1. SCOPE​

These MOD Products & Services - General Terms of Sale ("Terms of Sale") are offered to you by Machines of Destiny & Hiroshima Limited. ("Machines of Destiny", “MOD”, "we" or "us") and govern all offers, sales and purchases of any products offered by MOD (collectively to be referred to as "Products") through the MOD Online Store at www.machinesofdestiny.net ("MOD Online Store"). Please read these Terms of Sale carefully. By making an offer to purchase any Product, you accept and agree to these Terms of Sale and any amendments to these Terms of Sale from time to time. If you do not accept and agree to the Terms of Sale, you should immediately cancel any offer to purchase the Products. Nothing in these Terms of Sale shall prejudice or limit rights granted by applicable mandatory laws. The General Terms of Use set out in www.machinesofdesiny.net/legal/terms-of-use ("ToU") are incorporated herein by this reference and collectively, these Terms of Sale and the ToU constitute the entire agreement between MOD and you in relation to the purchase of the Products. In the event of any inconsistency between the ToU and the Terms of Sale, the Terms of Sale shall prevail. Capitalized terms not otherwise defined herein shall bear the meaning assigned to them in the Main ToU.

 

2. PURCHASE OF PRODUCTS
Purchase of Products through the MOD Store Online shall be subject to the following terms and conditions:

A. YOUR COMPLIANCE
You agree to comply fully with all directions, instructions and/or any other terms issued by us from time to time in relation to your purchase of Products through the MOD Store Online.

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B. PRODUCT AND SUPPORT DESCRIPTIONS
We attempt to be as accurate as possible in the descriptions of our Products and support services. However, we do not warrant that any Product and/or support descriptions or other content on the MOD Online Store is accurate, complete, reliable, current, or error-free. If you purchase a Product through the MOD Online Store and you believe it is not as described on the MOD Online Store, or you believe you have not received support for your Product as provided in the Limited Warranty, your sole remedy is to return the Product in accordance with our Return Policy.

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C. PLACING AN ORDER
You may place an order ("Order") by completing the requisite forms on the MOD Online Store. We will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order. All Orders are final, non-cancellable and non-refundable, except as expressly provided in our Return Policy.

Any prices and descriptions on the MOD Online Store are subject to availability, do not constitute an offer to purchase a Product and may be revised by us at any time. Accordingly, all Orders shall be subject to our acceptance and each Order is accepted by us when we accept your payment and dispatch your Order (such acceptance to be referred to as "Acceptance"). Prior to the Acceptance, we shall not be party to any legally binding agreements or promises made between you and us for the sale or other dealings with the Product(s) and accordingly, we shall not be liable for any loss, liability or damage which may be incurred as a result. You acknowledge and agree that any automatic email acknowledgement of your Order does not constitute an Acceptance of your Order. For the avoidance of doubt, we reserve the right to: (i) decline to process or accept any Order received from or through the MOD Online Store at our absolute discretion; and (ii) prohibit the re-sale of certain Products that are identified as "not for resale" at the time you place an Order.

We may keep records of all Orders, Acceptances and any other related documentation for a reasonable period after Acceptance.

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D. CANCELLATION OF ORDERS
We will cancel your Order if: (i) we are unable to accept your Order within a reasonable time from your date of Order (with the exception of pre-orders); (ii) payment for your Order is incomplete. If we cancel your Order, we will refund any prior payment that you have made for that Product.

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E. LIMITED WARRANTY
For information about the Limited Warranty for Products, please visit this link.

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F. RETURN POLICY
For information about the Return Policy for Products, please visit this link.

You acknowledge and agree that in the event you qualify for a refund of the purchase price of any Products, such refund shall not include any cross border fees that credit card companies may charge for the processing of any payment ("Cross Border Fees"). Such Cross Border Fees shall be borne by you.

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3. PRICE AND TERMS OF PAYMENT
You acknowledge and agree that in the event there is any price discrepancy for the Products, the authoritative price is the price notified to you on our Acceptance.

We reserve the right, at any time before our Acceptance, to notify you of: (i) any revision in the prices of the Products to factor in any changes to the cost of the Products. Such changes include without limitation changes to the tax rate or levy and any variation in the applicable exchange rates; and/or (ii) any changes to the description of the Products. If you choose to continue with the fulfilment of your Order, you acknowledge and agree that the Product will be sold to you in accordance with such revised price and/or description.

The countries in which we can deliver the Products are set out in the MOD Online Store. We reserve the right to amend this list of countries at any time and shall not be liable to you for any such amendment to the list of countries or the imposition of any new condition in relation to any country.

Unless stated otherwise, all prices of the Products set out on the MOD Online Store shall be exclusive of: (i) any shipping cost (unless you qualify for free shipping based on the terms set out on the MOD Online Store); (ii) any sales tax or duty, customs charge (including but not limited to customs charges), import duty and tax (where applicable); and (iii) Cross Border Fees (collectively, the "Additional Cost"). Such Additional Cost shall be borne by you.

Payment in full must be made before our Acceptance using the payment methods as provided for on the MOD Online Store. We will charge credit and debit cards before dispatch of the Products or the commencement of any services.

You may not deduct from any payment by way of counterclaim or set-off without our prior written consent. We shall not be liable for any billing errors unless you advise us of such billing error within fourteen (14) working days from the date of Acceptance. In the event such billing error is attributable solely to us, we will cancel your Order and/or refund any prior payment that you have made for that Product. We will also allow a re-order of that Product.

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4. DELIVERY, RISK AND LIABILITY
Any delivery time lines stated on the MOD Online Store or in any other acknowledgements are for indicative purposes only. We will endeavor to keep within such time lines but we shall not be liable to you in respect of any delay.

