CYBORG NEST LIMITED
Terms and Conditions
1. INTERPRETATION AND VARIATION
1.1 In the Terms and Conditions the following definitions apply:
"Company" means Cyborg Nest Limited, (sometimes referred to as “we”)
“Company’s Materials" means the Company’s website materials (including Frequently Asked Questions (FAQs), social media posts, and any of the Company’s publicity or marketing materials that describe or make reference to the Product
"Purchaser” means any person that has completed and submitted the Order Form together with full payment for the Product. (Sometimes referred to as “you”)
“Order Form” means the online form for the purchase of the Product currently offered for sale by the Company
“Product" means the "north sense” implant device as detailed in the Company’s Materials
"Terms and Conditions" means these terms and conditions.
1.2 References in the Terms and Conditions to the singular will include the plural and vice versa and references to the masculine gender will include references to the feminine gender.
1.3 The Terms and Conditions are incorporated into the Order Form.
1.4 The Company reserves the right to vary and revoke the Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of the Company. Any such changes will be notified to Purchasers via the Company’s Materials and, until revoked, are and will be binding on Purchasers.
1.5 The Terms and Conditions will be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.
2. PURCHASING THE PRODUCT
2.1 When a person has completed the Order Form and submitted it together with full payment he will become a Purchaser of the Product. By submitting the Order Form and payment the Purchaser has entered into an agreement with the Company for the purchase of the Product (“the Purchase”)
2.2 If payment for the Product is not made in full by the Purchaser, the Company will not supply the Product and/or (at its election) will supply the Product and the outstanding sum will be owed by the Purchaser to the Company. Company may add to the outstanding sum to be collected the reasonable and necessary costs incurred by Company in employing a third party to collect the outstanding sum. No title in the Product will pass to the Purchaser until payment in full has been made to the Company.
2.3 Subject to any statutory right of cancellation, payments for Products are non-refundable unless otherwise stated in these Terms and Conditions. If a refund is approved at the Company’s discretion an admin fee of £25 will be applied.
2.4 The Product will be despatched from the United States and the purchase price will include local shipping costs, however, any Purchaser purchasing the Product from outside of the United States will be deemed an importer of the Product and will be solely responsible for any other shipping costs, sales taxes, and/or import duties, and for complying with any regulations including custom regulations applicable in respect of the importing the Product. Shortly before despatch of the Product the Company will notify non US Purchasers of a menu of shipping options and their associated costs. The Purchaser agrees to select an option from this menu and pay the relevant costs of the option selected, once payment is received the despatch will be commenced.
2.5 The Company will use all reasonable endeavours to ensure that the Product will be delivered to a time frame set out in the Company’s Materials but it is acknowledged that because the Product is a new product subject to many manufacturing variables, delivery may be delayed to up to 12 months from the date of order and the Purchaser accepts such delay. The Purchaser will be entailed to a full refund (on written request) only after such 12 month period in the event that the Product has still not been despatched.
3. PRODUCT SPECIFICATION
3.1 Details of the Product are provided in the Company’s Materials and may vary from time to time.
3.2 The Company reserves the right to make minor changes to the Product at its discretion.
4. FITNESS AND HEALTH, FITTING OF PRODUCT, NON DISCLOSURE
4.1 The Company does not undertake the fitting of the Product to the Purchaser’s (or to any third party’s) body. This process must be undertaken by suitably qualified third parties. The Purchaser must make all necessary enquiries of the third party they select for any fitting of the Product including with regard to qualification, registration, insurance and general competencies. The Company accepts no responsibility or liability for the actions, inactions, defaults, or omissions of such third parties in connection with the fitting of the Product or otherwise.
4.2 Purchasers are advised to make all necessary medical enquiries as to their suitability for the fitting and use of the Product and to satisfy themselves that their health will not be endangered by the fitting and/or use of the Product. The Company makes no claim or representation as to the suitability and/or safety of the Product for any particular individual.
4.3 Purchasers are required to make use of the Product in accordance with its purpose as set out in Company’s Materials and are not to adapt the Product or seek to use it for other unintended purposes. Only private individuals may order the Product and it is solely for private use and enjoyment. The Purchaser agrees not to use and/or disclose the confidential information and/or intellectual property embodied in the Product (including by way of so-called ‘reverse engineering’) to compete with the Company or assist third parties in competing with the Company.
4.4 The Purchaser confirms that they are not a minor (under 18).
5. LIMITATION OF LIABILITY
5.1 The Company accepts no liability for loss or damage to the Purchaser’s person or property incurred in connection with the purchase and or fitting and/or use of the Product except insofar as such loss, damage or injury is by law incapable of exclusion.
5.2 The Company does not limit its liability for death or personal injury caused by its negligence, but otherwise excludes all liability to Purchasers.
6.1 Purchasers are required to give prompt notice to the Company of any change of delivery address prior to the despatch of the Product.
6.2 A person who is not a party to the Order Process has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Terms and Conditions or the Purchase.
6.3 The Company may, if a Purchaser so wishes, communicate with the Purchaser by email. By providing an email address to the Company, the Purchaser consents to receiving email communications from the Company, including notices pursuant to the Terms and Conditions. The Purchaser also accepts the risk that email may not be a secure and confidential means of communication. The Company will not be liable for any loss or damage suffered as a result of communicating with a Purchaser by email.
6.4 Company’s Materials will at all times remain the property of the Company and will be subject to the Company's copyright. The Company and logo are the sole property of the Company.
Cyborg Nest Suite 105, 372 Old Street, London, EC1V 9LT
Company Number 09755939