Opporize PTY (Company number 11383008), trading as Forbrain UK and here as will be referred to as “Forbrain” for the purposes of these terms and conditions.
FORBRAIN® TERMS OF SALE
These are the Terms of Sale (“Terms”) that apply between you and Opporize PTY (T/A Forbrain)., whose principal place of business is at 11 Corte Jago, Bassett Walk, Truro, Cornwall, TR1 2GN, UK, when you purchase Forbrain® devices or accessories from FORBRAIN (“Device”).
Please read the Terms carefully. By ordering or purchasing a Device you are agreeing to these Terms. If you do not understand the Terms or do not accept any part of them, do not place an order or purchase a Device, or if you already have a Device, return the Device in accordance with its return policy.
You agree that in order to process your order and to protect you and FORBRAIN from fraudulent transactions, FORBRAIN may provide your order information to reputable third parties to perform address verifications and make deliveries.
While your Device may be manufactured our sold by a third party, FORBRAIN will provide initial support for questions relating to:
- Existing orders
- Defective Devices
- General technical support for the Device
For assistance, please contact FORBRAIN : email@example.com
Ordering and Payment
When you place an order, you permit FORBRAIN to charge the credit card, debit card or other payment method in the total amount of your order (including any shipping and handling charges and taxes).
FORBRAIN reserves the right to reject your order. For example, FORBRAIN may reject your order if you do not live in a country where a delivery can be made or you order more than the permitted maximum number of Devices.
When your order is accepted by FORBRAIN, we will send you an email which will include details of your order and a second email which will include the delivery agent details, the tracking number of delivery and the serial number of the device that you should refer to if you have any follow up queries. The serial number will also be printed on your device.
You are informed that FORBRAIN is a company based in Hong-Kong and the payment is processed in Hong-Kong country. International payment may be subject to fees applied by your bank institution. We invite you to contact your bank to know more about their fees policy for international payment.
At this time, deliveries cannot be made to P.O. boxes and/or military addresses. When placing an order, please make sure to provide a valid shipping address. Also, please be sure to use caution when shipping orders to commercial locations, as FORBRAIN is not responsible for lost packages that have been successfully delivered.
We may not be able to deliver to all locations such as RUSSIA or many AFRICAN countries for example. FORBRAIN may, at its discretion, decline to ship Devices to certain addresses. If FORBRAIN chooses not to ship a Device, we will send you notice and you will not be charged for your order. If a charge has already been made for items that are not shipped, that charge will be reversed using your initial payment method.
If a Device cannot be successfully delivered because you have provided incorrect or incomplete delivery information, the Device will be returned to FORBRAIN or his representative. In that case you will not be charged for the Device (or charges already incurred will be reversed using the initial payment method), but you may be charged for shipping and handling (or such charges will not be reversed) which will be automatically estimated to 20% of the global price of your order (including taxes). If a Device is not successfully delivered for any other reason you will not be charged at all and all charges will be reversed.
If you do not receive your Device, please contact the delivery agent with your tracking number. It may take 24 hours for DHL, DPD to return any information for your tracking number.
If the delivery agent is not able to inform you about your device shipment, please contact our support department at firstname.lastname@example.org. Please send us by email the serial number, tracking number and a report of your contact with the delivery agent.
We have signed an agreement with a delivery agent. We are doing our best effort to deliver the device as within 5 businesses starting the day after payment. In case the delivery agent is not able to find the place of delivery you mentioned in your order, he will try to reach you by phone or email. It is your responsibility to answer to his demand.
Once device has been ordered, FORBRAIN cannot redirect shipments which you have sent to an incorrect or erroneous address. DHL permits redirection in circumstances. If DHL has unsuccessfully attempted to deliver your package, find the tracking number in your confirmation email, contact DHL customer support and ask that your package be held for pickup in a local shipping facility.
If you’re having difficulty locating a package marked as delivered, please confirm via your tracking number details of the package delivery. After doing so, we recommend checking with housemates or coworkers to see if someone else accepted your delivery. If you’re still unable to locate your package, please contact UPS directly for further assistance and reference the name of the signature that accepted the package.
Prices, Taxes and duties
The Device price displayed on the site forbrain.com does not include any shipping and handling charges. Information about shipping and handling charges are the following and will also be presented at checkout.
All shipment charges will be presented at checkout, even if they are not displayed on the product page. All prices displayed on the Forbrain website are INCOTERM DAP (Delivered At Place) and subject to change at any time without notice.
Local or customs duties can be requested by administration depending of your location. You will not be informed of the amount of the duties during the payment procedure. You agree to take in charge these duties with no possibility of being reimbursed by FORBRAIN.
We try very hard to make sure there are no mistakes in the prices that appear on the site. In the unlikely event that a mistake happens you agree that FORBRAIN will not be bound by that incorrect price. If a mistake is discovered and you have been charged yet, we will let you know the correct price and you will be given the option to continue with your order at the correct price or cancel it.