Subject to our Acceptance, we will deliver the Products to the address submitted by you. If you change your address after submitting an Order, we reserve the right to charge you for any additional cost incurred by us as a result of such change. We also reserve the right to cancel your Order if: (i) the address submitted by you is that of a freight forwarder or a forwarding agent; (ii) you place an unusually large Order; or (iii) there is a high volume (beyond the usual amounts) of Products sent to the shipping address specified by you.

Notwithstanding anything to the contrary, the risk of loss or damage to Products passes to you on the earlier of: (i) delivery; or (ii) when placed in your possession or that of any carrier provided by you.

You are not entitled to, in whole or in part, reject any Products or fail to take delivery of any Products unless: (i) it is expressly provided for in these Terms of Sale, any applicable Returns Policy or any applicable law that cannot be excluded or limited; (ii) the Products are damaged or lost in transit (where the Products are carried by our own carrier) and provided you notify us within the time lines stipulated in our Returns Policy (if damaged) or within fourteen (14) working days of the estimated date of delivery (if lost); or (iii) there are defects in the Products that are not caused by your actions, omissions, neglect or default and provided you notify us within the time lines stipulated in our Returns Policy.

Save as set out above, if you reject or fail to take delivery of such Products, any risk of loss or damage to the Products shall nonetheless pass to you. Further, without prejudice to any other rights or remedies available to us, we reserve the right to: (i) effect delivery by any means we consider appropriate (at your cost); and/or (ii) charge you for any costs incurred as a result of your rejection or failure to take delivery, including without limitation any storage cost.

In the event of: (i) any short delivery; (ii) failure to deliver; or (iii) any defect or damage to a Product, we may, in our sole discretion: (a) deliver the Products pursuant to any short delivery or failure to deliver; (b) replace or repair the Products in accordance with our Limited Warranty and/or Returns Policy; and/or (c) refund the price paid for any damaged or defective Product.

Without prejudice to our Limited Warranty and/or Returns Policy, we shall not be liable for damages or losses arising from: (i) any use that is inconsistent with our specifications or instructions; (ii) use of the Products with other defective or unsuitable equipment or software; or (iii) your negligence.

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5. SOFTWARE
All software (including pre-loaded software contained in hardware) is provided subject to such software's end user license agreement. You agree that you shall be bound to such end user license agreement.

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6. LIMITATION OF LIABILITY
IN NO EVENT SHALL MOD, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SALE, EVEN IF MOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MOD’S AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) EXCEED THE AMOUNT PAID BY YOU FOR A PRODUCT THAT IS MOST CLOSELY RELATED TO YOUR DAMAGES. The foregoing limitations will apply even if any warranty or remedy provided under this Agreement fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or other limitations set forth above, so the above limitations or exclusions may not apply to you.

Without prejudice to the foregoing and to the fullest extent permitted by law, we shall have no liability to you if the Products infringe or are alleged to infringe any rights (including intellectual property rights) of any third party.

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7. LICENSES & EXPORT LAWS
You are responsible for obtaining (at your own expense) any license or consent from any government authority (or any other authority) that is required for the purchase, transport or use of the Products. You agree to provide evidence of such license or consent upon our request.

You agree to comply with any export control laws or regulations that are applicable to the purchase, transport or use of the Products.

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8. YOUR REPRESENTATIONS
You shall maintain and promptly update your account information that is stored with us and shall secure such information (including but not limited to your username and password) against any unauthorized access.

You represent to us that all information provided by you when placing your Order is up to date and is sufficient for us to process your Order.

You shall not assume any warranty, commitment or obligation on our behalf without our express prior written consent.

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9. PERSONAL INFORMATION AND PRIVACY POLICY
When you make an offer to purchase a Product, we will collect or receive your Personal Information or Non-Identifying Information (as those terms are defined in our Privacy Policy, available at www.machinesofdestiny.net/legal/privacy-policy ). Personal Information and Non-Identifying Information are treated in accordance with our Privacy Policy. By making an offer to purchase a Product, you accept and consent to our Privacy Policy, which we may update from time to time.

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10. MISCELLANEOUS

A. GOVERNING LAW
You agree that the laws of Hong Kong, without regard to principles of conflict of laws, shall govern both these Terms of Sale and any dispute that might arise between you and Razer in relation to your use of the MOD Store Online and these Terms of Sales.

 

B. DISPUTES
You also agree that any disputes shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English. To the fullest extent permitted by applicable law, no arbitration under these Terms of Sale shall be joined to an arbitration involving any other party subject to these Terms of Sale, whether through class arbitration proceedings or otherwise.

If you are a consumer based in the European Union, the preceding paragraph on arbitration does not apply, and you may make a claim in a competent court in the country in which you reside.

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C. FORCE MAJEURE
MOD shall not be liable to you, nor held in breach of contract, for any loss or damage which may be suffered as a direct or indirect result of MOD being prevented, hindered or delayed in the performance by circumstances beyond MOD’s reasonable control including (but not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labor disturbance, breakdown of plant or machinery, interruption in the supply of power or materials and in such event MOD may elect to cancel your order and refund any payments made.

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D. ENTIRE AGREEMENT
You acknowledge that these Terms of Sale supersede and cancel all previous contracts or agreements whether oral or written, express or implied, between MOD and you with regards to your ability to purchase goods or services from the MOD Store Online. These Terms of Sale prevail over any other terms or conditions contained in or referred to other agreements between the parties or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted.

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E. TRANSLATION
These Terms of Sale may be translated into any other language. However, in the event of any inconsistency between the English language version and any translated versions, this English version will at all times prevail and take precedence.