Terms and Conditions
Date last updated: June 1, 2018
THESE TERMS AND CONDITIONS OF PRE-ORDER AND SALE (“AGREEMENT”) SET FORTH THE TERMS UPON WHICH ROBO TECHNOLOGIES GMBH SELLS, AND YOU PRE-ORDER OR PURCHASE, DIFFERENT VERSIONS OF THE ROBO WUNDERKIND DEVICES OFFERED BY ROBO TECHNOLOGIES GMBH THROUGH ITS WEBSITE AT WWW.ROBOWUNDERKIND.COM (THE “WEBSITE”) (EACH, A “PRODUCT”). BY PURCHASING A PRODUCT, YOU ARE AGREEING TO THIS AGREEMENT, WHICH FORMS A BINDING AGREEMENT BETWEEN YOU AND THE COMPANY. DO NOT PRE-ORDER A PRODUCT IF YOU DO NOT ACCEPT THIS AGREEMENT. THE TERM “YOU” MEANS BOTH THE INDIVIDUAL PLACING THE PRE-ORDER AND THE ENTITY ON WHOSE BEHALF SUCH INDIVIDUAL IS ACTING, IF ANY.
- Orders. Any orders for Products placed through the Website are binding. All order quantities are firm, and you may not cancel or modify any order, except as set forth in this Agreement.
- Pricing and Payment. You agree to pay the price for the particular Product you are purchasing listed on the Robo Wunderkind website by credit card in accordance with the payment procedures described on the Website.
- Transfer of Risk and Title; Refunds. Risk in the Product passes to you on the delivery of the Product by Robo Technologies GmbH 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 the receipt of payment for the Product by Robo Technologie GmbH.
- 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.
- Intellectual Property. Robo Technologies GmbH and its related companies own all intellectual property rights in the Products. You shall acquire no interest or rights in Robo Technologies GmbH’s intellectual property by virtue of this Agreement.
- Warranties. PLEASE REFER TO THE SECTION WARRANTY ON THIS WEBSITE.
- Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL Robo Technologies GmbH BE LIABLE FOR ANY COLLATERAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR USE OF THE PRODUCTS, EVEN IF Robo Technologies GmbH SHALL HAVE BEEN ADVISED OF SUCH POTENTIAL DAMAGES.
- TO THE EXTENT PERMITTED UNDER LAW, IN NO EVENT SHALL Robo Technologies GmbH’S LIABILITY FOR DAMAGES ARISING IN CONNECTION WITH ANY PRODUCT EXCEED THE PURCHASE PRICE OF THE PRODUCT PAID BY YOU. THESE LIMITATIONS WILL APPLY WHETHER THE LIABILITY ARISES IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, UNDER STATUTE OR OTHERWISE. Any legal proceedings against Robo Technologies GmbH 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.
- Indemnity. You alone are responsible for the manner in which you use the Product. You shall defend, indemnify and hold harmless Robo Technologies GmbH 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.
- Force Majeure. Robo Technologies GmbH shall not be liable for any breach of this Agreement to the extent arising from any factor outside Robo Technologies GmbH’s reasonable control.
- Applicable Law and Jurisdiction; Compliance. These T&C and all contractual relations and litigation between the users and Robo Technologies GmbH shall be governed by Austrian law, excluding the conflict of law-provisions of the United Nations Convention on Contracts for the International Sale of Goods. Exclusive court of jurisdiction shall be the competent court at 1010 Vienna, Austria.
- Miscellaneous. If any provision of this Agreement is held to be unenforceable, it shall be severed and the remaining provisions will remain enforceable. The severed provision will be replaced by an enforceable provision most nearly reflecting the intention of the parties.
- We may change the Terms and Conditions at any time. You can review the most current version of the Terms and Conditions by clicking on the Site’s “Terms & Conditions” link. If you continue to use this site after we make changes to the Terms, you are signifying your acceptance of the new terms. You are responsible for checking these terms periodically for any changes.