Purchase Terms

  1. These Purchase Terms and Conditions (“Purchase Terms”), together with the Terms and Conditions and any Terms and Conditions of Pre-Production Purchase Orders (the “Pre-Order Terms”)  govern your order and purchase of the Product. Capitalized terms that are used in these Purchase Terms and not otherwise defined herein shall have the meaning ascribed to such terms in the Terms and Conditions. In the event of any actual conflict between these Purchase Terms and the Pre-Order Terms applicable to your purchase, if any, the Pre-Order Terms shall govern.
  2. THESE PURCHASE TERMS INCLUDE: (1) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (2) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE PRODUCTS OR THE WEBSITE.
  3. THESE PURCHASE TERMS WAIVE SUBSTANTIAL RIGHTS AND INCLUDE A RELEASE OF LIABILITY AND A LIMITATION OF DAMAGES. YOU ACKNOWLEDGE THAT YOU HAVE THE RIGHT TO REVIEW THIS AGREEMENT WITH AN ATTORNEY. YOU ALSO ACKNOWLEDGE THAT YOU HAVE READ THIS ENTIRE DOCUMENT, AND YOU ARE AWARE THAT YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THE AGREEMENT. YOU HAVE NO OBLIGATION TO ORDER THE PRODUCT OR USE THE WEBSITE OR SIGN THESE PURCHASE TERMS, BUT YOU ARE DOING SO VOLUNTARILY. YOUR ORDER OF THE PRODUCT OR USE OF THE WEBSITE IS EXPRESSLY SUBJECT TO YOUR ACCEPTANCE OF THESE PURCHAES TERMS, AND YOU WILL NOT ORDER THE PRODUCT OR USE THE WEBSITE UNLESS AND UNTIL YOU HAVE ACCEPTED THE TERMS AND CONDITIONS.
  4. YOUR ORDER.
    Ordering the Product. Before requesting to order the Product, you agree to provide us with certain information, including, but not limited to, your name, date of birth, shipping address, residence (if different from shipping address), billing address (if different from shipping address), your email address, phone number and any other information we may reasonably require before placing a request to order the Product. You represent that you are over twenty-one (21) years of age when requesting to order the Product and that you will only use the Product in accordance with these Terms and Conditions.
    Confirmation or Rejection of Order Request. We will use our best efforts to fulfill all orders for the Product. However, we do not guarantee the availability of the Product at the time of your requested order. By clicking “confirm” on the order confirmation page of the Website, you agree that you are requesting an order, which we will then confirm or reject. By placing a request for an order, you authorize us to charge the purchase price (including applicable taxes, fees, customs duties and shipping costs) of your order against your selected method of payment. If we confirm your order, your Product will ship when it is ready according to the shipping option you select. If we reject your order, we will notify you via email, and we may either: (1) refund any amounts we have charged against your selected method of payment; (2) or offer you a position on our wait-list for later shipment of your Product, which you may accept or reject. If you accept the wait-list position, we will retain any amounts charged to your selected method of payment unless we later determine, in our sole discretion, that we are rejecting your order. We reserve the right to reject an order or cancel a wait-list position at any time and for any reason.
