Terms of Sale (United States)
1.1 Each order or preorder placed with TinyMOS Pte Ltd. (“TinyMOS”) by means of the internet or otherwise shall be governed by the present Terms of Sale. They shall apply to the exclusion of all other conditions not agreed to in writing by TinyMOS. By placing an order or a preorder, you acknowledge that you have read, understood and accepted, without reserve, the present Terms of Sale.
1.4 By placing an order through the Website you warrant and represent that: You are legally capable of entering into binding agreements; and you are over 21 years of age.
1.5 If any of these Terms of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
2.2 We reserve the right to refuse any Order you place with us at any time prior to shipment. We may, in our sole discretion, limit or cancel quantities purchased to a particular number per person, per household or per Order. These restrictions may include Orders placed by or under the same customer account, the same credit card, and/or Orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an Order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the Order was made or as updated. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
2.3 If you have been charged for an Order that is subsequently rejected by TinyMOS, TinyMOS will refund the amount of that Order to your credit card on file with TinyMOS within 10 business days of giving you notice of rejection.
2.4 An Order may be modified or cancelled before shipment of Product only by contacting TinyMOS and requesting a modification or cancellation.
2.5 You are responsible for ensuring that the details provided (including credit card details) to our company are correct and complete, informing us if any changes occur and updating the information provided to our company. TinyMOS will have no liability whatsoever, whether to you or to any third party, for any claims or damages resulting from inaccurate information provided to TinyMOS.
2.6 The data registered by TinyMOS constitutes full proof of the order and the entire transaction. The data registered by the payment system constitutes full proof of the financial transactions.
2.7 TinyMOS offers its Product on this website within the limits of its available inventory.
2.8 Our acceptance of your Order takes effect and the contract is concluded at the point where such offer is expressly accepted by us charging your credit card or accepting other payment, if any, towards the full consideration for both the Product and shipping of the Product.
2.9 Title in the Product shall remain with us until TinyMOS has received cleared payment or such payment is waived as indicated in the invoice. The risk in the Product is passed over when it is successfully delivered.
2.10 Although the Site is accessible worldwide, the Product offered on the Site is not designed and tested for use in all countries. If you choose to access the Site and/or use the Product outside the United States (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, TinyMOS accepts no responsibility or liability for any damage or loss caused by your access or use of the Site in a non-Target Country.
2.11 The Product available on the Site has been designed, tested and marketed for use by residents of the United States. All safety warnings, information, instructions, packaging, in-box materials and support services are provided only in English. The Product available on the Site is not intended for use outside of United States. You are responsible for complying with all applicable laws and regulations of the country for which the Product is destined (including but not limited to copyright laws). You may not use our Product for any illegal or unauthorized purpose. You are solely responsible for ensuring the use of the Product in United States, and you accept that any problem arising from the use of the Product in a non-Target Country is not a valid claim under the warranty provided with your Product and does not otherwise constitute a basis for receiving a refund after the 30 day return policy described below.
3. Price and Payment Terms:
3.1 The prices payable for the items you order are those displayed on this website on the date you place your order, excluding applicable taxes and delivery charges. TinyMOS shall inform you of the charges before shipment of your Order.
3.2 Payment by credit card is immediately due and payable upon placement of Order on this Site. Your credit card details will be encrypted for security purposes. For any Orders not placed through the Site payment is due and payable within five (5) days of the receipt of the invoice. TinyMOS shall have the right to charge a penalty for any delays in payment.
3.3 TinyMOS reserves the right to modify its prices and delivery charges at any time and to cancel a contract in case of writing, printing or calculation errors.
3.4 International Orders: The Product is currently not available for shipment outside of United States. However, once the Product becomes available for international delivery, by ordering to countries other than those where TinyMOS originates its shipments, you are the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. You may be subject to import duties and taxes that are levied once the merchandise reaches your country. Any additional charges for customs clearance must be borne by you. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.
4.1 All Orders confirmed by TinyMOS will be delivered to the delivery address you specify when placing your Order or as updated by you subsequently.
4.2 Deliveries can only be made to the countries specified on this website. Products are subject to availability and prevailing market conditions. In the event of non-availability of any goods, this will be stated on the website.
4.3 It is your responsibility to verify the quantity and condition of the merchandise upon delivery. In case you observe damage or missing items, you must notify TinyMOS within 7 days after the delivery. In the case of delivery of a defective or damaged Product, TinyMOS shall provide a replacement.
5. Returns and Total Satisfaction Policy
5.1 In accordance with our Total Satisfaction Policy, you may return the Product for a complete refund within 30 days of delivery. TinyMOS will only accept returns of merchandise in their original condition and packaging accompanied by the invoice. You must contact TinyMOS at email@example.com within 30 days to make arrangements for shipping the Product back to TinyMOS. Shipping of all returns shall be at your sole expense and TinyMOS may deduct the amount of shipping charges before processing the refund.
5.2 In order to be eligible for refund, the returned Product must not be damaged by misuse, abuse, or disassembly. 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.
