GENERAL TERMS AND CONDITIONS, ALSO INCLUDING INDIEGOGO 40 day PROJECT GOING LIVE by end of October, 2014.
1, 'You' meaning the Customer, and 'We' meaning Brains 2 Infinity. Rewards meaning Perks.
2. 'You the Customer, understand and accept that if you advance Pre Order M.A.T.T. (Music Avatar Talking Trainers) or any other product, either per individual single pre order, and also if you place multiple advanced Pre Order's, 'You' accept and have read fully all our Terms and Conditions which we at any time reserve the right to ammend.
3. You’ the Customer, in placing a Pre Order for M.A.T.T. Footwear do so in the full knowledge that the full payment will be taken immediately from your Credit/Debit Card or any other payment card, and that you will receive the Product, a M.A.T.T. Limited Edition Footwear until approximately July, 2015, possibly earlier, when a date will be announced on the website saying when you will receive your advance Pre Ordered M.A.T.T. Footwear in the Announcements Page, and on the Home Page.
4. 'You' the Customer understand 'we' Brains 2 Infinity will make a Protoytype of M.A.T.T. first, and show it on this website, and Indiegogo.com also, and that you will receive any of our M.A.T.T. Products by a date to be announced, knowing that you could receive your advance pre order earlier than the date announced, by the date announced or later than the date announced if there is a delay of some kind, which may unforeseen and out of our control. 'We' will of course do our utmost to make sure you receive it by the date we announce, but it is possible a delay may be caused by others or unavoidably by ourselves, ie if there is a problem that needs to be sorted out fast, we will do so asap. Keeping 'You' the Customer updated.
5. If 'we' Brains 2 Infinnity don't get any of our M.A.T.T. Products to 'You' the Customer by the announced date, 'you' the Customer are entitled to a full refund if you decide to fully cancel your order, this would mean you would not receive M.A.T.T. if you were to do this and you accept this and understand this. However, 'we' would hope you would hold on and stay with us if you so wish.
6. ‘You’ the Customer, understand that ‘We’ Brains 2 Infinity are doing a Perk (rewards) based ONLY Crowdfunding, where strictly NO EQUITY will be given, to 'You' the Customer, ONLY Perks (rewards) of which are quoted on the Perks Page and on our Indiegogo.com Campaign will be given to 'you' the customer.
7. You’ the Customer, understand that with some of the advanced Pre Order money raised in our Indiegogo Project 'We' Brains 2 Infinity receive, we will build Prototypes, including M.A.T.T. as one of our priority spends, and then show the Prototypes including M.A.T.T. (which 'We' will show working first) on this website and Indiegogo.com also, to enable us to get M.A.T.T. made asap so 'We' can get M.A.T.T. delivered to 'You' the Customer by the date we will announce, but is estimated to be July, 2015. The Perks (rewards) only crowdfunding will also be used to make the footwear, develop the Prototypes, and run Brains 2 Infinity, including day to day costs and other outgoings, which include patent fees and legal fees and every day to day running of our business and when 'You' the Customer, advance Pre Order a Limited Edition pair of M.A.T.T's,. or any of our M.A.T.T. Products, you do so in the full knowledge of this and acccept and understand this. 'You' the customer also understand if 'we' make any obvious error that 'we' will ammend it, in our wording or pricing, this is just to cover us in the unlikely event of any human errors being made.
8. ‘You’ the Customer, understand and accept that if we don’t raise our target of $50,000, (£31,078GPB) 40 days from the Campaign launch, if ‘You’ the Customer so wishes, 'You' the Customer, may totally cancel your Pre Order for M.A.T.T. whether it be an individual single order or a multiple order, and in doing so ‘You’ the Customer will receive a full refund credited back to your payment card, whether it be a debit or credit card or some other payment card, but in doing this 'You' the Customer do so in the full knowledge you will not receive M.A.T.T. either single individually or in multiple, depending on what 'You' the Customer ordered, and paid for, 'You' the Customer will only receive the money you paid for M.A.T.T back. and no more than that amount, and in 'You' the Customer cancelling your advanced Pre Order, you do so knowing 'You' the Customer will not receive M.A.T.T. and 'you' the Customer understand and accept this. However 'we' hope you decide to stay with us if you so wish and we will make sure M.A.T.T. is made for you asap.