    Acceptance of Shipped Order. You may return the Product for any reason within five (5) days of receiving shipment. You agree to inspect the Product for defects within five (5) days of receiving shipment and notify us of any defects. Your failure to inspect and notify us of defects within five (5) days of receiving shipment shall result in the Product being deemed irrevocably accepted by you. Should you discover any defect which renders your Product inoperable and you notify us within five (5) days of receiving shipment, you may return your Product to us at the address provided in the materials shipped with your Product. Upon receiving your defective Product, we will inspect it and determine if it is capable of repair. If it is capable of repair within thirty (30) days, we may elect to: (1) repair the defective Product and send it to you upon completion of repair; or (2) send you a new Product. If the defective Product is incapable of repair within thirty (30) days, we will ship a new Product to you. You agree that under no circumstances will you send to us a Product in which any controlled substance has ever been present. If you send us a Product in which any controlled substance has ever been present, we will destroy the Product and you shall not receive a new Product or any refund of any amounts paid to us, including, but not limited to the purchase price you paid for Product.Potential Delays.  Although we will make efforts to begin delivering Products as soon as reasonably practicable, you understand and agree that there may be delays. An estimated time of delivery (ETD) is only an estimate, is subject to change, and Seedo 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, Seedo is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Purchase Terms, to provide any discounts, refunds or credits due to any such delays. We will provide you periodic updates with respect to such delivery schedule.Fee and Refund Policy.  Any fees that we may charge you for the Products or Services are due immediately and are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Products or Services either planned, accidental or intentional, or any reason whatsoever. We reserve the right to determine final prevailing pricing. Please note the pricing information published on the Website may not reflect the prevailing pricing.  We, at our sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. We may change the fees for our Products, Services or Website, as we deem necessary for our business. We encourage you to check back at our Website periodically if you wish to learn more regarding how we charge for these items.
  5. WARRANTY DISCLAIMER; LIMITATION OF LIABILITY.
    Warranty Disclaimer. EXCEPT AS PROVIDED FOR IN THESE PURCHASE TERMS, THE PRODUCT IS SOLD TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SEEDO HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. SEEDO DOES NOT WARRANT THAT: (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR VIRUS-FREE OR ERROR-FREE; (3) THE WEBSITE WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE; OR (4) DEFECTS IN THE WEBSITE CAN OR WILL BE CORRECTED. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PRODUCT, THE WEBSITE, AND ANY THIRD PARTY PRODUCTS, GOODS OR SERVICES REMAINS SOLELY WITH YOU.Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SEEDO BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF PROFITS, REVENUE OR INCOME, OR FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING FROM OR RELATED TO THESE PURCHASE TERMS OR THE USE OR INABILITY TO USE THE PRODUCT OR THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SEEDO’S TOTAL AGGREGATE LIABILITY UNDER THESE PURCHASE TERMS REGARDING USE OR INABILITY TO USE SEEDO OR THE WEBSITE, WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE PURCHASE PRICE YOU PAY FOR THE PRODUCT, IF ANY, UNDER THESE PURCHASE TERMS. BY ORDERING THE PRODUCT, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.Indemnity. By agreeing to these Purchase Terms and using the Product or the Website, you agree that you shall defend, release, indemnify and hold harmless Seedo, its licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (1) your violation or breach of any term of these Purchase Terms or any applicable law or regulation; (2) your violation of any rights of any third party; (3) any unauthorized use of the Product or the Website; (4) your negligence or willful misconduct; or (4) your use of the Product or the Website.
  6.  Injunctive Relief. You agree that a breach of these Purchase Terms will cause irreparable injury to Seedo for which monetary damages would not be an adequate remedy and Seedo shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.Notices. We may give notice to you by means of a general notice on the Website, electronic mail or by written communication sent by first class mail or pre-paid post. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by sending an email [email protected] Please specify the reason for the email in the subject line so it can be forwarded to the proper department.Miscellaneous. These Purchase Terms may not be modified except by a writing executed by the duly-authorized representatives of Seedo or pursuant to these Purchase Terms. No other act, document, usage or custom will be deemed to modify or amend these Purchase Terms. These Purchase Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These Purchase Terms and may not be assigned by you without the prior express written consent of Seedo. Any attempt by you to assign these Purchase Terms without the written consent of Seedo shall be null and void. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these Purchase Terms will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Purchase Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein will not be considered to be part of the Purchase Terms but are for convenience only. You and Seedo agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Purchase Terms. The laws of Israel, excluding any conflicts or choice of law rules, exclusively govern these Purchase Terms. Your use of the Product or the Website may also be subject to other local, state, national, or international laws.Modifications. These Purchase Terms may be modified by us.
  7. CONTACT US. If you have any questions regarding these Purchase Terms, the Product or the Website please contact us [email protected]
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