Terms of Sale

Deep Sym Ltd Terms of Sale

This page (along with our Privacy Policy and Terms of Use) informs you of the legal terms and conditions (Terms) on which we provide you with the products (Products) listed on our website (our Site) and tells you about us. These Terms will become part of any contract between us for the sale of Products to you (Contract).

These Terms remain valid for you, and you must read these Terms carefully and make sure that you understand them, before you place an Order with us from our Site. You should print off or save a local copy of the Terms for your own records. We may revise these Terms from time to time in the manner described in clause 4. Please read these Terms each time you want to order products to see if you understand what terms will apply at that time. Last updated: with these Terms, was in October 2024.

These Terms and our Privacy Policy and website Terms of Use hereof are all together the full understanding between you and us. You agree that you confirm that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms of Sale or our Privacy Policy and website Terms of Use.

INFORMATION ABOUT US

1.1 We operate the website www.deepsym.com. We are Deep Sym Ltd, a company registered in England (Company Number 12470796), registered office of 4 Maxilla Walk, London, England, W10 NQ.

HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

2.1 The steps required to place an order on our site are enabled via our website at www.deepsym.com.

2.2 Our ordering process will allow you to review and confirm your order and you will be able to amend any mistakes before you submit your order to us. Read and confirm (or not) your order at each of the pages of the order procedure.

2.3 Your order is an offer to purchase. When you make an order, we will send you an email confirming that we have noted your order. It is important to realize that this does not constitute acceptance of your order. We accept your order in the manner set out in clause 2.4.

2.4 You will receive an email to confirm our acceptance (Dispatch Confirmation Email) when the products have been dispatched. A Contract between us will be formed only when we send you a Dispatch Confirmation. You will be able to track your delivery with the carrier tracking id in the Dispatch Confirmation.

2.5 With regard to pre-ordered products, we will notify you of our acceptance by sending an email confirming that the Products will be dispatched when they come into stock (Dispatch Confirmation). We will only accept your order when we send you the Dispatch Confirmation and the Contract between us will only be formed at that point. The Estimated Delivery Date will be as stated on our site when your order was placed (“Estimated Delivery Date”) and specified in your Dispatch Confirmation.

2.6 If we are unable to supply you with a product for any reason, for example because that product is no longer available or because of an error in the price on our site as referred to in clause 8, we will inform you of this by e-mail and we will not process your order. We will refund you the total amount you already paid for the Products, as soon as possible, if you have already paid for the Products and/or if you paid any deposit at all.

OUR PRODUCTS

3.1 The images of the Products on our site are for illustrative purposes only. We have made efforts to show the products in the form factor and colours as closely to reality as possible, however we cannot guarantee that the colours offered in products are displayed, accurately or at all, by your computer’s display. Depending on engineering, technical or aesthetic reasons, the form part of your order may differ.

3.2 Images of the Products on our site may differ from their packaging and/or accessories.

3.3 All Products listed on our site are subject to availability. We will notify you by e-mail in the shortest possible delay if the ordered product is not available, and we will suspend processing your order until the product becomes available except for products posted on our site as being under development/production and not yet in stock but available for pre-order (Pre-Ordered products).

3.4 The images of pre-ordered products on our site are only an example of the product and design and colour may vary during development. We do our best to keep you informed of any variations by updating the images on our site from time to time. 3.5 We may change the products to reflect changes in the relevant laws and regulatory requirements or to implement minor technical adjustments and improvements. These changes will not impact your use of the product.

OUR RIGHT TO VARY THESE TERMS

4.1 We may make changes to these Terms from time to time. For the date of the latest revision to these Terms, please refer to the top of this page.

4.2 From time to time we may update these Terms in the following circumstances: (a) variations in how we receive payments from you; or (b) updates to applicable laws, statutes or regulations.

4.3 Whenever you order products from us, the Terms in force at the time of the order will apply to the Contract between you and us.

4.4 If we must revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes. You can make them relative to all the affected products or only the ones you are getting but haven’t received yet. If you choose to cancel, you will be required to return any relevant products you have received as per our Return Policy.

GENERAL

5.1 Our products on our site may only be purchased if you are at least 18 years of age if you are a customer.

5.2 If you are the Customer: we are obliged by law to supply products which.

(a) are as described, fit for purpose and of satisfactory quality; and

(b) match any sample or model you have seen. You might have the following rights under the law as a customer when it comes to goods that are defective or not described.

5.3 If you are a business customer you confirm that you have authority to bind any business on whose behalf you use our site to purchase products.

