Last updated: 02/08/2018
The following terms and conditions (“Terms”) apply for all pre-orders, orders and sales of Finch products (“Product”, “FinchDash”, “FinchShift”) pre-ordered, ordered or sold through the Finch website (“Service” or “Website”) operated by Finch Technologies Ltd. (“we”, “us”, “Finch” or “our”). We reserve the right to amend or update these Terms at any time by posting such amended or updated Terms on the Service. Your continued use of the Service, pre-order, order or purchase of Products after the posted changes will constitute your acceptance of and agreement to such changes.
You may not pre-order, order or obtain products from this Service if you do not comply with these terms;
- You are not the older than 18 years or the legal age to form a binding contract with Finch; or
- You are prohibited from accessing or using this Service or any of this Service’s contents or goods by applicable law.
Pre-orders and orders
All pre-orders and orders shall be placed exclusively on the Service.
Any prices, quotations and descriptions made or referred to on the Service with respect to the Product are subject to availability, may be withdrawn or revised at any time at Finch’s sole discretion prior to our expressed acceptance of your pre-order or order and therefore do not constitute a loyal offer of sale.
While we make every effort to ensure that items appearing on the Service are available, we cannot guarantee that all items are in stock, immediately available or available for distribution or delivery in all parts of the country when you submit your pre-order or order. We may reject your pre-order or order without liability if we are unable to process or fulfill it for any reason. In this case, we will refund any prior payment that you have made for that item if any such payment has been made.
Pre-orders and Orders of DK Versions
Some offered Products on the Service are development (test) kits and not finished products, and as such may have defects that were not apparent to Finch. Finch will notify you about known issues that may impact the proper functioning of the product before shipment. The product is in no circumstance intended for personal use.
Acceptance of Pre-orders and Orders
A pre-order or order submitted by you constitutes an offer by you to Finch to purchase the Product on these Terms and is subject to our subsequent acceptance. Our acceptance of your pre-order or order takes effect and a contract of sale is concluded at the point where such offer is expressly accepted by us, evidenced by Finch, dispatched your order and accepting your credit card or other payment method available in the Service (“Acceptance”).
Prior to Acceptance the Service may generate an automatic email acknowledgement of your order. Please note that any automatic acknowledgement does not constitute a formal acceptance of your pre-order or order.
Your placement of a pre-order does not create a contract for sale for a Product not offered by Finch. By placing a pre-order for a Product that is not yet available for sale, you make an offer to Finch to purchase the Product subject to these Terms. Upon the placement of a pre-order, Finch will send you an email acknowledgement of your pre-order. Finch will notify you via email and the Service once the Product will be available for sale.
After Acceptance you may not modify or cancel your pre-order or order without our prior written consent; provided, however:
- we may cancel your order at any time after Acceptance and prior to shipment for any reason in our sole discretion, including, but not limited to:
- our inability to process of fulfill the order;
- you are in a country where the Product cannot be purchased or shipped; and
- your order does not comply with applicable Terms, and in such event, we will issue you a credit or refund for any amounts already paid.
You may cancel the pre-order or order until you receive notification of shipment from Finch via email. Finch will notify you at least 14 days prior to the shipment date. Finch will strive to reimburse your payment for pre-order or order within six weeks after your cancellation. From the reimbursement Finch will deduct any transaction and processing fees applicable depending on the payment method used.
Price and Payment Terms
Payable prices for the Product may be indicated on the Service or, an acknowledgement, but the authoritative price – in the event of any discrepancy – is the price that is notified to you on our Acceptance. We are not responsible for pricing, typographical or other errors in any offer by us, and we reserve the right to cancel any orders arising from such errors.
We have the right at any time prior to our Acceptance to withdraw any discount and/or to revise prices to take into account increases in costs, including without limitation; costs of any materials, carriage, labor or the increase of imposition of any tax, duty or other levy and any variation in exchange rates. We also reserve the right to notify you of any mistake in the Product descriptions or errors in pricing prior to Product dispatch. In such event, if you choose to continue with fulfillment of the order, you acknowledge that the Product will be provided in accordance with such revised description or corrected price.
Unless otherwise specified, prices quoted are exclusive of:
- the costs of shipping or carriage to the agreed place of delivery; and
- VAT and any other tax or duty which (where applicable) must be added to the payable price.
You agree to pay for taxes, shipping or carriage of the Product as such costs are specified by us in the Service when you submit your order.
By placing an order through the Service, you agree that:
- Any payment information supplied by you is true and complete;
- You are duly authorized to use such payment method for purchase;
- Charges incurred by you will be honored by your payment method provider;
- You will pay the charges incurred by you at the posted prices, including all applicable taxes and shipping costs;
- If any details related to your payment method change while you are waiting for our acknowledgment, you will inform the Finch through email at email@example.com with the updated payment information.
- Additional terms and conditions of your payment method may apply to your purchase, we will charge the payment method you provided upon Acceptance and prior to shipment of the Product. We reserve the right to verify credit or debit card payments prior to Acceptance. Finch may cancel or suspend your order if the payment method cannot be verified, is invalid, or is otherwise not acceptable. You are responsible for resolving any payment problems.
Delivery dates calculated on the Service in any pre-order or order acknowledgement, Acceptance or elsewhere are only estimates. Finch do not undertake, promise or warrant to dispatch the Product by a particular date and will not be liable to you in respect of delays or failure to do so.
Delivery will be carried out to a valid address, within the address submitted by you and subject to Acceptance. You must check the delivery address on any acknowledgement or Acceptance we provide and notify us without delay of errors or omissions. We reserve the right to charge you for any extra costs arising from changes you make to the delivery address after you submit an order.
