Terms and Conditions

Terms of service

This website is operated by Adaptop. Throughout the site, the terms “we”, “us” and “our” refer to Adaptop. Adaptop offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

1. ORDERING AND PAYMENT

Customers intending to purchase one or more products may do so by clicking on the «Buy Now” (or similar) button on the Adaptop website and follow the instructions provided therein. Once an order is placed and to the extent Adaptop confirms the order, Adaptop will send an order confirmation (“Order Confirmation”) along with a copy of the then applicable Terms to Customer’s email address. Adaptop is not bound to sell any product(s) until completion of production of the Product(s), an order confirmation has been issued and payment has been received by us in full. The order confirmation will contain information regarding the ordered quantity, applicable pricing, and the estimated shipment date. You must make payment for the Product in full at the time of submitting your order. Payment is tendered by supplying us with your debit or credit card details from a debit or credit card company honored by us, or by any other payment method we make available on the website. You may place an order (“Order”) by completing the requisite forms on the Adaptop website. 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. When placing your order on the Adaptop website, you agree your order is subject to the then current version of the Terms (subject to change from time to time by us). You are responsible for maintaining compliance with the Terms and any updated versions thereof.

2. DESCRIPTION OF THE PRODUCT

Adaptop strives to provide a complete and accurate description of the products offered. Nevertheless, Adaptop cannot guarantee a full and complete resemblance between the illustration material, such as pictures, videos, and written descriptions, and the actual products. In the event a Product is listed at an incorrect price or with incorrect information due to a typographical error or an error in pricing or product information received from Adaptop’s suppliers, Adaptop shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price. Adaptop shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card has been charged. If your credit/debit card has already been charged for the purchase and your order is cancelled, Adaptop shall immediately issue a credit to your credit/debit card account for the amount of the charge.

Adaptop also reserves the right to change and modify the product specifications, such as weight, form, color, and other physical dimensions during the period leading up to the shipment date. An updated and final product specification will be available at least 14 calendar days prior to the shipment date.

3. CANCELLATION OF ORDERS

You may cancel the order up until the time Shipment Notification has been sent to you from Adaptop. A Shipment Notification is a document notifying you that there will be at least 14 calendar days to shipment date. You will receive Transport Documents once your product(s) have been shipped, including tracking number. Adaptop strives to reimburse Customer’s complete payment for any duly cancelled orders within 6 weeks after such cancellation.

4. PRODUCT PRICE AND TAX

The total purchase price for the Product is displayed during the ordering process. Payments are required to be made in accordance with the payment method chosen by the Customer during the ordering process. All prices are quoted in US Dollars. The purchase price does not include any national, federal, state or local taxes that may be applicable to the Products.

5. SHIPMENT AND DELIVERY

The product is shipped to the Customer in accordance with the shipment option and cost detailed in the ordering process. Once the Product is sent to the carrier, ownership of the Product and the risk of loss pass to Customer. Adaptop may provide single or multiple shipping methods and carriers for Product delivery at its discretion.

The products are manufactured in China. The products are shipped directly from the manufacturing plant via a 3rd party warehouse and freight forwarder/courier to the country and address of destination given to us in the order.

Estimated time for shipping is stated in the order confirmation. Please note the estimated time for shipping is only an estimate and may change. Adaptop will keep you duly informed of any changes affecting the delivery of your products.

Adaptop will make reasonable efforts to meet the scheduled shipment dates, but in no event will we be liable for any loss, damage or penalty resulting from any delay in shipment or delivery, nor will the carrier be deemed our agent. If customer purchases multiple Products, we may fulfill the order in installments and charge customer separately for each installment. We have the right to allocate our available inventory of the products among other purchasers in such manner as we deem appropriate under the circumstances – and at our sole and absolute discretion.

The product must be delivered to the delivery address specified by the customer in the order form. The customer is responsible for ensuring the correct address is registered.

6. LIMITED ONE-YEAR WARRANTY

Adaptop products include a limited 1-year warranty (from original date of delivery) against manufacturing defects. Our sole obligation in the event of such defect during this period is to repair or replace the defective part or product with a comparable part or product. How we replace or repair the product is at our sole and absolute discretion. Any incurred shipping costs as a result of the execution of this warranty are borne by the purchaser.

THIS WARRANTY ONLY APPLIES TO ORDERS PLACED ON OUR WEBSITE (OR OTHERWISE DIRECTLY WITH US) AND ONLY TO THE ORIGINAL PURCHASER.

Some jurisdictions may have applicable minimum requirements with regard to warranty. As such, these shall apply to the fullest extent permitted by applicable law.