5.4 We may at our sole discretion limit or cancel quantities purchased per person, per household or per order. We will, in our sole discretion, determine whether to limit or prohibit sales to any person, per household or per order. These limitations may apply to orders from or under the same customer account, the same credit card, and/or orders that include the same billing and/or shipping address. If we cancel an order or change an order, we will try to notify you by contacting the e-mail and/or billing address/phone number you provided when you placed the order. We reserve the right, in our sole discretion, to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

DELIVERY

6.1 This clause shall apply only to products which are not Pre-Ordered Products. Your order is shipped within 2-5 business days of the order date, you will be notified by our carrier of tracking id and estimated delivery date. From time to time, our delivery to you may be impacted by an Event Outside Our Control. See clause 13 for what we will do if this happens.

In such other case, if we fail to meet the Estimated Delivery Date for your products you can cancel your order immediately if any of the below apply:

(a) We have declined delivery of the products.

(b) A timely delivery by the Estimated Delivery Date was essential (considering all the relevant circumstances); or

If you do not want to cancel your order immediately, or do not have that right under clause 6.1, you can give us a new delivery date, which must be reasonable and cancel your order if we do not deliver on that date. If you do want to cancel your order under this clause 6.1, you could either do so in respect of just some of the products, or all of them.

You will be liable to return the products to us, if they have been delivered to you, in accordance with our return policy. We will return any sums you paid to us in respect of cancelled products after you cancel your order.

6.2 This clause is applicable for only Pre-Ordered Products. Sometimes our delivery to you may be prevented by an Event Outside Our Control.

Clause 13 sets out what we would be responsible for if such a situation arises. In other circumstances, where we are unable to complete your order within fourteen (14) days from the order date, we will notify you by email as soon as possible of this fact and provide an estimated delivery date (Revised Estimated Delivery Date). If you do not wish to proceed with your order, please contact us at kira@deepsym.comm and we will continue to process your order, and the Revised Estimated Delivery Date will apply. If you do tell us that you do not want to go ahead and you have already paid for the products or have paid any deposit, we will refund you in full as soon as possible of the amount that you have paid. If we miss an Estimated Delivery Date or a Revised Estimated Delivery Date, then you may cancel your order immediately if:

(a) we have withheld delivery of the Products.

(b) that a delivery by that Revised Estimated Delivery Date was of the essence (considering all the relevant circumstances); or

(c) that you notified us prior to the acceptance of your order that delivery by the Estimated Delivery Date was of the essence, or you notified us when we advised you of a Revised Delivery Date that the Revised Delivery date was of the essence.

If you do not want to cancel your order straight away or do not have the right to do so under this clause 6.2, you can set us a new deadline for delivery, which must be reasonable, and may cancel your order if we do not meet the new deadline. If you do cancel your order under this clause 6.2, you may do so in respect of only some of the products or all. If goods have been delivered to you, you will need to return them to us according to our Return Policy. If you cancel your order, we will reimburse you all payments received from you for the cancelled products.

6.3 Delivery shall be deemed to be completed upon you, or a carrier organised by you collecting the products from us.

6.4 The products shall be deemed delivered to you and you shall assume all risk in relation to the products from the moment delivery is completed.

6.5 You own the products once we have received payment in full (in cleared funds) of all other sums due to us including all applicable delivery charges, and we have delivered the products to you.

6.6 If nobody is at your address when the products are being delivered and the products cannot be posted through your letterbox, we or our courier will leave you a note informing you how to rearrange delivery or collect the products from a local depot.

6.7 If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will also contact you for further instructions and may charge you for storage costs and any further delivery costs. If we are unable to contact you during reasonable hours or attempt to re-arrange delivery or collection we've to end the contract and clause 14.4 will apply.

INTERNATIONAL DELIVERY

7.1 If you order products from our site for delivery to a place outside the UK, your order may be subject to import duties and taxes which are applied when delivery reaches that place. Please bear in mind that these charges are beyond our control, and unfortunately, we will not be able to predict their amount.

7.2 Any such import duties and taxes will be your responsibility. Contact your local customs office for more information before you place your order.

7.3 You shall comply with all the relevant applicable laws and regulations of the country to which the Products are destined. You must not violate any such rule, and we shall have no liability and of our relating parts to you in the event you do.

PRICE OF PRODUCTS AND DELIVERY CHARGES

8.1 The price of the products will be quoted on our site from time to time. We have taken all reasonable care to ensure that prices of products are correct at the time when the relevant information was entered onto the system. But if we find an error in the price of any of the products you ordered, clauses 8.4 will apply.

