Terms of Sale
WEBSITE TERMS OF SALE
These terms apply to all consumer purchases of Oculus products through this website from the United States of America and Canada.
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS IN CONNECTION WITH YOUR PURCHASE OF PRODUCTS THROUGH THIS WEBSITE.
We are Exertis Supply Chain Solutions Limited (company number 64641) (“we” or “Exertis”), a company registered in Ireland and our registered office and main trading address is M50 Business Park, Ballymount Avenue Upper, Ballymount, Dublin 12, Ireland. We operate the website www.oculusforbusiness.com (“website”).
These Terms of Sale (“Agreement”) apply to your purchase of Oculus products (the “Products”) sold through this website. You agree to these terms by placing your order. All Products are sold and supplied on a no return, no refund basis except as otherwise required by applicable law. You may not cancel an order or receive a refund unless we are unable to supply you with the Products for any reason or there may be a delay in supplying the Products of over 30 days against any delivery information provided during the ordering process, when we will inform you of this by email and will either cancel your order or request that you confirm or cancel your order, in our sole discretion. If you or we cancel the order and you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as reasonably practical.
Guarantee and Warranty
The Products are offered subject to only such guarantees and warranties as the manufacturer, Oculus VR, LLC provides, as available on our Warranty Information page. We take no responsibility for the condition or quality of the Products.
The images of the Products on our website or that of Oculus VR, LLC are for illustrative purposes only and provided by Oculus VR, LLC. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer’s display of the colors accurately reflect the color of the Products. The color of your Products may vary slightly from those images. Although we have made every effort to be as accurate as possible, because the Products are manufactured by Oculus VR, LLC, all sizes, weights, capacities, dimensions and measurements indicated on our website are illustrative only. The packaging of your Products may vary from that shown on images on our website.
We reserve the right to amend the specification of the Products if required by any applicable statutory, regulatory or other legal requirement or at the request or demand of Oculus VR, LLC as the manufacturer of the Products.
This is a binding agreement
As an Agreement between Exertis and yourself, it may NOT be altered, supplemented or amended by any other document unless the new document is signed by both you and Exertis. In addition to this document, the terms contained within the other Exertis documents referenced in this Agreement.
Orders, Pricing and Payments
Exertis strives to communicate accurate pricing and product information but will not be held responsible for any pricing, typographical, processing or other errors in such communications. Your order is subject to cancellation by Exertis, in Exertis’s sole discretion. Unless otherwise agreed to by Exertis, payment must be received by Exertis prior to our acceptance of an order. Exertis may process payment for and ship parts of an order . We aim to provide our customers with competitive prices on the products we offer. Prior to submitting your order you will have the opportunity to review product prices and any applicable sales tax, shipping, and handling charges. Prices are exclusive of, and you shall pay, all taxes, duties, levies or fees, or other similar charges imposed on your purchase by any taxing authority (other than taxes imposed on Exertis’ income) related to your order.
If you feel your order should be tax exempt you must provide a valid tax exemption certificate—other than a resale certificate—at the time you place the order. Exertis sales are intended for personal use and not for resale so we do not accept resale certificates.
We are only able to accept orders pursuant to this Agreement for Products from within, and for shipping to destinations within, the United States of America and Canada.
You can only pay for Products using the following payment methods:
- a debit card or credit card (any exceptions will be stated during the ordering and payment process); or
- direct bank transfer. We will provide instructions and bank details with our invoice.
Acknowledgement of order
After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described below (Acceptance of order).
Acceptance of order
Once you have placed an order via the website, you will receive an email acknowledging receipt of the order with a pro forma invoice requesting payment. Once cleared payment has been received we will send you an email to confirm acceptance and dispatch of your order, only at which point will there be an enforceable agreement between you and us for the purchase and sale of the Products.
We will contact you to confirm dispatch and estimated delivery date(s). Product title passes to you when the Product is shipped. Delivery is complete once the Products have been signed for at the address for delivery set out in your order the Products will be at your risk from that time. You have 21 days to notify Exertis of any missing, or wrong portion of your purchase or Exertis cannot be held responsible for these issues. Unless you provide Exertis with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order.