7. RETURN OF DEFECTIVE PRODUCT

If there is a defect in the delivered Product, the customer must, within seven (7) calendar days of the shipping delivery date, make a claim. You must contact us at Support@Adaptop.io prior to returning any Product to us under the limited warranty. If your claim is accepted under the limited warranty you agree to carefully pack the Product that you are returning, and return it to us, freight prepaid. The returned Product must be in the original package and free of any defect or damage caused by shipping. If we opt to repair or replace your Product under the Limited One-Year Warranty, we will pay the return costs for ground shipping. If we reasonably determine the Product(s) you returned is not defective we will contact you and will arrange for reshipment to you at your cost. If you decline to pre-pay such shipping and handling costs, we are under no obligation to return such non-defective Product to you. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, ADAPTOP EXCLUDES ITS LIABILITY FOR ANY INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF DATA, LOSS OF USE CAUSED BY ANY DEFECT OR DELAY, EXCEPT FOR DAMAGES CAUSED BY US INTENTIONALLY OR BY GROSS NEGLIGENCE, AND THIS EXCLUSION OF LIABILITY SHALL APPLY WHETHER OR NOT WE HAVE BEEN INFORMED OF SUCH POTENTIAL LOSSES BY YOU.

8. ASSUMPTION OF RISK

You agree to comply with all applicable local, state, and national laws in connection with your use of the product. You understand and agree the product is not made or intended for use in any application or hazardous environment that requires fail-safe performance, where the failure or inaccuracy of the product or its use might result in or cause death, personal injury, collision or environmental damages (“High-Risk Activities”). You agree to take reasonable precautions when using your product.

Adaptop accepts no risk, obligation or liability whatsoever to you or any third party for any of the following (“Disclaimed Activities”) performed or caused, by act or omission, by you or a third party with access to your Product:

  • use of the Product contrary to Adaptop’s published information, specifications, and instructions, including, but not limited to, storage requirements and environmental conditions or ranges for temperature or humidity, leaving the product in direct sunlight for long periods, use of the product for High-Risk Activities, use of the Product in combination with any third party device not provided or recommended by Adaptop, and affixing anything to the product;
  • repairs, modifications or adjustments to the Product made by a party not authorized by Adaptop;
  • damage from any external cause, including, but not limited to, sand, dirt, water, improper usage of any electrical source, or local power surges;
  • any damage to property or persons caused by your product that is not caused by material defect for which Adaptop is held responsible, including your failure to properly operate the functionalities of the product;
  • failure to purchase any insurance required by law to operate the Product in your area;

failure to determine the suitability of the Product for your intended use;

  • failing to make sure any other person who uses the Product also complies with these terms and any other guidance we provide you, whether this guidance is included in writing with the Product or made available on our website;
  • any continued use of the Product after you detect any defect, including erratic responses to user input;
  • any other use of the Product that is reasonably construed as improper

9. LIMITATION OF LIABILITY

SUBJECT TO OUR WARRANTY PROGRAM AS EXPRESSLY PROVIDED IN THE TERMS, THE PRODUCT IS PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE PRODUCT IS AT YOUR OWN RISK. IN NO EVENT WILL ADAPTOP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, USE, PROFITS, DATA, OR GOODWILL) OR COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS OR THE PURCHASE, SALE, USE, OPERATION OR PERFORMANCE OF THE PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WHETHER OR NOT ADAPTOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU AND ADAPTOP HAVE AGREED TO THESE LIMITATIONS AS A BASIS OF THE BARGAIN AND THAT SUCH LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL ADAPTOP’S LIABILITY TO YOU ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, INCLUDING, WITHOUT LIMITATION, INDEMNIFICATION, EXCEED THE ACTUAL AMOUNT PAID TO ADAPTOP BY YOU FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.

Some jurisdictions may not permit certain limitations or exclusions of liability set forth herein. As such, the limitations and exclusions shall apply to the fullest extent permitted by applicable law.

10. FORCE MAJEURE

Adaptop 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 Adaptop being prevented, hindered or delayed in the performance by circumstances beyond Adaptop’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 Adaptop may elect to cancel your order and refund any payments made.

11. INTELLECTUAL PROPERTY RIGHTS

Adaptop shall retain any and all intellectual property rights (including acquiring any and all derivative rights) related to the Products, whether patentable or not and whether registered or not. This includes but is not limited to the construction, methods, concepts, design, source code, software logs, interface design, copyrights, trade secrets, and trademarks.

12. Adaptop’s RIGHT IN THE EVENT OF DEFAULT BY THE CUSTOMER

In the event of Customer breach of any of the Terms, Adaptop may suspend delivery of any Product(s) and may cancel any outstanding order(s) at our sole and absolute discretion. These rights are in addition to any other rights available to Adaptop at law or in equity.

13. GENERAL TERMS

These Terms constitute the entire and exclusive understanding and agreement between you and Adaptop regarding the purchase of a Product, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us regarding such a purchase. The United Nations Convention on the International Sale of Goods is disclaimed.

If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Adaptop’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Adaptop. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.