Terms of Service

The following terms and conditions (“Terms”) apply to all pre-orders from Orca Technologies AS ("Orca").

When placing a pre-order you have understood and accepted these Terms. The completion of our product development process and successful shipping of all pre-buy orders is depended on sufficient backing from our pre-order campaign and fundraising process. Hence, Orca cannot guarantee that the products will be delivered in all cases. If we are unable to deliver, you will be entitled to reimbursement of your payments in accordance with section 2 in these Terms. These Terms have priority in case of contradiction with any other terms, descriptions, agreements, or understandings between you and Orca. Orca explicitly rejects any terms deviating from the following Terms unless otherwise is agreed and confirmed in writing.

1. Pre-orders, payment, and delivery

The prices for pre-orders are stated on the Orca website. Orca reserves the right to change prices at any time. Complete payment is due upon placing the order. Shipping costs are included in the purchase price, though the method of shipping will be chosen at Orca’s discretion.

The products are manufactured in China. The products are shipped directly from the manufacturing plant via a 3rd party warehouse to the country and the address of destination given to us in the pre-order. The estimated time for shipping is stated in the order confirmation. Please note that the estimated time for shipping is only an estimate and may change. Orca will keep you duly noted on any changes affecting the delivery of your products.

2. Cancellation of pre-orders

You may cancel the pre-order until you receive notification of shipment from Orca.

Orca will notify you at least 14 days prior to the shipment date.

Orca will strive to reimburse your complete payment for the pre-order within six weeks after your cancellation. Please note, however, that the funds raised with your pre-order may be partially invested in product development. Delivery is contingent on sufficient funds to complete the development of the products. Hence, Orca cannot guarantee that you will receive a full refund in all cases as the funds raised by your pre-order may be lost, either fully or partially. Orca may cancel your order before the shipment date at Orca's own discretion. Orca will reimburse all your payments in the event of such cancellation.

3. Description of the product

Orca strives to provide a complete and accurate description of the products offered.

Nevertheless, Orca cannot guarantee a complete resemblance between the illustration material, such as pictures, videos and written descriptions, and the actual products. Orca also reserves the right to change and modify the product specifications, such as storage capacity, battery capacity, weight, material selection, form, color, and other physical dimensions and technical specifications in the period up to the shipping date. An updated and final product specification will be available at least 14 days prior to the shipping date.

4. Return of defected and non-conforming products

Orca warrants you a product without defects in conformance with Orca's strict quality policy for a period of one year after you received the products, or for the period prescribed by mandatory law in your country, whichever is longer. You are responsible for inspecting the products upon delivery. If the products are defective or non-conforming, you shall notify Orca without undue delay. When filing a complaint, please indicate the transaction number (“transaction number”) of your pre-order found on the pre-order confirmation email received at the time of ordering, contact information ("name", "email" and "address") and the reason for return. Proper use of the product is described in the warranty disclosed with the product.

Orca disclaims any liability for non-conforming products due to improper use of the products. Such improper use includes but is not limited to damage caused by the products being dropped on solid objects such as tables or floors, or damage caused by exposing the products for other temperatures or humidity conditions than recommended in the warranty. Improper use also includes modifications, reengineering, copying, and other changes to the software in breach of Orca’s intellectual property rights in accordance with section 10. In the event of a return or repair in accordance with these Terms, the product will be repaired or replaced by Orca and according to our designated return process. All costs, including shipment costs, are covered by Orca if the process is followed correctly. To initiate such a process, you must contact Orca customer support at hello@getorca.com for instructions.

5. The right of withdrawal (For European Economica Area consumers only)

If you are a consumer within the European Economic Area (EEA), you may return any ordered product by notice to Orca within 14 days after you became in physical possession of the product. You are not required to state any reason for the return. The product shall be shipped back to Orca within 14 days after the notice has been given. Orca will reimburse the purchase price and all other costs connected to the order. However, you are responsible for covering the return shipment costs to Orca. To exercise the right to withdrawal under this provision, you may use the standard form for withdrawal attached to these Terms. If not using the form, please indicate the transaction number, contact information ("name", "e-mail" and "address"), and reason for withdrawal (optional). All communications are sent electronically to hello@getorca.com. If not using the right to withdrawal, you may only return products that are defective or non-conforming in accordance with section 4 of these Terms.

