D-FLY PRIORITY ACCESS TERMS

Please read these Terms carefully before you place a Priority Access Order.

  • 1. ABOUT US
    • 1.1. We are D-Fly Group Ltd, a company registered in England. Our company number is 11605842. Our registered office is at 25 Moorgate, London, United Kingdom EC2R 6AY
    • 1.2. Please read these Terms carefully. If you have any questions, please email us at info@d-fly.com or write to us at the above address.
    • 1.3. By placing a Priority Access Order (as defined below), you agree to these Terms.
  • 2. THESE TERMS
    • 2.1. These Terms tell you who we are, provide you with details of how to submit a Priority Access Order, explain how you may cancel your Priority Access (as defined below) and receive a refund of your Refundable Priority Fee (as defined below), and provide other important information.
    • 2.2. We reserve the right to make changes to any part of these Terms from time to time.
    • 2.3. You acknowledge and agree that we may collect, use, store and process your personal data in accordance with our [Privacy policy]. This includes processing your name, country of residence, postal address, telephone number and email address in order to contact you with pre-sale production, pricing, and technical information ("Product Information").
    • 2.4. If you have provided us with the appropriate marketing consents, we may send you information about the Products and our similar products or services.
  • 3. YOUR PRIORITY ACCESS ORDER
    • 3.1. These Terms govern the basis on which you may obtain priority access ("Priority Access") to a production slot for one of the first [500] units of the [PRODUCT] ("Product"), which can be activated if you subsequently agree to purchase that Product (collectively a "Priority Access Order").
    • 3.2. To place a Priority Access Order, you must:
      • be at least 16 years old (and we reserve the right to verify you age);
      • complete the online Priority Access application form available at [WEBSITE] (the "Website"); and
      • pay us the Refundable Priority Fee (see section 4 for further details).
    • 3.3. Please note:
      • your Priority Access is only activated with respect to a Product if you subsequently place a binding order to purchase that Product and pay the applicable deposit;
      • you may cancel the Priority Access Order and obtain a full refund of the Refundable Priority Fee at any time prior to activating your Priority Access (see section 6 for further details).
    • 3.4. Please note that a Priority Access Order:
      • is not an order for a Product;
      • does not oblige you to purchase a Product;
      • does not give you preferential rights to purchase a Product.
    • 3.5. Only one Priority Access Order may be placed per person. Priority Access is personal to you and you cannot transfer it to any other person.
    • 3.6. We reserve the right to cancel your Priority Access at any time upon refunding your Refundable Priority Fee, without incurring any liability to you.
  • 4. THE REFUNDABLE PRIORITY FEE
    • 4.1. The fee required to secure your Priority Access ("Refundable Priority Fee") is as set out on the Website.
    • 4.2. The Refundable Priority Fee must be paid in cleared funds and must be paid online.
    • 4.3. Please note that payment of the Refundable Priority Fee in accordance with these Terms does not constitute a contract for the sale or purchase of the Product and does not create any legally binding obligations or liabilities as to the sale or purchase of the Product on either party.
  • 5. HOW TO PLACE A PRIORITY ACCESS ORDER
    • 5.1. Placing a Priority Access Order. [To place a Priority Access Order, you will need to register an account or log in to your existing account via our Website]. When submitting the Priority Access Order, the Website will guide you through the steps you need to take to place an order.
    • 5.2. Reviewing your Priority Access Order. Please take the time to read and check your Priority Access Order and make changes to any errors before submitting it.
    • 5.3. Acknowledging receipt of your Priority Access Order. Once you have submitted your Priority Access Order, you will see an on-screen acknowledgment that it has been received. Please note that this does not mean that your Priority Access Order has been accepted by us (see section 5.4).
    • 5.4. How we will accept your Priority Access Order. Our acceptance of your Priority Access Order will take place when we send you an email confirmation.
    • 5.5. If we cannot accept your Priority Access Order. If we are unable to accept your Priority Access Order for any reason, we will inform you of this in writing and will not process your Priority Access Order. This might be (amongst other things) because of a problem with our payment services provider, the funds for the payment do not clear, we are not able to verify your age, the Priority Access has been discontinued, we have identified an error in the price or description of the Product, or because there is an error on our Website. If your Refundable Priority Fee payment has already been paid, then we will refund you the full amount.
    • 5.6. Your order number. We will assign an order number to your Priority Access Order and communicate this number to you in the email confirmation. You should keep this number safe as it will be required when placing an order for the Product, if you choose to do so. This order number cannot be used by or transferred to any other party.
  • 6. REFUNDS
    • 6.1. To cancel the Priority Access Order and request a refund of the Refundable Priority Access, please log in to your account on the Website and follow the instructions for cancellation. You will receive an email confirming the refund, and it will take up to [7] working days to be processed.
    • 6.2. If you request a refund of the Refundable Priority Fee, you will no longer be entitled to Priority Access.
    • 6.3. If you do not enter into a purchase order to secure production of one of the first 500 Products then we will issue you with a full refund of the Refundable Priority Fee.
    • 6.4. If you enter into a purchase order for a Product, then the Refundable Priority Fee will be deducted from the final purchase amount and will no longer be refundable.
  • 7. THE PRODUCT
    • 7.1. Following confirmation of your Priority Access Order, we will send you final details of the Product in the Product Information.
    • 7.2. Other than as contained in the Product Information, all information, images, technical specification and design of the prototype as seen on the Website or any promotional media or literature may not reflect the final Product and are subject to change.
    • 7.3. The specifications and price set out are subject to change at our sole discretion.
    • 7.4. Your purchase of the Product will be governed by a separate agreement between you and us.
  • 8. OUR LIABILITY TO YOU
    • 8.1. We will provide the Priority Access Order service to you with reasonable skill and care, and in accordance with these Terms.
    • 8.2. Our liability to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
    • 8.3. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for:
      • 8.3.1. death or personal injury caused by our negligence;
      • 8.3.2. fraud or fraudulent misrepresentation;
      • 8.3.3. any other matter which it would be illegal for us to exclude our liability.
  • 9. OTHER IMPORTANT TERMS
    • 9.1. Advice about your consumer rights. As a consumer, you have mandatory legal rights in relation to services that are not provided with reasonable skill and care or not as described, or as otherwise set out under laws applicable to your country. Nothing in these Terms will affect these mandatory legal rights.
    • 9.2. Site availability. Whilst we will try and make the Priority Access service available to you via the Website, we cannot guarantee this.
    • 9.3. We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation within our group company.
    • 9.4. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    • 9.5. Nobody else has any rights under this contract. These Terms are between you and us. No other person shall have any rights to enforce any of its terms.
    • 9.6. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • 9.7. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    • 9.8. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Priority Access Order in the English courts. However, you shall not be prevented from bringing or defending proceedings in your home state nor of the protection afforded to you by the mandatory rules of law of the country in which you live.