THE ONLY WARRANTIES THAT APPLY TO THE PRODUCTS SOLD THROUGH THIS WEBSITE ARE THOSE MADE BY OCULUS, WHICH CAN BE FOUND ON OUR WARRANTY INFORMATION PAGE EXERTIS MAKES NO WARRANTY AND EXPRESSLY DISCLAIMS ANY WARRANTY AND CONDITION FOR ANY PRODUCTS, AND MAKES NO WARRANTIES OR CONDITIONS WHATSOEVER FOR THE PERFORMANCE, SUITABILITY, MERCHANTABILITY OR OTHERWISE WITH REGARD TO ANY OCULUS PRODUCTS SOLD THROUGH THIS WEBSITE. WARRANTIES, PRODUCTS, SOFTWARE, SERVICES, MAINTENANCE OR SUPPORT ARE PROVIDED BY OCULUS, NOT BY EXERTIS. YOU MAY ONLY ASSERT WARRANTY CLAIMS AGAINST OCULUS AND YOU AGREE NOT TO ASSERT ANY WARRANTY CLAIM AGAINST EXERTIS. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
Full details of the procedure for returning Products to the manufacturer where there is a breach of warranty is contained with the Products or set out at www.oculusforbusiness.com, or both. Exertis undertakes no other obligation with regard to the return of Products.
Telephone communications with us, including calls with any of our agents or independent contractors, may be monitored and recorded for customer service, evidentiary and quality control purposes. You expressly consent, on behalf of yourself and other users of your phone number, to being monitored or recorded. By providing us with a phone number (including mobile) as your contact number, you expressly authorize us to contact you regarding your account for non-telemarketing communications, via text message or telephone, including the use of prerecorded or auto-dialed calls, using that number.
Limitation of Liability
EXERTIS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, EXERTIS WILL NOT BE LIABLE FOR DAMAGES, INCLUDING ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, AGGRAVATED OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, EXERTIS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. SOME JURISDICTIONS MAY NOT ENFORCE ALL OF THESE LIMITATIONS, AND ONLY THE LIMITATIONS THAT ARE LAWFULLY APPLIED TO YOU IN YOUR JURISDICTION WILL APPLY.
Purchases for your own use
Your purchase is limited to acquisition of the Product for your own personal use, or as otherwise allowed in the Oculus Commercial License.
Except as expressly agreed to in writing in advance by Exertis, in the event that we agree a variation to these terms and conditions by providing Products on credit or prior to payment, without limiting any of our other rights, we may suspend the supply or delivery of the Products to you, or terminate the Agreement with immediate effect by giving written notice to you if:
- you fail to pay any amount due under the Agreement on the due date for payment;
- a receiver is appointed for you or your assets; you become insolvent, generally unable to pay your debts as they become due, or make an assignment for the benefit of your creditors or seek relief under any bankruptcy, insolvency or debtors relief law; (iii) proceedings are commenced against you under any bankruptcy, insolvency or debtor’s relief law, and such proceedings have not been vacated or set aside within 60 days from the date of commencement;
- you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
- your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Agreement has been placed in jeopardy.
Termination of the Agreement shall not affect your or our rights and remedies that have accrued as of the time of such termination.
Any provision of the Agreement that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
We and Oculus VR, LLC may assign or transfer our rights and obligations under the Agreement to another entity. You may only assign or transfer your rights or your obligations under the Agreement to another person if we agree in writing.
Exertis shall not be liable to you for any failure or delay in the performance of its obligations hereunder, to the extent such failure or delay is caused by fire, flood, earthquakes, other elements of nature; acts of war; terrorism, riots, civil disorders, rebellions or revolutions; epidemics, communication line or power failures; governmental laws, court orders or regulations; or any other cause beyond the reasonable control of Exertis.
All matters relating to this Agreement or to your purchase of Exertis Products through this website and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or of any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, this Agreement or your purchase of Products through it shall be instituted exclusively in the federal or state located in the Southern District of New York, and you consent to the exercise of personal jurisdiction by, and exclusive venue in, such courts, although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country.
WEBSITE TERMS OF SALE
Version 1: [26th July 2017]
1. ABOUT US
1.1 Company details. Exertis Supply Chain Solutions Limited (company number 64641) (we and us), is a company registered in Ireland and our registered office and main trading address is M50 Business Park, Ballymount Avenue Upper, Ballymount, Dublin 12, Ireland. We sell products through the website www.oculusforbusiness.com (Website).
1.2 Contacting us. To contact us telephone our customer service team through the contact form on the Wesbite [or by emailing firstname.lastname@example.org]. How to give us formal notice of any matter under the Contract is set out in Clause 16.2
2. OUR CONTRACT WITH YOU
2.1 Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing and we expressly reject any other terms which you provide or may seek to rely on are expressly rejected.
2.2 Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3 Langauges.These Terms and the Contract are made only in the English language. Any translation into any other language is purely for information and, in the event of any conflict or potential conflict, the English language version shall apply.