9. However ‘You’ the customer understands that even if 'we' don’t raise our $50,000 (£31,078GBP) target 40 days from Campaign launch on Indiegogo.com, 'we' will still make sure everyone who has pre ordered M.A.T.T. with us and who doesn’t want to completely cancel their pre order, will still get their M.A.T.T. Footwear on a date to be announced and approximately around July, 2015 or earlier as long as 'you' don’t cancel your order and as long as ‘you’ the customer don’t ask for a refund, 'you' will get the M.A.T.T. you paid for as a pre order by the date we announce. 'You' the customer who have advanced Pre Ordered and already paid for M.A.T.T. 'you', or 'your', meaning any customer who chooses not to cancel 'their' advanced pre order of M.A.T.T.
10. 'You' the Customer understand and accept This is a keep it all, (flexible funding), Perks (Rewards) only Crowdfunder in that if we fail to meet our target of $50,000 (£31,078GBP) 40 days from our launch Project on Indiegogo, we will still use the pre order money raised on the Perks (Rewards) only Crowdfunder, to make sure 'You' our valued customers get the Footwear 'You' pre ordered from us, in this case, M.A.T.T by the date which is to be announced on condition 'you' the customer do not cancel your pre order of M.A.T.T. with us (brains 2 infinity). We are not obliged to offer a refund under Indiegogo.com Campaign rules but 'we' do so because 'we' feel if 'we' were the Customer, 'we' would have the option if we so wished to be Customer friendly. However, 'we' hope you will hold on and remain with us if this did happen. 'We' believe in M.A.T.T. and all our other Products, and 'we' aspire to be the future of Footwear and other Inventions.
11. ‘We’ will show prototypes including other products working on our website at a date to be announced, but the first Prototype 'we' will show working on this website will be M.A.T.T., of which you are all invited to leave feedback good and bad, (as long as it is not abusive, nor offensive!).
12. Shipping costs will vary depending on which Zone and will be quoted in your Perks on our Indiegogo.com Campaign when we go LIVE, and you can see them on our Website in the meantime.
13. When ‘You’ the customer receive your Footwear (M.A.T.T), and any other M.A.T.T. Products. 'You' agree to make arrangements with the delivery company to be in so you can sign for your Footwear, if you do not do this, and 'you' the customer are not in when M.A.T.T. is delivered, and ‘we’ are charged a second time for Shipping, ‘you’ the Customer, will be liable to pay the repeat Shipping fee, hopefully this can be avoided simply by being in when 'you' the customer, tell the delivery company you will be in, so 'You' the Customer can sign for your M.A.T.T. Footwear, and make sure 'You' the Customer are at home, if you choose to make alternative arrangements such as allow family or friends to sign on your behalf, please make sure they are old enough to do so, over 18, that is between 'you' the Customer, and the delivery company to arrange. 'You' the Customer understand and accept all these terms and conditions in the full knowledge that if you fail to sign for M.A.T.T. 'you' the customer will not receive M.A.T.T., our policy is strictly signature before 'you' the customer receive M.A.T.T. If the delivery company in error fail to get a signature but 'you' the customer receive M.A.T.T. You accept you have received M.A.T.T. in the full knowledge we have completed our side of the agreement and 'we' cannot be held responsible for any error if any the delivery company may allegedly make with 'You' the customer, and if the delivery company who have delivered M.A.T.T. to you regardless of human error by the delivery company, which from time to time may happen, if they do this, 'we' ask you please notify us immediately so 'we' can make sure they don't continue to do this. The signature is for your protection as well as ours as it confirms you have received M.A.T.T. 'We' ask that 'you' the customer report to us immediately any disputes between 'you' the customer and the delivery company, so 'we' can assist you immediately and do everything we can to help sort out any problems that may arise. 'We' are confident that much more often than not things will go smoothly, we are just covering ourselves and 'you' the Customer, but remember we are here to help, if there is a problem lets get it sorted straight away. No worries. In the unlikely circumstance 'we' make an error, 'we' would rectify it and hope that in doing so 'you' the Customer will be satisfied and happy.
14. 'You' the Customer agree to sign for the Product, which is mandatory so you can receive M.A.T.T., a signature will always be required as proof of receipt of any of our M.A.T.T. Products If the delivery company says you don't have to sign, they are wrong, please can you take the name of whoever says this, and pass it onto us, and 'you' will need to insist on signing, if the delivery company still refuse to let you sign, please report them to us immediately, so 'we' can make sure it never happens again, this is for your protection as well as ours.
15. If 'You' the Customer receives any of our M.A.T.T. Products earlier than the announced date or by the announced date, 'You' the Customer will not be entitled to a refund as 'we' have delivered the footwear by or before the date 'we' announced.
