Terms And Conditions
These Pre-Order Terms and Conditions (“Terms”) govern the placing of pre-orders (“Pre-Order”) with LYKE (“we”, “us”, or “LYKE”) for our storage and other accessories (“Products”). Please read these Terms carefully before submitting your Pre-Order of any LYKE Products. By submitting your Pre-Order, you agree to be legally bound by these terms.
When placing a Pre-Order for LYKE Products, 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, and you shall ensure that such information is kept current. LYKE shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information.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 firstname.lastname@example.org
You acknowledge and agree that LYKE may decline or delay reservations to avoid oversubscriptions or as it deems appropriate, provided that we will make efforts to inform you within two (2) weeks of our receipt of your Pre-Order, and that you will be entitled to a full refund of the purchase Price.
Pricing and Payment.
You agree to pay the price for the particular Product you are purchasing listed on the website by credit/debit card in accordance with the payment procedures described on the Website. Your placing of a pre-order constitutes your express agreement to LYKE of charging the full Price of the Products at such time.
Transfer of Risk and Title; Refunds.
Risk in the Product passes to you on LYKE delivery of the Product to the carrier, and you are responsible for any loss or damage to Products from that point. Title to the Product passes to you upon LYKE receipt of payment for the Product.
LYKE 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. Notwithstanding the foregoing, you acknowledge and agree that we may need to build and use Products for a variety of purposes, such as in-house and third-party testing, evaluation, and display prior to fulfilling Product reservations, Furthermore, we may in our discretion prior to fulfilling Product reservations offer for sale to the public (for instance, by auctioning off) a limited number of Products. Please consult our website or our newsletter for more information about such events.
Personal Use Only; Restrictions.
You shall use the Product only for personal purposes and are not purchasing the Product with the intention to resell the Product in manner whatsoever. You shall not reverse engineer any Product or use the Product to create a competitive product.
Although we will make efforts to being 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, ad LYKE 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 the delay arises and the estimated shipment and/or release of the product is not met, LYKE is not responsible for any damages that may occur due to any such delays. We will provide you periodically updates with respect to such delivery schedule. 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 Section 7 below.
The purchase price (“Price”) does not include taxes and other government charges, which are your responsibility. If the Price drops after you have pre-ordered, we will refund you the difference. If the Price goes up, your order is secure at the low Price. The Pre-Order Price is valid from the moment you place the Pre-Order right up to ten (10) days after you receive the item. To claim a refund for the difference, email us at email@example.com
You or LYKE 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 LYKE cancels your reservation you will receive a full refund of the purchase Price without interest (and you will not pay any processing fee)
Replacement of Faulty Product.
If you believe any Product shipped to you is faulty, contact LYKE at firstname.lastname@example.org to trouble shoot the Product and if necessary request a return. LYKE may, in its discretion, accept returns for goods that are defective or damaged provided that notice of such damage is given to LYKE within 15 days of your receipt of such goods. No returns will be accepted by LYKE thereafter. You will comply with LYKE’s returns procedures when returning products. LYKE is under no obligation to accept any returns of Products where the defect or fault was caused by you or the defect or fault occurred after shipment by LYKE. LYKE will ship a replacement Product to you only after receipt of the allegedly faulty Product by LYKE.
LYKE and its licensors own all intellectual property rights in the Products. You shall acquire no interest or rights in LYKE’s intellectual property by virtue of this Agreement.
Terms and Conditions of Sale
The purchase of the Products is subject to additional terms and conditions provided by LIKE, 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 in the footer of the checkout page and are subject to change without notice. Your purchase of the Product will be subject to these terms and conditions and the refund policy.
Age and Residency
You acknowledge that you are at least 18 years old, are a resident of the United States of America, and will take delivery of your Product in the United States of America. You acknowledge and agree that LIKE will initially focus its service efforts on certain geographical areas, and may expand to other areas as the company grows.