2.4 Updates to Terms. We may amend or update these terms from time to time and any update shall be made available on the Website. Any order placed by you following the date such update is made available shall be subject to such updated Terms.
2.5 RegistrationYou warrant to us that any information provided during the registration and ordering process is true, accurate and not misleading at the time it is provided and you agree to update such information promptly should it become inaccurate.
3 PLACING AN ORDER AND ITS ACCEPTANCE
3.1 Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order manufactured by Oculus VR, LLC (Goods) subject to these Terms.
3.2 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate and we take no responsibility for an error or omission by you.
3.3 Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in Clause 3.4.
3.4 Accepting your order. Once you have placed an order via the website, you will receive an email acknowledging receipt of the order with a pro forma invoice requesting payment. Once cleared payment has been received we will send you an email to confirm acceptance and dispatch of your order, at which point the Contract between you and us will come into .
3.5 If we cannot accept your order. If we are unable to supply you with the Goods for any reason or there may be a delay in supplying the Goods of over 30 days against any delivery information provided during the ordering process, we will inform you of this by email and will either cancel your order or request that you confirm or cancel your order, in our sole discretion. If you or we cancel the order and you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as reasonably practical.
4 THE GOODS
4.1 The images of the Goods on our site or that of Oculus VR, LLC are for illustrative purposes only and provided by Oculus VR, LLC. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Goods. The colour of your Goods may vary slightly from those images.
4.2 Although we have made every effort to be as accurate as possible, because the Goods are manufactured by Oculus VR, LLC, all sizes, weights, capacities, dimensions and measurements indicated on our site are indicative only.
4.3 The packaging of your Goods may vary from that shown on images on our site.
4.4 We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement or at the request or demand of Oculus VR, LLC as manufacturer.
5 NO RETURN OR REFUND
5.1 All Goods are sold and supplied on a no return, no refund basis. You may not, subject to Clause 3.5 above, cancel the Contract or receive a refund.
5.2 The Goods are subject to such guarantees and warranties as the manufacturer, Oculus VR, LLC, may provide, as referred to in clauses 11 and 12 below. We take no responsibility for the condition or quality of the Goods.
6 DELIVERY, TRANSFER OF RISK AND TITLE
6.1 We will contact you to confirm dispatch and estimated delivery date(s). Occasionally our delivery to you may be affected by an Event Outside Our Control. See Clause 15 (Events outside our control) for our responsibilities when this happens.
6.2 Delivery is complete once the Goods have been signed for at the address for delivery set out in your order the Goods will be at your risk from that time.
6.3 You own the Goods once we have received payment in full, including of all applicable delivery charges.
6.4 If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.
6.5 If you fail to take delivery on the day on which we first attempted delivery, we may charge you for any reasonable storage and redelivery charges incurred by us.
7 INTERNATIONAL DELIVERY
7.1 We deliver to the countries listed on this page. However, there may be restrictions on some Goods for certain International Delivery Destinations, so please review the information on that page carefully before ordering Goods. The information on that page is not exhaustive and, whilst we will use reasonable endeavours to maintain such information, we accept no liability for any restriction imposed by an International Delivery Destination which is an Event Outside Our Control.
7.2 If you order Goods from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination which we are unable to collect at payment stage or may not be aware of. Please note that we have no control over these charges and we cannot predict their amount.
7.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
7.4 You must comply with all applicable laws and regulations of the country for which the Goods are destined. Neither we nor Oculus VR, LLC will be liable or responsible if you break any such law.
8 NO DELIVERY OUTSIDE OF THE INTERNATIONAL DELIVERY DESTINATIONS
8.1 Unfortunately, we do not deliver to addresses other than the International Delivery Destinations for orders placed from within the European Economic Area. If you are purchasing from outside of the International Delivery Destinations please see the terms and conditions applicable to your jurisdiction on our website.
8.2 You may not place an order for Goods from outside the International Delivery Destinations, and all orders must be for delivery to an address within the International Delivery Destinations
9 PRICE OF GOODS AND DELIVERY CHARGES
9.1 The prices of the Goods will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see Clause 9.5 for what happens if we discover an error in the price of Goods you ordered.
9.2 Prices for our Goods may change from time to time. Whilst the prices of Goods may be quoted in Euros, pounds sterling or other currencies to whom we sell Goods, the Goods are supplied to us by the manufacturer priced in US dollars. In the event that, following order and prior to payment by you, there is an increase in the value of the US dollar, we reserve the right to increase our prices to reflect such change.
