TERMS AND CONDITIONS FOR THE LUCID DREAMER

1. Scope. These terms and conditions (the “Terms”) apply to you, (“you,” the “Customer”), and your order for the Lucid Dreamer, whether made as a pre-order during a pre-order campaign of NMT (a “Pre-Order”) or otherwise (an “Order”). Your use of the Lucid Dreamer Mobile App(s) is not governed by these Terms and is subject to the separate terms and conditions.

 

2. Payment Terms. Payment must be by way of credit card, debit card, or PayPal® through the Lucid Dreamer website, www.luciddreamer.com (the “Site”). When using the Site, you are subject to our Terms of Use and Privacy Policy which govern your use of the Site and informs you of our data collection practices.

 

3. Shipping, Title, and Risk of Loss. The risk of loss and title for the Lucid Dreamer passes to you upon our delivery of the Lucid Dreamer to the carrier. For orders shipped outside The Netherlands, import duties, taxes, and other charges are not included in the item price or shipping cost. These charges are your responsibility. Please check with your country’s customs office to determine what these additional costs will be prior to completing your order.

 

4. Delivery. Any delivery dates or times provided by NMT (or the carrier) are estimates only and are not guaranteed. We may not be able to deliver to all locations. If NMT does not ship the Lucid Dreamer to the address you provided, you will be notified about it and you will not be charged for your Order or, if you will have paid already, your money will be returned. If we are unable to successfully deliver the Lucid Dreamer to you because you have provided incorrect or incomplete delivery information or you refused to pay import duties, taxes and other charges not included in the item price, NMT will process a refund of your Order after the shipped Lucid Dreamer is returned to us. In that case, you will not be charged for the Lucid Dreamer, but you will be charged for the costs of shipping and, additionally, a restocking fee of $49, and such charges will be deducted from the your refund amount. If the Lucid Dreamer is not successfully delivered because we made a mistake, you will not be charged at all and all charges will be refunded.

 

5. Limited Warranty. NMT warrants that the Lucid Dreamer (including any part thereof) will be free in all material respects from defects in materials and workmanship, under normal and intended use as described in the applicable product documentation furnished by NMT (“Documentation”), for a period of ONE (1) YEAR, running from (i) in case of Pre-Orders, the date when the Lucid Dreamer is delivered to the carrier for shipment to Customer, and (ii) in case of other orders, from Customer’s original date of purchase of the Lucid Dreamer (“Warranty Period”). Within the Warranty Period, if any defect arises and you make a claim and return the product in accordance with our Return Policy (described below), we will, at our option, either (a) repair the Lucid Dreamer using either new or refurbished parts, (b) replace the defective Lucid Dreamer or part with a new or refurbished Lucid Dreamer or part, or (c) refund your Order. Any replacement may be, at the option of NMT, a new product (including a next- generation model providing functionalities materially similar to those of the originally purchased Lucid Dreamer) or re-manufactured product.

A repaired or replaced Lucid Dreamer will be under this warranty for the rest of the Warranty Period remaining for the original Lucid Dreamer or ninety (90) days from the date of shipping the replacement or repair, whichever provides longer coverage for you.

When the Lucid Dreamer is exchanged, any replacement item becomes your property and the replaced item becomes the property of NMT. When a refund is given, the Lucid Dreamer for which we provide the refund must be returned to us and it becomes property of NMT.

To receive any remedy under this Limited Warranty, you must follow our Return Policy.

 

6. Limited Warranty – Exclusions and Limitations. This Limited Warranty applies only to the Lucid Dreamer hardware. The warranty does not apply to: (a) damage resulting from abuse, misuse, accident, or negligence (b) normal wear and tear, (c) defects caused by alterations, modifications, unusual stress, improper storage (including but not limited to use in wet conditions), repair and servicing not made or authorized by NMT, (d) damage caused by handling, operating or using the Product outside the permitted or intended uses described in the Documentation, (e) defects that are not reproducible by NMT, (f) cosmetic damage, such as scratches, dents and broken plastic, and (g) consumables, including in particular batteries, unless damaged due to a manufacturing defect.

