cancellation & refund policy
Last updated: September 20, 2023
Terms & Conditions
Surface C1 — Pre-Order Terms and Conditions
IMPORTANT - PLEASE READ CAREFULLY: THESE TERMS AND CONDITIONS (THE “TERMS”) CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND SURFACE MOTO PRIVATE LIMITED, AN INDIAN PRIVATE LIMITED COMPANY (“SURFACE MOTO”, “US,” “OUR” OR “WE”), AND APPLIES TO YOUR PRE-ORDER FOR THE SURFACE C1 (THE “C1”). IF YOU DO NOT ACCEPT ANY OF THESE TERMS, PLEASE DO NOT MAKE A PRE-RODER FOR THE C1.
By pre-ordering the Surface C1 and paying the deposit of ₹1500 (the “Deposit”), you hereby agree to these Terms in their entirety. By agreeing to these Terms, you confirm that you are at least 18 years of age, or otherwise have the consent of a parent or legal guardian to agree to the Terms.
WE RESERVE THE RIGHT TO MODIFY THESE TERMS AT ANY TIME, AND EACH SUCH MODIFICATION SHALL BE EFFECTIVE UPON POSTING ON OUR WEBSITE. ALL MATERIAL MODIFICATIONS WILL APPLY PROSPECTIVELY ONLY. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO CANCEL THE RESERVATION AND WILL BE ELIGIBLE TO RECEIVE A FULL REFUND OF THE DEPOSIT.
Pre-Order Process and Changes
By pre-ordering the Surface C1 and providing the Deposit, you agree to provide full payment of the purchase price and take delivery of the Surface C1 once Surface Moto notifies you that it has been built and is ready to be delivered to you. Your Deposit will place you in line for receiving the C1 at a time to be determined by Surface Moto in its sole discretion. The features, specifications, design and/or configuration of the C1 may change prior to production. You can cancel your pre-order at any time prior to completing your purchase and seek a refund of the Deposit by providing a cancellation notice to Surface Moto, and we will use reasonable efforts to refund the Deposit in a timely manner.
Once the C1 that you reserved has been built and is ready to be delivered, we will reach out to you by sending an email to the email address that you provided requesting payment of the purchase price. Once payment of the purchase price is received by Surface Moto, the C1 will be delivered to you, subject to our standard terms and conditions of sale. If we do not receive your payment in full within a reasonable period of time, we may extend a purchase invitation to the next person on the pre-order list. If you are unable to pay the full purchase price or if you otherwise cancel your reservation, you will be entitled to a full refund of your Deposit, but you will not be entitled to receive a Surface C1.
We will aim to serve you based on your pre-order date, but we reserve the right to re-sequence pre-orders based on available production details at the time.
In summary, by providing your Deposit at the time of your pre-order, you understand that Surface Moto may not have completed the development of the C1, finalized the design of the C1 or begun manufacturing the C1. We do not guarantee if or when the C1 will actually be manufactured or delivered. Your delivery date is dependent on many factors, including the C1’s configuration and our manufacturing availability. You also understand that you will not receive the C1 unless and until you provide full payment of the purchase price.
Payments
Payments may be declined or returned to you, in Surface Moto’s sole discretion, for any reason or no reason at all. If we accept your Deposit for a C1, your account, credit card, or other payment mechanism will be charged for the Deposit upon approval by Surface Moto regardless of when the product is expected to ship. Any applicable taxes will be collected on reservations where such taxes are required to be collected.
No Resale and Our Cancellation Rights.
Surface Moto and our affiliates and distributors sell Surface Moto products directly to end-consumers, and we may unilaterally cancel any reservation that we believe has been made with a view toward resale of the C1 or that has otherwise been made in bad faith. We may also unilaterally cancel your reservation and refund your Deposit if we discontinue the C1 or any of its features or options after the time you place your reservation or if we determine that you are acting in bad faith.
Warranty
We offer warranties on our products. Unless otherwise communicated to you in writing by us, the C1 will be sold to you subject to our standard product warranty applicable to this product and will be communicated at the time of your full purchase.
Liability and Limitation of Remedies
IN NO EVENT SHALL SURFACE MOTO OR ANY OF ITS AFFILIATES, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “AFFILIATES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
YOU AGREE AND UNDERSTAND THAT YOUR SOLE AND EXCLUSIVE REMEDY, AND SURFACE MOTO’S SOLE AND EXCLUSIVE LIABILITY, FOR ANY AND ALL CLAIMS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS WILL BE LIMITED TO THE REFUND OF YOUR DEPOSIT.
Dispute Resolution and Class Action Waiver
Governing Law. The parties acknowledge and agree that these Terms shall in all respects be interpreted, enforced and governed by the laws of the State of Delhi applicable to instruments, persons and transactions which have legal contacts and relationships solely with the State of Delhi and the laws of India. In the event of any legal disputes, claims, or differences between the parties, only the courts, tribunals, and authorities located in Delhi will have jurisdiction over the matter. The jurisdiction of any other courts is specifically excluded.
Notices and Communications
Surface Moto will provide any notices (including legal process) that it may be required to give you by any lawful method, including by making notices available through our website or by sending notices to any email address that you provide to Surface Moto. Surface Moto will also communicate with you about your reservation and send you updates, surveys and other information about Surface Moto products via the email address that you provide. If you’d prefer not to receive certain emails from Surface Moto click the unsubscribe link in an email and unsubscribe.
Please note that if you do not (i) provide Surface Moto with current and accurate contact information and/or (ii) subsequently provide any updated contact information to Surface Moto, we may not be able to contact you about your reservation.
You agree to send all notices under these Terms to Surface Moto by emailing to support@surfacemoto.com.
Your Privacy
At Surface Moto we respect the privacy of our customers. For details please see our Privacy Policy. By using this website and/or reserving a C1, you consent to our collection and use of your personal data as outlined therein.
Miscellaneous
Assignment. Nothing in these Terms may be assigned by you without the prior written consent of Surface Moto. These Terms shall bind and inure to the benefit of Surface Moto’s assigns and successors, including, without limitation, any entity with which or into which Surface Moto shall merge or consolidate.
Sever-ability. In the event one or more of the terms of this Agreement are adjudicated invalid, illegal, or unenforceable, the adjudicating body may either interpret these Terms as if such terms had not been included, or may reform such terms to the limited extent necessary to make them valid, legal or enforceable, consistent with the economic and legal incentives underlying the Terms.
Questions? Concerns? Suggestions? Please contact us at support@surfacemoto.com to report any violations of these Terms or if you have any questions regarding these Terms.