16. Any amendments to our Terms and Conditions 'You' the Customer accept.
17. 'We' have the right to refuse a pre order and even cancel it, if in the unlikely event there is any unreasonable behaviour or for other reasons including offensive feedback, and also abusive feedback or comments made by 'You' the Customer. If payment is already made, by advanced Pre Order, we would give 'You' the Customer, a full refund and 'You' will not receive a M.A.T.T. 'We' hope this may never happen or be very rare. 'We' would always try and resolve any issues, and all 'we' ask is that 'you' the customer treat us as 'you' would want to be treated yourselves, and 'we' will show 'you' the Customer the same respect, because 'we' do value your custom and will not take it for granted.
18. When ‘You’ the Customer receive your M.A.T.T. footwear, 'You' the Customer agree to inspect it before signing for it, and if it is faulty, or damaged, 'You' the customer agree to refuse to sign for it, however 'you' the Customer can write a comment regarding any damage you have seen, which would be helpful but that is if you so wish, and 'You', the Customer, ask the delivery company to return it to sender (us), 'You' the customer agree to immediately notify us of this either by email or phone, if there is any problem at all 'you' the customer, can ring us to sort it out there and then, and 'You' the customer can also update us via email as 'we' would you or 'we' would call you. This may be because the footwear may in the unlikely event become damaged in transit, through no fault of our own, if this is the case 'we' would want to be notified immediately, of course we would make sure you received a replacement M.A.T.T. asap as long as you don’t sign for your order and 'you' the Customer give any M.A.T.T. Product back to the delivery driver, to return to 'us', and we would then make sure you got a replacement as soon as is possible and 'we' would update you on that.
19. 'You' the customer in signing for a M.A.T.T. Product, after you have inspected a M.A.T.T. Product for any damage or faults including transit damage, are confirming when 'you' the customer sign for M.A.T.T. that 'you' the customer have received M.A.T.T. in good condition with no damage including transit damage, and 'you' confirm M.A.T.T. is not faulty by doing this.
20. In the event that ‘you’ the customer damage the footwear (M.A.T.T.) yourselves, through negligent reasons, or accidentally, and also if 'you' the Customer do so on purpose, or 'you' the customer allow someone else to do this on purpose, 'we' will not give you a refund under these circumstances, 'we' hope this never happens and we are just covering ourselves in the unlikely event it does.
21. If M.A.T.T. is genuinely faulty within 12 months of 'You' the Customer receiving the pre ordered M.A.T.T. footwear, 'You' the customer will be offered free repairs on M.A.T.T. as long as it is a genuine fault and not caused by 'you' the customer, or by anyone who has access to M.A.T.T. ie family and friends, through negligence or on purpose, if it is a genuine fault, we will repair your footwear, (M.A.T.T.), and when repaired we will send your footwear back to 'you' the customer with a repair FREE of charge, 'we' would not charge you for Shipping as an apology from us.
22. If M.A.T.T. cannot be repaired, and this is not due to 'you' the customer causing the damage on purpose or accidently, or through negligence, and also not due to anyone else including family and friends causing damage on purpose, or even accidently, or through negligence, as long as we do not suspect this has happened, and any of our M.A.T.T. Products is genuinely faulty, 'we' will provide 'you' the customer with either of these options, 'you' the customer may have a brand new replacement, once you have sent the faulty M.A.T.T. to us first, or alternatively 'you' the customer may have a full refund but no footwear, with no new replacement, just a full refund, if within 12 months of receiving M.A.T.T.
23. 'You' the Customer accepts and understands that each individual M.A.T.T. Product, (Perk in the case of our Indiegogo Campaign) has varying costs dependant on the Perk or the Product. Multiple orders costs will be displayed at checkout, for example, if 'you' the customer ordered x5 M.A.T.T.'S you would pay for 5, and would need to change the amount to 5 if it doesn't say so, 5 is an example only, each Perk Price is individual to the Perk.
24. 'You' the Customer understand and accept that each single advanced Pre Order of M.A.T.T or any other M.A.T.T. product, entitles you only to one pair of M.A.T.T. Footwear only, unless a specific Perk says otherwise as with our Indiegogo.com Campaign, however, each Perk price is individual and varies depending on the Perk for the price. We can assure 'you' the customer there are no hidden charges. (with regards to ordering extra Avatars at a later date to be announced, we reserve the right to charge 'you' the customer for them if 'you' order them and will do so, due to development costs and other costs incurred to ensure 'you' have as wide choice as possible, but this would done and offered separately from advanced pre ordering, separate from our Indiegogo Campaign, and will be optional for 'you' the customer and each individual customer as to whether you would want to purchase further Avatars, it is up to 'you', but we think you will love them.) With each individual pair of M.A.T.T. you will get 1 free Avatar as a Perk (reward), so you have one FREE Avatar as soon as you receive your M.A.T.T. as a Perk (reward). With regards to Perks they are individually priced for each individual Perk. (as per our Indiegogo Campaign).