Except to the extent required as a result of any mandatory rights you have as a consumer under applicable law, you will not be entitled to reject the Product in whole or in part by reason of short delivery and will pay in full, notwithstanding short delivery or non-delivery unless you notify us in written form, of any claim within 5 days of the latest date of the receipt, of the relevant invoice or delivery whereupon you will pay for the quantity actually delivered. Such notifications can be sent to firstname.lastname@example.org.
Except as otherwise provided in these Terms, risk of loss of or damage to the Product passes to you upon delivery, or when the Product is placed in your possession or that of any carrier or transport provided by you, whichever occurs first.
If any license or consent of any government or other authority is required for the acquisition, carriage or use of the Product by you in any part of the addressed country, you will obtain such license or consent at your own expense and if necessary provide evidence to us on demand. Any additional expenses or charges incurred by us resulting from such failure will be met by you.
Except as set out as part of the “Exchange Policy” set forth below, and subject to any rights you have under applicable law that cannot be excluded or limited by these Terms:
We will not be liable and you will not be entitled to reject the Product, except for damage to or loss of Product or any part thereof in transit (where the Products are carried by our own transport or by a carrier on our behalf) and if we were notified within 5 business days of receiving the Product (the foregoing constitutes our “Exchange Policy“) in accordance with the Exchange Policy procedures.
We will not be liable for any damage or losses arising from:
- defective installation or use of the Product;
- the use of the Product in connection with other defective, unsuitable or defectively installed equipment; or
- your negligence, improper use or use in any manner inconsistent with our or any other manufacturer’s specifications or instructions.
- Where there is a shortage or failure to deliver, or any damage to the Product, we may, in our sole discretion, and at our option:
in the case of Product shortage or non-delivery, make up for any such shortage or non-delivery; and/or
in the case of damage to the Product and in accordance with the Exchange Policy, replace, exchange or repair the Product upon you returning the Product, in accordance with the Exchange Policy procedures set forth below.
In the event of damage to the Product, in order to meet the terms and conditions of the Exchange Policy, you must email email@example.com within 15 business days of receiving the Product, and you will arrange for delivery and return of the damaged Product (which must include all original packaging, hardware, accessories materials, and documentation) at your sole expense. You bear the risk of loss during shipment. Upon our receiving of the returned Product (including all original packaging, hardware, accessories materials, and documentation), and verification of the damage, we will ship out to you a replacement Product, or repaired Product, in Finch’s sole discretion, as soon as reasonably possible.
Your rights of repair or replacement of the Product or any part or parts thereof as part of the Exchange Policy will in all cases be negated or rendered void where:
- the Product has been modified or altered by persons other than us or any authorized dealer;
- the Product has not been returned together with full details in writing of the alleged damage in accordance with the Exchange Policy; and/or
- the damage to the Product is due (wholly or partially) to mistreatment, improper use or storage or maintenance or installation, or failure to follow any instructions or other directions issued or made available by us in connection with the delivered Product.
Purchase of the Product does not entitle you to ownership or a license to any software generated by Finch for use with the Product (the "Software"). To the extent that Finch, in its sole discretion, grants you access to any such Software, the Software is licensed by us or by the relevant licensor/owner, subject to the relevant end-user license agreement or other license terms included with the Product and/or on the Service (the “License Terms“).
Specifically, Finch shall have sole discretion to determine and change the availability, nature, features, content, versioning of any Software that it makes available to you, for download through the Developer Center or other means (including the Finch software developer kit ("SDK")). Purchase of a Product does not entitle you to access to any specific features, content or version of the SDK, including and especially versions of the SDK that have not yet been made available to the public. Finch will have no obligation to provide any updates or upgrades to any Software it makes available to you.
Except to the extent expressly provided by us in writing or under the License Terms, the Software is provided “AS IS” without any warranties, terms or conditions as to quality, suitability for purpose, non-infringement, performance or correspondence with the description and we do not offer any warranties or guarantees in relation to the Software installation, configuration or error/defect correction.
To the maximum extent legally permitted, whether or not we were aware or advised of the possibility of damages, and whether or not the limited remedies provided herein fail of their essential purpose:
- our aggregate liability (whether for breach of contract, tort or under any other legal theory) will in no circumstances exceed the cost of the product you ordered which is related to or acts as the origin to your claims: and
- in no event will be liable for special, incidental, indirect or consequential damages, lost profits, lost revenue or cost of cover.
Some countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
We will not be liable to you nor held in breach of contract for any loss or damage which may be suffered as a direct or indirect result of us being prevented, hindered or delayed in the performance by reason of any circumstances beyond our reasonable control including (but not limited to) any act of war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labor disturbance, breakdown of plants or machinery, interruption in the supply of power or materials and in such event we may elect to cancel your order and refund any payments made.
You acknowledge that these Terms supersede and cancel all previous contracts, agreements and working arrangements whether oral or written, explicit or implied, between us with respect to the purchase of Products. These Terms prevail over any other terms or conditions contained in or referred to elsewhere or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted.
To the fullest extent permitted under applicable law, we reserve the right to modify these Terms upon prior written notice to you with effect for the future – subject to your right to reject, by way of written notice, our modifications to these Terms with respect to any orders for which Acceptance, but not yet fulfillment, has occurred.
No waiver of any term or condition of these Terms will be effective unless made in writing and signed by us. The waiver of any breach of any Term will not be considered as a waiver stemming from any subsequent breach or condition.
1. BVI office
Finch Technologies Ltd.
Vistra Corporate Services Centre, Wickhams Cay II
Road Town, Tortola VG1110
British Virgin Islands
2. Russia branch
39 Kirova str.