Webshop Terms & Conditions
(Revised October 1, 2023)
Please read these conditions carefully. You should not complete your purchase of Goods until you have carefully read and agree with this Agreement.
Movella Inc. and/or its affiliates ("Movella") provide website features and other products and services to you when you visit or shop at this site, use Movella products or services, or use software provided by Movella in connection with any of the foregoing (collectively, "Movella Services"). These Webshop Terms and Conditions (this “Agreement”) shall govern the use of the Movella Services and the purchase of Goods through this site. By completing your purchase, you indicate your acceptance of the terms of this Agreement. The term “you” refers either to you as a purchaser of Goods if you’re purchasing for yourself as an individual, or to your company, school or other organization (an “Entity”). If you are purchasing for or on behalf of an Entity, by submitting the purchase you represent that you have the authority to conduct such purchase and that the Entity will be bound by the obligations set forth in this Agreement.
We may modify the terms of this Agreement from time to time without notice to you. The version of the terms in effect at the time of your Order shall apply and govern with respect to your purchase. By using submitting your order you represent that you are over the age of 18.
1. Definitions The following capitalized terms have the meanings ascribed thereto for purpose of this Agreement.
“Goods” shall mean all products, supplies and accessories purchased by You in the Order.
“Order” means the online purchase transaction for your purchase of Products from us.
“Intellectual Property Rights” mean any patent, trademark, service marks, copyrights, trade secrets, ideas, concepts, know-how, techniques or other proprietary right related to the Goods and any documentation related to the Goods or Software provided by us.
“Site“ means the ecommerce website hosted and offered by us through which these terms are provided and through which you are able to purchase Goods from us.
“Software” shall mean computer software programs or firmware, in object code form.
“Third Party Products” shall mean any products of a third party vendor (i.e., products that are not branded as a Movella product or are otherwise clearly identified as a third party’s product) that are available for purchase through the Site.
2. Sole Agreement This Agreement, together with the Order, constitutes the entire agreement between us with respect to your purchase of Goods and use of the Movella Services. They supersede all prior and contemporaneous representations, proposals, discussions, and communications, whether oral or in writing, with respect to the Order and this Agreement.
3. Prices and Taxes Prices shown for Goods prices exclude all sales taxes, use taxes, value-added taxes, and any other similar taxes related to the sale of the Goods. You are responsible for all such taxes, duties and charges due on the sale, which may be charged at checkout and will be shown on your receipt or sale confirmation. Payment in full shall be due when you place your Order.
4. Privacy Policy; User Information You will be required to provide certain information to us in connection with your Order. Our use of any information you provide shall be governed by our Privacy Policy available here. We urge you to read our Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of the information you provide to us and you agree to our use of your information for purposes of your Order.
5. Delivery Delay We will use commercially reasonable efforts to deliver Goods within the delivery time referenced in your Order, however, a number of factors outside of our control will affect delivery schedules and a delivery may be delayed. We shall have no liability for any delay in delivering the Goods and we will notify you in the event we become aware of any applicable delay.
6. Limited Product Warranty, Third Party Products Movella’s Limited Product Warranty shall apply for purchased Goods. The Limited Product Warranty is found here. No other warranty is provided and all other warranties, express or implied are disclaimed. You acknowledge that the Goods are neither designed for, nor intended for use in, or authorized for military/aerospace applications or environments, or for use in life support, life sustaining, nuclear, or other applications in which the failure of the Goods or Software could reasonably be expected to result in personal injury, loss of life or catastrophic property damage. Any such use is solely at your risk and not covered by warranty. Our Limited Product Warranty does not apply to Third Party Products. The terms and conditions of the third party’s warranty and any other corresponding terms that may be stated or linked on the Site will apply to your purchase of the Third Party Products. Movella shall bear no responsibility for the performance, repair or warranty of any Third Party Products and Company shall look solely to third party vendor for all remedies and support with regard to such Third Party Products.