6. Limitation of liability

ORCA SHALL IN NO EVENT BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOSS OF REPUTATION, LOSS OF GOODWILL, INDIRECT, INCIDENTIAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE OF ANY PRODUCTS OR SERVICES BY ORCA OR THE USE THEREOF WHETHER OR NOT SUCH DAMAGES ARE BASED ON TORT, WARRANTY, CONTRACT OR OTHER LEGAL THEORY, EVEN IF ORCA HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITIES OF SUCH DAMAGES. ORCA'S AGGREGATE AND CUMULATIVE LIABILITY TOWARDS YOU SHALL NOT EXCEED THE AMOUNT RELATED TO THE PAYMENT OF THE PRE-ORDER. YOUR CLAIM FOR DAMAGES MUST BE NOTIFIED TO ORCA WITHIN NINETY (90) DAYS OF THE DATE OF THE EVENT GIVING RISE TO ANY SUCH CLAIM, AND ANY LAWSUIT RELATIVE TO ANY SUCH CLAIM MUST BE FILED WITHIN ONE (1) YEAR OF THE DATE OF THE CLAIM.

7. Indemnities

YOU AGREE TO INDEMNIFY AND HOLD ORCA, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, AND ADVISERS, HARMLESS FROM ANY AND ALL CLAIMS, INCLUDING BUT NOT LIMITED DAMAGES, LEGAL FEES, COST, AND EXPENSES, FROM THIRD PARTIES ARISING IN CONNECTION WITH THE PRE-ORDER.

9. Force majeure

If either Orca or you are prevented from performing any of the obligations under these Terms due to an exceptional event beyond Orca’s or your control, which could not reasonably have been foreseen before accepting these Terms, the non-performing party shall give immediate notice to the other party that a force majeure event has occurred. The non-performing party is not liable for any lack of performance caused by a force majeure event. A force majeure event may be but is not limited to war, terrorism, and natural disasters such as pandemics, earthquakes, drought, and floods.

10. Intellectual property rights

Orca has the exclusive and worldwide right to all intellectual property rights related to the products included in the pre-order, whether patentable or not and whether registered or not. This includes but is not limited to the construction, methods, concepts, design, source code, software logs, interface design, and trademarks. You are awarded a non-exclusive, revocable and limited license to use the products and accompanying software. The software is for your own personal use. You may not copy, modify, upload, distribute, transfer, sublicense, lease, lend or rent the software to any third party.

11. Personal data

Personal data may be subject to collection and processing in accordance with Orca’s privacy policy available on the Orca website.

12. Severity

If any part of these Terms is found to be invalid due to mandatory statutory law or a final legal judgment, it shall only affect those parts found to be invalid. The remaining parts of the agreement will still be enforceable.

13. Governing law and legal venue

These Terms are governed by the laws of Norway. Any dispute that is not solved amicably shall be resolved by judicial mediation. If judicial mediation fails, you agree to Oslo District Court as a legal venue.

14. Alternative dispute resolution (For European Economic Area consumers only)

If you are a consumer within the European Economic Area (EEA), you may in lieu of a lawsuit file a complaint to an alternative dispute resolution mechanism in your own country through the European Union Online Dispute Resolution portal.

Appendix 1

The right of withdrawal form (for European Economic Area customers only) Fill out this form and return it to Orca if you want to revoke your pre-order. Please send it to hello@getorca.com

I/we hereby wish to revoke the following pre-order order: [fill in transaction number]

The order was received: [fill in date]

Your name and address: [fill in name] [fill in address]

Reason for revoking the order (optional): [fill in]

Date: [fill in today’s date]

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