NMT does not warrant uninterrupted or error-free operation of the Lucid Dreamer. Except as provided in this limited warranty and to the extent permitted by law, NMT will not be responsible for any damages, whether direct or indirect, incidental, special, exemplary, or consequential, arising from or relating to this limited warranty or the use of or inability to use any product, even if NMT knew or should have known of the possibility of such damages. This limitation of liability applies to a legal claim for damages under any legal theory, including, by way of example, breach of warranty or condition, loss of use; loss of revenue; loss of actual or anticipated profits; loss of the use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation; replacement of equipment and property; and loss of, damage to, corruption of, or costs of recovering or reproducing data or program. NMT’s aggregate cumulative liability arising from or relating to this limited warranty and the use of, or inability to use, any product, whether in contract or tort or otherwise, shall in no event exceed the amount received by NMT from customer in connection with the warrantied product.

This limited warranty gives you specific legal rights and you may also have other rights which vary from state to state. Under the warranty, NMT’s liability for hardware defects is limited to repair or replacement service, or a refund, as determined by NMT in its sole discretion. All express and implied warranties, including any implied warranties and conditions of merchantability and fitness for a particular purpose, are limited in time to the term of this limited warranty. No warranties, whether express or implied, will apply after the expiration of the limited warranty period.

Some states do not allow the exclusion or limitation of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. The disclaimers, exclusions, and limitations of liability under this limited warranty shall not apply to the extent prohibited by applicable law.

 

7. EU Warranty. According to the applicable law, NMT Inc. (“NMT”) warrants to Customers within the European Union/European Economic Area that the Lucid Dreamer (including any part thereof) will be free in all material respects from defects in materials and workmanship existing as of the date when Customer takes delivery of the Lucid Dreamer and will otherwise conform with the contract between NMT and Customer. If you discover such defects or other nonconformity and make a claim with NMT in accordance with these Terms within the period of TWO (2) YEARS from the date when the Lucid Dreamer was delivered to the carrier for shipment to you, we will, at our option, either (a) repair the Lucid Dreamer using either new or refurbished parts, (b) replace the defective Lucid Dreamer or part with a new or refurbished Lucid Dreamer or part, or (c) refund your Order (the “EU Warranty”). Any replacement under this EU Warranty may be, at the option of NMT, a new product (including a next-generation model providing functionalities materially similar to those of the originally purchased Lucid Dreamer) or re-manufactured product.

This EU Warranty applies only to the Lucid Dreamer hardware. The EU Warranty does not apply to: (a) damage resulting from abuse, misuse, accident, or negligence (b) normal wear and tear, (c) defects caused by alterations, modifications, unusual stress, improper storage (including but not limited to use in wet conditions ), repair and servicing not made or authorized by NMT, (d) damage caused by handling, operating or using the Product outside the permitted or intended uses described in the Documentation, (e) defects that are not reproducible by NMT, (f) cosmetic damage, such as scratches, dents and broken plastic, and (g) consumables, including in particular batteries, unless damaged due to a manufacturing defect.

To receive any remedy under this EU Warranty, you must follow our Return Policy.

You may also have other rights legal rights under applicable national legislation of the members of the European Economic Area. Those rights are not affected by this EU Warrantee.

For information on EU-wide consumer laws, please visit the European Consumer Centre website at http://ec.europa.eu/consumers/ecc/contact_en.htm.

If no specific information is provided for your country, or if you have any questions about consumer laws in your country, please contact your local European Consumer Centre at http://ec.europa.eu/consumers/ecc/contact_en.htm.

 

8. Return Policy. To return your Lucid Dreamer to NMT for any reason covered by the Limited Warranty, the EU Warranty or applicable consumer legislation, please follow the procedure below to obtain a RMA (Return Merchandise Authorization) number.

 

Lucid Dreamer 14-Day Return Policy

If you are not satisfied with your Lucid Dreamer for any reason, you have 14 days from the day you receive it to request a refund from NMT Inc. (“we”). You may return any product purchased on www.luciddreamer.com or received as a prize in our Kickstarter campaign (“Product”).

