Pre-order Terms and Conditions

Version 5.0 - December 1st 2017 - previous version

FoodMarble (FoodMarble, 26/27 Mount Street Upper, Grand Canal Dock, Dublin 2, Ireland, registed in Ireland with the number 574999) is accepting pre-orders for AIRE (a "Product") from December 8th 08:00:00 UTC 2016 until an undecided future date (“the Pre-order Campaign”). Pre-ordering a product means that you will pay for your AIRE device at the time that you make the pre-order, but that the Product(s) will be delivered at a later date (estimated to be Dec 2017 / Jan 2018). By pre-ordering a Product(s) you represent and warrant that you have read these terms and that you accept that FoodMarble takes the payment for your pre-order when you make the order rather than at delivery of your pre-ordered Product(s).

The Product

Each pre-ordered product consists of:

Placing a pre-order

To place a pre-order, simply press the “Pre-Order AIRE”-button. In order for the pre-order to become complete, you need to supply us with the information we request in the order form. The order is placed once you have received confirmation of your order.

Price and pre-order limits

The price for pre-ordering a Product is USD 135 (incl. USD 10 shipping) for US customers, CAD 192 (incl. GST and CAD 13 shipping) for Canadian customers, £123 (incl. VAT and £8 shipping) for UK customers, AUD 189 (incl. GST and AUD 14 shipping) for Australian customers, NZD 203 (incl. GST and NZD 14 shipping) for New Zealand customers, €138 (incl. VAT and €9 shipping) for European customers (outside of Britain) or USD 140 (incl. USD 15 shipping) for all other countries. You are responsible for any and all additional customs, taxes and/or fees that may arise from our delivery of your order.

Payment

Immediately upon conclusion of a pre-order, the price of the pre-ordered Product(s) will be charged to your payment card by FoodMarble Digestive Health Limited through Stripe. You hereby agree to this charge. For more information on the information we collect when you visit our site or make an order, please read the Privacy Policy.

Shipping

The estimated date for start of shipment of the pre-ordered Product(s) is Dec 2017 / Jan 2018. This date represents FoodMarble's best estimate at the time of writing but it is preliminary and subject to change, depending on availability of Products and the location of the customer. AIRE has, at the point of the Pre-order Campaign, not undergone testing for all necessary certifications. These processes will be performed prior to shipping which may cause adjustments to the shipping date and/or restrictions or limitations with regards to the countries we offer shipping to. Should the outcome of the certification tests negatively affect you, FoodMarble will provide you a full refund. Please contact us with any questions at hello@foodmarble.com.

Warranty policy

Purchases through the pre-order campaign are subject to our general Warranty policy, which can be found here.

Cancelation of pre-orders

FoodMarble reserves the right to refuse an order for any reason. FoodMarble also reserves the right to cancel any pre-order, which we have already accepted. Should an accepted order be cancelled, FoodMarble will refund any payments for such order. However, FoodMarble will not be liable for any other damage or costs. An accepted order may be cancelled and refunded under (including but not limited to) the following circumstances. a. the Product becomes unavailable; b. your billing information is not correct or not verifiable; c. our security systems flag your pre-order as an unusual order or an order susceptible to fraud; d. your payment is not received within 12 calendar days after we have accepted your pre-order; e. there was any error in the price quoted for your order; f. we are or were unable deliver to the address you provided.

Limitation of liability

IN NO EVENT SHALL FOODMARBLE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THESE TERMS OF PURCHASE OR THE USE OF OR INABILITY TO USE OR DELIVER ANY PRODUCT, EVEN IF FOODMARBLE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. FOODMARBLE'S AGGREGATE CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS AND THE USE OF, OR INABILITY TO USE, OR DELIVER, ANY PRODUCT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL IN NO EVENT EXCEED THE PRICE PAID BY CUSTOMER FOR SUCH PRODUCT.

Warranty

FOODMARBLE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SHIPMENT DATE OF THE PRODUCT(S). For further warranty information, please see the Warranty.

Force majeure

Neither party shall be liable, for damages nor any other consequences, if the party’s obligations according to these Terms and Conditions, other than the obligation to pay money, are inhibited or delayed by circumstances that the party cannot reasonably control or foresee, including but not limited to, any conflict in the workforce; natural phenomena such as lightning, earthquakes, floods etc.; fire; war; decisions and decrees made by governments or authorities; accidents; strikes or shortages of transportation facilities, fuel, energy, labor or materials; or similar circumstances.

Entire Agreement

This agreement, together with the herein referenced documents, constitute the entire agreement with regards to the subject matter between you and FoodMarble. It supersedes and merges any prior proposals, understandings and communication. Any modifications to these Terms and Conditions must be made in writing.

Applicable Law and Jurisdiction

Except where otherwise required by the mandatory law of Ireland, or any other member state of the European Union/European Economic Area.

1. these Terms are subject to the laws of Ireland, excluding the law (1987:899) of international purchases (the UN Convention on Contracts for the International Sale of Goods; CISG) and excluding the principles of conflict of laws (international private law), and

2. You hereby agree, and FoodMarble agrees, that disputes arising in connection with this agreement shall be resolved by arbitration, administered by the Chartered Institute of Arbitrators, Ireland. The arbitration shall take place in Dublin. The arbitration shall be held in English.

3. You and FoodMarble waive all right to trial by jury, and the right to participate in a class action or multi-party law-suit. Both You and FoodMarble acknowledge that each can bring claims against the other only in Your or our individual capacity, not as a class member or in any capacity or proceeding of a representative.

The foregoing provisions of this Applicable Law and Jurisdiction section do not apply to any claim in which FoodMarble seeks equitable relief of any kind.

Contracting company

This agreement is entered into between you and FoodMarble (FoodMarble Digestive Health Ltd.). FoodMarble reserves the right to fulfil our obligations according to this agreement through any subsidiary, parent or otherwise affiliated company, without notice to you.

Our Address:

FoodMarble Digestive Health Ltd
11 Glendown Drive
Templeogue
Dublin 6W
Ireland
D6W AT81

If you have any questions regarding these terms or otherwise, please contact Customer Care by e-mail hello@foodmarble.com.