Table of Contents
Terms & Conditions
Terms and Conditions for the Online Sale of Goods and Services
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (referred to as “Terms“) apply to the purchase and sale of products and services through [www.weatherxm.com] (the “Site“). These Terms are subject to change by [WeatherXM AG] (referred to as “WXM”, “us“, “we“, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
Prices and Payment Terms
(a) All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) WXM accepts Visa, Mastercard and Maestro credit or debit cards. Recognizing the importance of electronic payment security, WXM collaborates with Stripe. Stripe is a VisaNet processor, Level 1 Service Provider as well as an acquirer and an issuer that processes card-not-present (e-commerce) ND and card present transactions (EMV, MSR) via the api.stripe.com endpoint. Stripe is licensed in many jurisdictions (please visit “https://stripe.com/en-gb-gr/legal/spc/licenses”) and manages securely card payment transactions, in accordance with the regulatory framework of the card transaction security management standard. Stripe is certified in accordance with the PCI DSS compliance standards.
Moreover, being part and promoting the web3 ecosystem, WXM collaborates with Coinbase Commerce and accepts specific major cryptocurrencies (namely ApeCoin, Bitcoin, Bitcoin Cash, DAI, Dogecoin, Ethereum, Litecoin, SHIBA INU, Tether and USD Coin – additionally MATIC, USD Coin, and Wrapped Ether (WETH) on Polygon).
If your payment is declined your order cannot be processed and you will see an automatic message on your screen.
You are responsible for any payments due for any products ordered through your account. If we do not receive payment from your credit issuer or its agents, you agree to pay all amounts due to us. You shall also be responsible for any costs of collection of overdue payment.
- MAJOR CRYPTOCURRENCIES
Shipments; Taxes & Customs; Delivery; Title and Risk of Loss
(a) We will arrange the shipment of the products to you. You will pay all shipping charges calculated during the ordering process. We ship worldwide. Our facility services are located in China, Shenzhen.
Our shipping process is described below:
For countries in :
EU (Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden)
We ship from China to our customers, through our central warehouses in EU, USA, Canada, United Kingdom and Australia. The shipping service we are using for these countries provides prepaid custom fees. So the order is delivered to the customer without the obligation of paying custom and import fees.
For all other countries:
We ship directly from China to our customers that are located to countries other than the above. The customer has to pay for custom and import fees in order the package can be released from customs and delivered to the customer.
(b) The prices on our e-shop might be subject to taxes which will be calculated at the checkout.
Orders to 3rd countries might be subject to customs and import duties. If any payment of customs or import duties is requested, you shall take the charge. WXM has no control over these charges and cannot predict what they may be. We recommend that you check with your local customs office for more information.
(c) Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.Claims process:
Returns and Refunds
The following Return Policy only applies to online purchases made through http://www.weatherxm.com
We will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within fourteen (14) days of delivery with valid proof of purchase and provided such products are returned in their original condition.
You are responsible for all shipping and handling charges on returned items [unless otherwise specified]. You bear the risk of loss during shipment.
Refunds are processed within approximately seven (7) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site.
Before scheduling a return, please email us at [email protected] to give you return instructions.
We’re sorry, your original shipping fees and return shipping fees are not refundable.For defective returns, please refer to the manufacturer’s warranty available at : https://shop.m5stack.com/policies/terms-of-service
Policy about refunds during the process of shipment of your order:
a) If you request a refund before your order is shipped from our warehouse, then we can cancel your order and proceed to the refund.
b) After your order is shipped, the request for refund depends on country and status of shipment. Please note that the following return policy applies:
For countries in :
- EU (Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden)
- United Kingdom
When your order is delivered to you by our shipping provider, you can decline to receive your order and it will then be returned to our warehouse. Once we receive your order we proceed with the refund to your account.
For all other countries:
In case you want to decline the delivery of your order, you need first to complete the process of custom clearance following the instructions that you will receive by your local customs. After this process is completed, you can return the item to our warehouse in China. In case you don’t follow the custom clearance process, then we cannot proceed with the refund as your parcel will be stuck in your customs. Please note, before proceeding to the return of your order, you should always contact our customer support for further instructions at: [email protected]
Manufacturer’s Warranty and Disclaimers
We do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Site. [However, the products and services offered on our Site are covered by the manufacturer’s warranty as detailed in the product’s description on our Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.]
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE], ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
Goods Not for Resale or Export
You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Governing Law and Jurisdiction
This Site is operated from Switzerland. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of Switzerland without giving effect to any choice or conflict of law provision or rule.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.