Terms of Sales

Summary

For your convenience, these are what we consider to be the highlights of the Terms:

  • You can use the Product for development purposes or for your private, noncommercial use only. Do not resell, repackage or redistribute it.
  • The Tobii EyeX Controller and its software experience is intended for interactive and gaming applications. If you want a solution for using eye tracking to study human behavior, please contact Tobii Pro. If you want to develop software for analytical purposes, post processing or aggregation of eye tracking data across multiple users, please contact Tobii’s licensing team.
  • We ship to anywhere in the world except where legal restrictions and embargos prevent us.
  • For Customers outside of the EU – Please note: VAT, sales tax, import duties and/or other official charges associated with importing the Products will apply for customers outside of the EU, and these charges are not included in the item price or shipping cost. These charges are your responsibility, and you may need to pay such charges in order to have the Product released to you. Please check with your country's customs office to determine what these additional costs will be prior buying.
  • The Device has a 12-month warranty.
  • Additional terms apply for the EyeX SDK and distribution of API’s. The license agreement, available on the Developer Zone, grants you with the right to distribute and commercialize your application (with a few exceptions).
  • You have full money-back guarantee valid for 30 days after we ship the Product to you. Please see our 30-day return policy for terms.
  • Swedish VAT (25%) is charged on all orders within the EU unless you provide us with a valid EU VAT number.
  • You are instructed to read the Terms below before placing any order and by placing an order, you confirm that you accept these Terms which then become a binding agreement between you and Tobii AB (publ).

 

Terms and Conditions

1  General terms

By placing an order for the Tobii EyeX Controller (the “Product”), including hardware (the “Device”) and software (the “Software”), from the Tobii website (the “Store”), you agree to the terms and conditions (“the Terms”) set out below along with our Privacy Policy.

The purchase and use of the Product is also subject to the End-User Software License Agreement, which you agree to when placing an order with us.

Please note that when downloading additional software from Tobii (such as the EyeX SDK), additional terms apply.

You must be at least 18 years old to place an order at the Store.

We ship to anywhere in the world except where legal restrictions and embargos prevent us. Should you have an inquiry as to whether or not we ship to a specific location, please contact our customer service.

2  Right of use

You are allowed to use the Product solely: (i) to develop, demonstrate and evaluate the use of eye tracking in interaction applications; and/or (ii) for private, non-commercial recreational use. The Product is not intended for and you shall not use the Product for any other commercial or personal purposes, such as for example the study of human behavior or other forms of analytical use or for any high risk use, including but not limited to, medical, military, avionics, power generation, industrial or commercial equipment.

You may not import or export, directly or indirectly, the Product in violation of any applicable export and import laws or use it for any purpose prohibited by such laws.

The Store sells Products to end-user customers only. You may not purchase Products at the Store for resale, and we reserve the right to refuse or cancel your order if we have reasonable grounds to believe that the Product is not being purchased by you for end use or in violation with any laws.

Further, you may not distribute, sell, assign, sublicense, lease, loan, rent, deliver or otherwise transfer the Software or any copies thereof except as expressly allowed in the End-User Software License Agreement.

You shall not disassemble, decompile, or otherwise attempt to derive source code, techniques, processes, algorithms, know-how or other information or in any other way reverse engineer any parts of the Product by any means or take any other steps in order to derive design information regarding the Product, nor permit, induce or assist any of the foregoing, except to the extent such prohibition cannot be enforced under mandatory applicable law, and in such case subject to that you shall provide Tobii with detailed information regarding any such activity.

3  Software

Tobii reserves the right to distribute any Software via download from the Store or any other service chosen by Tobii. This may require you to install specific update software.

4  Prices in Store are exclusive of VAT, sales taxes, import duties and shipping costs

Since we ship Products to many parts of the world, the prices listed in the Store are exclusive of VAT and shipping costs. The shipping cost will be added as displayed per order.

Swedish VAT (25%) is charged to all customers within the EU, and will be added on top of the stated product price, unless you provide us with a valid EU VAT number before the purchase.

You are responsible for any sales taxes and import duties outside the EU. Prices in the Store are exclusive of any such taxes and duties.

For customers outside the EU, you agree to pay any VAT, sales tax, duty, import charge and/or other official charges associated with importing the Product, which are levied once your package reaches your country. We are unable to specify the exact amount of taxes and duties you may have to pay for your package as these charges are decided by your local customs and authorities.

