Terms of Sales

Zimplistic Private Limited

This is a legal agreement between you and Zimplistic Private Limited (“Zimplistic”). By placing a preorder of a Rotimatic unit (the “Product”) from the Rotimatic Singapore website accessible at http://rotimatic.com/rotimatic-singapore (the “Site”), you agree to these terms of sales (“Terms”) set out below, along with Zimplistic’s Privacy Policy and Website Terms and Conditions. These Terms may be updated by Zimplistic from time to time, and it is your responsibility to review these Terms each time you make a purchase from the Site.
BY CLICKING ON THE BUTTON TO SUBMIT A PREORDER, YOU ARE CONSENTING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, DO NOT CLICK THE BUTTON TO SUBMIT A PREORDER.

1. PREORDERING

1. These Terms shall apply to all preorders for Product placed by you through the Site, or as otherwise referenced in a written agreement between you and Zimplistic. You acknowledge that the information contained on the Site may contain technical inaccuracies or typographical errors. The Site, all content available on the Site, and all related communications are provided on an “AS IS” basis. We make no representations or warranties as to the completeness, accuracy, adequacy or reliability of any information contained on the Site.
2. To place a preorder, you must:

i. (a) provide up-to-date, complete and accurate registration information as requested by us on the Site, which may include your shipping address ZIP code, phone number and email address;
ii. (b) provide up-to-date, complete and accurate credit card information for a credit card that is valid and legally registered to you; and
iii. (c) be at all times in compliance with the terms and conditions of these Terms and applicable law, including the requirement to be 18 years of age or older.

3. You specifically agree that Zimplistic may rely on the accuracy of the information provided by you to Zimplistic, and that Zimplistic will have no liability whatsoever, whether to you or to any third party, for any claims or damages resulting from inaccurate information provided to Zimplistic.
4. All Products available through the Site are intended for end-user customers only. You may not purchase Products for resale, and we reserve the right to refuse or cancel your preorder, or to deny you any return rights, if we suspect you are doing so.
5. We reserve the right, without specifying any reason, to cancel or refuse any preorder at any time prior to shipment, including after a preorder has been submitted, whether or not such preorder has been confirmed. We may attempt to contact you if all or a portion of your preorder is cancelled, or if additional information is needed to complete and accept your preorder.
6. Although the Site is accessible worldwide, the Products offered on the Site are not designed and tested for use in all countries. If you choose to access the Site and/or use the Products outside the Singapore (a “Target Country”), you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Site is not designed for use in a non-Target Country and some or all of the features of the Site may not work or be appropriate for use in such a country. To the extent permissible by law, Zimplistic accepts no responsibility or liability for any damage or loss caused by your access or use of the Site in a non-Target Country.
7. The Products available on the Site have been designed, tested and marketed for use by residents of the Singapore. All safety warnings, information, instructions, packaging, in-box materials and support services are provided only in English. The Products available on the Site are not intended for use outside of the Singapore. You are responsible for complying with all applicable laws and regulations of the country for which the Product is destined. We are not liable or responsible if you break any such law. You are solely responsible for ensuring the use of Products in Singapore, and you accept that any problem arising from the use of Products in a non-Target Country is not a valid claim under the warranty provided with your Products and does not otherwise constitute a basis for receiving a refund after the 30 day return policy described below.

2. DELIVERY AND SHIPPING

1. All preorders are subject to acceptance by Zimplistic, and any rejection of a preorder shall be made in Zimplistic’s sole discretion, regardless of whether the preorder was confirmed through the Site. If you have been charged for a preorder that is subsequently rejected by Zimplistic, Zimplistic will refund the amount of that preorder to your credit card.
2. A preorder submitted by you constitutes an offer by you to us to purchase the Product on these Terms and is subject to our subsequent acceptance. Prior to such acceptance, an automatic e-mail acknowledgement of your order may be generated. Please note that any such automatic acknowledgement does not constitute a formal acceptance of your order. Our acceptance of your order takes effect and the contract concluded at the point where such offer is expressly accepted by us dispatching your order and accepting your credit card or other payment for both the Product and shipment of the Product (“ Acceptance“). Your order is not complete until payment for Product and the the shipment of the Product has been received. After Acceptance, you may not modify or cancel your order without our prior written consent; however 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
3. Zimplistic will make reasonable efforts to accommodate your delivery requirements; however, delivery is subject to availability of resources at the time of preorder placement. Zimplistic shall therefore not be liable in any way for any delay or damage arising from Zimplistic’s failure to meet your delivery requirements or any delivery dates.
4. The title to the Products shall pass unto you at the moment of handing the Products over to the freight carrier. We shall not be liable for any Products loss or damage that may occur when the Products are in transit to you. If you are interested we may insure the Products at your cost.
5. Without prejudice to point 2(4) above, you are responsible for examining all shipments promptly upon receipt. If you discover any shortages or incorrect products in the shipment, you must notify Zimplistic immediately.

