Terms of Sale

Please review these Terms carefully as these terms govern your purchase of the products in your order (the “Products”) from Immersed and set out your rights and obligations with respect to your purchases. These are the Terms under which we are willing to provide you with the Products. Please be certain you understand them.

By purchasing the Products, you agree that you have read these Terms and are legally bound by them.

Account and Ordering. While an Account is not mandatory for shopping on our website, registering can streamline your online shopping experience. Ensure accurate contact details during order placement or Account creation, as we'll use them for communication.

After placing an order, you can cancel, return, or exchange based on the product's nature, following our "Return or Exchange" and/or "Immersed Digital Content Refund Policy." Orders may ship globally from our manufacturing and/or distribution partners. Once shipped, you'll receive an email with tracking information. Due to the custom-built nature of Visor Products, fulfillment times vary, and provided shipment dates are estimates. Please allow 3-5 business days for tracking updates. Check order status and tracking in your Immersed Account at https://immersed.com/account.

No Prohibited Purchases. To place an order, you must be of legal age in your country. You agree not to make any purchases or use or attempt to use the Products for any illegal, unlawful purpose, or fraudulent purpose. You also agree not to transfer or otherwise provide the Products to any third party for any illegal, unlawful, or fraudulent purpose, or in contravention of these Terms.

Sales to End Users Only. Purchases made through the Site or from any authorized retailers are for end user customers only. To the extent permitted by applicable laws, any offers of transfers, transfers, offers of sale, sales or resales to dealers, resellers or distributors or any other third-party anywhere in the world are strictly prohibited. If we believe you are involved in purchase for resale or in violation of these Terms, Immersed reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, remotely turn off a Product (including, without limitation, any Visor Product), and/or suspend or close your Account. If the balance from an Immersed Gift Card is used for a transaction, the amount is deducted from your Gift Card at the time of purchase. If the total amount of the transaction is greater than the balance available in Gift Card, your credit card will be charged for the balance.

Payment Methods. Immersed accepts credit cards, debit cards, Immersed Gift Cards, and online payment services like Google Pay, Amazon Pay, Shop Pay, and Apple Pay. Some services may require account creation. When using a credit card, Immersed may obtain pre-approval up to the order amount. Billing occurs at purchase, shipment, or through automatic renewal as described below and on our Site. Presented payment terms during purchase are part of these Terms.

Prices. Your total price will include the price of the Products in your order plus any applicable sales tax, value-added tax, any other applicable tax of levy that we are required to collect, and shipping charges, less any discounts offered. Immersed reserves the right to change prices for Products offered at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering. Exact shipping rates depend on the country where your order is being delivered to.

Prices are quoted in US dollars. All applicable prices are set forth alongside the Products and services offered on the Site. They may differ from the prices offered elsewhere (online or offline) by us for the same Products and/or services. Such prices are subject to change at any time by us in our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). If your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control.

Canceled and Rejected Orders. All orders for Product are subject to availability. We explicitly reserve the right to cancel or not to accept your order for any reason, or no reason at all, in our sole and absolute discretion. We also reserve the right to cancel your order by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the order we canceled less any transaction fees:

• the Product is not in stock or is unavailable;
• the information your provided to us, such as your billing information, is not correct or not verifiable;
• your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
• your payment method failed;
• we believe you are prohibited from making a purchase, such as you are under the legal age in your country;
• we believe that you are a reseller;
• there was an error in the price displayed on our Site;
• we could not deliver to the address provided by you; or
• we believe you have violated these Terms.

Promotions. From time to time, Immersed may offer discounts or coupon codes and/or other offers for free or discounted Products or services for promotional purposes, including via loyalty and rewards programs (collectively, “Promo Offers”).  To the extent permissible under applicable laws, the following rules apply to any such Promo Offers made by Immersed such as through our Site or through any other direct to consumer communication.  Terms and conditions for each Promo Offer may vary, but unless expressly stated otherwise, the following terms will be deemed to apply, with any conflicts being governed by the terms specified in the Promo Offer.

