Terms of Sale

Applies to sales, purchase, return, and refund policies for GeoOrbital products.

For Products purchased via the GeoOrbital website, you have the right to return the purchase for a period of 15 days from the date of delivery.  Please see our Exchange and Refund Policy below. 

Last updated October 1, 2017

Welcome to the online store (the “Store”) provided by GeoOrbital, Inc. (“us”, “we”, “our”, “Company”, or “GeoOrbital”). As a purchaser (“you” or “your”) of the products (“Products”), from the Store, you agree to be bound by these Terms of Sale (“Terms”).

The Store is for retail sales to private consumers only. Please contact dealer@geoo.com if you wish to purchase Products for commercial use or in wholesale quantities.

Terms. These Terms apply to all offers, sales, and purchases of Products sold through our Store. All other policies we have issued, including our Privacy Policy, Limited Warranty and End User License Agreement, as amended from time to time are incorporated into these Terms by reference.

Changes. This Store and our business may change from time to time. As a result, at times it may be necessary for us to make changes to these Terms. Please review these Terms periodically, and especially before you order any Products on the Store. These Terms were last updated on the date indicated above. We reserve the right to update or modify these Terms at any time and from time to time without prior notice, and such changes will apply to your purchase transaction if you place such order after the date of last modification indicated above.

PURCHASES. ALL PURCHASES ARE FINAL, NON-CANCELABLE AND NON-REFUNDABLE, EXCEPT AS SPECIFIED IN THE APPLICABLE CANCELLATION POLICY AND REFUND POLICY SET FORTH BELOW.

Minors. We do not sell to minors. The Products are intended for adults over age 18 and we intend to sell the Product to adults only.

Prices, Quotations, Descriptions. Any prices, quotations and descriptions made or referred to on this Store with respect to the Products are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to Acceptance (as defined below).

Rejection of Orders.  We may reject your order without liability at any time for any reason in our sole discretion. If we cancel your order or are unable to process your order, we will refund any payment that you have made for the item ordered.

Cancellation Policy.  (a) we may cancel your order at any time after Acceptance and prior to shipment for any reason in our sole discretion, and in such event, we will issue you a credit or refund; and (b) for any “pre-orders” of Products (as specifically identified on the Store), you are permitted to cancel your pre-order prior to the Product shipping. You may cancel your pre-order by contacting us at hello@geoo.com. Upon such cancellation, we will refund the amount paid by you for the cancelled items. (The foregoing collectively constitutes our “Cancellation Policy”).

Charges. In some cases, your Products are customized to meet your requirements, and you will be charged IMMEDIATELY once you submit your order.

Currency. All prices are in U.S. dollars (USD). If you pay in a different currency, the currency conversion will be handled by our payment service provider or the credit card company. We reserve the right to offer other currencies.

Revisions. We have the right at any time prior to our Acceptance to withdraw any discount and/or to revise prices to take into account increases in costs including, without limitation, costs of any materials, carriage, labor or the increase or imposition of any tax, duty or other levy and any variation in exchange rates. We also reserve the right to notify you of any mistakes in the descriptions of the Products or errors in pricing prior to the product shipping. We will not process the order unless you confirm your order with the new pricing. In such event, if you choose to continue with fulfillment of your order, you acknowledge that the Product will be provided in accordance with such revised description or corrected price.

Territory.  Although the Store is accessible worldwide, the Products offered on the Store are not designed and tested for use in all geographical areas. If you choose to access the Store and/or use the Products outside their intended geographical area, as applicable, you do so at your own risk and you are solely responsible for complying with applicable local laws in your geographical area. You understand and accept that the Store is not designed for use in all geographical areas and some or all of the features of the Store may not work or be appropriate for. To the extent permissible by law, GeoOrbital accepts no responsibility or liability for any damage or loss caused by your access or use of the Store in an inappropriate geographical area.

Shipping and Taxes. Unless otherwise specified, prices quoted exclude: (a) the costs of shipping or carriage to the agreed place of delivery within the geographical area (charges for which are stated on the Store); and (b) Sales tax, any other tax, duty and/or fees (“Fees”) which (where applicable) must be added to the price payable. You agree to pay for taxes, duty, fees and shipping or carriage of the Products. We will estimate such costs on the Store when you submit your order. We are not liable for any miscalculation of such Fees and advise you to check with the appropriate agencies in your geographical area.

Payment Information. We charge credit or debit cards prior to shipment of the Products. We reserve the right to verify credit or debit card payments prior to shipment. Payment processing on the Store is powered by our third party payment processor. We are not responsible for the performance of the third party payment processor.

Delivery Schedules. Any delivery schedules or dates specified on the Store, or in any order acknowledgements, and/or e-mail communications from us to you or elsewhere, are not a promise to fulfill the pre-order, or order, by such dates, but are estimates of when we hope to fulfill the order.

Delivery Address. Delivery will be to a valid address within the geographical area submitted by you. Delivery cannot be made to a Post Office box or APO address. You must check the Delivery Address on any acknowledgement we provide and notify us without delay of errors, changes or omissions. We reserve the right to charge you for any extra costs arising from changes you make to the Delivery Address after you submit an order and prior to shipping the Product.

Short Deliveries. Except to the extent required as a result of any mandatory rights you have as a consumer under applicable law, you will not be entitled to reject the Products in whole or in part by reason of short delivery and will pay in full notwithstanding short delivery unless you notify us in writing of any claim within five (5) days of the latest of the date of receipt of the relevant invoice or delivery whereupon you will pay for the quantity actually delivered.