3. PRICING AND PAYMENT

1. All prices are in US dollars unless otherwise expressly stated in writing. Zimplistic reserves the right to change its standard prices without notice.
2. Prices are exclusive of, and you will pay: (a) all applicable taxes (including all applicable sales, use, consumption, goods and service, value added, and withholding taxes), unless you have provided Zimplistic with an appropriate tax exemption certificate or number, and (b) all fees and charges related to customs, duties and brokerage. Zimplistic may charge sales tax for sales of Products through the Site. Any sales tax charged will be indicated during the checkout process.
i. Where your credit card is rejected for any reason, you will be responsible for any fees and charges associated with such rejection, as well as interest on the amount owing. Interest will be the lesser of 1.5% per month or the maximum rate permitted by law, commencing on the date that your credit card was rejected. Zimplistic may, in its sole discretion, delay shipment of, or cancel, your Product preorder where your credit card is rejected.

4. RETURNS AND TOTAL SATISFACTION RETURN POLICY

1. Products may be returned to Zimplistic for complete refund within thirty (30) days of delivery. For preorder to be eligible for refund, returned products must not be damaged by misuse, abuse, or disassembly. Shipping of all returns is your responsibility and at your sole expense. Please consult Zimplistic for details about its return procedures. You acknowledge that this 30 day return policy is considered in satisfaction of applicable statutory “withdrawal rights” or “cooling off periods”, and you waive all such statutory rights.
2. If you are the original purchaser of the Product and you are not satisfied with this Product for any reason, you may return it in its original condition within thirty (30) days of the original purchase and receive a full refund.

5. TITLE, INTELLECTUAL PROPERTY AND USE RESTRICTIONS

1. You do not acquire any intellectual property or other proprietary rights under these Terms, including without limitation any right, title or interest in and to patents, copyrights, trade-marks, industrial designs, confidential information, or trade secrets, whether registered or unregistered, relating to Zimplistic products, software or any part thereof. Your only rights to Zimplistic products, software, or any part thereof shall be those rights expressly licensed or granted to you under these Terms or in a separate, mutually agreed upon, written agreement between you and Zimplistic. Any rights not expressly granted under these Terms are reserved.
2. Except to the extent expressly agreed upon in writing by you and Zimplistic, you shall not, and you shall not permit any third party to, copy, reproduce, distribute, modify, decompile, disassemble or reverse engineer the Products provided to you by Zimplistic as part of the Products, nor shall you use the Products except to facilitate your personal, non-business-related use.

6. WARRANTY

1. Zimplistic warrants that, for a period of one (1) year from the date that the Products are delivered to you, the Products will be free from defects in material, design and workmanship. Zimplistic does not warrant that the operation of the Products will be uninterrupted or error-free.
2. You must obtain a valid, written Return Materials Authorization (RMA) from Zimplistic as part of the warranty return process. Zimplistic reserves the right to refuse or return any Products sent back without an RMA.
3. If you notify Zimplistic of any such material defects or non-conformance within such one (1) year period and obtain the applicable RMA, Zimplistic will, at its option, repair or replace the Products. If Zimplistic is unable to repair or replace such Products within a timeframe determined by Zimplistic, acting reasonably, Zimplistic will refund you the amounts paid for such defective or non-conforming Products. All shipment of such Products is at your expense, unless Zimplistic otherwise agrees in writing.
4. Zimplistic may, at its option, use new or refurbished or used parts in good working condition to repair or replace any Product. Any replacement product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, or for such minimum time period as required by the jurisdiction in which you reside.
5. The above warranty shall not apply to defects or non-conformities resulting from: (a) use of the Product in a manner contrary to, or not in accordance with, the documentation, guidelines or instructions provided by Zimplistic, (b) any modification, maintenance or repair of the products by anyone other than Zimplistic, (c) normal wear and tear, (d) external causes such as, but not limited to, power failure or electrical power surges, or (e) your breach of these Terms. This warranty additionally does not cover Products marked as “sample” or sold “AS IS”.
6. The warranty set forth in this section 6 is the exclusive warranty made by Zimplistic to you. Zimplistic disclaims all other representations, warranties and conditions, whether express or implied, including but not limited to any express or implied representations, warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, non-infringement, or any other warranty or condition arising by statute, custom or usage of trade related to the products provided hereunder. Some jurisdictions may not allow the exclusion or limitation of implied warranties and conditions. To the extent permitted by law, any implied warranties or conditions relating to the products and services to the extent that they cannot be excluded as set out above are limited to one (1) year from the date that the Products are delivered to you.

