Terms of Sales

Thank you for purchasing Velia smart ring from Senbiosys SA. Please review the following Terms of Sale carefully before completing your purchase. By placing an order, you agree to be bound by these terms, as well as any other applicable policies and regulations. These terms are legally binding between you (the “Buyer”) and [Company Name] (the “Seller”).

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1. Pre-Sale Notice

• Pre-Sale Product: The wearable device is currently available for pre-sale. Due to the nature of pre-sale products, estimated shipping dates are not guaranteed, and production or logistical delays may occur. The Seller will make reasonable efforts to keep the Buyer informed of any significant changes.
• Non-Cancellation Policy: Once an order is placed during the pre-sale period, the order cannot be canceled or refunded due to changes in delivery schedules unless otherwise specified by applicable consumer protection laws.
• Acknowledgement of Risk: By placing a pre-sale order, the Buyer acknowledges that they have read and understood the potential risks of delays and accepts these risks.

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2. Delivery Terms (Incoterms DAP – Delivered at Place)

• Seller’s Responsibility: The Seller is responsible for delivering the product to the agreed-upon destination, covering transportation costs up to the point of delivery.
• Buyer’s Responsibility: The Buyer assumes responsibility for all import duties, taxes, and customs clearance fees required in the destination country. Failure to pay these costs or to clear customs may result in the product being returned or destroyed, in which case no refund will be provided.
• Risk Transfer: Risk of loss or damage to the goods transfers to the Buyer when the goods are made available for unloading at the agreed destination, even if the Buyer or their agent is not present to receive the delivery.
• Title Transfer: Ownership of the goods passes to the Buyer upon full payment of the purchase price, irrespective of delivery or risk transfer.

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3. Return and Refund Policy

• No Returns: Products are sold on a no-return basis unless they are defective or shipped with incorrect specifications.
• Defective Products: If the product is found to be defective upon delivery or does not match the specifications agreed at the time of purchase, the Buyer may request a replacement or refund. Any claims must be submitted in writing within 7 days of receipt of the product, accompanied by evidence of the defect (e.g., photos, videos).
• Inspection Upon Delivery: The Buyer must inspect the product upon delivery. If there is visible damage or non-conformance, the Buyer must note this with the carrier and notify the Seller immediately. Failure to do so may result in loss of rights to return or claim against the Seller.

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4. Limited Liability

• Maximum Liability: The Seller’s total liability for any and all claims arising from the sale of the product, whether in contract, tort, or any other legal theory, shall be strictly limited to the value of the product purchased.
• Exclusion of Indirect Damages: Under no circumstances will the Seller be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of data, profits, revenue, or business, even if the possibility of such damages was foreseeable.
• Force Majeure: The Seller will not be held liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including but not limited to natural disasters, strikes, transportation disruptions, acts of war, government actions, or pandemics.

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5. Intellectual Property Rights

• Ownership: All intellectual property rights in the product, packaging, and any accompanying materials, including trademarks, designs, and copyrights, remain the exclusive property of the Seller or its licensors. No rights are transferred to the Buyer by virtue of this sale.
• Usage: The Buyer agrees not to copy, modify, or reverse-engineer the product or its components without prior written consent from the Seller.

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6. Modifications to Terms

• Unilateral Modification: The Seller reserves the right to modify these Terms of Sale at any time, without prior notice. The updated terms will be posted on this page and will take effect upon posting. It is the Buyer’s responsibility to review the terms periodically.
• Binding Nature of Changes: Continued use of the Seller’s website and services after any modifications constitutes the Buyer’s acceptance of the revised terms.

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7. Governing Law and Dispute Resolution

• Applicable Law: These Terms of Sale shall be governed by and construed in accordance with the laws of Switzerland without regard to its conflict of laws provisions.
• Jurisdiction: Any disputes arising from these Terms of Sale or the purchase of the product shall be submitted to the exclusive jurisdiction of the courts in Neuchâtel.
• Alternative Dispute Resolution: Before initiating legal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiations or, if applicable, through mediation or arbitration as an alternative to court litigation.

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8. Severability

‍If any provision of these Terms of Sale is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be deemed severed from the remaining terms, which shall remain in full force and effect.9. Entire AgreementThese Terms of Sale, along with any other applicable policies or documents referred to herein, represent the entire agreement between the Seller and the Buyer concerning the sale of the product. Any prior agreements, communications, or representations, whether written or oral, are superseded by these terms.10. Contact InformationIf you have any questions or concerns regarding these Terms of Sale, please contact us at:

• Email: legal@senbiosys.com
• Phone: +41 78 818 25 88‍
• Address: Rue de la Pierre-à-Mazel 39, Neuchâtel, 2000, Switzerland