Welcome to the online store (the “Store”) provided by Amaryllo Inc. and its subsidiaries and affiliates (“Amaryllo”, “we” or “us”). Your purchase of Amaryllo hardware products (“Products”) from the Store constitutes your agreement to be bound by these terms and conditions of sale (“Terms & Conditions”) and the terms of the Limited Warranty posted on www.amaryllo.eu and www.amaryllo.us. We reserve the right to change these Terms & Conditions and the terms of the Limited Warranty at any time, so please review the Terms & Conditions and the terms of the Limited Warranty each time prior to making a purchase from the Store. Every time you order Products from Amaryllo, the Terms & Conditions and the terms of the Limited Warranty in force at that time will apply between you and Amaryllo. If you have any questions regarding these Terms & Conditions, you can contact Amaryllo at firstname.lastname@example.org.
The Store is for retail sales to private consumers only. Please contact email@example.com if you wish to purchase wholesale supplies.
THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FOR AMARYLLO PRODUCTS, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS & CONDITIONS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS & CONDITIONS. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO PURCHASE AND USE PRODUCTS AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS & CONDITIONS, YOU SHOULD NOT PURCHASE THE PRODUCTS.
Although the Store is accessible worldwide, the Products offered on the Store are not designed and tested for use in all countries. If you choose to access the Store and/or use the Products outside the Netherlands (the “Target Country”), as applicable, 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 Store is not designed for use in a non-Target Country and some or all of the features of the Store may not work or be appropriate for use in such a country. To the extent permissible by law, Amaryllo accepts no responsibility or liability for any damage or loss caused by your access or use of the Store in a non-Target Country.
1. Regulatory Compliance
Amaryllo Inc. (hereinafter referred to as "Amaryllo") complies with laws and regulations of all countries and regions where Amaryllo does business. We are committed to providing customers with high-quality products that are in compliance with regulatory laws, standards, and requirements. Amaryllo follows applicable laws, directives, standards and industry regulations. Each product is marked accordingly and are in compliance with, but not limited to, regulations pertaining to some of the following countries: United States, European Union, Australia, New Zealand, Mexico, Japan, Taiwan, and Korea.
You acknowledge that you have verified the compatibility of the Products you are purchasing with other equipment in your home (e.g., ensuring that your lighting fixtures are compatible with the Amaryllo iCamPRO Deluxe, AR2, AR2S, and Zeus). You are solely responsible for determining the compatibility of the Products with other equipment in your home, and you accept that lack of compatibility is not a valid claim under the warranty provided with your Products and does not otherwise constitute a basis for receiving a refund.
3. Reservations and Pre-Orders
Products available for reservation and pre-order are not offered for sale by Amaryllo. Your placement of a reservation and pre-order does not create a contract for sale.
By placing a reservation and pre-order for a Product that is not yet available for sale, you make an offer to Amaryllo to purchase the Product subject to these Terms & Conditions. Amaryllo will obtain an authorization from your bank or credit card company and capture payment of the purchase price on the payment card you provided as a deposit for the reserved Products.
You may cancel your offer to purchase Products at any time prior to shipment and we will refund the deposit for the reserved Products. Amaryllo reserves the right to deduct applicable fees in processing the cancellation of your offer.
Amaryllo reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed, and we will refund the deposit for the reserved Products. We may attempt to contact you if all or a portion of your order is canceled, or if additional information is needed to complete and accept your order.
4. Availability and Pricing
All Products offered on the Store are subject to availability. Prices for the Products are subject to change without notice at any time but changes will not affect any order you have already placed.
5. Sales Tax
Prices for the Products do not include relevant taxes and you shall be responsible for the payment of applicable sales tax and import duties in your jurisdiction.
6. Resale and Title Transfer
Purchases made on the Store are intended for end-users only and are not authorized for resale. Title for Products purchased from the Store passes to the purchaser at the time of delivery by Amaryllo to the freight carrier, but Amaryllo and/or the freight carrier will be responsible for any Product loss or damage that occurs when the Product is in transit to you.
7. Shipping and Delivery
Unless otherwise indicated by Amaryllo, prices for the Products do not include shipping costs. Our delivery charges are as quoted on the Store website from time to time or as confirmed by Amaryllo by email. The estimated arrival or delivery date is not a guaranteed delivery date for your order.
The Products available on the Store have been designed, marketed and sold for use by residents of the Target Country. All safety warnings, information, instructions, packaging, in-box materials, mobile apps, and support services are provided only in English. The Products available on the Store are not intended for use outside of the Target Country. 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.
There may be laws in the jurisdiction that you install a particular Product applicable to where and how to install that Product. You should check that you are in compliance with all relevant laws in your jurisdiction. Amaryllo is not responsible for any injury or damage caused by self-installation. In addition, Amaryllo is not responsible for any conduct of or liability associated with any third-party installers. You should do your own diligence of the installers to select one that best fits your needs.