• Promo Offers can only be redeemed on purchases made directly from Immersed, such as through our website (“Promo Offer Sales”).
• Promo Offers may not be combined, are non-transferrable, and have no cash value.  Promo Offers cannot be sold or otherwise bartered, are limited one per registered household, and are void where prohibited.
• Customers who redeem a Promo Offer shall be responsible for any applicable taxes or fees associated with the corresponding Promo Offer Sale.

• Promo Offers are for a limited time only, subject to any express expiration date and/or supply availability limitations.  If no expiration date is provided, the Promo Offer will be deemed to expire from the earlier of (1) when the Promo Offer is terminated or otherwise removed by Immersed or (2) after six (6) months from date the Promo Offer was first communicated to the end user recipient.  Promo Offers do not apply to prior sales or orders.  To the extent permitted under applicable law, Promo Offers may be discontinued at any time at Immersed’s sole discretion.
• Immersed’s Terms & Conditions section, including, without limitation, of these Terms applies with respect to any Promo Offer Sales.
• All Promo Offer Sales are subject to Product availability.
• Immersed reserves the right not to accept orders (involving a Promo Offer or not) where, Immersed has any reason to suspect that any part of said order involves fraudulent activity or violates these Terms.
• Subject to any other applicable terms and conditions mentioned herein, in the event any item included in a Promo Offer Sales order is returned Immersed may at its sole discretion determine that such partial returns are only qualified for replacements.  Where Immersed decides to issue a refund, the amount refunded will not exceed the price paid for that item(s) under the applied Promo Offer.
• Promo Offer terms may vary by Product.
• Immersed reserves the right to cancel any order relating to fraudulent or any other misuse of Promo Offers.
• Discounts and Promo Offers do not apply to the purchase of Gift Cards

Visor Plus Membership Plan

PLEASE READ THESE TERMS AND CONDITIONS OF THE IMMERSED VISOR PLUS MEMBERSHIP (VPM) CAREFULLY. BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.

Returns and Exchanges: Visor Products purchased through the Visor Plus membership (VPM) are not eligible for exchange return, or a monetary refund, except as specified in the "Returns and Exchanges" section of these terms.

Changes to VPM: We reserve the right to modify VPM details, and in such cases, we will provide notice of the changes. If significant changes adversely affect the core purpose of the original membership, you can appeal to Immersed for the option to cancel your membership following these changes, on the condition that you return the device in good working order without any damage. Immersed reserves the right to reject the appeal. In case of an appeal granted by Immersed, prior membership fees will not be returned, and the customer is absolved from any remaining term, if applicable, upon Immersed receiving a working and undamaged device.

Usage Terms: Visor Products obtained through the VPM are for use by the original account holder only. Selling or reselling any products or services from the VPM is prohibited. We may cancel or reduce any order or services without notice if we believe it may violate our terms.

Recurring Billing.The Membership payment terms may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you.  By choosing a recurring payment plan, you acknowledge that such Membership Fees have an initial and recurring payment feature and you accept responsibility for all recurring charges through the full membership term.  WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY OR ANNUALLY, DEPENDING ON YOUR SUBSCRIPTION) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS AT HTTPS://IMMERSED.COM/ACCOUNT.

Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS AT HTTPS://IMMERSED.COM/ACCOUNT. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY MEMBERSHIP FEES UNDER YOUR BILLING ACCOUNT.

VPM Auto-Renewal Policy: Membership fee(s) are non-refundable and are charged based on the plan selected, subject to change at our discretion. Your membership will automatically be extended unless the auto-renewal is canceled through your account settings. At the end of each membership term, you will be notified via email at least 30 days in advance that your membership is set to auto-renew and that you have the option to cancel auto-renewal. To change or cancel your membership’s auto-renewal, go to your account settings at https://immersed.com/account. Auto-renewal cancellation requests received after the first day of a new term apply to the following term. To avoid new charges, cancel at least 7 days before the renewal date.

Note: All fees related to participation are fully earned upon payment. If you cancel before the end of the existing term, no refund will be provided. Your membership continues until canceled, and any cancellation after the first day of a new term applies to the following term.

Device Unlocking. Only prepaid devices and devices that have finished paying its first membership term are completely unlocked, and can no longer be locked by Immersed.

Device Operational Status. Until the first membership term is fully paid, devices will remain operational provided they establish an internet connection at least once every 30 days for status validation. This ensures up-to-date payments, access to officially supported firmware, and more.