25. Each of 'You' the customer who has advanced pre ordered a M.A.T.T. Product (Perk in our Indiegogo Campaign), will be entitled to one Avatar FREE of charge included with your M.A.T.T. Footwear, for each individual advanced pre order placed, 'we' reserve the right to chose which Avatar that is, and it will be the same Avatar for all M.A.T.T. Footwear, advanced pre ordered, however, we will look into providing 'you' the customer with as big a choice of Avatars as 'we' can and 'we' will expand on the Avatars for sale as time goes on as we develop them, so 'we' will expand our range of Avatars, hope you enjoy them, all with their own personalities for 'you' to choose from at a later date to be announced, but you the customer will be charged for any extra Avatars you want for M.A.T.T. The 1st free Avatar with each advanced individual single pre order of M.A.T.T. is only applicable to M.A.T.T. and any other future products are not included in this Perk (reward), and are excluded from it. However, each Perk in our Indiegogo Campaign is individually priced and 'you' the customer agree to pay the amount required per individual Perk.
26. SHIPPINGS costs vary in Zone 1 and Zone 2 and dependent on which Zone 'you' the customer come under, 'you' agree the pay the Shipping that comes under your area of delivery, by adding Shipping Costs to your Purchases at Checkout. Each individual Perk will say Shipping Costs for each Zone.
27. For each individual advance Pre Order entitles 'you' the customer to only one pair of M.A.T.T Footwear, per individual advanced pre order, including Perks, unless the Perks individually state otherwise. With regards to multiple advanced pre orders, if 'you' the customer, advanced pre ordered x 5 M.A.T.T.S you would pay for x 5, and the total amount would be displayed at the payment area, this would entitle 'you' the customer to in this example, 5 pairs of M.A.T.T. Footwear if you paid for 5, with the same Avatar on each individual pair of M.A.T.T. Footwear. So in short if you pay for 5, you get 5 and so on. This is an example. Each Individual Perk in our Indiegogo Campaign is individually priced and 'you' the Customer agree to pay the amount required for that individual Perk.
28. If there is a genunie and/or obvious human error on our part or malfunctioning of our website causing this, for any reason, we reserve the right to correct any errors and receive the correct payment, and 'you' the customer agree to provide us with the correct payment if an error has been made. This is non negotiable. If 'you' the customer refuse to accept this we reserve the right to cancel your order, and this would result in 'you' the customer not receiving M.A.T.T. This would also result in 'you' the customer receiving a refund of the amount you paid in error only.
29, With regards to this and everything else included in our Terms and Condtions, you agree to and have read and understood all our Terms and Conditions and you accept them, including any further terms and conditions below. We have included our promises in these Terms and Conditions to 'you' the customer also as we are committed to giving 'you' the customer a first class customer service.
30. 'You' the Customer accepts you must give Brains 2 Infinity accurate foot measurements to avoid Footwear not fitting correctly, if you fail to do so, and your footwear does not fit you correctly, 'we' will not be held liable for this as it would be an error on 'you' the customers part, however, we will do all we can to assist you if this should happen, but 'we' would appreciate it if 'you' made sure of your foot measurements to avoid this from happening altogether, as this would cause delay that would be avoidable and unnecessary. If 'we' made the error, we would rectify it at no extra cost to 'you' the customer. We want to be fair and open and honest, if we do make any errors 'we' would rectify them at no extra cost to you.
