Product is subject to the Terms of Service (available at https://glowforge.com/terms-of-service), as well as the Glowforge Warranty and Refund Policies (available at www.glowforge.com/warranty), both of which are hereby incorporated by reference, including the following provisions:
- These Purchase Offer Terms provide that all disputes related to these Purchase Offer Terms will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court.) Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Arbitration Agreement in the Terms of Service for the details regarding your agreement to arbitrate any disputes arising under these Purchase Offer Terms. (See Section 21 of the Terms of Service for further details.)
- The Product is provided with a limited warranty and right to refund, as laid out in our Warranty and Refund Policies. (See the Warranty and Refund Policies for further details.)
- Glowforge’s liability is limited. (See Section 1 and Section 18 of the Terms of Service for further details.)
- Risk of loss for the Product passes to you on Glowforge’s delivery of the Product to the carrier. (See Section 13.5 of the Terms of Service for further details.)
- You agree to comply with any export controls. (See Section 13.4 of the Terms of Service for further details.)
- You are responsible for all import duties, taxes, and other charges other than local sales tax. If you have already placed a pre-order and discovered that taxes make your pre-order untenable for you, please contact Glowforge Support to rescind your pre-order, and we will refund the amount you paid in connection with your pre-order in full. (See Section 5.1 of the Terms of Service for further details.)
- Use of the Product requires use of the Service (as defined in the Terms of Service) and compliance with the Terms of Service. If you do not have access to the Service, Glowforge will not be liable for your inability to use the Product, and your sole and exclusive remedy will be to request a refund if allowed by the Glowforge Warranty and Refund Policies. (Please review the Terms of Service and Warranty and Refund Policies for further details.)
- You agree to indemnify Glowforge for certain claims arising from your use of the Product. (See Section 16 of the Terms of Service for further details.)
- Glowforge reserves ownership in all Glowforge intellectual property and related rights. (See Section 15 of the Terms of Service for further details.)
- Pre-Order and Acceptance. Each pre-order you submit for a Product constitutes an offer to purchase that Product. Pre-orders are complete when you provide your shipping address to us. Completed pre-orders are subject to Glowforge’s acceptance and may be rejected at any time and for any reason at Glowforge’s discretion. If Glowforge rejects your offer, Glowforge will, as your sole and exclusive remedy and Glowforge’s sole and exclusive liability, refund the amount you paid as described in by the Warranty and Refund Policies. Glowforge will send you an email to the address provided by you once Products are shipping to indicate whether your pre-order has been accepted or rejected. If you have any questions, comments, or concerns regarding Glowforge’s pre-order acceptance policy, or if you believe that your pre-order was rejected in error, please contact Glowforge at firstname.lastname@example.org. If you do not provide your shipping information within 30 days of Glowforge’s request, Glowforge may, at its sole discretion, provide you a full refund of the amount you paid or continue to attempt to contact you. Glowforge will make reasonable efforts to contact you to provide a refund after that 30 day period, but if Glowforge does not receive a response from you within 90 days of Glowforge’s initial request for your shipping address, or if Glowforge is not able to process your refund after that 30 day period (for example, due to a cancelled credit card or closed PayPal account), then Glowforge will treat the amount that you paid as unclaimed property in accordance with applicable law.
- Eligibility. You must be at least 18 years old to offer to purchase a Product. By agreeing to these Purchase Offer Terms, you represent and warrant to us that you are at least 18 years old. If you are offering to purchase a Product on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Purchase Offer Terms and you agree to be bound by these Purchase Offer Terms on behalf of that organization.
- Payment. In order for your offer to be eligible for Glowforge’s acceptance, you must pay the amount for the Product elected by you as set forth on the Glowforge website by credit card through PayPal, Stripe, or any other payment method designated on our website. Payment does not guarantee acceptance of your pre-order.
- Shipping and Delay. You are ordering a product that has not yet been manufactured. Any shipping date is an estimate only, and the actual shipping date for any accepted pre-order will depend on a variety of factors including manufacturing schedule, and the dates of your pre-order, your completed pre-order, and when we accept your completed pre-order. Commencement of shipping is subject to change without notice to you. We list shipping charges for each country on our website, and you must pay all shipping charges for the location of the address you provide. You must also pay all tariff, import, customs, tax, and other charges applicable in your jurisdiction. If shipping costs to the address that you provide for an accepted pre-order are higher than the shipping costs you paid at the time that you offered to purchase a Product, Glowforge may, in its sole discretion, require you to pay additional shipping fees or refund the full amount you paid.
- Force Majeure. If Glowforge accepts your offer to purchase a Product, Glowforge will not be liable to you for any delay, including any delay due to an event beyond Glowforge’s reasonable control, such as an act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of Glowforge’s control.
- Modification of these Purchase Offer Terms. We reserve the right, at our discretion, to change these Purchase Offer Terms on a going-forward basis at any time. Please check these Purchase Offer Terms periodically for changes. If a change to these Purchase Offer Terms materially modifies your rights or obligations, you will be required to accept the modified Purchase Offer Terms in order for your pre-order to remain valid. Material modifications are effective upon your acceptance of the modified Purchase Offer Terms. Immaterial modifications are effective upon publication. Disputes arising under these Purchase Offer Terms will be resolved in accordance with the version of these Purchase Offer Terms that was in effect at the time the dispute arose.
- Controlling Law and Severability. These Purchase Offer Terms will be governed by and construed in accordance with the laws of the State of Washington, excluding its conflict of law principles. These Purchase Offer Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any portion of these Purchase Offer Terms to be unenforceable, the remainder of these Purchase Offer Terms will continue in full force and effect.
- Contact Information. Glowforge, Inc. is located at 2200 1st Avenue South, Seattle, WA 98134, USA. You may contact us by sending correspondence to that address or by emailing us at email@example.com.