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Grow your BRAIN like a SUPER HERO

Terms and Conditions

Terms

Squids.Design

TERMS AND CONDITIONS OF SALE AND USE

These Terms and Conditions of Sale and Use (collectively, this “Agreement”) apply to all pre-orders, purchases and use of products (each a “Product”) manufactured, marketed, distributed and/or sold by Squids.Design. (“Squids”) via any website whose domain ends in “squids.design”, third party distributors retained by Squids.Design, or such other websites and mobile applications as made available by Squids.Design, its affiliates, subsidiaries and third party distributors from time to time (the “Site”).  In this Agreement, the buyer of any Product via the Site is referred to as “you”; accordingly, if the individual making the purchase is doing so on behalf of a corporation or other legal entity, he or she represents and warrants having the authority to do so and to bind such entity to this Agreement.  This Agreement contains important terms that, among other things, affect Squids’s liability and your legal remedies against Squids.  Please read this Agreement carefully, BEFORE you indicate your acceptance of this Agreement as part of a transaction on the Site.  If you check the “I AGREE TO THE TERMS AND CONDITIONS OF SALE AND USE” option as part of the transaction in which this Agreement is presented, you agree to be bound by this entire Agreement including the warranty disclaimers, limitations of liability and methods of resolving disputes.

TERMS OF SALE

Orders, Price and Payment

  • Price and Order.  The total price for the Products you are purchasing will be stated on the confirmation notice displayed at the last step of the ordering transaction before you confirm your purchase, and, upon your acceptance of the confirmation notice as well as all of the terms and conditions of this Agreement, the notice becomes your “Order”, an offer to us to purchase such Products on the terms set out therein and this Agreement.
  • All Orders are subject to availability.  When placing your Order, the confirmation notice will display whether the item is in-stock (an “In-Stock Product”), out-of-stock (an “Out-Of-Stock Product”), or a pre-order (a “Pre-Ordered Product”) and may provide an estimated delivery time frame.
  • Orders submitted by you are not binding upon Squids until the Order is accepted by Squids as indicated by Squids’s issuance of a Purchase Invoice (an “Invoice”) to you by email for such Order, which email also constitutes Squids’s acceptance of your Order.
  • Squids may appoint a merchant of record (the “Merchant”), as indicated in your confirmation notice, as the merchant of record for the transaction.  In such a case, the Merchant will accept payment, handle Orders, and handle shipments for and behalf of Squids.  Accordingly, your point of contact for dealing with Orders may be the Merchant and not Squids directly; check your Invoice for more details.
  • Payment for all Orders must be by debit card or credit card, and full payment must be authorized by your credit card issuer or authorizing financial institution before Squids is legally obligated to fulfill any Order previously accepted under an Invoice.  Your credit card will be charged when you place your Order.  Squids may from time to time accept payments from third party payment processors (each a “Payment Processor”).  If a Payment Processor is utilized to make a payment for an Order, , the transaction will be re-directed from the Site to the Payment Processor’s website.  When you leave the Site, you should be aware that the terms and policies, including privacy and data gathering practices, of the Payment Processor website to which you navigate from the Site apply to your dealings with the Payment Processor.” Also, all privacy related terms should only appear in the privacy policy in order to avoid any contractual obligations with respect to privacy.  Your account and any activities related to providing your personal information will be governed by the Payment Processor’s terms and conditions, and the information provided in relation thereto will be governed by the Payment Processor’s privacy policy.  When a Payment Processor is used, your financial information is not shared with Squids and once payment is completed, the Payment Processor will email a receipt to you for the transaction.
  • Subject to Squids Cancellation.  Squids reserves the right to decline to accept your Order, or to cancel an accepted Order after an Invoice, at any time, including, without limitation, in the event there is an error, typographical error, inaccuracy, omission or mistake to the price of any of Squids’s Products or Product descriptions, promotions, offers or availability.  Prices, specifications and configurations are subject to change without notice.  Although Squids makes reasonable efforts to ensure that the Site is current and contain no errors or inaccuracies, Squids makes no representations, warranties or guarantees that the information, content or materials included in the Site will be error-free or completely accurate or current at all times, or at any time.  Squids reserves the right at any time in Squids’s sole and absolute discretion and without notice to correct any errors, inaccuracies or omissions to the information on the Site.
  • Taxes, Duties and Extra Charges.  Prices advertised on the Site may not include shipping and handling charges or applicable country or region-specific sales, goods or services taxes, which may be added to the price you pay.  Calculation of taxes and shipping charges occurs before your Order is submitted and charged to your credit card as part of the total order amount. You are also responsible for any customs duties or any other similar fees associated with your Order.
  • All pricing will be noted on your Order and on the Invoice in the appropriate country- or region-specific currency as indicated thereupon. Depending on that currency, your credit card company may apply a conversion rate and additional fees that are outside of Squids’s control.  Furthermore, if for any reason pursuant to this Agreement you become entitled to a refund, that refund may be converted by your credit card company at a different rate meaning that it may be lesser than, or greater than, the actual amount charged to you by your credit card company, as the case may be.
  • For information about Squids’s collection, use and sharing of your personal information, please see Squids’s privacy policy available at: https://squids.design/wink/privacy-policy/

