This Orbital Shower Reservation Agreement (the “Agreement”) between you as a consumer and Swedish legal entity Orbital Systems AB (Orbital, we or us), is for your reservation of an Orbital Shower from us. As we launch the sale of the Orbital Shower system in your geographical region, we will contact you to formally place your order.
By entering into this Agreement, you confirm that you at least 18 years old and reside in the United States, and you reserve the right to order an Orbital Shower for private use by us when we launch the Orbital Shower for sale in your country and will be provided a reservation sequence position. This Agreement does not constitute the sale of any product.
The Reservation Payment is fully refundable at any time (for example, if you choose to cancel or abandon your reservation, or if we decline to launch in your country). THIS AGREEMENT DOES NOT CONSTITUTE AN AGREEMENT FOR THE SALE OF AN ORBITAL SHOWER OR ANY OTHER PRODUCT AND DOES NOT LOCK IN PRICING, A PRODUCTION SLOT, OR AN ESTIMATED DELIVERY DATE. YOU ARE UNDER NO OBLIGATION TO PURCHASE A PRODUCT FROM US, AND WE ARE UNDER NO OBLIGATION TO SELL YOU ANY PRODUCT. IF AND WHEN WE NOTIFY YOU THAT IT IS TIME TO PLACE YOUR ORDER AND YOU WISH TO PROCEED WITH THE PURCHASE OF SUCH A PRODUCT, SUCH SALE AND PURCHASE WILL BE GOVERNED BY A SEPARATE AND LEGALLY BINDING PURCHASE AGREEMENT BETWEEN YOU AND US, OR ONE OF OUR AFFILIATES OR PARTNERS.
This Agreement becomes effective when we have received both your: (1) confirmation of the content of this Agreement and(2) Reservation Payment in the amount and form stated in the PaymentInstructions provided to you during the Reservation process. You may execute this Agreement by either: (i) acknowledging and accepting this Agreement online or; (ii) submitting a signed Agreement to us. You may make your Reservation Payment by the means described in the Payment Instructions. Once this Agreement becomes effective, you will be placed on the Orbital Shower reservation list in your country and will receive communications about the product and about us.
When the launch of Orbital Showers for your region nears, we provide you with any necessary additional information and ask you to confirm your intent to purchase the product, configure options and provide us with the necessary details to enter into our Purchase Agreement. The current version of the Purchase Agreement, which can be updated at our convenience, can be found here[DK1] .
If you wish to proceed to purchase your Orbital Shower/s, you will have to enter into the Purchase Agreement and comply it, meaning that you will have to pay the full purchase price for the product and provide us with the necessary shipping information etc. Please notice that taxes, duties, transport and delivery charges, and any other applicable fees may vary from country to country and cannot fully be anticipated until we have launched in your country, and can therefore be added to the total price when you place your product order. At the time you enter into the Purchase Agreement, your Reservation Payment will be deducted from the total price of the Orbital Shower purchase price. These procedures may be subject to change.
While we strive to offer the Orbital Shower to the same purchase price as when you make your non-binding Reservation Payment, the final purchase price may vary from region to region due to taxes, duty and other charges and is subject to change until agreed upon in an executed Purchase Agreement.
If you don’t want to enter into a Purchase Agreement at the time that you are contacted by us with information about the Orbital Shower launch in your country, you have the option to relinquish your pre order sequence position and defer to a later position to be determined by us (only one deferral is permitted). If you do not communicate your decision to us within thirty(30) days of notification to place your order, you will automatically be granted your one deferral and we will defer your reservation position. ThisAgreement is not transferable or assignable to another party without the prior written approval of Orbital. If you instead communicate that you don’t want to enter into a Purchase Agreement at all, you will be removed from your reservation sequence position and your Reservation Payment will be refunded. Please note that it may be difficult for us to refund your Reservation Payment if you do not respond to our communication or notifications.
We will establish your reservation sequence position in your country in our sole discretion. We may decline reservations to avoid over-subscription or as we deem appropriate in our sole discretion. If your reservation is declined or we decide to cancel your reservation, you will be notified and your Reservation Payment will be refunded.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY OF ANY KIND IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER. UNDER NO CIRCUMSTANCES WILL WE BE HELD LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE UNDER ANY STATUTE OR LAW OR OTHERWISE ARISING OUT OF OUR BREACH OF THIS AGREEMENT. IF WE ARE HELD LIABLE FOR ANY DAMAGES RELATED TO YOUR RESERVATION OR THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE RESERVATION PAYMENT PAID TO AND HELD BY US.
You understand that Orbital may not have completed the development of the Orbital Shower that will be marketed and soldin your country. You also acknowledge that, if you reserve an Orbital Shower, it may not be delivered to you until Q3 2023 or later. You also agree that we will not hold your Reservation Payment separately or in an escrow or trust fund or pay any interest on Reservation Payments.
This Agreement is governed by the laws of Sweden, without regard to its conflict of laws provisions. The English version of this Agreement shall govern to the extent not prohibited by law in your jurisdiction. Any disputes related to this agreement shall be settled by Swedish courts.
211 22 Malmö
Phone +464 0 619 55 50