9.3 The price of Goods will be stated on the pro forma invoice as excluding or including applicable taxes. However, if the rate of applicable taxes changes between the date of your order and the date of delivery, we will adjust the applicable taxes you pay, unless you have already paid for the Goods in full before the change in applicable taxes takes effect.
9.4 The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
9.5 We sell a large number of Goods through our site. It is always possible that, despite our reasonable efforts, some of the Goods on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
9.5.1 where the Goods’ correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Goods to you; and
9.5.2 if the Goods’ correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.
10 HOW TO PAY
10.1 Payment for the Goods, applicable taxes and all applicable delivery charges is in advance.
10.2 You can only pay for Goods using the following payment methods:
10.2.1 a debit card or credit card (any exceptions will be stated during the ordering and payment process); or
10.2.2 direct bank transfer. We will provide instructions and bank details with our invoice.
11 MANUFACTURER’S GUARANTEE
11.1 Some of the Goods we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Goods and available on our Warranty Information page.
12 MANUFACTURER’S LIMITED WARRANTY FOR THE GOODS
12.1 All Goods are manufactured by or on behalf of Oculus VR, LLC. We do not warrant that the Goods comply with any laws, regulations or standards and take no responsibility for and hereby disclaim any liability for any fault or issue with any Goods.
12.2 The Manufacturer, Oculus VR, LLC, provides a warranty that on sale by you to the end user. The warranty is in the form available on Oculus VR LLC’s website at https://www.oculus.com/legal/limited-warranty/ or such other site as Oculus VR, LLC may provide
12.3 Full details of the procedure for returning Goods to the Manufacturer where there is a breach of warranty is contained with the Goods and/or set out at oculusforbusiness.com
12.4 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
13 OUR / OCULUS VR, LLC’s LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
13.1 Nothing in these Terms limits or excludes our, or Oculus VR, LLC’s liability for:
13.1.1 death or personal injury caused by our negligence;
13.1.2 fraud or fraudulent misrepresentation;
13.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
13.1.4 any other liability that cannot be limited or excluded by law.
13.2 Subject to Clause 13.2, neither we nor the manufacturer, Oculus VR, LLC, will under any circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
13.2.1 any loss of profits, sales, business, or revenue; or
13.2.2 loss or corruption of data, information or software; or
13.2.3 loss of business opportunity; or
13.2.4 loss of anticipated savings; or
13.2.5 loss of goodwill; or
13.2.6 any indirect or consequential loss.
13.3 Subject to Clause 13.2, the liability of us and Oculus VR, LLC to you for all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed the price of the Goods.
13.4 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, neither we nor the manufacturer, Oculus VR, LLC, will not be responsible for ensuring that the Goods are suitable for your purposes.
14.1 IN the event that we agree a variation to these terms and conditions by providing goods on credit or prior to payment, without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:
14.1.1 you fail to pay any amount due under the Contract on the due date for payment;
14.1.2 you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
14.1.3 you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
14.1.4 your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
14.2 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
14.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
15 EVENTS OUTSIDE OUR CONTROL
15.1 Neither we nor Oculus VR, LLC will be liable or responsible for any failure to perform, or delay in performance of, any of our respective obligations under the Contract that is caused by any act or event beyond our (or Oculus VR, LLC’s) reasonable control (Event Outside Our Control).
15.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
15.2.1 we will contact you as soon as reasonably possible to notify you; and
15.2.2 our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16 COMMUNICATIONS BETWEEN US
16.1 When we refer to “in writing” in these Terms, this includes email.
16.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
16.3 A notice or other communication is deemed to have been received:
16.3.1 if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
16.3.2 if sent by pre-paid first class post or other next working day delivery service, at noon on the second working day after posting; or
16.3.3 if sent by email, at 9.00 am the next working day after transmission.
16.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
16.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
16.6 All references to times stated in this clause 16 shall be to times in London, England.
17.1 Assignment and transfer. We and Oculus VR, LLC may assign or transfer our rights and obligations under the Contract to another entity. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
17.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives). If any unlawful, invalid or unenforceable provision of these Terms would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
17.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
17.4Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms save for the manufacturer of the Goods, Oculus VR, LLC, where specifically stated.
17.6 Headings. The subject heading at the beginning of each paragraph of this Agreement is for reference purposes only and in no way defines, limits, construes or describes the scope or extent of such paragraph.
17.7 Governing law and jurisdiction. This Contract is governed by the laws of England and Wales and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts. We do, however, reserve the right to bring proceedings against you in your country of residence.