You may not order more than the maximum number of Devices that we specify from time to time. For example, the forbrain website may contain a maximum order limit of 3 devices per person. The Device may be subject to import and export laws and regulations in specific countries. You must comply with all domestic and international import and export laws and regulations that apply to your use of the Device. These laws may include restrictions on destinations, users, and end use. You may only use the Device in accordance with the instructions that come with it, including instructions that may be available on line.
Unless, you have received a written and specific authorization from FORBRAIN, itself, YOU MAY NOT COMMERCIALLY RESELL ANY DEVICE
FORBRAIN® is exclusively sold for a personal use. YOU ARE NOT AUTHORIZED TO RELEASE, RENT OR RESALE THE DEVICE OR TO MAKE ANY OTHER COMMERCIAL ACTIVITY WITH THE DEVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, THE FORBRAIN® OR ANY DEVICE PRESENTED IN THE FORBRAIN® WEBSITE ARE EDUCATIONAL DEVICES; THEY ARE NOT THERAPEUTICAL OR MEDICAL EQUIPMENT AND THERFORE YOU CANNOT EXPECT FROM THE USE OF THIS DEVICE THERAPEUTICAL OR MEDICAL IMPROVEMENT.
YOU UNDERTSAND AND AGREE THAT FORBRAIN DO NOT GUARANTEE ANY RESULTS FROM THE USE OF THE DEVICE.
FORBRAIN® AND OTHER DEVICES PRESENTED BY FORBRAIN HAS NOT RECEIVED AGREEMENT FROM FDA OR ANY OTHER MEDICAL PUBLIC ADMINSTRATION.
YOU UNDERTSAND AND AGREE THAT THE INFORMATION AVAILABLE IN THE WEBSITE FORBRAIN.COM AS WELL AS ANY INFORMATION SEND WITH THE DEVICE ARE PURELY PEDAGOGICAL INFORMATION AND YOU CANNOT BE CONSIDERED AS THERAPEUTICAL OR MEDICAL INFORMATION OR ADVICE.
FORBRAIN® MUST BE USED UNDER THE CONTROL OF AN ADULT.
If for any reason you do not wish to keep your Device, you have up to 30 days from the date the Device is delivered to you to cancel your purchase of the Device and your contract with FORBRAIN. If you exercise your right of cancellation and the Device has been delivered to you, you are responsible for returning the Device as soon as possible and at your own cost. To initiate a return please contact email@example.com and obtain a return authorization. Upon FORBRAIN’s receipt of the returned Device, FORBRAIN will issue a refund using your initial payment method minus any applicable shipping and handling and restocking fees.
You must take reasonable care of the items that you wish to return, and we request that you return the Device with its original packaging and any accessories. Upon FORBRAIN’s receipt of the returned Device, FORBRAIN will issue a refund within a reasonable time.
During the warranty period described in the Product warranty part, if the Device is or becomes defective through no fault of your own, please contact firstname.lastname@example.org Subject to the Device warranty, FORBRAIN, in its sole discretion, may offer a replacement Device or may refer you to the applicable manufacturer of the Device for warranty support. If FORBRAIN chooses to provide you with a replacement Device, you agree that FORBRAIN may exchange the defective Device with either a new or refurbished Device.
Subject to the device warranty, the defective device will be replaced within a period of 15 days shipment included after reception of the defective device.
This warranty is provided by FORBRAIN for the FORBRAIN® Device, and is only valid and enforceable in countries where the Device is sold through Forbrain website or Forbrain affiliation number holder.
This warranty applies only to hardware components and FORBRAIN does not provide any warranty for damage caused by accidents, misuse (including failure to follow product documentation and plugging the device or other included parts into the wrong type of port), neglect, disassembly, alterations and external causes such as but not to extreme thermal or environmental conditions (including but not to moisture and heavy dust), unauthorized resale, transfer, lease, rental, gift, or commercial use. This warranty does not guarantee that used of the Device will be uninterrupted or error free.
The warranty is not applied if the serial number printed on the device is not readable for any reason imputable to the client.
EXCLUSIVE REMEDY: We warrant the Device against defects in materials and workmanship under ordinary consumer use for two years from the date of original retail purchase. During this warranty period, if a defect arises in the Device, and you follow the instructions for returning the Device, we will, at our option, either (i) repair the Device using new or refurbished parts, (ii) replace the Device with a new or refurbished Device, or (iii) refund the purchase price of the Device. This warranty applies to any repair, replacement part or replacement Device for the remainder of the original warranty period or for ninety days, whichever is longer. All replaced parts and Devices for which a refund is given will become our property.
Please contact email@example.com for specific instructions about how to obtain warranty service for your Device. In order to qualify for the remedy above, you must provide your name, contact information, and the serial number of your Device. In certain situations, you may also be required to provide a purchase receipt.