Risk of Loss. Except as otherwise provided in these Terms, title and risk of loss of or damage to the Product passes to you on delivery or when placed in your possession.

Exchange and Refund Policy. We offer refunds or exchanges for Products you have ordered. You have the right to return or exchange your purchase for a period of 15 days commencing the date of delivery for Products purchased via geoo.com.  We will refund the purchase price except for shipping charges.  To initiate your return, you must inform GeoOrbital of your decision by contacting Customer Support within 15 days of the delivery date by email at support@geoo.com, in order to obtain an authorization number for the return of your order. Subsequently, you should return the Product in a timely manner, free of all interests, liens, or any other claims to the address provided to you by GeoOrbital Customer Support.  

If you decide to return the Product to GeoOrbital, you will be liable for any diminished value of the Product resulting from any handling beyond what is necessary to establish the nature, characteristics and functions of the Product. You may also be charged a 15% restocking fee.

You accept that GeoOrbital may charge you for any shipping or postage costs incurred directly associated with returning the Product. (the foregoing constitutes our “Exchange and Refund Policy“).

Pick-Up and Return. In the event of shipping damage to or loss of the Products, after receiving notice from you, we will arrange for pick-up or return of any damaged Products (which must include all original packaging, hardware, accessories materials, and documentation) at our sole expense. We may, in our sole discretion and at our option, replace or repair the Products upon receipt and examination of the Products from you. Upon our receipt of the damaged Products, verification of the damage and determination that the product was NOT used in any way shape of form, we will ship out to you replacement or repaired Products as soon as reasonably possible.

Rights Void. Your rights of repair or replacement of the Products under our Exchange and Refund Policy will in all cases be negated or rendered void where: (i) the Products were not damaged in transit or (ii) the Products have not been returned in accordance with the requirements of Section 6.2 or Section 6.3 or (iii) the products were used or damaged from use.

LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE: (A) OUR AGGREGATE LIABILITY (WHETHER BASED ON WARRANTY, CONTRACT, TORT, INCLUDING NEGLIGENCE, OR ANY OTHER LEGAL THEORY) WILL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCTS YOU ORDERED THAT ARE RELATED TO YOUR DAMAGES; AND (B) IN NO EVENT WILL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER, OR DAMAGES RESULTING FROM LOST DATA (WHETHER BASED ON WARRANTY, CONTRACT, TORT, INCLUDING NEGLIGENCE, OR ANY OTHER LEGAL THEORY). SOME STATES, COUNTRIES AND PROVINCES DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Specifications. Unless otherwise stated in these Terms, all Products’ specifications, illustrations, drawings, particulars, dimensions, performance data and other information on the Store or made available by us are intended to represent no more than a general illustration of the Product and its features and do not constitute a warranty or representation by us that the Products will conform with the same.

Indemnification. TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE TO INDEMNIFY, REIMBURSE, PAY FOR AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND LICENSEES FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO (I) ANY CLAIM ASSERTING THAT CONTENT YOU PROVIDED INFRINGES A THIRD PARTY’S PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, PUBLICITY, CONFIDENTIALITY OR OTHER RIGHT; (II) ANY CLAIM ASSERTING THAT CONTENT YOU PROVIDED IS DEFECTIVE OR HAS CAUSED PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE; (III) YOUR USE OF THE CONTENT AND (IV) YOUR BREACH OF THESE TERMS OF SERVICE.

License. If any license or consent of any government or other authority is required for the acquisition, carriage or use of the Products by you, you will obtain such license or consent at your own expense. You will meet any additional expenses or charges incurred by us resulting from such failure.

Export Laws. Products licensed or sold to you under these Terms may be subject to export control laws and regulations in the Territory or other relevant jurisdiction where you take delivery or use the Products. You will be responsible for complying with those laws and will not do anything to breach them.

EEA. Items entering the European Economic Area (EEA) from outside over a certain value may be subject to customs charges (e.g. where costs are in excess of your personal import allowance). You may be subject to customs charges, import duties and taxes, levied when the Products reach your specified destination. Any such additional charges for customs clearance or import duties or taxes must be met by you. You should contact the local customs office in the relevant jurisdiction for further information on customs policies or duties.

General. We will not be liable to you nor held in breach of contract for any loss or damage which may be suffered as a direct or indirect result of us being prevented, hindered or delayed in the performance by reason of any circumstances beyond our reasonable control including (but not limited to) any act of God, war, riot, civil commotion, governmental action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labor disturbance, breakdown of plant or machinery, interruption in the supply of power or materials and in such event we may elect to cancel your order and refund any payments made. Except as expressly agreed by the Company and you, these Terms, the Privacy Policy, the Limited Warranty and any applicable requirements and policies issued by the Company constitute the entire agreement between you and the Company with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. In the event of any conflict between this Agreement and any applicable warranty issued by the Company, the applicable terms and conditions of such warranty will control. These Terms are governed by the internal substantive laws of The Commonwealth of Massachusetts, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of Boston in The Commonwealth of Massachusetts. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. Failure of the Company to act on or enforce any provision of these Terms will not be construed as a waiver of that provision or any other provision in these Terms. No waiver will be effective against the Company unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. The section headings are provided merely for convenience and will not be given any legal import. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees.

 

GeoOrbital, Inc.

1 Broadway, 14th Floor, Cambridge, MA 02142

hello@geoo.com

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