8.2 Prices for our products may trade periodically, however change will not influence any order you’ve already placed.

8.3 The price of a product exclusive of delivery charges or taxes. We will advise you of our delivery charges in the check-out step of your order just prior to order confirmation. Relevant delivery charges are available to view on our Delivery & Return page.

8.4 It is always possible that, despite our reasonable efforts, some of the products on our site may be incorrectly priced. If we inform you about the error on the price of the products you have ordered, we will correct you in writing about this error and you will have the right to proceed with your purchase at the right product price or cancel your order. Order cannot be processed without your instructions. If we cannot reach you at any of the contact details provided at the time of your order, we will consider your order as cancelled and confirm the same in writing. Take note: if the pricing error is obvious and noticeable and would have reasonably been recognised by you as meant to be at a different price, we are not obliged to provide the Products to you at the incorrect (lower) price.

HOW TO PAY
9.1 Products may be paid for using a debit card or credit card, or by PayPal account. We accept the cards as mentioned on our site.

9.2 Payment of the products and all applicable delivery costs shall be made in advance.

OUR WARRANTY FOR THE PRODUCTS

10.1 We warrant that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects and will conform in all material respects with their Product Description defined at Sym’ website. Clause 10.2 applies to the circumstances when warranties do not apply.

10.2 The warranty in clause 10.2 shall not be applicable to any defect in the products due to:

(a) wilful damage, unusual storage or working conditions, accident, negligence of you or by any third party.

(b) you do not use or operate the products in accordance with the user instructions; or

10.3 If you are in the United States, the warranty grants you certain Legal Rights, but you may have other rights that vary from State to State. This Warranty may also be its own document provided with the products. All implied warranties (Including, without limitation, any warranties of Merchantability and/or Fitness for a Particular Purpose) shall be limited in time to this warranty, to the extent allowed by Applicable Law. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you. If the product is defective, our responsibility is limited to repair or replacement only. Our liability for defective services is limited to repair or replacement.

10.4 If you are a customer, you have other legal rights in relation to products that are faulty or not as described.

The products are not intended to diagnose, treat, cure or prevent any disease and is not intended to supersede the relationship between you and a health-care provider.

OUR LIABILITY IF YOU ARE A BUSINESS

11.1 Nothing in these Terms limit or exclude our liability for:

(a) death or personal injury resulting from our negligence.

(b) fraud or fraudulent misrepresentation.

11.2 Without prejudice to Clause 11.1 above, in no event will We be liable to you in any way, whether in Contract, Tort (Including Negligence), breach of statutory duty or otherwise, arising under or in connection with the Contract for:

a) Any loss of profits, sales, business, or revenue.

b) loss or corruption of data, information, or software.

c) Business opportunity lost.

d) Loss of expected savings

e) Loss of goodwill; or

f) Indirect, incidental, special, exemplary, punitive or consequential loss damages, even if such damages were foreseeable and seller has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose.

11.3 Subject to Clause 11.1 and Clause 11.2 above, our entire liability to you in respect of all other losses arising under or in connection with the contract, endeavour in Contract, Tort (Including Negligence), Breach of Statutory Duty or otherwise, shall in no circumstances exceed the price for the products and any delivery charges paid by you.

11.4 Except as expressly provided in these terms, we give no representation, warranties or undertakings in relation to the products. Any representation, condition or warranty which would otherwise be implied or incorporated into these Terms by Statute, Common Law or otherwise is excluded to the fullest extent permitted by Law. We will not be responsible if the products are not fit for your purpose. We only provide the products for the internal use of your business. You agree not to resell or otherwise exploit the products.

OUR LIABILITY IF YOU ARE A CUSTOMER

12.1 We are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. (It is foreseen that loss or damage of that type will occur if it is an obvious result of our breach, or if it was contemplated by you and us at the time we entered the Contract.)

12.2 We only supply the products for domestic and private use. You are not using the product for any commercial, business or resale purpose, and we have no liability to you for loss of profit, loss of business, business interruption or loss of business opportunity.

12.3 Nothing in this section shall limit or exclude our liability for:

a) death or personal injury because of our negligence.

b) Fraud or fraudulent misrepresentation.

c) any matter which it would be unlawful for us to exclude or restrict liability. (d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples).

e) defective products under the Consumer Protection Act 1987.

f) or any other liability which cannot be excluded or limited under applicable law.

