1.1. The following terms and conditions (hereinafter the “T&C”) are applicable to the sale-purchases of any “Natural Machines” product (hereinafter, the “Product”) in the early access edition between Natural Machines Inc., whose registered office is 925 Forth Avenue, Suite 2900, Seattle, Washington, 98104-1158, United States and with EIN Number 47-3340170 (hereinafter, “Natural Machines”), and the purchaser of the Product (hereinafter, the “Purchaser”).
1.2. The early access sale of Products is directed and intended to final users of the Products and not to resellers. Therefore, resale of the Products by resellers shall not benefit in any manner by the provisions contained herein and Natural Machines shall not be bound in any manner to subsequent purchasers, except where required by law.
1.3. Purchases of the Product(s) by parties who are not consumers shall not be afforded the benefit of certain rights included in these Terms & Conditions. These benefits are only provided to consumers as a consequence of applicable law, as included in the relevant clauses herein below.
1.5. Natural Machines reserves the right to modify the T&C, making available to the Purchaser the updated T&C that are in force at any given time. Such modification shall apply only to Orders made after the modification.
2.1. The Product that Natural Machines offers on the early access edition is only available in the following countries: United States of America, European Union Member States, European Economic Area Member States and People’s Republic of China. If You choose to send your order from locations outside these territories, you do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from Natural Machines.
2.2. Details of the Products available for purchase are set out on the brochure provided by Natural Machines and in the Site. All prices have been displayed inclusive of all taxes. All features, content, specifications, products and prices of Products are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown. We make all reasonable efforts to accurately display the attributes of our Products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. By placing an order, you represent that the products ordered will be used only in a lawful manner.
2.3. All orders for Products are subject to availability and, in the event of supply difficulties or because Products are no longer in stock, Natural Machines reserves the right, prior to the Shipping Confirmation (as defined below) to inform the Purchaser about the lack of availability and to cancel the Order. In that case, Natural Machines will immediately refund any money paid by the Purchaser.
2.4. The early access to Product includes support and training on the use of the Product, including access to recipes and formulas to create recipes, on the following conditions: : 1. Online (through email or skype between 9:00 am and 9:00 pm CET); or 2. In-site support during no more than five (5) days per customer (travel and accommodation expenses and allowances to be borne by customer) and subject to the availability of the relevant staff.
3.1. Any order made by the Purchaser of a Product in the early access edition (hereinafter, the “Order”) shall be processed by Natural Machines when the Purchaser has provided all the information and requirements requested by Natural Machines and has followed the shopping process stated by Natural Machines. The Purchaser acknowledges that it has placed the Order knowing that it implies a payment obligation.
3.2. The information set out in these T&C, in any commercial offer, in any advertising and the details contained on the Site do not constitute an offer for sale. No contract in respect of any Products shall exist between the Purchaser and Natural Machines until the Order has been accepted by Natural Machines.
3.3. After placing the Order, the Purchaser will receive or may have received an e-mail from Natural Machines acknowledging that Natural Machines has received the Order (hereinafter, "Order Confirmation"). Please note that this does not mean that the Order has been accepted, as the Order constitutes the offer of the Purchaser to Natural Machines to buy one or more Products from Natural Machines. All Orders are subject to acceptance by Natural Machines, and Natural Machines will confirm such acceptance to Purchaser by sending him/her an e-mail that confirms that the Product has been dispatched (the "Shipment Confirmation”). The contract for the purchase of a Product between Natural Machines and the Purchaser will only be formed when Natural Machines sends to Purchaser the Shipment Confirmation.
3.4. Although Natural Machines will make its best efforts to always process all the Orders, we may refuse any Order (i) where the Product is not available; (ii) where we cannot get confirmation for your payment, or (iii) if there has been a pricing or Product description error. Likewise, there may be exceptional circumstances, including technical, financial or commercial reasons or constraints, which mean that Natural Machines may need to refuse to process an Order after Natural Machines has sent to Purchaser a Shipment Confirmation, which Natural Machines reserves the right to do at any time.
