Pre-Orders Terms and Conditions
v1.1 – 12 March 2021
v1.0 – 08 March 2021
These terms (“Terms”) apply to you and LightOn SAS (known as “LightOn” or “we” in these Terms) when you place a deposit payment for the LightOn Appliance (pre-order). These Terms and the details you agree to when placing your Deposit Payment form the entire agreement between you and LightOn (“Agreement”).
1. Deposit Payment
Your deposit payment (“Deposit Payment”) is exclusive of any VAT or other taxes and will be applied towards covering the first 12 months of the LightOn Appliance leasing fee charged by LightOn. By placing your Deposit Payment, you have established priority for leasing the LightOn Appliance when available. The Deposit payment can be performed exclusively through a wire transfer, on top of all fees that may be charged by your bank for the kind of transaction that is needed in order to complete the transfer; included but not limited to international transaction fees.
2. Fully Refundable
Prior to submitting a final order, your Deposit Payment is fully refundable and can be requested at any time, in writing. If you seek and obtain a refund, you will forfeit your priority position. The exact refund amount will be subject to (a) any fees charged by your bank; and (b) changes in currency exchange rates as applied by your payment provider between the time of deposit and the refund.
3. Availability; Limitations
Placing a Deposit Payment does not guarantee that the LightOn Appliance will be available to you. LightOn Appliance characteristics and functionalities are subject to change based on technological innovation. The availability dates are estimates only and subject to change. LightOn does not guarantee when the LightOn Appliance will actually be available. Delivery is dependent on many factors, including various regulatory approvals.
4. Placing an Order
When LightOn Appliance becomes available, LightOn will send you an offer notice in the form of a leasing contract. To secure this leasing contract, you must agree to the general Terms and Conditions. Prices for the LightOn Appliance leasing contracts presented at the time you place your Deposit Payment is subject to change to the prices in effect at the time of order and will include any applicable taxes, duties, delivery charges, and any other applicable fees. The exact amount to be applied towards your future purchase will be subject to changes in currency exchange rates between the time of deposit and the purchase order.
5. Acknowledgments; Non-Transferable
You understand that LightOn will not hold your Deposit Payment separately, for example in an escrow account or trust fund, or pay any interest on your Deposit Payment. Your Deposit Payment and rights under these Terms are not transferable or assignable to any other party or service address without the prior written approval of LightOn.
6. Your Details
7. Governing Law
These Terms and any disputes between us arising out of or related to this Agreement, including disputes regarding arbitrability (“Disputes”) will be governed by and construed in accordance with the laws of France.
8. Limitation of Liability
LightOn is not liable for any incidental, special, indirect punitive or consequential damages arising out of these Terms. Your sole and exclusive remedy will be limited to reimbursement of your Deposit Payment.
9. Discontinuation; Cancellation
LightOn maintains the right to cancel and refund your Deposit Payment for any reason at LightOn’s election, including if we discontinue a product, feature, or option after the time you place your Deposit Payment.
If any term of this Agreement is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect.
11. Electronic Delivery Policy; Notices
You consent to receive all agreements, updates, disclosures, policies, notices, and other information (collectively, “Notices”) provided by LightOn or its affiliates via electronic delivery.
12. Export Control Laws
Customer shall comply with all applicable laws, regulations, and treaties relating to the sale and destination of the Products, including, without limitation, U.S. and European export control regulations. Customer agrees not to sell any of the Products in any territory or country prohibited by applicable U.S. laws and to obtain representations from its own customers that they will not resell or transfer any of the Products to such countries or territories. The customer will defend, indemnify and hold LightOn harmless for any damages or costs to LightOn arising from the Customer’s failure to comply with these terms.