EXPIRY OF PURCHASE CODES

Squids purchase codes will be valid for use for 1 year from the date of issue (or as otherwise extended by us) after such time it will be invalid. You should redeem the purchase code before the expiry date, after the expiry date unused value will become the property of Squids.

CHANGES TO ORDERS

  • You may request a change to your Order under any Invoice, provided that the Product has not been released to production by the time of your request. Contact information can be found at: https://squids.design/contacts/. Please note that any such changes may delay other items of your Order, or may delay your Order entirely.  Changes to existing Orders are treated as a new Order, subject to acceptance and other procedures generally described in Section 1 above.  You will be responsible for any additional charges resulting from any accepted changes to your Order, and if an accepted change would entitle you to a refund, Squids or its Merchant will process such refund within 15 days of the acceptance of the change.
  • Cancellations and Cancellation Fees.  You may request cancellation of any Order (even after an Invoice has been accepted) at any time until the applicable Product(s) has/have shipped.  Contact information can be found at: https://squids.design/contacts/.

RETURNS AND REFUNDS

  • Return Period.  Squids offers a limited 30 day return period (starting from the date the product is received) for all Products purchased from the Site which are defective (unless the Product Description or Order, as the case may be, indicates otherwise for any particular Product) (the “Return Period”).
  • Requesting an RMA.  The Return Period applicable to a Product commences when Squids or its Merchant receives notice from its shipping agent that the applicable Product has been delivered to you.  To request a refund, you must, within the Return Period, contact Squids or its Merchant (contact information can be found at: https://squids.design/contacts/during business hours to request a return merchandise authorization (“RMA”).  Squids or its Merchant will send to you a RMA form by email and you must complete the RMA form and return it to Squids or its Merchant by following the instructions contained therewith within 10 days.
  • Returning the Product.  You must return the product to Squids, following the RMA instructions. The Product must be returned with all contents provided to you with the Product when it originally shipped.
  • Non-Compliant Returns; Restocking Fee.  If Squids, in its sole and absolute discretion, determines that the returned Product has not been returned in accordance with this Agreement or is not in original condition (such as, without limiting Squids’s discretion, if the package has been opened, there are signs of use or tampering, there are any missing components or it has been damaged) Squids may, in its sole and absolute discretion refuse to accept the return by returning the Product to you, upon which you will not be entitled to any refund.
  • Processing Refund.  Subject to Section 3.d, Squids or its Merchant will refund to you the purchase price for the Product that was actually paid to Squids or its Merchant (for greater certainty, including applicable taxes but excluding shipping costs and any other extra charges for which you are responsible pursuant to the “Extra Charges” section above at Section 1.g) via the same means Squids or its Merchant received your payment in the first instance.  Your refund will be processed no later than 15 days of Squids’s or its Merchant’s receipt of your Product.