5  Shipping and delivery terms

Delivery terms are DAP (Delivered At Place – named place of destination, Incoterms 2010). This means that we do not collect VAT, sales tax, duty, import charges and/or other official charges on orders to countries outside the EU, since the risk for the Product passes to you before any customs clearance (if applicable). This also means that Tobii has delivered the Product to you when the Product is placed at your disposal on the arriving means of transport ready for unloading at the named placed of destination.

However, if you are a consumer the Product will be at your risk once you have taken physical possession of the Product, i.e. after customs clearance (if applicable).

If you fail to pay customs charges for outside EU deliveries and the Product is not collected within 14 days at the named place of destination, the Product will be sent back to Tobii and you will not be entitled to a full refund in these cases. For any returns to Tobii due to uncollected Products, Tobii reserves the right to charge an administrative and reasonable fee to cover additional costs occurred for Tobii. You will be refunded the exceeding amount on the price you have paid to Tobii for the Product (excluding shipping costs).

6  Payment terms

Information on accepted payment methods are available on our web site.

By placing an order, you agree to be liable for the payment of the Product and to take delivery of the Product in accordance with these Terms.

When buying a Product that is not available for distribution, in stock or on back order, payment is completed at the time of pre-order. For cancellations, see Cancellation.

7  Order acceptance

By placing an order, you make an offer to us to purchase the Product on the Terms. Once we receive your order, we will provide you with an email order confirmation. Your receipt of an order confirmation does not signify Tobii’s acceptance of your order; we are simply confirming that we received your order. Once we have processed your order and prepared it for shipping, we will send you an email stating that we have accepted your order, which will include the shipment details (“Order Acceptance Email”). Because we want to make sure that we have your Product available, we will not accept your order until we have prepared the Product for shipping. For items that are not in stock, you will receive the Order Acceptance Email when the Product becomes available and has been prepared for shipping. Tobii may, in its sole discretion, refuse or cancel any order and limit order quantity with a full refund of the amount paid to Tobii for the portion of the order that is refused or cancelled. We may also require additional information prior to accepting or processing any order. Where payment is subject to validation and/or authorization by a card issuer or bank or to credit validation, any order acceptance is subject to such validation or authorization.

8  Delivery times

Delivery times and dates specified in the Store or in Order Acceptance Emails are Tobii estimates only. Tobii will work hard to dispatch orders to meet those times and dates but shall not be held liable for failure to do so. For Products available for pre-order, Tobii provides an estimate for when the Product will start shipping. Tobii reserves the right to at any time update the shipping date for your order. For consumer purchases deliveries will be made within 14 days unless consumer has expressly agreed to another time

9  Tobii’s 30-day return policy

We offer you a 30-day return policy. To return the Product, you must comply with the following:

  • You must inform us of your decision within 30 days of the date from when we dispatched the Product.
  • Prior to returning the Product you must submit a written statement for the reason of the return.
  • To ensure immediate processing you must contact the customer service department at Tobii (available here) for a Return Authorization (RA) number, which must be prominently displayed on the outside of the package.
  • The Product must be returned to us original and in new condition together with the original receipt and original packaging, documentation and any accessories.
  • You are responsible for the cost of shipping the Product back to Tobii including customs and taxes, and you stand the risk for any loss of or shipping damage on the Product.

Provided that the Product is returned in accordance with our policy, we will refund you what you have paid Tobii for the Product within 30 days from when we have received the returned Product.

Please note that Tobii will not reimburse you for any tax, import duty and/or other official charges associated with importing the Product. Certain countries permit refunds of customs duties paid on products you subsequently return. Please contact your local authority for further information.

We will use the same means of payment as you used for the transaction, and you will not incur any fees for such reimbursement. If you paid for your order using a credit or debit card then your refund will be made back to the same card.

Important information:

Please note that to exercise the 30-day return policy, you must first collect the Product in accordance with these Terms (including to clear the Product for import, pay any tax, import duty and carry out any import customs formalities) and thereafter return the Product. Simply refusing to take delivery or pick up the Product will not entitle you to a refund under this policy (see section 5 above, Shipping & Delivery Terms).