5.3 No refund or exchange will be given for any of the free gifts or consumables accompanying the Product.
5.4 When returns are properly completed, TinyMOS shall reimburse the price of the returned merchandise and the invoiced delivery charges within a maximum of 30 days upon receipt of the returned merchandise.
5.5 Except for the standard manufacturer’s warranty terms applicable for the specific TinyMOS Product purchased under this Terms of Sale, all other warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade usage, or course of dealing are excluded to fullest extent permitted by law. In particular, warranties relating to merchantability, fitness for purpose, satisfactory quality and/or compliance with description are excluded.
6. Title, Intellectual Property and Use Restrictions
6.1 You do not acquire any intellectual property or other proprietary rights under these Terms of Sale, 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 TinyMOS Products, software or any part thereof. Your only rights to TinyMOS Products, software, or any part thereof shall be those rights expressly licensed or granted to you under these Terms of Sale or in a separate, mutually agreed upon, written agreement between you and TinyMOS. Any rights not expressly granted under these Terms are reserved.
6.2 Except to the extent expressly agreed upon in writing by you and TinyMOS, 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 TinyMOS, nor shall you use the Products except to facilitate your personal, non-business-related use.
7. Exclusive Limited Warranty
7.1 TinyMOS’s warranty obligations for all Products sold by TinyMOS on this site are limited to the terms set forth below:
7.1.1 TinyMOS will provide the repair and replacement services described in further detail below for the TINY1 (excluding software) and associated TinyMOS hardware Products against defects in materials design and workmanship under normal use for a period of one year from the date of delivery to the original end-user purchaser (“Warranty Period”). TinyMOS’s repair and replacement services under this Exclusive Limited Warranty described herein do not serve, and shall not be construed as making any representation concerning the TINY1 or TinyMOS. TinyMOS does not represent or claim through its Exclusive Limited Warranty that all Products will be completely free of defects and this Exclusive Limited Warranty shall not serve as an express or implied warranty about the TINY1 in any manner whatsoever.
7.1.2 If a Product defect arises and a valid claim is received within the Warranty Period, at our sole option and to the extent permitted by law, TinyMOS will either (1) repair the Product defect at no charge, using new or refurbished replacement parts, or (2) exchange the Product with a Product that is new or refurbished by TinyMOS or that has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original Product. If TinyMOS is unable to repair or replace such Products within a timeframe determined by TinyMOS, acting reasonably, TinyMOS will refund you the amounts paid for such defective or non-conforming Products.
7.1.3 TinyMOS may request that you replace defective parts with new or refurbished user-installable parts that TinyMOS provides in fulfillment of its warranty obligation.
7.1.4 A replacement Product or part, including a user-installable part that has been installed in accordance with instructions provided by TinyMOS, assumes the remaining warranty of the original Product or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you.
7.1.5 When a Product or part is exchanged, any replacement item becomes your property and the replaced item becomes TinyMOS’s property. Parts provided by TinyMOS in fulfillment of its warranty obligation must be used in Products for which warranty service is claimed. When a refund is given, the Product for which the refund is provided must be returned to TinyMOS unless specified otherwise. In order to be eligible for refund, the returned Products must not be damaged by misuse, abuse, or disassembly.
8. Exclusions from and Limitation to Warranty
8.2 TinyMOS does not warrant that the operation of the Product will be uninterrupted or error-free. TinyMOS is not responsible for damage arising from failure to follow instructions relating to the Product’s use.
8.3 This warranty does not apply to (a) any damage caused by use of the Product in a manner not in accordance with, the documentation, guidelines or instructions provided by TinyMOS (b) any damage caused by accident, abuse, misuse, flood, fire, earthquake, electrical surges, power failure or other external causes; (c) any damage caused by operating the Product outside the permitted or intended uses described by TinyMOS; (d) any damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of TinyMOS or its authorized representative; (e) any Product or part that has been modified to alter functionality or capability without the written permission of TinyMOS ; (f) any consumable parts; (g) any cosmetic damage, including but not limited to scratches, dents; (h) if any TinyMOS serial number has been removed or defaced or (i) your breach of these Terms of Sale.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR COUNTRY TO COUNTRY. TINYMOS’S RESPONSIBILITY FOR PRODUCT DEFECTS IS LIMITED TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY TINYMOS IN ITS SOLE DISCRETION.
9. Disclaimer of Warranties; Limitation of Liability
9.1 Except as explicitly provided in these Terms of Sale, no representations have been made, and no warranties have been given to you by TinyMOS, its agents or employees, concerning the Product and none shall be implied from this transaction. We do not guarantee, represent or warrant that your use of our service or any TinyMOS Product will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service or the Product will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
9.2 TinyMOS believes its Products work as intended, but you should not use any TinyMOS Product in any situation where health or safety might be at risk. In addition, TinyMOS Products should not be used by underage users unless supervised. TinyMOS disclaims any express or implied warranty of fitness for such usage.
9.3 ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. NO WARRANTY OBLIGATIONS WILL APPLY AFTER THE EXPIRATION OF THE LIMITED WARRANTY PERIOD.
