These Pre-Order Terms and Conditions (“Terms”) govern the placing of pre-orders ("Pre-Order") with FOTO CLS (“we”, “ us”, or “FOTO CLS”) for our products and other accessories ("Products"). Please read these Terms carefully before submitting your Pre-Order of any Products. By submitting your Pre-Order, you agree to be legally bound by these terms.
1. Pre-Order Reservation
When placing a Pre-Order on Fotocls.com, 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. FOTO CLS shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information.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 FOTO CLS may decline or delay reservations to avoid oversubscription or as it deems appropriate, provided that we will make efforts to inform you, and that you will be entitled to a full refund of the purchase Price.
You will be charged RM500 as deposit at the time of placing the Pre-Order. Your placing of a preorder constitutes your express agreement to FOTO CLS of charging RM500 deposit of the Products at such time.
FOTO CLS will fulfill order 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.
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 FOTO CLS 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, FOTO CLS 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. We will provide you periodical updates with respect to such delivery schedule. If for any reason you decide that you do not wish to continue to wait for your Product, you may cancel your reservation as provided for in Section 6 below.
Products price for not-yet-released items sometimes changes between the time the item is listed for sale and the time it is released and/or shipped. Whenever you pre-order a physical item displaying the “Pre-order” message on the product detail page, the price we charge when we ship it to you will be the lowest price offered by Fotocls.com between the time you placed your order and the end of the day of the release date.
You or FOTO CLS 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 you do so prior to our notice of delivery, you will obtain a refund of the purchase Price without interest. If FOTO CLS cancels your reservation you will receive a full refund of the purchase Price without interest (and you will not pay any processing fee).
7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL FOTO CLS BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT. IN THE EVENT FOTO CLS 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 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. Customer Information
10. Changes to the Terms
FOTO CLS reserves the right to change any of the terms for any or no reason.