12.4 If You reside in the United States, then to the maximum extent permitted by Applicable Law, Your sole and exclusive remedies with respect to any breach of this Limited Warranty shall be as set forth in Clause 10, and shall constitute our entire obligation and liability to You in connection with any such breach; In all circumstances our liability will be limited to the actual amount paid by you for the defective product or service that you purchased via the site in respect of which a claim arises under this agreement and, in no event shall we be liable for: any loss of production, work, data or use; loss of business, loss of goodwill, loss of reputation, loss of revenue or profit, any diminution in value; costs of replacement goods or services; or any consequential, incidental, special or punitive damages or losses, whether direct or indirect.

12.5 If you reside in the United States, some States do not permit the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to you.

EVENTS OUTSIDE OUR CONTROL

13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is when defined in clause 13.2.

13.2 An Event Outside Our Control is defined as any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, disease or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

13.3 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.

a) we will notify you as soon as reasonably possible after becoming aware of any such loss, theft or misuse; and

b) our obligations under a Contract will (to the extent that they are affected by the Event Outside Our Control) be suspended and the time for performance of our obligations will be extended for the duration of any Event Outside Our Control. If an Event Outside Our Control which affects the delivery of Products to you occurs, we will consult with you to agree a new delivery date, which will be as close to the original date as possible. Cancellation by you Due to an Event Outside Our Control.

13.4 Subject to Clause 13.3, you may cancel a Contract affected by an Event Outside Our Control which has continued for more than thirty (30) days. To cancel, please contact us. Should you choose to cancel, you must return (at our expense) any relevant Products that have already been received by you and we shall refund you with the price you have paid including any delivery charges.

TERMINATION OR CANCELLATION
14.1 If you are a customer then this Clause 14 will apply to you.

14.2 You are free to terminate your contract with us at any time. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

a) if you have bought something that is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all your money back).

b) End the contract says when we are allowed to end the contract for what you have done or what you told us you are going to do, see Clause 14.3

c) If the product has been returned and you have just changed your mind about the product, see Clause 14.4. depending on when you’re cancelling, you can get a refund, but it might be subject to deductions, and you’ll have to pay the costs of return of any goods.

d) We are not at fault (and you do not have a right to change your mind), see Clause 14.6.

14.3 If you are terminating a contract for a reason set out at (a) to (e) below the contract will terminate immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

a) you have told us about an upcoming change to your product or these terms which you do not agree to.

b) we have informed you of an error in the price or description of the product you have ordered, and you do not wish to continue.

c) the supply of the products may be substantially delayed by events outside of our control.

d) we suspend supply of the products for technical reasons or notify you that we are going to suspend supply of the products for technical reasons, in each case for a period of more than 90 days: or

e) you have a legal right to withdraw from the contract because we have done something wrong, (including late delivery).

14.4 If you are based in the United Kingdom, for most of the products bought online you have a legal right to change your mind within 14 days and receive a refund. You have rights, under the Consumer Contracts Regulations 2013, which are explained in more detail in these terms.

14.5 You can change your mind. We believe in our products and our confidence in them has enabled us to extend our Returns Policy to 40 days. If you don’t want to keep your device and it hasn’t been damaged, you can return it for a refund within 40 days of having received it from the shipping carrier. Under Clause 10.1, if your Sensate is reasonably determined to be defective, we will replace or refund your purchase within 12 months.

14.6 You do not have a right to change your mind in respect of products which are sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.

14.7 If you terminate the contract for any reason after products have been dispatched to you or you have received them, you must return them to us in accordance with the Returns Policy.

14.8 We will bear the costs of return;

a) That the Products are faulty or misdescribed.

b) if you are terminating because we have informed you of an upcoming change to the product or these terms, an incorrect price or description, a delay in delivery caused by events beyond our control or because you have a legal right to do so because of something we have done wrong.

14.9 Other than in the matters set out above, you shall be liable to pay the costs of the return.

14.10 If you are responsible for the cost of return and we are collecting the product from you, we may charge you the direct cost to us of collection.

14.11 We will reimburse you the price paid for the products including delivery costs, using the method of payment you used. However, we might deduct from the price, as explained below.

14.12 If you are exercising your right to change your mind, we may deduct from any refund of the price (excluding delivery costs) a proportionate amount for the drop in value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before inspecting the goods and subsequently, discover that you have handled the goods in an unacceptable manner, you will be required to pay us an appropriate amount.

14.13 We will provide you with any refunds due to you as soon as possible. If you are exercising your right to rethink, then:

a) In cases where the products are goods and you have not chosen to collect them, we will make your refund within 14 days following the day we received the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.

b) In any other case, your refund will be processed within 14 days of informing us that you have changed your mind.

