Pre-Order Terms and Conditions

These Pre-Order Terms and Conditions (“Terms”) govern the placing of pre-orders ("Pre-Order") on this website operated by FSKILLS.co.nz (“we”, “ us”, “our” and “FSKILLS”) for any of our products and other accessories ("Products"). Please read these Terms carefully before submitting your Pre-Order of any FSKILLS Products. By submitting your Pre-Order, you agree to be legally bound by these terms.

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1. Pre-Order

When placing a Pre-Order for FSKILLS 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. FSKILLS shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information.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 emailing us at hello@fskills.co.nz.

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You acknowledge and agree that FSKILLS may decline or delay pre-orders to avoid oversubscription or as it deems appropriate, provided that we will make efforts to inform you within 14 days of our receipt of your pre-order, and that you will be entitled to a full refund of the purchase Price.

 

2. Payment

You will be charged the full price of the products at the time of placing the pre-order. If FSKILLS is unable to commence shipping the products on or before the one-year anniversary of your placing the pre-order, FSKILLS shall process a full refund to you. Your placing of a pre­order constitutes your express agreement to FSKILLS of charging the full price of the products at such time.

 

3. Priority

FSKILLS will manufacture products according to the order in which the pre-order is received. This position does not imply receiving a particular number associated with your product pre-order. If you cancel or forfeit your pre-order in accordance with the terms of this Agreement, your position will be taken by the next person on the product pre-order reservation list. Notwithstanding the foregoing, you acknowledge and agree that we may need to manufacture and use products for a variety of purposes, such as in-house and third-party testing, evaluation, and display prior to fulfilling product pre-order. Furthermore, we may in our discretion prior to fulfilling product pre-order offer for sale to the public (for instance, sales event or product demonstration) a limited number of products. Please consult our website or our newsletter for more information about such events.

 

4. Delivery Schedule

Although we will make efforts to begin delivering products as soon as reasonably practicable, you understand and agree that there may be delays. An estimated time of delivery (ETD) is only an estimate, is subject to change, and FSKILLS does not represent or warrant that it will be able to ship the Product by the estimated date. As a result, in the event that a delay arises and the estimated shipment, launch and/or release date of the product is not met, FSKILLS is not responsible for any damages that may occur due to such 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, reasonably practicable, 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 pre-order as provided for in Section 6 below.

 

5. Price

The purchase price ("Price") includes local taxes and relevant shipping fee as calculated at checkout for your designated shipping destination. If the Price drops after you have pre-ordered, we will refund you the difference. 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 right up to 10 days after you receive the item. To claim a refund for the difference, email us at hello@fskills.co.nz.

 

6. Cancellation

You or FSKILLS may cancel your pre-order by terminating the Pre-Order at any time for any or no reason prior to our notice to you that your Product is ready for delivery. If you do so prior to our notice of delivery, you will obtain a refund of the purchase Price without interest. If FSKILLS cancels your pre-order you will receive a full refund of the purchase Price without interest (and you will not pay any processing fee).

 

7. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL FSKILLS BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT. IN THE EVENT FSKILLS 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.

 

8. Terms and Conditions of Sale

The purchase of the Products is subject to additional terms of services provided by FSKILLS including in respect of any software included in the Products or intellectual property embodied in the Products or data collected by the Products. The current terms of services can be found on this website and are subject to change without notice. Your purchase of the Product will be subject to these terms of services and the refund policy.

 

9. Age and Residency

By placing your pre-order on this website, you acknowledge that “you” and “your parent” or “caregiver” are eligible and permitted by law to place this pre-order, are a resident of the New Zealand, and will take delivery of your Product in New Zealand. You acknowledge and agree that FSKILLS will initially focus its service efforts on certain geographical areas and may accept orders from areas outside New Zealand and expand to other areas as the company grows.

 

10. Customer Information

We will use any information that we may collect about you only in accordance with our privacy policy.

 

11. DISCLAIMER

FSKILLS DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS DISPLAYED BY FSKILLS 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 TO CANCEL YOUR PRE-ORDER AS DESCRIBED IN SECTION 6 ABOVE.

 

12. Changes to the Terms

FSKILLS reserves the right to change any of the terms for any or no reason. We will make any effort to provide notice , as reasonable practicable, of any material changes, if any, 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.

 

13. Miscellaneous Provisions

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 New Zeland. The venue for any actions relating to the subject matter or enforcement of this Agreement shall be in Wellington, the place where this Agreement was entered and is to be performed. You may not assign this Agreement or any of the rights granted to you hereunder.