9.4 No TinyMOS reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
9.5 EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, TINYMOS SHALL NOT BE RESPONSIBLE NOR LIABLE FOR ANY LOSS, DAMAGE, OR INJURY (INCLUDING DEATH) TO ANY PARTY, INDIVIDUAL, OR ENTITY NOR BE RESPONSIBLE FOR OTHER CASUALTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION OR ANY OTHER REASON, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED, INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH TINYMOS PRODUCTS AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH INSTANCE, THIS PARAGRAPH WILL BE GIVEN THE GREATEST EFFECT ALLOWABLE BY LAW.
10. Obtaining Warranty Service
Please access and review the help resources referred to in the documentation accompanying this hardware Product and on the Site before requesting warranty service. If the Product is still not functioning properly after making use of these resources, please contact TinyMOS at firstname.lastname@example.org. You must assist in diagnosing issues with your Product and follow TinyMOS’s warranty processes.
10.1 TinyMOS may restrict warranty service outside of United States. TinyMOS may provide warranty service by (i) servicing your Product at one of our repair service locations or (ii) by sending you new or refurbished replacement Product or parts.
10.2 Service options, parts availability, and response times may vary. Service options are subject to change at any time. In accordance with applicable law, TinyMOS may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service. Please refer to www.tinymos.com for more details on this and other matters on obtaining warranty service.
10.3 All shipment of any Products is at your expense, unless TinyMOS otherwise agrees in writing.
10.5 TinyMOS does its best to ensure an uninterrupted and error-free availability of the services. Nevertheless, this cannot be always guaranteed by the nature of internet system, because of technical suspensions or restrictions that may take place, related or not to repairs, maintenance, or new services being carried out. Our company shall do its best to limit the number and the duration of such suspensions or restrictions.
11. Repair Service Location
If we opt to service your Product at one of our service locations, you will be responsible for packaging and shipping your Product to the service location requested. If you no longer have the original packaging, TinyMOS may send you packaging material.
12. Gifts and Prizes
If you have received a Product as a gift from TinyMOS or have won the Product in a contest, organized by TinyMOS, you shall be bound by these Terms of Sale as applicable, excluding those covering Preorders, Price and Payment Terms, Delivery and Returns under Satisfaction Policy.
You agree to indemnify, defend and hold harmless TinyMOS, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Sale or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
14.1 If you have any questions or inquiries regarding these Terms of Sale, please contact TinyMOS Customer Support via e-mail at email@example.com. We cannot guarantee the security of email communications so please do not include credit card information or any other sensitive information in your e-mail correspondence with us.
14.2 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.
14.3 TinyMOS 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. TinyMOS is not responsible for any automatic filtering you or your network provider may apply to email notifications. TinyMOS recommends that you add @tinymos.com URLs to your email address book to help ensure you receive email notifications from TinyMOS.
15.1 Entire Agreement
Unless otherwise expressly stated herein, these Terms of Sale constitute the entire agreement between you and TinyMOS with respect to the any Product you purchase from TinyMOS and supersedes all prior or contemporaneous communications, proposals and agreements, whether electronic, oral or written, between you and TinyMOS. TinyMOS objects to and rejects any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website. TinyMOS’s failure to object elsewhere to any provisions of any subsequent document, communication, or act of you shall not be deemed a waiver of any of the terms hereof. TinyMOS’s obligations hereunder are neither contingent on the delivery of any future functionality or features of any Product nor dependent on any oral or written public comments made by TinyMOS regarding future functionality or features of any Product
15.2 Changes to the Terms of Sale
You can review the most current version of the Terms of Sale at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Sale by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Terms of Sale constitutes acceptance of those changes.
15.3 Applicable Law
To the maximum extent permitted by law, these Terms of Sale and any separate agreements whereby we provide you Products or service shall be governed by the laws of United States, and you hereby consent to the exclusive jurisdiction and venue of courts of United States in all disputes arising out of or relating to the use of this website or TinyMOS’s Products.
15.4 Force Majeure
Neither party shall be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other license); or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
15.5 Actions Permitted
Except for actions for nonpayment or breach of a party’s proprietary rights, no action, regardless of form, arising out of or relating to the Agreement may be brought by either party more than one year after the cause of action has accrued.
15.6 Relationship of the Parties
TinyMOS and you agree that no joint venture, partnership, employment, or agency relationship exists between you and TinyMOS as a result of these Terms of Sale or your use of this website or purchase of any Product.
15.7 Compliance with Laws
TinyMOS will comply with all applicable United States laws with respect to your use of this website and the Products you purchase on the Site.
For consumers, who are covered by consumer protection laws or regulations in their country of purchase, the benefits conferred by TinyMOS’s One Year Limited Warranty are in addition to all rights and remedies conveyed by such consumer protection laws and regulations, including but not limited to the rights described above.
In the event that any provision of these Terms of Sale is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Sale, such determination shall not affect the validity and enforceability of any other remaining provisions.
You will not assign or transfer your rights and obligations under these Terms of Sale, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law, without TinyMOS’s prior written consent. TinyMOS may assign or transfer this agreement to any successors.
You represent and warrant to you have full power and authority to enter into any agreement under these Terms of Sale and that these Terms of Sale are binding upon you and enforceable in accordance with their terms.