31. 'You the customer accepts once we show you deisgn/colour options on this website, at a later date to be announced, would be after Prototype is shown, that once you choose you must be totally sure as once ordered the Footwear it will be specifically made in the design/colour, and size, 'you' the customer chose, and the size, colour/design 'you' the customer chose is what will be delivered to 'you' the customer, and if 'you' the customer change your mind about what 'you' the customer ordered to a different design/colour/size, if 'you' the customer are at an early enough stage for us to ammend this, at our own inconvenience we may consider changing your request, and would do our utmost to assist and help 'you', but please inform us immediately to save both of us time, and 'we' will do all we can to assist you in doing this, but 'we' reserve the right to refuse 'you' the customer, if the footwear is already at a stage we cannot change it for 'you', and also we reserve the right to refuse 'you' the customer, if 'you' the customer are being unreasonable, abusive, or keep changing your mind or for any other reason, but 'you' the customer understand in doing these things 'you' the customer may cause your own delay receiving your M.A.T.T. footwear, and 'we' will not be held liable for any delay caused by 'you' the customer in any of these circumstances, and 'we' would not offer a refund for any delay as the delay would be caused by 'you' the customer, including if you were behaving unreasonably, but we will will do everything we can to assist you and make sure you get your footwear as soon as possible, but if at a later stage when M.A.T.T. footwear already made specifically for you, you decide 'you' the customer want to cancel your order, we will not offer nor give 'you' the customer a refund under these circumstances or similar circumstances. We reserve the right to refuse giving 'you' the customer a refund, whether in part or full. If a full refund is given for any reason and that is on a case to case basis at entirely at our discretion, 'you' the customer understand your advanced pre order on any M.A.T.T. Product will be cancelled and 'you' will not receive any M.A.T.T. footwear.
32. if 'we' brains 2 infinity have made any errors or omissions in our terms and conditions 'we' reserve the right to amend them and 'we' will not be held accountable for them, though 'we' will apologise and may at our own discretion offer a goodwill gesture of some kind but this is totally optional on our part and would be voluntary only if 'we' choose on our part. 'we' cannot be held legally liable for anything covered in our Terms and Conditions or anything else, and 'you the customer agree with this and our Terms and Conditions in full knowledge, and 'you' agree not to take any legal action against us for any reason whatsoever, we are a start up company and for our own protection we have added this. If there is a problem 'we' can sort it out amicably.
33. 'You' the customer understand and accept that we are doing a Perk (reward) based only crowdfunding, where strictly no equity in our business will be given away to 'you' the customer, 'you' the customer understand and accept these conditions when you advance pre order any of our products, whether individual orders or multiple orders, 'you' the customer will only receive Perks (rewards) for your valued custom and never receive any equity in any form, we have listed Perks (rewards) on our Perks Page, (and Indiegogo), which we offer 'you' the customer if you advance pre order M.A.T.T., and 'we' reserve the right to offer you the customer more Perks (rewards) if 'we' so wish, 'we' will try to do so but cannot promise to do so, 'we' have some ideas on what those would be and any new Perks (rewards) we will announce on this website and of course on Indiegogo. We want to show 'you' the customer how customer friendly we are and show our gratitude for your valued custom, and at times we may do so.
34. As this is Perk (reward) based crowdfunding only, 'you' the customer accept and understand we will use all monies received in our Indiegogo Campaign for the things we have said about in our Campaign, and as we so wish to run our business and deliver 'you' the customer high quality products, and to enable us to run our business, general costs, patent fees, and legal fees and any other costs that arise including making the footwear 'you' the customer have pre ordered from us, our priority spend will be on the prototypes, which we will show working on this website, we will make sure we source high quality materials and tech to produce M.A.T.T. and other products that follow M.A.T.T. also. We will make M.A.T.T. which 'you' the customer has pre ordered, and will do our best to meet our target date to deliver M.A.T.T. to you asap, if we can, we will try and get M.A.T.T. to all our pre order customers earlier than our to be announced date, but it depends if there are any delays, and if there are if there are any delays, we reserve the right to change the date you the customer will receive M.A.T.T. but we will keep you the customer updated on this website and of course on Indiegogo.
35. 'You' the Customer can ask for half sizes if you so require, and 'we' will not charge 'you' the Customer any extra cost for doing this, hope you like this Perk (reward) too.
36. 'You' the Customer will at a later date to be announced be given a choice of colours/designs, and from the choice options available to 'you' the Customer, 'you' the Customer will choose which option you require. We reserve the right to ammend these terms and conditions. Please be sure before you make a decision. 'We' will keep 'You' the Customer updated regarding this and will let you know how to do this. After 'we' have shown 'you' the customer the working prototype of M.A.T.T. on this website and of course Indiegogo, we will then offer 'you' the customer a choice of colours/designs, 'we' may ask 'you' to vote for your favourite if we have to narrow it down. The date for this will be announced at a later date on our indiegogo Campaign on Indiegogo.com and on this Website.
37. ‘You’ the customer, confirm you have read and understand and accept and agree to all our terms and conditions, which we may amend at any time.
38. 'We' want 'you' to keep coming back to us for repeat custom, we hope you love our products and we very much look forward to offering you the most innovative Footwear possible. Let us be the Future of Footwear, Support us in our Campaign at Indiegogo.com
Bonnie White CEO Brains 2 Infinity