Terms of Service
These Pre-Order Terms and Conditions (“Terms”) govern the placing of pre-orders ("Pre-Order") with Mode M (“we”, “us”, or “Mode M”) for our storage products and other accessories ("Products"). Please read these Terms carefully before submitting your Pre-Order of any Mode M Products. By submitting your Pre-Order, you agree to be legally bound by these terms.
When placing a Pre-Order for Mode M Products, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Mode M shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your product being shipped by sending an e-mail to firstname.lastname@example.org.
You acknowledge and agree that Mode M may decline or delay reservations to avoid oversubscription or as it deems appropriate, provided that we will make efforts to inform you within two (2) weeks of our receipt of your Pre-Order, and that you will be entitled to a full refund of the purchase Price.
You will be charged the full Price of the Products at the time of placing the Pre-Order. If Mode M is unable to commence shipping the Products on or before the one-year anniversary of your placing the Pre-Order, Mode M shall process a refund to you. Your placing of a pre-order constitutes your express agreement to Mode M of charging the full Price of the Products at such time.
Mode M will build Products according to the order in which the Pre-Order is received. This position does not imply receiving a particular number associated with your Products. If you cancel or forfeit your reservation in accordance with the terms of this Agreement, your position will be taken by the next person on the Product reservation list. Notwithstanding the foregoing, you acknowledge and agree that we may need to build and use Products for a variety of purposes, such as in-house and third-party testing, evaluation, and display prior to fulfilling Product reservations. Furthermore, we may in our discretion prior to fulfilling Product reservations offer for sale to the public (for instance, by auctioning off) a limited number of Products. Please consult our website or our newsletter for more information about such events.
4. Delivery Schedule
Although we will make efforts to begin delivering Products as soon as reasonably practicable, you understand and agree that there may be delays. An estimated time of delivery (ETD) is only an estimate, is subject to change, and Mode M does not represent or warrant that it will be able to ship the Product by the estimated date. As a result, in the event that a delay arises and the estimated shipment and/or release of the product is not met, Mode M is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays.
The purchase price ("Price") does not include taxes and other government charges, which are your responsibility. If the Price goes up, your order is secure at the low Price. The Pre-Order Price is valid from the moment you place the Pre-Order right up to 10 days after you receive the item. To claim a refund for the difference, email us at sales [@] sunrisepillow.co.
6. Cancellation and Refunds
Mode M may cancel this reservation by terminating the Pre-Order at any time for any or no reason prior to our notice to you that your Product is ready for delivery. If Mode M cancels your pre-order prior to delivery, you will obtain a refund of the purchase Price without interest. You expressly acknowledge and understand that we make no representations or warranties that we will ship a product and that by pre-ordering you are contributing a “pledge” in the development of said product that you desire to receive upon successful development and logistical shipping therein. In the event of any failure to deliver a product, refunds will not be offered as described herein of section 6. This shall be our only remedy for non-delivery.
7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL MODE M BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT. IN THE EVENT MODE M IS HELD LIABLE FOR ANY DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE THE FULL REFUND OF YOUR PURCHASE PRICE WITHOUT INTEREST.
8. Terms and Conditions of Sale
The purchase of the Products is subject to additional terms and conditions provided by Mode M, including in respect of any software included in the Products or intellectual property embodied in the Products or data collected by the Products. The current Terms and Conditions of Sale can be found in the footer of the checkout page and are subject to change without notice. Your purchase of the Product will be subject to these terms and conditions and the refund policy.
9. Age and Residency
You acknowledge that you are at least 18 years old, are a resident of the Unites States, and will take delivery of your Product in the United States. You acknowledge and agree that Mode M will initially focus its service efforts on certain geographical areas, and may expand to other areas as the company grows.
10. Customer Information
MODE M DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROTOTYPE PRODUCT DISPLAYED BY MODE M WHETHER BEFORE OR AFTER YOU HAVE PLACED THE PRE-ORDER. YOU UNDERSTAND AND AGREE THAT THE PRODUCT, ITS DESIGN AND TECHNICAL FEATURES ARE CURRENTLY UNDER DEVELOPMENT AND THAT THE PRODUCT THAT MAY BE AVAILABLE FOR PURCHASE BY YOU MAY BE MATERIALLY OR ELECTRONICALLY DIFFERENT FROM THE PROTOTYPE PRODUCT.
12. Changes to the Terms
Mode M reserves the right to change any of the terms for any or no reason. We will provide notice of any material changes and, if you are unhappy with such changes, your sole and exclusive remedy will be to cancel your reservation as described in Section 6 above.
13. Miscellaneous Provisions
These Terms constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior agreements, representations and understandings of the parties. This Agreement shall be governed by and shall be construed in accordance with the laws of the State of California. The venue for any actions relating to the subject matter or enforcement of this Agreement shall be in the Orange County, the place where this Agreement was entered and is to be performed. You may not assign this Agreement or any of the rights granted to you here under.