SHIPPING TERMS

Shipping

  • We strive to ship products within 14 days of the date of the purchase.
  • Pre-Ordered Products.   When placing an Order for a Pre-Ordered Product, the Order or your Invoice may indicate an estimated shipping time.  Pre-Ordered Products will be shipped if and when available.  Squids makes no guarantee that any such Products will be shipped at any particular time and the actual date of shipment may change for any reason, including availability of materials, supplier difficulties, changes in specifications, matters beyond Squids’s or its Merchant’s control, design changes, government approvals or certifications, or any other reason.  Squids will update you with its estimate of the shipping date from time to time, and will notify you when the Pre-Ordered Product ships.
  • Any shipping dates or timeframes provided (whether in your Invoice or in this Agreement) are estimates only and subject to change.
  • All Products will be shipped in the order in which Invoices have been issued to Squids’s customers, including you.
  • The date of shipping does not guarantee the date of receipt; the actual delivery date to you will depend on the shipping method selected and available to you during your Order.

DELIVERY

  • Squids will arrange to deliver the Products in your Order to the address you provided in your Order, as noted on the Invoice. Title to the Products, and risk of loss, passes to you upon Squids’s delivery of the Product to the carrier you have selected or that was made available to you during your Order.
  • Delivery Procedure.  Squids’s carriers will complete delivery of the Product to you at the address you specify in your Order.  
  • Squids reserves the right to investigate (or to retain a third party to investigate) any claims or returns on the basis of incorrect delivery procedure and false information. In the unlikely event that your Order arrives with visible damage to the exterior packaging, you may either take delivery or refuse the shipment.
  • Errors and Damages.  You must examine the Product after you receive it. If an Order or shipping error has occurred, or if your Product is damaged (except for latent damage not readily apparent) you must notify Squids of the particulars as soon as possible, but in any event within two (2) days of the carrier’s delivery to you (the “Inspection Period”). Any claims made after this time frame will not be honoured and the Product(s) shipped and delivered to you will be deemed to have been delivered and accepted by you, and Squids will not consider any claim for damaged or missing Products outside of this time period.
  • Return Procedure.  If your Product was received in error, or in damaged condition or other than in apparent good order, please contact Squids immediately.  Contact information can be found at: https://squids.design/contacts/.

TERMS OF USE

Limited Warranty 

  • Scope and Period. Squids warrants to you that the Product will be free from defects in materials and workmanship under normal use for 1 year from the original date of purchase by you (the “Warranty Period“). The limited warranty in this Agreement (the “Limited Warranty”) is not transferable by you. All subsequent purchasers acquire the Product “as is” without benefit of the Limited Warranty. Where you purchased the Product from Squids’s Site or other online vendors the date of purchase is the date of the purchase invoice issued to you by Squids or such online vendors by email. Where you purchased the Product from an authorized reseller at a physical location, the date of purchase is the date of the invoice issued to you at the physical location.
  • In the event Squids determines that the Product is defective, Squids may in its discretion: (i) replace the defective Product with a new Product; or (ii) refund to you the purchase price you paid for the Product. Replacement. Where the Product is replaced during the Warranty Period, except as otherwise prohibited by applicable laws, the warranty for the replaced Product, as applicable, will expire upon the expiration of the original Warranty Period. Any warranty service or support under this Limited Warranty is conditioned upon your return of the Product to Squids. Where there has been a replacement of the Product, the Product, as provided pursuant to this limited warranty, becomes your property and the Product being replaced becomes Squids’s property. Where there is a refund, you will return the Product to Squids and such Product becomes Squids’s property. Squids may condition a refund or replacement on you returning the product or require you to provide a credit card number, which will be charged only if you fail to return the Product. 

