These Pre-Order Terms and Conditions (“Terms”) govern the placing of pre-orders/pre-sale ("Pre-Order") with Buderflys Technologies, Inc. (“we”, “ us”, “Buderflys”) for our earbud products and other accessories ("Products"). Please read these Terms carefully before submitting your Pre-Order of any Buderflys Products. By submitting your Pre-Order, you agree to be legally bound by these terms.
1. PRE-ORDER RESERVATION
When placing a Pre-Order for Buderflys Products, you will be required to provide certain information, such as your email, address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Buderflys shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your product being shipped by sending an e-mail to theteam@Buderflys.com
You hereby acknowledge and agree that Buderflys may decline or delay reservations to avoid oversubscription as it deems appropriate in its sole discretion. Buderflys makes no guarantees or warranties regarding the availability of Products and may refund your money for any reason whatsoever, at any time, in its sole discretion.
2. PAYMENTYou will be charged the full price of the products & shipping fee at the time of placing the Pre-Order, subject to any applicable discounts.
3. PRIORITYBuderflys will build Products according to the order in which the Pre-Order is received. This position does not imply receiving a particular number associated with your Products. If you cancel or forfeit your reservation in accordance with the terms of this Agreement, your position will be taken by the next person on the Product reservation list.
4. DELIVERY SCHEDULEAlthough we will make efforts to begin delivering Products as soon as reasonably practicable, you understand and agree that there may be delays and Buderflys cannot guarantee delivery at any time. To the extent you receive an estimated time of delivery (ETD) is only an estimate, is subject to change, and Buderflys 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, Buderflys 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 schedules. 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 #6 below.
5. PRICEThe purchase price ("Price") is the price you paid Buderflys for the Product, not including taxes and other government charges. If the Price drops after you have pre-ordered, Buderflys is not liable for the difference. If the Price goes up, your order is secure at the low Price.
6. CANCELLATIONYou or Buderflys may cancel this reservation by terminating the Pre-Order at any time for any or no reason prior to our notice to you that your Product is ready for delivery. If you do so prior to our notice of delivery, you will obtain a refund of the purchase Price without interest. If Buderflys cancels your reservation you will receive a full refund of the purchase Price without interest (and you will not pay any processing fee).
7. LIMITATION OF LIABILITYUNDER NO CIRCUMSTANCES WILL BUDERFLYS BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT. IN THE EVENT BUDERFLYS IS HELD LIABLE FOR ANY DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE THE FULL REFUND OF YOUR PURCHASE PRICE WITHOUT INTEREST.
8. TERMS AND CONDITIONS OF SALE
The purchase of the Products is subject to additional terms and conditions provided by Buderflys, including in respect of any software included in the Products or intellectual property embodied in the Products or data collected by the Products. The current Terms and Conditions of Sale can be found on the website, or accessed at any time upon request to Buderflys in writing, and are subject to change without notice. Your purchase of the Product will be subject to these terms and conditions and Buderflys’ refund policy.