Oculus Store Terms
Date of Last Revision: February 19 2022
These TransTechnology Terms (“Store Terms” or “Terms“) apply to any offer, order, purchase or download that is made, placed or accessed through the TransTechnology websites. By placing an order for, downloading, or making a purchase of products, applications, or content offered through the Store (the “Products“), test you agree to be bound by these Store Terms. Please make sure you have read and understood these Store Terms before placing your order or pre-order or making a download or purchase. You may print a copy of these Store Terms for future reference. You must not use the Store or Products and may not accept these Store Terms if you are not of legal age to form a binding contract with us.
ARBITRATION NOTICE: YOU AGREE THAT ANY DISPUTES BETWEEN YOU AND US ARISING OUT OF OR RELATED TO THESE TERMS OR THE PRODUCTS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW IN THE “DISPUTE RESOLUTION” SECTION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
- ORDER ACCEPTANCE AND ACKNOWLEDGMENTYou can place an order by clicking the pre-order or purchase button located in various sections of the Store with respect to the Products of your choice. When placing an order, you may be required to provide some or all of the following information: your name, mailing address, billing information, and other information as required by law. If you are buying a Gift (as defined below), you will also be required to provide us with recipient information. You represent and warrant that all such information is accurate, and complete. You are responsible for ensuring that your account information (including your contact and shipping information) is kept current on the Store. We will have no responsibility or liability for inaccurate or incomplete information you provide or for information that later becomes outdated because you fail to update it. Additionally, we have no obligation to make efforts to determine your correct contact or shipping information. For orders which are pending shipment, you can update your information at any time prior to shipment by contacting Customer Care using the contact information listed https://websalehosting.com/contact/. Transtechnology will not take payment for Product purchases until Order Acceptance (defined below).After you place an order for physical Products such as devices and accessories (“Physical Products”), you will receive a communication from us acknowledging that we have received and/or are processing your order (“Order Acknowledgment“). Please note that an Order Acknowledgment does not mean that your order has been accepted. We will confirm our acceptance of your order by sending you a communication that confirms that your order has been processed and/or the purchased Products have been shipped, when applicable (“Order Acceptance“). Your order will be fulfilled by the delivery date set out in the Order Acceptance or, if no delivery date is specified, then within 30 (thirty) days after the date of the Order Acceptance, unless there are exceptional circumstances. The risk of loss or damage in the Physical Products you purchase passes to you upon delivery of the Products to you. We will be deemed to have delivered Physical Product(s) to you when we deliver them to the address you gave us when placing the order. For digital Products, including Gifts and Subscriptions (as defined below), Order Acceptance will occur automatically once your payment has been processed. Download of the digital Products you ordered will begin once your device is online and any previously queued downloads have been completed. You will receive a receipt for your digital Products, Gifts, and Subscriptions order via email.
- OUR RIGHT TO REJECT YOUR ORDER. At any time prior to Order Acceptance, we reserve the right to decline or reject your order. If this occurs, we will attempt to notify you through email or other reasonable means. Some reasons for rejection may include: (a) we are unable to supply you with the Products, for example because the Products are no longer available or because of an error in the stated price at the point of sale; (b) you request shipment to an address outside of TransTechnology shipping territories. (c) you order more than the permitted maximum number of Products. If you have already paid, we will refund you the full amount of the declined or rejected order including applicable taxes and any delivery costs charged.
- YOUR RIGHT TO CANCEL AN ORDER. You may cancel your order at any time prior to shipping and Order Acceptance, or within such longer period as may be required by applicable law. If you placed an order while logged into your account on the Store, you can cancel your order by clicking on the “Cancel Order” text link on the applicable Order Details page (which can be accessed from the “My Account” feature) or by contacting Customer Care in accordance with the instructions listed at websalehosting.com/contact/. If you placed an order through the guest checkout feature, you can cancel your order by contacting Customer Care or through the Oculus Guest Portal.
- WARRANTYWe stand by the quality of our Physical Products, and we are under a legal duty to supply products that are in conformity with this contract. We therefore offer our customers a limited warranty for our Physical Products (the “Product Warranty”). For information about our Product Warranty applicable to Physical Products, please visit oculus.com/legal/limited-warranty/. In addition, in some countries, including Australia, our goods come with guarantees that cannot be excluded under applicable law, for example, the Australian Consumer Law and the laws of certain other countries provide that you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage, and you are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. In New Zealand, our goods come with guarantees that cannot be excluded under New Zealand law except if you have purchased our Products for commercial purposes, in which case the Consumer Guarantees Act 1993 will not apply.THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING AUSTRALIA AND THE AUSTRALIAN CONSUMER PROTECTION LAW, AND THE LAWS OF NEW ZEALAND, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.Other than rights to which you are entitled under the consumer guarantee provisions of applicable law, the warranties provided in the Product Warranty are exclusive and are in lieu of all other warranties, conditions, and guarantees, whether written or oral. These Store Terms do not intend to grant any additional warranties over and above those provided in the Product Warranty and by applicable law. SUBJECT TO YOUR RIGHTS UNDER APPLICABLE LAW, EXCEPT AS SET FORTH IN THE PRODUCT WARRANTY, TRANSTECHNOLOGY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.Nothing in these Store Terms or the Product Warranty operate to exclude, restrict or modify any rights or remedies to which you may be entitled under the Australian Consumer Law (for Products purchased in Australia) or New Zealand law (for Products purchased in New Zealand).
- RETURNS. In addition to any rights you may have under applicable law in respect of defects or other issues with the Products, you have the right, within 30 days from the date of your receipt of any Physical Products, to return the Physical Products for change of mind. This right does not apply to any Physical Products that are stated by us to be non-returnable, including any Physical Products that have been personalized or modified in accordance with your instructions. The Physical Products must be fully returned in their original packaging with the applicable proof of purchase (i.e. a copy of your receipt), and unless the Physical Products are nonconforming or defective, you will be responsible for the cost of returning the Physical Products to us. If, on return to us, it is determined that the Physical Products have been used, damaged, are missing components, and/or are not in resalable condition, we may charge a restocking fee or otherwise reduce the amount of your refund to take account of this use, damage or any missing components. If you return a Physical Product bought as part of a bundle but do not return all of the bundled Physical Products, we will reimburse you for the Physical Product you do return minus the value of the applicable bundle discount.To return your Physical Products, you must inform us of your decision by contacting Customer Care in accordance with the instructions listed at https://websalehosting.com/contact/. You may also have return rights for nonconforming or defective Physical Products covered by our limited warranty, as set forth in our Product Warranty, or under applicable law. Your rights to return your Products as set out in this clause are in addition to, and do not replace, any rights you may have under our Product Warranty or applicable law.