 

Things to keep in mind

If you want to return a Lucid Dreamer, please remember that:

• You have 14 calendar days to return a Product from the date you received it.
• Please ensure that the item you’re returning is repackaged with all the cords, adapters and documentation that were included when you received it.
• Your Product must be in in the same condition as it was received. We will not refund or exchange any Product that is damaged, altered, or is missing parts for reasons not due to our error.
• You should also return the original packaging and all accessories (cables, adapters, etc.) and documentation that were included when you received your Product.
• Lucid Dreamer software and downloadable items are nonrefundable.
• More information: Return Policy

 

Complaints:

Written complaints may be made in one of the following formats:

1. Email
2. Electronically on-line via Lucid Dreamer Customer Portal  https://my.luciddreamer.com/

 

Oral complaints (in-person or by telephone) will not be accepted.

 

1. Email complaint procedure:

1.1. Compose an e-mail with the following information:

• Your name
• Your Company (if relevant)
• Address
• Phone number
• E-mail address
• Product part number
• A brief description of the defect
• A photo of the Lucid Dreamer

1.2. Send the information to support@luciddreamer.com. If your request is approved by NMT, you will receive a RMA number and address to ship the Product via email within 2 working days. The returned Lucid Dreamer must arrive with NMT within 14 days of the issue of the RMA.

2. On-line Procedure via My Lucid Dreamer Portal (https://my.luciddreamer.com/)

2.1. Log in to the My Lucid Dreamer Portal to customer account. If you haven’t registered to My Lucid Dreamer Portal yet, please register upon the following link: https://my.luciddreamer.com/
2.2. Lodge a complaint by fulfilling the online form at https://my.luciddreamer.com/refund
2.3. If your request is approved by NMT, you will receive a RMA number and address to ship the Product in your My Lucid Dreamer Account within 14 business days. The returned Product must arrive with NMT
within 14 days of the issue of the RMA.

 

Pack your Lucid Dreamer together with all accessories securely and make sure the RMA number and your return address is visible on the outside of the packaging. Then, send it postage-paid to the address stated on your RMA approval. You are responsible for the cost of shipping the Lucid Dreamer back to NMT as well as any and all risk of loss or damage to the product while it is being shipped to NMT. If you send your Lucid Dreamer without the RMA number prominently displayed on the outside of the package, it could be returned to you unopened. Please use a shipping company that can demonstrate proof of delivery. NMT does not accept responsibility for any lost shipments unless proof of delivery is provided.

Upon receipt of the defective Lucid Dreamer, we will, at our discretion, repair or replace it. NMT will be responsible for the cost of shipping the repaired or replacement Product back to you, provided, however, that Products that do not qualify for warranty coverage under the Limited Warranty will be returned to you at your cost.

 

9. Force Majeure. Neither party shall be liable or responsible to the other, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing their obligations due to acts or circumstances beyond the control of such party, including, but not limited to, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of that party’s control, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, which causes the termination of an agreement or contract entered into, or which could have been reasonably foreseen. Any party affected by such event shall inform the other party and shall use all reasonable endeavors to comply with these Terms.

 

10. Confidential Information. All non-public, confidential or proprietary information provided is kept confidential, and is kept solely to service your order. To the extent permitted by applicable laws, we do not share any information about our Customers gathered by us at our Site in connection with Pre-Orders or Orders.

 

11. No Implied Waiver. If you do not comply with these Terms and we do not 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).

 

12. Controlling Law and Severability. These terms and conditions are governed by, construed and enforced in accordance with the laws of the Netherlands. Disputes arising herefrom are exclusively subject to the jurisdiction of the District Court of ‘s-Hertogenbosch. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms shall continue in full force and effect.

 

13. Dispute Resolution. If a dispute arises between you and NMT, you should first attempt to resolve it by sending us details of your complaint, including your contact information for a response, in writing or by email, to the address stated below. We will try to evaluate all such claims in good faith within thirty (30) days of receipt and resolve them when possible.

 

14. Termination and Survival. In addition to any remedies that may be provided under these Terms, NMT may terminate this Agreement with immediate effect upon written notice to you, if you have not otherwise complied with any of these Terms. These Terms which by their nature shall apply beyond their terms will remain in force after any termination or expiration.

We reserve the right to make changes to our Site, policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

Neuromodulation Technologies B.V. Vestdijk 61
5611CA Eindhoven
The Netherlands
Email: info@luciddreamer.com