These Pre-Order Terms and Conditions (“Terms”) govern the placing of pre-orders (“Pre-Order”) with LionsForge Pte Ltd (“we”, “ us”, or “LIONSFORGE”) for our products and other accessories (“Products”). Please read these Terms carefully before submitting your Pre-Order of any LIONSFORGE Products. By submitting your request for a Pre-Order, you agree to be legally bound by these Terms.
When submitting the Pre-Order of a LIONSFORGE Product, you will be required to provide certain information, such as your name, address, contact details, e-mail address and billing information. You represent and warrant that all such information is accurate, and LIONSFORGE shall be entitled to rely on the information provided. LIONSFORGE shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information.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 shall provide LIONSFORGE with at least 2 weeks’ prior written notice of any change in such information, by sending an e-mail to firstname.lastname@example.org.
You acknowledge and agree that LIONSFORGE reserves the right to reject a Pre-Order in its sole discretion. We shall notify you via e-mail to the e-mail address you had provided within one month of our receipt of your Pre-Order if your Pre-Order is rejected, and will promptly refund of the Advance Payment to you.
The Price does not include taxes and other government charges (such as value-added taxes, goods and services tax, customs and excise taxes, import/export taxes, withholding taxes), which are your responsibility.
You shall pay to us in advance 100% of the Price of the Product (“Advance Payment”) at the time your Pre-Order is placed. At all times where a Product remained undelivered, LIONSFORGE is entitled to retain the Advance Payment. Your placing of a Pre-Order constitutes your express agreement with LIONSFORGE for the payment of 100% of the Price of the Product as Advance Payment at such time.
4. Delivery Schedule
We will provide you periodical updates of the Product, and the estimated time of delivery (“ETD”). An ETD is only an estimate, is subject to change, and LIONSFORGE does not represent or warrant that it will be able to ship the Product by the ETD. Although we will make efforts to begin delivering the Product as soon as reasonably practicable, you understand and agree that there may be delays. In the event that a delay arises and the estimated shipment and/or release of the Product is not met, LIONSFORGE shall not be responsible for any damages that may occur due to the delay, nor shall it be obligated, to provide any discounts, refunds or credits due to any such delays.
(a) At any time before we send a written notice to you that your Product is ready for delivery, you or LIONSFORGE may cancel this Pre-Order for any reason, by giving 30 days’ prior written notice.
(b) You may cancel this Pre-Order if the Product is not shipped by LIONSFORGE on or before the ETD.
Upon cancellation of your Pre-Order in accordance with this Clause 5, LIONSFORGE shall promptly process a full refund of the Advance Payment to you.
6. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL LIONSFORGE BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THIS PRE-ORDER. IN THE EVENT LIONSFORGE IS HELD LIABLE FOR ANY DAMAGES ARISING OUT OR RELATED TO THE PRE-ORDER, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE THE FULL REFUND OF YOUR PURCHASE PRICE WITHOUT INTEREST.
7. Terms and Conditions of Sale
In addition to these Terms, your purchase of the Product is subject to the Terms and Conditions of Sale.
8. Customer Information
LIONSFORGE DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROTOTYPE PRODUCT DISPLAYED BY LIONSFORGE 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 THE CANCELLATION OF YOUR PRE-ORDER IN ACCORDANCE WITH CLAUSE 6 ABOVE.
(a) Any amendment, variation of waiver of any Term shall be in writing and signed by authorised representative of LIONSFORGE. The waiver by LIONSFORGE of any right or the failure by LIONSFORGE to exercise any right or to insist on the strict performance of any Term shall not operate as a waiver of, or preclude any further exercise or enforcement of any other right or Term.
(b) Each Term is severable and distinct from the others. You and LIONSFORGE intend that every Term shall be and remain valid and enforceable to the fullest extent permitted by law. If in any particular case any Term shall be held to be invalid or shall not apply, the other Term shall continue in full force and effect.
(c) None of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act (Cap 53B) by a person who is not a party to it.
11. Governing law and jurisdiction
These Terms shall be construed and governed in accordance with the laws of Singapore and all proceedings in connection herewith shall be brought in, and you agree to submit to the non-exclusive jurisdiction of the courts of Singapore.