7. INDEMNITY

1. You shall defend, indemnify and hold Zimplistic, its successors, assigns, officers, directors, employees and agents harmless from any and all claims, damages, judgments, settlements, losses or expenses, including but not limited to attorney’s fees and charges, and court and arbitration costs, arising out of or relating to these Terms (including without limitation (a) a claim of infringement of any intellectual property or proprietary right arising from your combination or use of the Products with software, interfaces, or other materials that are not supplied or specifically authorized by Zimplistic, (b) a claim respecting any injury, death or property damage in connection with your use or misuse of the Products, (c) any third party claim arising from your unauthorized or improper use or modification of the Products, and (d) any third party claim arising out of your material breach of these Terms).
2. You alone are responsible for the manner in which you use the Product. You shall defend, indemnify and hold harmless Zimplistic and its officers, directors, employees and agents (“Indemnitees”) from any liabilities, damages, losses, expenses, costs and attorneys’ fees arising from your use of the Products not expressly in accordance with this Agreement or from any claim or suit made against the Indemnitees as a result of such conflicting use.

8. LIMITATIONS OF LIABILITY

1. In no event will Zimplistic be liable under these Terms for any damages other than your direct damages to the extent arising from Zimplistic’s gross negligence or willful misconduct, and in no event shall Zimplistic’s aggregate liability exceed the amounts paid by you to Zimplistic for the Products that gave rise to the claim.
2. No claim may be brought against Zimplistic, whether in contract, tort or otherwise, more than two years after the Products were delivered.
3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) WE BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) OUR TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO US OR OUR AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. WE DISCLAIM ALL LIABILITY OF ANY KIND OF OUR LICENSORS AND SUPPLIERS.

9. SERVICE AND SUPPORT

1. All requests for technical service and support with respect to the products and services available through our site should be made by e-mail at moreinfo@zimplistic.com. We will do our best to help you; however, we cannot guarantee that every problem will be resolved to your satisfaction.

10. FEEDBACK

1. We would appreciate receiving your feedback on the usability of the Products, including feedback on any errors, problems, or other issues with the Products. We will use your feedback to aid in resolving Product issues and to improve our products, and may contact you to obtain further information. All personal information will be handled in accordance with our privacy policy.
2. You agree that Zimplistic shall own all feedback, including without limitation: ideas, concepts, or changes to the Product developed or identified in the course of these Terms or as the result of your use of the Product, and all associated intellectual property rights therein (collectively the “Results”), and hereby assign to Zimplistic all of your right, title and interest thereto.

11. FORCE MAJEURE

1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

12. GOVERNING LAW AND ENFORCEMENT

1. This Agreement is governed by, and shall be construed in accordance with, Singapore law. The courts of Singapore have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement (including any dispute regarding the existence, validity or termination of this Agreement) (a “Dispute”).
2. You and Zimplistic agree that the courts of Singapore are the most appropriate and convenient courts to settle Disputes and accordingly no Party will argue to the contrary. As a result, you shall be prevented from taking proceedings relating to a Dispute in any other courts with jurisdiction. To the extent allowed by law, Zimplistic may take concurrent proceedings in any number of jurisdictions.
3. We make no representation that the products and services available through our site are appropriate or available for use in locations outside of Singapore, and accessing them from territories where such products and services are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
4. These Terms and Conditions constitute the entire agreement and understanding between us concerning the subject matter hereof. These Terms and Conditions may not be altered, supplemented, or amended by the use of any other documents.

13. CONTACT

1. If you have any questions or inquiries regarding these Terms or any preorder details, please contact the Zimplistic support team through the contact details at https://rotimatic.com/our-story/#contact-us. Please note that e-mail communications will not necessarily be secure, so please do not include credit card information or other sensitive information in your e-mail correspondence with us.
2. You consent to receive communications electronically from us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights related to electronic communications.
3. Zimplistic may provide notifications to you as required by law or for marketing or other purposes via email to the primary email associated with your Account, hard copy, or posting of such notice on the Site. Zimplistic is not responsible for any automatic filtering you or your network provider may apply to email notifications. Zimplistic recommends that you add @zimplistic.com URLs to your email address book to help ensure you receive email notifications from Zimplistic.

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