EXCLUSIONS

THE LIMITED WARRANTY DOES NOT APPLY:

    1. to normal wear and tear;
    2. if the Product was not purchased from Squids or its authorized retailers;
    3. to damage caused by misuse, moisture or liquids, proximity or exposure to heat, accident, abuse, neglect or misapplication,
    4. to physical damage to the Product;
    5. to any software, whether or not supplied by Squids.
  • Returning the Product. Squids is the provider of this Limited Warranty. Squids’s warranty contact information can be found at https://squids.design/contacts/. You may need to provide a proof of purchase of the Product, in the form of the purchase invoice sent to you by Squids or an invoice from an authorized seller of the Product, to evidence that you are the original purchaser of the Product. In the event you return the Product to Squids outside of the Warranty Period, Squids’s standard replacement terms and charges may apply. Squids may limit the Limited Warranty to the country where Squids or its authorized seller sold the Product to you. You may be responsible for shipping, handling, or other costs if you request warranty services not in the country of original purchase.

EXCLUSIVE REMEDIES

The remedies in this Agreement are the exclusive remedies provided to you under this Agreement. To the extent permitted by applicable laws, the Limited Warranty in this Agreement is in lieu of all other warranties or conditions, express or implied. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY AND AS PERMITTED BY APPLICABLE LAWS, Squids SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THIS AGREEMENT, THE SITE AND ALL PRODUCTS, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (A) WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, OR DURABILITY; (B) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT A Squids KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); OR (C) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE). WHERE IMPLIED WARRANTIES CANNOT BE DISCLAIMED BY APPLICABLE LAW, SUCH IMPLIED WARRANTIES ARE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY. THE LIMITED WARRANTY IN THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 

WARNINGS

RELEASE, WAIVER AND LIMITATION OF LIABILITY

  • YOU ACKNOWLEDGE AND AGREE THAT Squids, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, RESELLERS, AND DISTRIBUTORS (COLLECTIVELY, “Squids” IN THIS SECTION 10) WILL IN NO WAY BE LIABLE TO YOU FOR ANY GENERAL, PECUNIARY, NON-PECUNIARY, INDIRECT, ECONOMIC, SPECIAL, COMMERCIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF BUSINESS REVENUE OR EARNINGS, LOST DATA, LOSS OF OPPORTUNITY, DAMAGES CAUSED BY DELAYS OR A FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF PROPERTY, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY PRODUCT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF SUCH PERSON/ENTITIES IS/ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
  • IN NO EVENT SHALL Squids’S TOTAL LIABILITY TO YOU OR TO ANY THIRD PARTY RELATING TO OR ARISING FROM THIS AGREEMENT OR ANY PRODUCT WITH RESPECT EXCEED THE PURCHASE PRICE OF THE PRODUCT THAT YOU PURCHASED OR THE COST OF REPAIRING OR REPLACING THE PRODUCT, WHICHEVER IS GREATER.
  • THE LIMITATIONS OF LIABILITY SET OUT IN SECTIONS 10(a) AND 10(b) ABOVE ARE INTENDED TO APPLY AND DO APPLY TO ANY DAMAGES, LOSSES, OR LIABILITY OF ANY TYPE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) AND EVEN IF Squids HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 10 APPLY TO THE FULL EXTENT THEY ARE NOT PROHIBITED BY APPLICABLE LAW WITHOUT THE POSSIBILITY OF CONTRACTUAL WAIVER.
  • SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  

GENERAL MATTERS

Binding Effect

  • This electronic Agreement and any other materials incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual and other legal requirements for a writing; (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
  • These terms and conditions and the rights and duties herein will be binding on and enure to the benefit of you and Squids and their successors and permitted assigns (including your heirs, executors and administrators).
  • Force Majeure.  No Squids entity shall be responsible for a failure to fulfil any obligations pursuant this Agreement or for delay in doing so if such failure or delay is due to circumstances beyond its reasonable control, such as acts of God, acts of government, war, riots, strikes and accidents in transportation.