10  Complaints for defect Products

If the Product does not conform to these Terms, you can file a complaint with Tobii using the support form. Tobii is only responsible for original defects (and not defects that occur due to wear and tear) and requires that a complaint is made to Tobii immediately after you discovered or should have discovered the defect and in any event not later than 10 days from the delivery.

Prior to returning a Product, a complaint must be made by contacting the customer service department (available here) for a Return Authorization (RA) number, which must be prominently displayed on the outside of the package. Note that obtaining an RA number does not mean that the complaint is approved. Products returned without a RA number will not be serviced. The Product must then be returned to Tobii with the original receipt and original packaging, documentation and any accessories and together with a detailed description of the defect.

Please note that the return is at your risk and expense until Tobii has received the returned Product. We reserve the right to charge you any transport damage. If the return shipping is not prepaid by you, or any document or information is missing, Tobii will not collect the Product.

When Tobii has received the returned Product, and provided that the complaint has been approved, Tobii will, at its discretion, repair, replace or refund you what you have paid Tobii for the Product (including original shipping costs except any costs for express delivery). Please note that Tobii will not reimburse you for any tax, import duty and/or other official charges associated with importing the Product. Certain countries permit refunds of customs duties paid on products you subsequently return. Please contact your local authority for further information.

If you are a consumer, please be informed that it is our responsibility to provide you with a Product that meet you consumer rights and the above is in addition to and will not limit any rights you may have under applicable mandatory law. However, your complaint must be made to Tobii within a reasonable time after you discovered or should have discovered the defect, and in any event not later than within three years after you received the Product.

11  Right to withdrawal - for consumers only

If you are a consumer (a natural person who places an order for purposes which are outside your trade, business, craft or profession), you have a right to cancel the purchase by sending Tobii a message to this effect within 14 days from the date when the you received the Product (withdrawal period).

If you want to withdraw, you should contact the customer service department (available here) for a Return Authorization (RA) number and unequivocally notify Tobii of your wish to withdraw. The RA number is needed for identification and management of the withdrawal.

The Product must be returned to Tobii within 14 days from when your notice of withdrawal was submitted to Tobii. Please note that the return is at your own risk and expense. You should thus package the Product well and preferably in the original packaging in order to minimize the risk of shipping damage. The RA number should always be attached to the Product or packaging. We will refund the amount that you paid to us for the Product, including the original shipping cost (except any costs for express delivery), within 14 days from receipt of your notice of withdrawal, provided that Tobii has within this time either received the returned Product, or proof that the Product has been returned.

We will use the same means of payment as you used for the transaction, and you will not incur any fees for such reimbursement. If you paid for your order using a credit or debit card then your refund will be made back to the same card.

Important information:

  • You must inform us that you want to withdraw and follow instructions above; simply refusing to take delivery or pick up the Product will not entitle you to a refund (see section 5 above, Shipping and Delivery Terms).
  • If you are outside the EU, this obligation also includes to clear the Product for import, pay any tax and import duty and carry out any import customs formalities and thereafter return the Product.
  • The shipping costs and any other costs for importing or returning the Product are not refundable and can exceed the Product’s total price. 
  • You may be required to compensate Tobii for any decrease in the value of the Product due to the Product being used or handled to a greater extent than would have been necessary to determine its properties or function. Such reduction on the refund can amount to the Product’s total price.

12  Product functionality

The Product is a measurement device and performance can vary based e.g. on an individual’s eye color, facial physiognomy, glasses, contact lenses or on surrounding light conditions. Any specifications of Product functionality, written or otherwise presented, relate to performance over the world population and an individual can experience both higher and lower performance.

All specifications of the Product, including illustrations, drawings, instructions, dimensions, performance data and other information published in the Store or otherwise made available by us are intended to give no more than a general illustration of the Product and its features. They do not constitute a warranty or representation by us that the Product will conform to the same.

13  Hardware warranty, remedies and limitation of liability

Tobii warrants, during a period of twelve (12) months following shipment of the Product (the “Warranty Period”), that the Device corresponds in all material respects to the specifications provided in Store at the time of the order confirmation.

This warranty is nontransferable and applies only to you in your capacity as original customer, except to the extent such warranties are transferrable under applicable mandatory law.

This warranty does not guarantee uninterrupted use of the Product. Nor does it include any Software distributed together with the Product.