3.5. In any case, if Natural Machines does not accept or refuses the Order and funds have already paid by the Purchaser, these will be fully refunded with no delay. This shall be the sole and exclusive remedy available for the Purchaser in case of cancelation of an Order.
4.1. Natural Machines shall deliver the Product(s) to the delivery address stated in the Order and, for the purposes of these T&C, the delivery shall be deemed to have taken place at the time possession of the Product(s) passes to the Purchaser or his/her designees at said address (hereinafter, the “Delivery”).
4.2. Subject to the provisions of Clause 2 and 3 above on availability and unless unforeseen or exceptional circumstances, Natural Machines will endeavor to fulfill the Order for Product(s) listed in the Shipment Confirmation by the delivery date set out in the Shipment Confirmation (which shall be before 2017) (the “Delivery Date”). Natural Machines may modify the estimated Delivery Date initially included in the Shipment Confirmation and inform about the new Delivery Date to the Purchaser in the Shipment Confirmation; in any case, the Purchaser shall be entitled to cancel the Order if such modification is not acceptable.
If for some reason Natural Machines is unable to deliver on this date, Natural Machines will inform the Purchaser of this situation and give him/her the option to continue with the purchase with a new Delivery Date or alternatively cancelling the Order and reimbursing him/her with the full amount paid.
4.3. The Purchaser or his/her designees shall receive the Products upon Delivery and sign the corresponding delivery document from the carrier. The Purchaser or his/her designees shall at the time of Delivery inspect the packages and make any pertinent complaint to the carrier in case of missing or visible damage of packages.
5.1. The price of each Product shall be the one quoted from time to time by Natural Machines. Except if otherwise provided for in the ordering process, the price of the purchase is inclusive of all taxes, expenses and costs relating to the packaging, transport, and insurance of the Products until the Delivery.
5.2. Notwithstanding the above, purchases by Purchasers located outside of the United States of America, China and the European Union shall be subject to different taxations, export costs and/or custom charges depending on the delivery of the Product and the relevant regulation and jurisdiction. For this reason, final price of the Product shall be subject to additional costs that may not be quantifiable during the purchase process. You accept and understand that Natural Machines and/or its logistics provider may inform you after the purchase of those additional costs that you accept to pay for the delivery of the Product, including transport, taxes and customs. In those cases, delivery of the Product shall be suspended until full payment of the price, including the above referred additional costs. In addition, in the above cases, the Purchaser is the sole responsible for the fulfillment of any additional requirements stated by the relevant custom authorities and for the effects of the non-fulfillment of any such requirement in respect of the delivery of the Product.
5.3. Whilst Natural Machines takes care to ensure that all prices quoted are accurate, errors may occur. If Natural Machines discovers an error in the price of any Product(s) the Purchaser has ordered, Natural Machines will inform to the Purchaser as soon as possible and give him/her the option of reconfirming the Order at the correct price or cancelling it. If Natural Machines is unable to contact to the Purchaser, the Order will be treated as cancelled and if the Purchaser has already paid for the Product(s), the Purchaser will receive a full refund. Natural Machines is under no obligation to sell the Product(s) to the Purchaser at the incorrect (lower) price (even after Natural Machines has sent to the Purchaser a Shipment Confirmation) if the pricing error is an obvious typographical or arithmetical inaccuracy and could have reasonably been recognized by the Purchaser as such.
5.4. The Purchaser would be only allowed to pay the price, as specifically stated during the ordering process. Purchaser shall provide the details required by Natural Machines to identify the payment. In the event legal action is necessary to collect on balances due, you agree to reimburse Natural Machines and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. The purchase is subject to validation checks and authorizations. In such case, if Natural Machines does not receive the required authorization, Natural Machines will not be liable for any delay or non-delivery and Natural Machines will not be able to form any contract with the Purchaser.
5.5. By submitting the Order and accepting this T&C, the Purchaser agrees to receive invoices electronically from their Purchases. The electronic invoices will be provided in PDF format to the e-mail to the Purchaser. The Purchaser may decide at any time to cancel envoy of the invoice by electronic means by submitting an email to email@example.com.
