These Pre-Order Terms and Conditions (these “Terms”) govern the placing of a pre-order (“Pre-Order”) with Unplugged Systems Ltd (“we” or “us”) for an UP Phone (the “Device”).
Please read all of these Terms carefully before submitting your Pre-Order. By submitting your Pre-Order, you agree to be legally bound by these Terms.
When placing a Pre-Order for a Device through our website, www.unplugged.com (the “Website”), 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. We shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information in the case we have received from you inaccurate or outdated information. You can update your information at any time prior to your Device being shipped by sending an e-mail to [email protected].
You acknowledge that you are at least 18 years old, are a resident of the Unites States, and will take delivery of your Device in the United States. In addition, if you are pre-ordering a Device on behalf of a company, organization or entity (an “Entity”), you represent and warrant that you have the authority to bind that Entity to these Terms and such Entity agrees to be bound by these Terms.
Unplugged is offering two Pre-Order payment options:
When you place your Pre-Order with us you will be charged the applicable fee (i.e. $874.99 or $149.99) for each Device you purchase, excluding any GST, VAT and sales tax (which shall be added to the total at the time of completion of your order) (the “Fee”). The Fee shall be paid in US dollars using a supported credit or debit card.
You are pre-ordering a limited-edition Device that will be produced for you in the future and your priority will be set by the date of our acceptance of your Pre-Order. The actual date for shipping for any accepted Pre-Order will depend on a variety of factors. We estimate your Device to be shipped within six (6) months from the date of our acceptance of your Pre-Order, however, there is no guarantee that we will be able to ship your Device within such period. You will receive an email update when your Device is about to be shipped (“Pre-Delivery Notice”).
Once an order is placed it is non-cancellable. However, if within nine (9) months from the date of our acceptance of your Pre-Order you have not received the Pre-Delivery Notice or, if you have not received your Device within 30 days after the Pre-Delivery Notice, you may cancel your Pre-Order and receive a full refund of your Fee by sending an email to [email protected] from the email address you used to make the Pre-Order or through our Website. Your repayment will be made in US Dollars even if you initially paid using another currency.
Pre-Orders of “Reserve Now” purchases require you to complete the remainder of payment for your Pre-Order at least 60 days prior to the expected shipping date of your Device (the “Payment Deadline”). Once the shipping date approaches, you will receive an email notification requiring you to complete the payment. You will be provided with a timeframe of at least 21 days and will receive a reminder at least 7 days before the Payment Deadline. If you haven’t made the full payment until the Payment Deadline, your order will be considered as cancelled and you shall not be entitled to a refund of your Fee, however, you will be able to continue using the Premium UP App Suite Subscription for free for one (1) year from the date of your “Reserve Now” Order.
We reserve the right to: (i) decline any Pre-Order (or part of any order) if the Devices are unavailable for any reason; (ii) decline any Pre-Order (or part of any order) if there has been an error or inaccuracy in the description of the Device or the pricing of the Device on our website; (iii) place restrictions on the volumes of any Device ordered if the availability of a Device is limited; and (iv) place restrictions on the volumes of any Device ordered in accordance with our standard procedures relating to compliance with the laws and regulations in your territory.
The specifications of the Devices shall be, at a minimum, the ones presented in Annex A (the “Device Specs”). The Device shipped to you may be slightly different from the Device Specs. In case of a material adverse change to the Device Specs, you will be notified and may elect to cancel your Pre-Order and receive a full refund of the Fee.
You may return your Device up to 14-days from the day of delivery of the Device to you in its original unopened and sealed packaging and receive a refund of the Fee (minus a restocking fee and UP App Suite Premium usage fee of US$200). Return shipping shall be arranged and paid at your expense. We shall not be responsible for damages or lost shipments, and we suggest using a tracked and insured shipping method. To coordinate your return, please contact our support through our website or via [email protected]. Your UP App Suite Premium subscription will be cancelled once you request to return your Device.
Each Device comes with 1-year limited warranty subject to the terms and conditions set forth in Annex B.
We reserve the right, at our discretion, to change these Terms at any time. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms shall continue in full force and effect and the unenforceable provision shall be deemed to be modified solely to the extent necessary to make it enforceable. This Agreement represents the entire agreement governing your Pre-Order.
UNDER NO CIRCUMSTANCES WHATSOEVER, SUBJECT ONLY TO THE LIMITS OF APPLICABLE LAW, SHALL WE OR OUR AFFILIATES, DISTRIBUTORS, MARKETERS OR AGENTS (“UP AFFILIATES”) BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST PROFITS, LOSS OF BUSINESS OR LOSS OF OPPORTUNITY, REGARDLESS OF THE BASIS OR CIRCUMSTANCES OF ANY CLAIM, DAMAGE, LOSS OR EXPENSE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF WHETHER WE OR UP AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY CLAIMS, DAMAGES, LOSSES OR EXPENSES.