7. Export Compliance You acknowledge that product and any related software and technology, including technical information supplied by Movella or contained in documents (collectively “Items”), may be subject to export controls. You acknowledge and agree that Goods or technical data cannot be resold, exported or re-exported to any of the following countries or regions: Cuba, Iran, North Korea, Syria, Belarus, Russia, the Crimea region of Ukraine, the so-called Luhansk People’s Republic or the so-called Donetsk People’s Republic, or to any other countries or regions, entities or persons to which the resale or export of Goods or technical data would be subject to sanctions or embargoes. You agree that you will neither export or re-export to any such prohibited destination or make available to denied parties any technical data or products received hereunder. You agree to indemnify us and hold us harmless from any claims asserting non-compliance or violation of such export laws and regulations or breach of this Section.
8. Laws and Dispute Resolution This Agreement shall be governed by and construed in accordance with either (i) the laws of the State of Nevada, USA, with respect to sales accepted in North America (NA Sales), or (ii) the Netherlands with respect to sales accepted outside of North America (Non-NA Sales), without regard to the conflict of laws provisions thereof. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. The governing language for this Agreement shall be English, and no concurrent or subsequent translation of this Agreement into any language shall modify any term of this Agreement. All disputes arising out of or relating to this Agreement, or the breach thereof, shall be settled by the competent court located in Henderson, Nevada with respect to claims arising in connection with NA Sales, or in Almelo, The Netherlands with respect to claims arising in connection with Non-NA Sales, without prejudice to our right to bring suit against you before any court that would have jurisdiction in the absence of this Section. Either party may, without waiving any remedy under this Agreement, seek from any court of competent jurisdiction any interim or provisional relief that such party deems necessary to protect its confidential information and property rights.
9. Proprietary Rights Any Software embedded or installed on Goods is provided under limited license for use in object code form in the manner embedded or installed on the Goods, and you shall have the right to use such Software only as so embedded or installed on the Goods and not separately. We or our licensors shall retain all ownership the Software, including all Intellectual Property Rights therein. We shall retain at all times the ownership of all Intellectual Property Rights associated with the Goods and Software, and no right, title or interest in or to any Software or any Intellectual Property Rights is transferred to you. If any Software license is sold as a Good on the Site, the terms of the corresponding end user license agreement (located here ) for such Software will apply and govern the use of the Software.
10. Limitation of Liability IN NO EVENT SHALL MOVELLA HAVE ANY LIABILITY RELATED TO THE ORDER OR THIS AGREEMENT FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF GOOD WILL, USE BUSINESS REPUTATION OR OPPORTUNITY, OR FOR ANY DAMAGES RESULTING FROM OR ASSOCIATED WITH THE USE OF THE GOODS FOR MILITARY OR AVIATION PURPOSES , HOWSOEVER ARISING, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT ONLY TO THE EXTENT NOT PERMITTED BY APPLICABLE LAW, OUR LIABILITY UNDER THIS AGREEMENT FOR ANY DIRECT DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE ORDER OR THIS AGREEMENT (WHETHER ARISING UNDER TORT, NEGLIGENCE, CONTRACT, WARRANTY, STRICT LIABILITY OR ANY OTHER CAUSE OR COMBINATION OF CAUSES) SHALL IN NO EVENT EXCEED THE SPECIFIC PRICE OF THE GOODS PAID BY YOU FOR THE GOODS IN CONTROVERSY.
11. Refunds and Return Movella attempts to be as accurate as possible. However, Movella does not warrant that product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by Movella itself is not as described, your sole remedy is to return it in unused condition. Except only for such limited right to return a product based on an inaccurate description or for products returned under the Limited Product Warranty, returns are not accepted and no refunds shall be made.
12. Licensed Use Subject to your compliance with this Agreement, and your payment of any applicable fees, Movella or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Movella Services. This license does not include any resale or commercial use of any Movella Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Movella Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by Movella or its licensors, suppliers, publishers, rightsholders, or other content providers. No Movella Service, nor any part of any Movella Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Movella. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Movella without express written consent. You may not use any meta tags or any other "hidden text" utilizing Movella's name or trademarks without the express written consent of Movella. You may not misuse the Movella Services. You may use the Movella Services only as permitted by law. The licenses granted by Movella terminate if you do not comply with this Agreement.
13. Severability and Headings If any provision or portion of this Agreement shall be adjudged invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, that provision or portion of this Agreement shall be deemed omitted and the remaining provisions and portions shall remain in full force and effect. The headings in this Agreement are for ease of reference only and shall not be used to construe or interpret the provisions of the Agreement.