Terms And Conditions


Pre-Orders

Pre-ordering a Captor, and any accessories, means that you will pay for your Product(s) at the time that you make the pre-order and that the Product(s) will be delivered at a later date, by estimate between 4 and 6 weeks after the placement of the pre-order. By pre-ordering a Product(s) you represent and warrant that you have read these terms and that you accept that O'Qualia captures the payment for your pre-order when you make the order rather than at delivery of your pre-ordered Product(s).

Price

The price for pre-ordering a Product(s) is the sum of your cart excluding VAT for EU and Non-EU customers. You are responsible for any and all additional customs, taxes and/or fees that may arise from our delivery of your order. Price not changeable: In the event of Product(s) price adjustment prior to delivery, the price of paid orders will not be affected.

Payment

Immediately upon conclusion of a pre-order, the price of the pre-ordered Product(s) will be charged by O'Qualia through your selected means of payment. You hereby agree to such capture of funds. The accepted payment methods are credit card or PayPal.

Shipping

Pre-ordering a Product(s) means that you place yourself in a queue for shipment of the Product(s) as soon as it becomes available. Pre-orders will be shipped in the order that they were placed, meaning that the First pre-orders will be fulfilled first.The estimated time of shipment of the Product(s) pre-ordered during the First pre-order is approximately 4 to 6 weeks. This represents O'Qualia’s best estimate at the time of writing but it is preliminary and subject to change, depending on availability of Product(s) and the location of the customer.

Cancellation Of Pre-Orders

O'Qualia reserves the right to refuse any order for any reason. O'Qualia also reserves the right to cancel any pre-order, which we have already accepted. Should an accepted order be canceled, O'Qualia will refund any payments for such order within 30 days. However, O'Qualia will not be liable for any other damage or costs. An accepted order may be canceled and refunded under (including but not limited to) the following circumstances.

  1. the Product becomes unavailable;
  2. your billing information is not correct or not verifiable;
  3. our security systems flag your pre-order as an unusual order or an order susceptible to fraud;
  4. your payment is not received within 12 calendar days after we have accepted your pre-order;
  5. we have reason to believe you are not of legal age to make a purchase;
  6. there was any error in the price quoted for your order;
  7. we are or were unable deliver to the address you provided.
Limitation Of Liability

    IN NO EVENT SHALL O'QUALIA BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THESE TERMS OF PURCHASE OR THE USE OF OR INABILITY TO USE OR DELIVER ANY PRODUCT, EVEN IF O'QUALIA KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. O'QUALIA'S AGGREGATE CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THESE TERMS OF PURCHASE AND THE USE OF, OR INABILITY TO USE OR DELIVER, ANY PRODUCT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL IN NO EVENT EXCEED THE PRICE PAID BY CUSTOMER FOR SUCH PRODUCT.

    Warranty Policy

    O'QUALIA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SHIPMENT DATE OF THE PRODUCT(S).

    Purchases are subject to O'Qualia's general Warranty policy which can be found here:
    warranty_policy

    Force Majeure

    Neither party shall be liable, for damages nor any other consequences, if the party’s obligations according to these Terms, other than the obligation to pay money, are inhibited or delayed by circumstances that the party cannot reasonably control or foresee, including but not limited to, any conflict in the workforce; natural phenomena such as lightning, earthquakes, floods etc.; fire; war; decisions and decrees made by governments or authorities; accidents; strikes or shortages of transportation facilities, fuel, energy, labor or materials; or similar circumstances.

    Entire Agreement

    This agreement, together with the herein referenced documents, constitute the entire agreement with regards to the subject matter between you and O'Qualia. It supersedes and merges any prior proposals, understandings, and communication. Any modifications to these Terms must be made in writing.

    Applicable Law And Jurisdiction

    These terms shall be deemed to be made in Singapore and subject to, governed by and construed in all respects in accordance with the laws of the Republic of Singapore. Any dispute, controversy or claim arising out of or in connection with this Agreement shall be resolved in the following manner:
    1. Both Parties shall use their best endeavors to settle the dispute informally by agreement between the Parties through negotiations. Both Parties shall always act in good faith and co-operate with each other to resolve any disputes.
    2. If no agreement is reached between the Parties within fourteen (14) days from the commencement date of mediation, Parties may then commence any other dispute resolution proceedings.

    The Parties hereby agree to submit irrevocably to the non-exclusive jurisdiction of the Courts of the Republic of Singapore. The application of the United Nations Convention on Contracts for the International Sale of Goods 1980 to this Contract is hereby expressly excluded.

    O'Qualia Private Limited
    16 Raffles Quay, #41-01, Hong Leong Building, 048581, Singapore

    If you have any questions regarding these terms or otherwise, please contact us by e-mail: info@oqualia.com