6.1. The Product will be at the Purchaser risk from the time of Delivery.
6.2. Ownership of the Products will only pass to the Purchaser when Natural Machines receives full payment of all sums due in respect of the Product, including delivery charges. Therefore, the Purchasers reserves title over the Product (reserva de dominio) until the time full and irrevocable payment is received.
7.1 If the Purchaser is contracting as a consumer, statutory Consumer Protection Regulations applicable to the sale-purchase shall regulate the Purchaser’s right to withdraw from the purchase.
7.2 In case EU Consumer Directives or any other EU member state national consumer regulations applies to the sale-purchase, the Purchaser has up to fourteen (14) days after Delivery has taken place to cancel the Order. In such cases:
(i) The Purchaser shall unequivocally notify its decision to Natural Machines at the address stated in section 1.1 above or by email to firstname.lastname@example.org, for which purposes the Purchaser can use the model withdrawal form included as Appendix 1 to this T&C.
(ii) Once the Purchaser has sent its notification on the withdrawal, Natural Machines will send with no delay to Purchaser an acknowledgment to confirm receipt.
(iii) The notification on the withdrawal shall be deemed processed in due time if sent before elapsing of the abovementioned fourteen (14) days.
(iii) In case of withdrawal, the Purchaser will be refunded all payments paid for such Products (including delivery charges – but except for those additional charges resulting from the Purchaser’s choice for a different method of delivery more expensive than our cheapest ordinary method) with no delay and in any case no later than fourteen (14) working days after Natural Machines has been informed about the decision of the Purchaser to withdraw from the purchase. Reimbursement shall be done with no cost to the Purchaser. Notwithstanding the above, Natural Machines shall be entitled to retain of the refunded payments until Natural Machines receives the returned Product(s) or the Purchaser shows proof of return of the Product(s).
(iv) Except where otherwise agreed between the Parties, Natural Machines shall instruct its logistics services provider to pick up the Product(s) at the same address where the Delivery took place, notifying the Purchaser in advance about the time of pick up. The Purchaser will be responsible for returning and delivering the Product(s) with no delay.
(v) The Purchaser will be responsible for the direct costs of returning the Product(s).
(vi) The Purchaser shall be liable for any partial loss of the value of the Product when resulting from an operation different from the one which would be necessary to figure out the nature, characteristics and functioning of the Product.
(vii) The following returns will not be accepted (without limiting any other cases as allowed under applicable regulations):
(a) any cartridges which have been used;
(b) any parts or components of the Product(s) that could have been contaminated while using the Product and cannot be reused or repackaged due to hygiene and sanitary reasons;
(c) Product(s) that have been customized specifically for the Purchaser; or
(d) when any of the services associated to the Product have already been provided.
(viii) Product(s) shall be returned with all its accessories, pieces, documentation and packaging.
7.3. Except where and to the limits not permitted by mandatory law, non-consumer Purchasers shall not benefit from the right of withdrawal contained herein and any purchase of Products are non-returnable and non-refundable.
(a) The warranty or guarantee of the Product and its performance are those provided under the statutory laws applicable to the sale-purchase and depend on each country and jurisdiction.
(b) In case EU Consumer Directives or any other EU member state national consumer regulations applies to the sale-purchase, Natural Machines reminds the Purchaser that the Products are guaranteed to be in conformity with the terms of the contract for the period of two (2) years required by mandatory law from the date they are delivered to the Purchaser, all in accordance with the relevant mandatory legislation.
(c) Notwithstanding the above, the Product´s Warranty Cards may establish additional terms and conditions regarding guarantee of the Product on top of the applicable statutory regulation.
(d) Except where and to the limits not permitted by mandatory law or when otherwise provided in the Product’s Warranty Card, non-consumer Purchasers shall only benefit from the guarantee provisions included in the relevant Product´s Warranty Cards.