ENTIRE AGREEMENT

  • Entire Agreement.  This Agreement, together with the Invoice and any other materials expressly referred to herein, constitutes the complete and exclusive statement of all of the terms, conditions, representations and warranties between you and Squids with respect to the purchase and sale of any Product offered by Squids, and supersedes and replaces all other oral and written communications between the parties or otherwise relating to the subject matter of this Agreement.
  • This Agreement will not be and is incapable of being amended or varied, verbally or in writing, unless any such amendment or variation is in writing and signed by both you and a senior officer of Squids in an instrument that expressly refers to this Agreement.
  • No Implicit Waivers or Novations.  The failure by Squids to insist on strict compliance with any provision of this Agreement will not be deemed to be a waiver of such provision, and a waiver of any provision of these terms and conditions at any one time or times will not be deemed to be a waiver for any other time.  The failure of Squids to assert its rights in a timely fashion for any of its rights or remedies under these terms and conditions will not be interpreted as a novation or a waiver of any subsequent or continuing breach and will not serve to modify, alter or restrict the right of Squids to assert any rights at any time thereafter.

CONSTRUCTION

  • Each provision of this Agreement, and part thereof, is declared to be separate, separable and distinct from all other provisions and parts thereof. If any provision or part thereof is determined by a court of competent jurisdiction or other constituted legal authority to be void, unenforceable or unreasonable in whole or in part, it will not be deemed to affect or impair the enforceability or validity of any other promise or provision in this Agreement or any part thereof and the said court or other constituted legal authority will have the authority to limit such promise or provision as it deems proper.
  • Non-Application.  The International Sale of Goods Act (Bengaluru) and the United Nations Convention on Contracts for the International Sale of Goods, or any other similar legislation of any other jurisdiction that may be excluded by a similar reference, will not apply in any way to this Agreement or to the transactions contemplated by this Agreement.
  • English Language.  The parties have requested and agree that this Agreement and all documents relating thereto be drawn up in English / Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

DISPUTE RESOLUTION

  • All disputes, controversies or claims arising out of or in connection with or in relation to this Agreement or the breach thereof, including any and all disputes, claims or question regarding: (i) the existence, validity, application, interpretation, performance, enforcement or termination of this Agreement; (ii) any dispute or claim arising out of or relating to the negotiation, execution, interpretation, application or performance of this Agreement; or (iii) any dispute or claim arising out of or relating to the design, manufacture, distribution, instruction, warning, performance or use of the Product (collectively, the “Dispute“), will be solely and exclusively referred to, and finally resolved by, binding arbitration pursuant to the provisions of the Bengaluru Arbitration Act and any amendments thereto.  Such arbitration shall be conducted pursuant to the Domestic Commercial Arbitration Rules of Procedure of the Bengaluru International Commercial Arbitration Centre then in force (the “Arbitration Rules”).  A single arbitrator shall be appointed by agreement of the Parties, or, in default of agreement, such arbitrator will be appointed in accordance with the Arbitration Rules. The arbitration will be governed by the laws of the Province of Bengaluru and the laws of India as applicable therein.  The arbitration will be held in Bengaluru, Bengaluru and will be conducted in the English language. The arbitrator shall have jurisdiction to award costs of the arbitration, including attorney’s fees and disbursements and arbitrator fees and expenses.  Any award and the determination of such arbitrator will be final and binding upon you and Squids. A judgment on the award of the arbitrator may be entered into any court having jurisdiction over the party or parties against whom an award may be issued and each of you and Squids agrees to and hereby waives any defences against the enforceability and execution of any such judgment awarded by the arbitrator as contemplated in this Agreement. Judgment on the award of an arbitrator may be entered