9. Returns for Refund
All sales are final and the Products can only be returned if it fails to conform to Amaryllo's Limited Warranty during the Warranty Period.
10. Disputes and Arbitration
(a) Contact Amaryllo First. If a dispute arises between you and Amaryllo, our goal is to learn about and address your concerns. You agree that you will notify Amaryllo about any dispute you have with Amaryllo regarding these Terms & Conditions by contacting Amaryllo at firstname.lastname@example.org.
(b) Binding Arbitration. You and Amaryllo agree, subject to clause 9(g) (Protection of Confidentiality and Intellectual Property Rights), to submit any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms & Conditions or your use of the Products to binding arbitration rather than by filing any lawsuit in any forum other than set forth in this section. Further, you agree arbitration is final and binding and subject to only very limited review by a court. You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, insofar as such waiver may be validly made. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your use of the Products. Subject to clause 9(g) (Protection of Confidentiality and Intellectual Property Rights), any dispute or claim made by you against us or us against you arising out of or relating to these Terms & Conditions or your use of the Products (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that you may take claims to the small claims tribunal in Hong Kong if they qualify for hearing by such a tribunal.
(c) Arbitration Procedures. You must first present any claim or dispute to Amaryllo by contacting Amaryllo at email@example.com to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 90 days after presenting the claim or dispute to Amaryllo. Amaryllo may request arbitration against you at any time after it has notified you of a claim or dispute in accordance with section 14 (Notifications). The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable Hong Kong International Arbitration Centre Administered Arbitration Rules (the “Arbitration Rules”). The place of any arbitration will be Hong Kong and will be conducted in the English language. Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what these Terms & Conditions provide, order consolidation or arbitration on a class wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party's actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential, and neither you nor Amaryllo nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration section is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
(d) No Class Actions. There shall be no right or authority for any claims subject to this arbitration section to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).
(e) Fees and Expenses. All administrative fees and expenses of arbitration will be divided equally between you and Amaryllo. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.
(f) YOU MUST CONTACT AMARYLLO WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
(g) Protection of Confidentiality and Intellectual Property Rights. Notwithstanding the foregoing, Amaryllo may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
(h)This arbitration section shall survive termination of these Terms & Conditions.
11. Warranties and Disclaimers
As far as permitted by applicable law, the Store, and all content available on the Store, is provided on an “as is” basis without warranties or conditions of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. All products and services purchased through the Store are provided on an “as is” basis unless otherwise noted in Amaryllo's Limited Warranty posted on www.amaryllo.eu and www.amaryllo.us. You may choose whether to make a claim under these Terms & Conditions or Amaryllo's Limited Warranty or both, but you may not recover twice in respect of the same loss. To initiate a return under Amaryllo's Limited Warranty, you should contact Amaryllo at firstname.lastname@example.org.
You use a Product at your own discretion and risk. You will be solely responsible for (and Amaryllo disclaims) any and all loss, liability or damages resulting from your use of a Product, including damage or loss to your wiring, fixtures, electricity, lighting system, home, Product, other peripherals connected to the Product, computer, mobile device, and all other items and pets in your home.
Amaryllo gives no warranty regarding the life of the batteries used in a Product. Actual battery life may vary depending on a number of factors, including the configuration and usage of a Product.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) AMARYLLO BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS OR BENEFITS, ARISING FROM OR RELATING TO THE PRODUCTS, EVEN IF AMARYLLO KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) AMARYLLO’S 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 AMARYLLO OR AMARYLLO’S 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. AMARYLLO DISCLAIMS ALL LIABILITIES OF ANY KIND OF AMARYLLO’S LICENSORS AND SUPPLIERS.
13. Data Protection
14. Electronic Communications
You are communicating with Amaryllo electronically when you use the Store or send email to Amaryllo. 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. When you order in the Store, we collect and store your email address. From that point forward, your email address is used to send you information about Amaryllo's products and services unless you opt-out of such emails using the opt-out link in the emails.
Amaryllo may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Amaryllo account, hard copy, or posting of such notice on the Amaryllo website. Amaryllo is not responsible for any automatic filtering you or your network provider may apply to email notifications. Amaryllo recommends that you add @amaryllo.us URLs to your email address book to help ensure you receive email notifications from Amaryllo.
16. Force Majeure
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.
If any part of one or more of these Terms & Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will to that extend be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms & Conditions will remain in full force and effect.
Failure or delay by us to enforce any these Terms & Conditions will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
19. Governing Law and Jurisdiction
These Terms & Conditions are governed by the laws of the United States without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the courts of the United States for the purpose of litigating all such claims or disputes unless such claim or dispute is required to be arbitrated as set forth in an above section.