THE WARRANTY WRITTEN ABOVE IS THE ONLY EXPRESS WARRANTY FORBRAIN PROVIDES FOR THE DEVICE, AND THE ABOVE REMEDY IS YOUR SOLE REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FORBRAIN EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY OR IMPLIED, REGARDING THE DEVICE, EXCEPT THAT ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE IN DURATION TO THE TWO-YEAR PERIOD OF THE EXPRESS WARRANTY ABOVE.
Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FORBRAIN AND ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, “FORBRAIN PARTIES”) SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE DEVICE, WHETHER OR NOT A FORBRAIN PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FORBRAIN PARTIES’ TOTAL LIABILITY IN CONNECTION WITH THE DEVICE OR THIS WARRANTY WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FORBRAIN FOR THE DEVICE.
Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
No employee or representative of FORBRAIN or its affiliates or any third party is authorized to make any modification, extension or addition to this warranty. If any term of this warranty is held to be illegal or unenforceable, the remaining terms of this warranty will remain in full force and effect.
This warranty gives you specific legal rights, and you also may have other rights which vary from State to State.
Warranties; Disclaimer of Warranties
OTHER THAN THE WARRANTIES REFERRED HERE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FORBRAIN AND THE DEVICE MANUFACTURERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY DEVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FORBRAIN AND ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, “FORBRAIN PARTIES”) WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE DEVICE OR THESE TERMS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FORBRAIN PARTIES’ TOTAL LIABILITY IN CONNECTION WITH THE DEVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO FORBRAIN UNDER THESE TERMS.
Governing Law and Jurisdiction
The courts in some countries will not apply Hong-Kong law to consumers in those countries, or some types of terms and disputes. If you reside in one of those countries, then where Hong-Kong law is excluded from applying, your country’s laws will apply to these terms and any disputes related to them terms. Otherwise, you agree that the laws of Hong-Kong, China excluding Hong-Kong’s choice of law rules, will apply to these Terms and any disputes arising out of or relating to them. Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in Hon-Kong County, China, then your local jurisdiction and venue will apply to such disputes related to these terms. Otherwise, all claims arising out of or relating to these terms or the services will be litigated exclusively in Hong-Kong jurisdiction and you and FORBRAIN consent to personal jurisdiction in those courts. Notwithstanding this, FORBRAIN reserves the right to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Changes to the Terms
The Terms in effect at the time you place an order for a Device will apply to such order and Device. FORBRAIN reserves the right to make changes to these Terms or the applicable Device Specific Addendum from time to time, and any such changes will take effect immediately, except that changes with respect to your rights and obligations relating to payments, pick-up or delivery, returns, product warranty, and refunds will only apply to future orders. You may view the current version of the Terms on the Forbrain website.
Events beyond Reasonable Control
Neither party will be responsible for any delay or failure to comply with these Terms if the delay or failure arises from any cause which is beyond its reasonable control.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
FORBRAIN is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, and then you can be assured that it will only be used in accordance with this privacy statement.
FORBRAIN may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 4th November 2013
What we collect
We may collect the following information:
- name and job title
- contact information including phone, email address and postal address
- demographic information such as postcode, preferences and interests
- other information relevant to customer surveys and/or offers
If you wish to order device or subscribe service requiring payment, we may link to a CPI conforming website that will ask for your credit card number or checking account information to process your initial payment and all subsequent payments. That information may be kept by the credit card service provider in a safe location or by FORBRAIN in a safe location.
If you insert an affiliation code in the order form, the owner of the affiliation code will be informed of your order once it is confirmed.
If you insert an affiliation code in the affiliation program form, the owner of the affiliation code will be informed of your subscription once it is validated.
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping.
- We may use the information to improve our products and services.
- We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
- We use your personal information to process the delivery. You agree that in order to process your order and to protect you and FORBRAIN from fraudulent transactions, FORBRAIN may provide your order information to reputable third parties to perform address verifications and make deliveries.
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Sharing your personal information
If you order equipment through the website www.forbrain.com we may share your information including email address, postal address and phone number with our delivery agent. Our delivery agent is authorized to use and access to your details exclusively to permit the verification and the delivery of your order.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at firstname.lastname@example.org
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.
You may request details of personal information which we hold about you. A small fee will be payable. If you would like a copy of the information held on you please write to email@example.com
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
Except as permitted by the copyright law applicable to you, you may not reproduce or communicate any of the content on this website, including files downloadable from this website, without the permission of FORBRAIN.
You are informed that “FORBRAIN” and FORBRAIN® + Logo are registered trademarks. Their use or modification is strictly forbidden unless expressly and duly authorized.
FORBRAIN® is an Educational Program, and forbrain.com is considered neither a medical treatment nor a means to establish a medical diagnosis. The content in this website is for informational purposes only. It should be neither considered as nor substituted for medical advice.