8.2. After sales services conditions: Unless otherwise stated in the Product’s Warranty Card, Natural Machines does offer after sales services to cover those cases where Product does not conform to the Contract. The Purchaser should contact Natural Machines (1) through the process available on the Site, or (2) by email at email@example.com, with details of the Product and its error, damage or malfunctioning, where the Purchaser will receive instructions from Natural Machines on how to proceed.
8.3. EXCEPT FOR THE WARRANTIES AND GUARANTEES MADE ABOVE AND ANY STATUTORY WARRANTIES OR GUARANTEES PROVIDED BY APPLICABLE LAW, THE INFORMATION, PRODUCTS AND SERVICES PROVIDED BY NATURAL MACHINES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER NATURAL MACHINES, NOR ANY OF ITS AFFILIATES, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES . THE INFORMATION, MATERIALS AND SERVICES PROVIDED BY NATURAL MACHINES MAY BE OUT OF DATE, AND NEITHER NATURAL MACHINES MAKES NO COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NATURAL MACHINES OR THROUGH THE PRODUCTS, CONTENT AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
9.1. Except where and to the limits not permitted by mandatory law, Natural Machines shall not be liable for (i) loss of earnings, indirect, incidental or loss of goodwill, revenue or anticipated profits, business interruption, loss of use or opportunity, loss of profit or punitive, special or exemplary damages, including such damages incurred or claimed by third parties; even if such damages are foreseeable or natural machines has been advised or has constructive knowledge of the possibility of such damages, (ii) expenditures, investments or commitments made in for any reason or goodwill of the distributor, or cost of procurement of substitute products or services, or (iii) loss, use or corruption of data.
9.2. Natural Machines aggregate liability for any claim of any nature under this agreement or with regards to the Products, under any contract, negligence, strict liability or other legal or equitable theory, shall be limited to the aggregate of the amounts paid to Natural Machines following the sale-purchase of the Products.
10.1. The Purchaser acknowledges and accepts that Natural Machines has the exclusive rights to the Industrial and Intellectual Property rights on the Product.
10.2. These T&C do not amount to any grant of a license whatsoever to the Purchaser for the use of the copyrights, trademarks, logos, business names, domain names or any other intellectual or industrial property right owned by Natural Machines, including without limitation any text, graphics, photographs, moving images, sound or illustrations that may be present on the Site.
11.1. The fact that these T&C agreed by the parties may become void or invalid shall not affect the validity of the rest of the contractual relationship between the parties.
11.2. The parties shall replace in good faith, within acceptable limits, the invalid condition by another with the same technical and economic result as the original, without this giving rise to any substantial or material change in the rest of their contractual relationship.
12.1. These terms and conditions are the entire agreement between you and Natural Machines and supersede any prior understandings or agreements (written or oral).
12.2. Natural Machines reserves the right to withdraw the Product at any time and/or remove or edit any materials or content on the Site. Natural Machines will not be liable to the Purchaser or any other third party by reason of our withdrawing the Product, whether it has been sold or not, removing or editing any materials or contents on the Site or for refusing to process or accept an Order after Natural Machines has sent to Purchaser the Order Confirmation.
13.1. These T&C shall be is governed by, and will be construed under, the laws of the KINGDOM OF SPAIN, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Because some states or jurisdictions do not allow the election of laws and courts to end-consumes, the foregoing disclaimer may not apply to you.
13.2. Any issue or dispute that may arise in relation to the interpretation, performance and implementation of this document shall be expressly subject to the jurisdiction and competence of the courts of the city of Madrid, and the parties expressly waive the right to any other forum which they may have.
14.1. Except where these T&C expressly provide otherwise, any notices and communications that the parties must deliver to each other shall be by e-mail with acknowledgement of receipt, or any other written form which makes it possible to show its receipt by the addressee, sent to the addresses that correspond to each party.
15.1. Neither Natural Machines nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: force majeure, fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
I hereby give notice that I cancel my Foodini Early Access contract ordered on [ ](date) with purchase order number [ ].
Name of consumer(s):
Address of consumer(s):