This Nymble Kitchen Robot Reservation Agreement (“Agreement”) between you (“You” or “Your”), and Epifeast Inc., a company incorporated under the laws of the state of Delaware, USA, with an office at 2013 Fairmont Dr, San Mateo, California, USA 94402 (“We”, “Our” or “Us”, which terms may include our affiliates, successors-in-interest, and permitted assigns), is for Your reservation with Us of a Nymble Kitchen Robot.
1.1 1.1 You hereby confirm that You wish to reserve a Nymble Kitchen Robot (an “Appliance”), and that You are at least 18 years of age and are competent and able to enter into this Agreement under applicable laws.
2.1 The reservation of the Appliance is subject to payment and receipt of a refundable advance amount of $100 (USD One Hundred) to Us (“Reservation Payment”).
2.2 In consideration of Your intention to reserve an Appliance, and upon receipt of the Reservation Payment (payable by credit card in accordance with the payment instructions provided during the registration process), We will, subject to paragraph 4 below, assign toYou a position in the reservation sequence for an Appliance.
2.3 This Agreement does not constitute an agreement for the sale and supply of an Appliance. You are under no obligation to purchase an Appliance from Us, and We are under no obligation to supply You with an Appliance. Your reservation and the delivery of the Appliance will be subject to various factors, including but not limited to the number of reservations We receive, unexpected delays resulting from then current market conditions, and the availability of the Appliance in Your jurisdiction.
2.4 If and when We notify You of the availability of an Appliance and You wish to proceed with the purchase of the Appliance, such purchase will be governed by a separate and legally binding agreement (“Purchase Agreement”). In the event that (a) We do not receive a response from You within 10 (Ten) business days from notifying You of the availability of an Appliance, or (b) where You notify Us that You wish to defer the reservation (which deferral will be permitted not more than one time), We will offer the Appliance to the next reservation in sequence and Your reservation will be deferred later in the reservation sequence at Our discretion.
2.5 If You wish to proceed with the purchase of the Appliance and the Purchase Agreement, You will have to subscribe to / purchase the [subscription and] software required to operate the Appliance separately, and such purchase may be governed by such terms as may be provided to You at such time.
2.6 The Reservation Payment is fully refundable, should You choose to cancel Your reservation prior to entering into a Purchase Agreement. In case of cancellation of the reservation, we will endeavor to refund the Reservation Payment within 30 (thirty) days from receipt of Your cancellation request.
This Agreement and Your reservation will be effective from the date on which
(a) You click the “I Accept” checkbox during the registration process; and
(b) We receive the Reservation Payment.
4.1 We will determine the reservation sequence at Our sole discretion. We may be required to decline reservations or defer Your position in the reservation sequence to avoid oversubscription or otherwise as We deem appropriate. If Your reservation is declined, You will be notified and Your Reservation Payment will be refunded in the manner set out in Clause 2.6.
5.1 Once We notify You of the availability of the Appliance, We will require delivery details and details of the purchaser of the Appliance along with the signed Purchase Agreement which We will share with You.
5.2 We will create an order for Your Appliance detailing the information provided by You(“Order”), and a Purchase Agreement indicating the price of Your Appliance, plus any applicable taxes, transport and delivery charges, and other applicable fees (“Purchase Price”).
5.3 We will then provide to You a copy of the Order and Purchase Agreement. If You wish to proceed and purchase an Appliance, You will be requested to acknowledge, sign and return a copy of the signed Purchase Agreement. We will then prepare Your Appliance for delivery and Your Reservation Payment will be held as a non-refundable deposit and applied to the Purchase Price of Your Appliance, pursuant to the Purchase Agreement.
5.4 Before Your Appliance is delivered, You will be required to make the full payment of the Purchase Price. Once the Purchase Price is received and cleared, We will initiate delivery of the Appliance to the address provided by You.
6.2 By reserving an Appliance, You provide Your consent to use Your personal information and the other information which You provide to Us to process Your reservation, administration, and prepare the Order and Purchase Agreement.
6.3 From time to time, We may contact You by mail, telephone, email and text in relation to Your reservation of an Appliance, and You waive all rights to contest or make claims in this regard. You can opt-out of receiving marketing information at any time by contacting Us. However, We will still use Your information in order to process and notify You of Your reservation.
We make no warranty of any kind in connection with Your reservation or this Agreement. Under no circumstances will We be held liable for incidental, special, punitive, or consequential damages of any kind (including lost profits) arising out of Your reservation or this Agreement, even if We have been advised of the possibility of occurrences which would lead to such damages. In the event We are held liable for any damages related to Your reservation or this Agreement, Your sole and exclusive remedy will be limited to the extent of the Reservation Payment. You must bring any claim or action related to Your reservation or this Agreement within two (2) years of the act, event, condition or omission upon which your claim or action is based.
This Contract shall be governed following the laws of India and any dispute that arises from this Agreement shall be submitted to the jurisdiction of the appropriate Court of Law in Bengaluru, Karnataka. You consent to the jurisdiction of such courts and agree to accept service of process by mail and hereby waive any jurisdictional or venue defenses otherwise available to You.
We sell Appliances directly to end-consumers, and We may unilaterally cancel any order, without any notice, which We believe has been made with a view toward resale of Appliances or has been made in bad faith. We may also cancel Your reservation and refund Your Reservation Payment if production of Appliances is discontinued after You place Your reservation.