Pre-Order Terms: These Pre-Order Terms and Conditions (“Terms”) govern the placing of pre-orders (“Pre-Order”) in accordance with Current Expected Delivery date (“Current Expected Delivery”) with 23 Pty Ltd (ABN: 73 626 794 321) T/A Ynde (“we”, “ us”, or “Ynde”) for our products (“Products”). Please read these Terms carefully before submitting your Pre-Order of any Ynde Products. By submitting your Pre-Order, you agree to be legally bound by Ynde and these terms.
1. Pre-Order Information When placing a Pre-Order for Ynde 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. Ynde shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information.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 email@example.com or updating your profile via the ‘My Account’ page
2. Payment & Cancellation You will be charged the full Price of the Products at the time of placing the Pre-Order. You acknowledge and agree that Ynde may decline or delay orders provided that we make efforts to inform you at least two (2) weeks prior to the Current Expected Delivery of the Pre-Order, and that you will be entitled to a full refund of the purchase Price if explicitly requested. If Ynde is unable to commence shipping the Products eight (8) weeks from Current Expected Delivery, you will be entitled to a full refund of the purchase Price if explicitly requested. You or Ynde may cancel this order by terminating the Pre-Order for any or no reason at least sixteen (16) weeks prior to the Current Estimated Delivery date mentioned in the product summary. If you do so, you will obtain a refund of the purchase Price without interest. If Ynde cancels your Pre-Order you will receive a full refund of the purchase Price without interest (and you will not pay any processing fee). Your placing of a pre¬-order constitutes your express agreement to Ynde of charging the full Price of the Products at such time.
3. 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. The Current Expected Delivery is only an estimate, is subject to change, and Ynde does not represent or warrant that it will be able to ship the Product by the Current Expected Delivery date. As a result, in the event that a delay arises and the Current Expected Delivery and/or release of the product is not met, Ynde is not 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 order as per the Terms provided in Section 2.
4. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES WILL YNDE BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT. IN THE EVENT YNDE 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.
5. Terms and Conditions of Sale The purchase of the Products is subject to additional terms and conditions provided by Ynde which can be found in the footer and on the checkout page and are subject to change without notice. Your purchase of the Product will be subject to these terms and conditions and the refund policy.
6. Changes to the Terms Ynde 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 order as per the terms in Section 2 above.
7. 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 and in accordance with Fair Trading NSW. The venue for any actions relating to the subject matter or enforcement of this Agreement shall be in New South Wales. You may not assign this Agreement or any of the rights granted to you hereunder.