Tobii’s liability for defects in the Product is limited to what is stated in the warranty above and you cannot make other claims against Tobii due to other defects.

In no event shall Tobii’s liability extend to defects, damages or losses resulting from:

  • third-party products
  • customer altering, modifying or using the Product in a way inconsistent with the intended use of the Product
  • customer using the Product in any manner or for any purpose other than the permitted purpose
  • negligence by customer or any party for which customer is liable
  • normal wear and tear of the Product, or
  • problems that arise as a result of damage that has been caused, in Tobii’s reasonable estimation, by servicing (upgrading, expansion, disassembly, repair, or other modification) by anyone who is not expressly authorized by Tobii to perform such service.

This warranty replaces all other warranties, expressed or implied, including but not limited to any implied warranties of merchantability and fitness for a particular purpose. However, some laws do not allow the exclusion of implied warranties. To the extent these laws apply, then all expressed and implied warranties are limited in duration to the warranty period above. No warranties apply after that period.

Tobii shall not be liable for any indirect, incidental or consequential damages, including but not limited to loss of business or goodwill, loss of revenue or loss of profits, downtime or replacement of equipment and property or any loss of data, that may be incurred due to the purchase of the Product or the use of the Product or any part thereof, except to the extent caused by gross negligence or willful intent by Tobii.

In any event, Tobii’s liability shall be limited to the order sum, i.e. the total price paid by the customer to Tobii (including original shipping costs except express delivery) for the particular Product contained in the particular order that directly caused the liability, except for in circumstances of gross negligence or willful misconduct by Tobii.

If you are a consumer, this warranty applies in addition to and does not limit any rights that you may have under applicable mandatory law. Further, the limitations of liability in this section will not limit any rights that you may have under applicable mandatory law, though however the right to compensation shall in no event include losses related to business activities.

14  Handling your personal information

Customer agrees to the terms of Tobii’s Privacy Policy, available here on www.tobii.com.

Customer explicitly agrees and/or has obtained all necessary approvals by all possible pertinent parties (e.g. employees of Customer or its subcontractors) that Tobii and the companies affiliated worldwide with Tobii, including its data service providers and payment service providers, shall be entitled to process and use worldwide the data connected with the web purchase (e.g. name, address, contact details such as email address and phone number, issued orders, and details regarding the rendered services); and in particular to save information on a central client database of the Tobii consortium, even after the end of the warranty period. This is done to be able to selectively target and answer any possible support questions, questions of warranty and/or other follow up questions by the Customer.

15  Technical support

Our support page on the web is the place to turn to for help with any hardware or software related issues you have. The support page is in the English language. There are no other dedicated support channels for the Product.

16  Miscellaneous

Although we strive to keep all information on the Store updated at all times, typos do happen. We reserve the right to correct inaccuracies, omissions, typographical errors and errors in specifications, pricing, etc. without prior notification.

Tobii reserves the right to change prices at any time, and to correct pricing errors that may inadvertently occur. If you have already entered into a purchase agreement at the time of the price change, you are not entitled to a refund. In the event of a pricing error, we will notify you of the error and allow you to either proceed with the transaction at the correct price or cancel your order at no cost to you. If we are unable to contact you, your order will be automatically cancelled.

Tobii is relieved from liability for a failure to perform any of its obligations due to any circumstance beyond its immediate control, which impedes, delays, or aggravates any obligation to be fulfilled by Tobii under the Terms, such as changes in laws and regulations or in the interpretation thereof, acts of authorities, war, acts of war, labor disputes, blockades, major accidents, defects in data or tele communications and currency restrictions (including labor dispute in which Tobii is a party)

If any portion of the Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.

17  Governing law and dispute resolution

These Terms are governed by Swedish law, excluding its conflict of law principles.

Any dispute, controversy or claim arising out of or in connection with the Terms or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered at the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”) located in Stockholm, and you irrevocably agree to submit to exclusive jurisdiction thereof. Arbitration shall be conducted in English language. The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators. If you are a consumer, this paragraph shall not limit any rights you may have under applicable mandatory law.

If you are a consumer within the EU, you have the right to refer a dispute to the Swedish National Board for Consumer Disputes. However, the Board’s recommendations are unbinding.

18  Applicability

These Terms apply from and including June 9, 2016 and replace all other terms previously published by Tobii for purchases of the Product.