14.14 The contract for a product is formed when you place your order and we send you confirmation of that by emailing you and we may end the contract for a product at any time by writing to you, if:

a) you fail to make a payment to us when it is due, and you still fail to make payment within 14 days after we have reminded you that payment is due.

b) you do not, within the reasonable period that we will ask for it, supply us with the information that we need to supply the products, for example your delivery address.

c) you do not, within a reasonable time, accept delivery of the products or collect them from us; or

d) you do not provide, within a reasonable time, access to your premises for us to supply the services.

COMMUNICATIONS BETWEEN US

15.1 When we use the term “in writing” in these Terms we mean such as ‘in writing’, which includes e-mail.

15.2 If you are a consumer, contact us.

a) To exercise your legal right to cancel a purchase you just need to let us know that you have decided to cancel. An easy way to do this is to make your request at kira@deepsym.com. If you are using this process, we will email you to acknowledge receipt of your cancellation. And if you are emailing us or writing to us, please include details of your order so that we can identify it. However, if you send us your cancellation notice via email, then your cancellation will take effect on the date we receive the email from you.

b) To contact us for any reason other than to terminate this agreement (for example, if you have any complaints), please contact us by emailing us at kira@deepsym.com

c) If we must contact you or give you notice in writing, we will do so by e-mail or by pre-paid post or to the address you provide to us in your order.

15.3 If you are a business, any notice or other communication given by you to us, or by us to you, under or in connection with the contract shall be in writing and shall be delivered personally, sent by prepaid first class post or other next working day delivery service or e-mail. Any notice served by you to us, or by us to you, shall be deemed delivered and properly served immediately upon posting on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it may be sufficient, if in the case of a letter, to prove that such letter was properly addressed, stamped and posted, and in the case of an email, to prove that such email was sent to the specified email address of the person to be served. Nothing in this clause shall affect the right to serve process in any other manner permitted by law.

OTHER IMPORTANT TERMS

16.1 We may transfer our rights and obligations under a contract to another organisation and we will let you know if that happens, but this will not affect your rights or our obligations under these Terms.

16.2 You must not transfer your rights or your obligations under these Terms to another person without our prior written consent. But if you are a customer and you buy a product as a gift, you may transfer your benefit under our warranty in clause 10 above to the person who receives your gift without our having to provide consent.

16.3 This Agreement is between you and us. Subject to the other provisions of this agreement, nothing in this agreement shall confer on any third party any right to enforce any of its terms (whether under the contracts or otherwise).

16.4 Each of the paragraphs of these Terms works separately. If any court or competent authority finds any of them unlawful or unenforceable, such sections shall be deemed severable, and the remaining paragraphs shall remain in full force and effect.

16.5 If for any reason we fail to enforce any one or more of your obligations under these Terms, or we don’t take action against you in respect of your breach of those rights, or we do take action but delay in taking action against you, this will not mean that we have waived any rights against you and will not mean that you do not need to comply with the obligations. If we waive a default by you, we will do so only in writing, and that will not mean that we will automatically waive any later default by you.

16.6 The parties shall make all reasonable efforts to resolve any dispute, controversy or claim arising out of or in respect to this Agreement on an informal basis between themselves.

This will be done in case that such dispute cannot be solved informally within 60 days of one party notifying to the other party that there is a dispute between them, in which case either party may submit his or her dispute for resolution through any mediation service mutually agreed upon by the parties.

The parties will cooperate with each other with respect to choosing a mediation service and will use commercially reasonable efforts in participating in the mediation. The parties share equally in all fees and costs incurred in the mediation. If the parties have not resolved the Dispute as required by this clause, they may only then litigate the Dispute in accordance with clause 16.7 (unless that prejudices a party).

16.7 This Contract shall be governed by and construed in accordance with English law and each party irrevocably submits to the exclusive jurisdiction of the English courts in respect of all disputes arising out of or in connection with this Contract.

If you are a customer and reside in Scotland or Northern Ireland, you may also bring legal proceedings in either your country of residence or in England. Customers who are making a claim, may bring legal proceedings in the State of New York or in England if you are a customer and reside in the United States.

We exclude the United Nations Convention on Contracts of the International Sale of Goods.

16.8 If litigation should proceed in the United States, then to the maximum extent permitted by applicable law, each party hereby irrevocably and unconditionally waives any right. It may have a jury trial in any lawsuit, action, proceeding, claim or counterclaim. It could have grown out from, or in relation to, this agreement.