IN THE EVENT THAT WE OR UP AFFILIATES ARE HELD LIABLE FOR ANY CLAIMS, DAMAGES, COSTS OR EXPENSES UNDER, ARISING OUT OF, OR WITH RESPECT TO THESE TERMS OR YOUR PRE-ORDER, OUR AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT OF YOUR FEE.
Title will pass to you upon delivery of the Device to the delivery address you provided. We will be responsible and bear the risk of loss or damage for the Device until the Device is delivered to your address, regardless of the transfer of title. Notwithstanding the foregoing, you do not acquire any property or proprietary rights, including, without limitation, in any software, technical data, know-how, processes, algorithms, code, users manuals, documentation, or applications incorporated, embedded, included or otherwise provided in or with the Device (referred to herein as "Device Technology"), other than the right to use the Device Technology for its intended use with the Device, as shall be detailed under the applicable terms and conditions of such Device Technology, and you hereby agree to be bound by such applicable terms and conditions and/or license terms. We remain the exclusive owner of any intellectual or industrial property rights relating to the Device Technology and any and all trademarks represented by our company name, logos, and product names. You understand that the Device Technology may be protected by patent, copyright and trade secret laws. You shall not copy or duplicate, remanufacture, translate, reverse engineer, decompile, or disassemble all or any part of the Device or the Device Technology, nor shall you permit any other person whosoever to copy or duplicate, remanufacture, translate, reverse engineer, decompile, or disassemble, all or any part of the Device or the Device Technology, in any manner.
We shall not be liable for any damage and/or loss of any kind due to default or delay in the performance of any obligations to you caused by or related to any circumstances of force majeure, including, but not limited to, pandemic, epidemic, disease, act of God, fire, war, terrorism, hostilities, accident, scarcity of supplies, government action, or any other circumstances beyond our reasonable control.
These Terms and any related non-contractual disputes or claims are solely governed by the laws of Cyprus. The venue for any actions relating to the subject matter or enforcement of these Terms shall be in Cyprus. You may not assign this Agreement or any of the rights granted to you hereunder. The parties agree that the 1980 - United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
By using the Device you are agreeing to be bound by the terms of this limited warranty as set out below.
This Limited Warranty does not apply to any product, other than the Device, manufactured by a third party, even if packaged or sold with the Device. Any software distributed by us (including the Device’s operating systems and any of our applications) is not covered by this Limited Warranty. Please refer to the licensing agreement accompanying the software for details of your rights with respect to its use. We do not warrant that the operation of the Device will be uninterrupted or error-free. We are not responsible for damage arising from failure to follow instructions relating to the Device’s use.
This Limited Warranty does not apply: (a) to consumable parts, such as that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred due to a defect in materials or workmanship; (c) to damage caused by use with a third party component or product that does not meet the Device’s specifications; (d) to damage caused by accident, abuse, misuse, fire, liquid contact, earthquake or other external cause; (e) to damage caused by operating the Device outside our published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of us; (g) to a Device that has been modified to alter functionality or capability without the written permission of us; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the Device; (i) if you cannot prove in any way that you are the authorized owner of the Device (e.g., by presenting proof of purchase); (j) if you make any further use of the Devicealthough we instructed you not to do so after giving notice for the obtainment of the Limited Warranty as described below and (k) any warranty of merchantability, warranty of fitness for a particular purpose, warranty for title, warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise.
You shall inform us in writing, without delay, when you discover a defect by sending an email to [email protected] or using the contact forms available on our website.
Notwithstanding the aforementioned, we shall not be liable for a breach of the Limited Warranty unless: (i) you gave us a written notice of the defect within the Warranty Period which shall be given after no more than 14 days from the time when you discovered or ought to have discovered the defect; (ii) such notice shall reasonably describe the defect and/or failure (iii) We were given a reasonable opportunity after receiving the notice to examine such Device and you shall (if requested to do so by us) return such Device to our place of business at our cost for the examination; and (iv) We reasonably verified your claim that the Device is defective.
Subject to all other terms of this Limited Warranty, we will provide you with the Limited Warranty service, during the Warranty Period, through one or more of the following options, as we may decide in our sole discretion: (i) repair or replace such Device (or the defective part) or (ii) credit or refund the price of such Device at the pro rata contract rate provided that, if we so requests, you shall, at our expense, return such Device to us.
THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN THIS LIMITED WARRANTY.
Android 7 and above (Arm 64bit)