“LYKE” DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROTOTYPE PRODUCT DISPLAYED BY LIKE WHETHER BEFORE OR AFTER YOU HAVE PLACED THE PRE-ORDER. YOU UNDERSTAND AND AGREE THAT THE PRODUCT, ITS DESIGN AND TECHNICAL FEATURES ARE CURRENTLY UNDER DEVELOPMENT AND THAT THE PRODUCT THAT MAY BE AVAILABLE FOR PURCHASE BY YOU MAY BE MATERIALLY DIFFERENTLY FROM THE PROTOTYPE PRODUCT. IF FOR ANY REASON YOU ARE UNHAPPY WITH THE FINAL VERSION OF THE PRODUCT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO CANCEL YOUR PRE-ORDER AS DESCRIBED IN SECTION 7 ABOVE.
EXCEPT TO THE EXTENT THAT WARRANTIES ARE REQUIRED BY LAW, THE PRODUCTS ARE PROVIDED “AS IS”, WITH ALL FAULTS. PRYNT EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY PATENTS, OR FITNESS FOR A PARTICULAR PURPOSE. For more details on LYKE’s warranty policy, click here www.lyke.la/warranty
Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL “LYKE” BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT. IN THE EVENT AKITIO 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.
. Any legal proceedings against LYKE relating to this Agreement shall be filed within one (1) year after shipment of the applicable Product to you. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states, liability is limited to the fullest extent permitted by law.
You alone are responsible for the manner in which you use the Product. You shall defend, indemnify and hold harmless LYKE and its officers, directors, employees and agents (“Indemnitees”) from any liabilities, damages, losses, expenses, costs and attorneys’ fees arising from your use of the Products not expressly in accordance with this Agreement or from any claim or suit made against the Indemnitees as a result of such conflicting use.
LYKE shall not be liable for any breach of this Agreement to the extent arising from any factor outside LYKE’s reasonable control.
Applicable Law and Jurisdiction; Compliance.
All disputes arising out of or relating to these Terms and Conditions of Pre-Order and Sale or the Product, shall be resolved exclusively by binding arbitration before a single arbitrator (the “Arbitrator”) in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) then in effect and the further procedures set forth herein. (For information on the AAA and its rules, see www.adr.org.) The arbitration shall be conducted in San Francisco, California, unless the Arbitrator shall determine that that venue is not reasonably convenient to all parties, in which case the Arbitrator shall determine another venue that is. In the event that the AAA is unavailable or unwilling to administer the arbitration, and the parties are unable to agree to a substitute, a substitute shall be appointed by the court. The Arbitrator shall have authority to issue any and all remedies authorized by law. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 2 et seq., and the laws of the Commonwealth of Massachusetts without reference to principles of conflicts of laws. Notwithstanding any rules of the AAA to the contrary, any claims shall be adjudicated on an individual basis only, and YOU HEREBY WAIVE ANY RIGHT TO BRING ANY CLAIM AS A REPRESENTATIVE OF A PROPOSED CLASS, ON AN AGGREGATED OR MASS BASIS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO CONSOLIDATE ARBITRATION PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES THERETO. Any award rendered by the Arbitrator shall be final, conclusive and binding upon the parties hereto. In connection with any arbitration proceeding pursuant to these terms and conditions, unless the Arbitrator shall determine otherwise, each party shall bear its own costs and expenses. Notwithstanding the foregoing, you may at your option file an individual claim in any small claims court for disputes or claims within the scope of its subject matter jurisdiction if such court has personal jurisdiction. The Company does not hereby waive any defence that such jurisdiction may be lacking in your jurisdiction. Without derogation of the parties’ obligation to arbitrate as set forth herein, for any claims other than those in small claims court, jurisdiction for any court proceedings arising out of or relating to these terms and conditions, the Website or the Product shall be vested exclusively in, and venue shall be laid in, the state or federal courts sitting in Boston, Massachusetts, except that, following confirmation of an arbitration award in a state or federal court in Boston, Massachusetts, a judgment arising therefrom may be executed in any court of competent jurisdiction.
These Terms constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior agreements, representations and understandings of the parties. This Agreement shall be governed by and shall be construed in accordance with the laws of the State of California. The venue for any actions relating to the subject matter or enforcement of this Agreement shall be in the Orange County, the place where this Agreement was entered and is to be performed. You may not assign this Agreement or any of the rights granted to you hereunder.