Pre-orders Terms & Conditions
Pre-order Terms and Conditions
Pre-order Terms and Conditions (hereafter referred to as “the Terms”) refers to the agreement established between you (or “user”, as identified by your purchase, registration or login, whether you are an individual or enterprise) and Ribbit Computers, LLC (hereafter referred to as “Ribbit”) and its affiliates in relation to the operation of the website (www.ribbitonline.com) (referred to simply as “the website”) and the pre-order of GPU(s) or video card(s) or graphics card(s) (“the pre-order products”).
These Pre-Order Terms and Conditions (“Terms”) govern the placing of pre-orders (“Pre-Order”) with Ribbit and other accessories (“the pre-order products”). Pre-ordering a product means that you will pay for your products at the time that you make your pre-order, but that the product(s) will be delivered at a later date. Please review theses Terms carefully before submitting your Pre-Order of any Ribbit products. By submitting your Pre-Order, you agree to be legally bound by these terms.
When placing a Pre-Order for Ribbit 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. Ribbit shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information.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 Ribbit may decline or delay reservations to avoid oversubscription or as it deems appropriate, provided that we will make efforts to inform you prior to expected delivery date.
Payment and Refunds
You agree to pay the price for the Product(s) you are purchasing listed on the Ribbit website by credit card in accordance with the payment procedures described on the website. You will be charged the full Price of the Products at the time of placing the Pre-Order. If Ribbit is unable to commence shipping the Products within the three month anniversary of your placing the Pre-Order, Ribbit shall process a full refund to you. Your placing of a pre order constitutes your express agreement to Ribbit of charging the full Price of the Products at such time. If full payment is not received at the time you place your Pre-order, your Pre-order will be cancelled
Ribbit will ship 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.
Although we will make efforts to begin delivering Products as soon as reasonably practicable, you understand and agree that there may be delays. As a result, in the event that a delay arises and the estimated shipment and/or release of the product is not met, Ribbit is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. We will provide you periodical 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 6 below.
The purchase price (“Price”) does not include taxes and other government charges, which are your responsibility. 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.
You or Ribbit may cancel this reservation by terminating the Pre-Order at any time prior to ten days from the day you place your Pre-order. If you do so prior to our notice of delivery, you will obtain a refund of the purchase Price without interest. If Ribbit cancels your reservation you will receive a full refund of the purchase Price without interest.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL Ribbit BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT. IN THE EVENT Ribbit 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.
Ribbit DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS ORDERED FROM Ribbit WHETHER BEFORE OR AFTER YOU HAVE PLACED THE PRE-ORDER. 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 6 ABOVE.
Changes to the Terms
Ribbit reserves the right to change any of the terms for any or no reason. We will provide notice of any material changes and, if you are unhappy with such changes, your sole and exclusive remedy will be to cancel your reservation as described in Section 6 above.
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 Kansas, which rules are deemed to be incorporated by reference in this clause.
You hereby agree, and Ribbit agrees, that disputes arising in connection with this agreement shall be resolved exclusively by binding arbitration before a single arbitrator in accordance with the Commercial Aribitration Rules of the American Abribtration Association. The arbitration shall take place in Wichita, KS. The arbitration shall be held in English.
You alone are responsible for the manner in which you use the Product. You shall defend, indemnify and hold harmless Ribbit 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.