Sales Tax. Immersed Site transactions will include sales tax based on the delivery address and the sales tax rate in effect at the time your transaction is completed. If the sales tax rate for the state to which your order is being shipped changes before the product is shipped, the rate in effect at the time your order was received will apply. You are responsible for all applicable sales taxes, and Immersed has the right to collect any tax it believes it is obligated to collect.

Immersed Gift Cards. Immersed Gift Cards are for transactions on the Immersed website only. Sales tax will not be charged when the Gift Card is purchased. Sales tax is charged when the Gift Card is redeemed. The tax rate on the transaction is based on the delivery address of the redeemer. Gift Cards may not be used to purchase other Gift Cards. Discounts and promo offers cannot be used toward the purchase price of Gift Cards.

Shipping. Delivery will be by common carrier F.O.B. globally from our manufacturing and/or distribution partners. You assume sole risk of loss or destruction to the Products during shipment. Upon delivery, please inspect the packaging for damage. If it appears that the Products are damaged, please do not accept the shipment.

Shipping costs are non-refundable, even if you need to return an item, unless the return is due to a Product defect. In the case of refused deliveries, the total delivery shipping cost and customs or duties amounts that are applied by the destination country will be subtracted from any refund that you receive.

Returns and Exchanges: 

We accept returns and exchanges for Products under the following conditions:

1. Digital Content Purchased Online:

• Within 14 days of purchase for digital content bought through http://immersed.com/marketplace or the Immersed app (refer to the “Digital Content Return Policy” below).

2. Physical Products (including Immersed’s Visor 4K or Visor Founder’s Edition Products):

• If you are unhappy or unsatisfied with your Visor Device or the Services, you may cancel your Membership and return your undamaged Visor Device (at your own cost) for any reason within thirty (30) days of receipt of your Visor Device for a full refund of the Initial Membership Fee (which will be refunded via your original payment method), less return shipping costs and a 20% restocking fee.
• Exception: Pre-orders for Immersed’s Visor Product(s) through visor.com cannot be canceled once in production. However, you may return the Visor Product(s) within 30 days of shipment and receipt, less return shipping costs and a 20% restocking fee.
• Devices with manufacturing defects are eligible for warranty repair (as specified in the Warranty section of these terms). Devices requiring IPD modification or exchanges will not incur shipping fees.
• If you wish to cancel a pre-order for a refund before it goes into production, email support@visor.com. The payment processor fee incurred during the transaction will be deducted from the refunded amount.

Return Conditions:

• Products must be in their original, new, and resalable condition.
• Unaltered, undamaged, like-new.

For further assistance or inquiries, please contact support@visor.com.

If you want to return or exchange a Product or if you receive damaged or defective Products or experience a quality issue, please email support@visor.com.

How to Return & Exchange

• Upon submitting your request for return or exchange for Visor Products, you will receive instructions on how to send your Visor Device and Battery Pack back to us via email.
• Refunds or exchanges will be processed once we have confirmed returned items have been received by Immersed and fulfill the Return Conditions.

Please note: Refunds will be issued to your original form of payment, provided that the device meets the Return Conditions. Please allow up to 10 business days for your return to be processed once it arrives at our facility. You will receive an email once your return has been processed and we have issued your refund. If you do not return the Visor Device and Battery Pack within that 30-day period, the refund will not be applied.

Product Variations and Care

Minor differences in color and other variations in Products are possible as a result of different image acquisition, display technologies or other technical reasons. We are not liable for any such variations or deviations.  Please review all maintenance instructions printed on the labels of the Products. We are not liable for any damage resulting from incorrect usage of Products.

Warranty

Device Only (non-Visor Plus membership)

Immersed warrants that your Visor Device and Battery Pack are free from defects in materials or workmanship for a period of 30 days from the date of shipment (the "Warranty Period"). If your Device proves to be defective within the Warranty Period, Immersed will, at its discretion, either repair or replace the defective Device, subject to the conditions: This warranty is applicable only to the original purchaser of the Device and is non-transferable, to make a warranty claim, you must provide proof of purchase showing the date of purchase, the warranty does not cover damage caused by misuse, abuse, accident, alteration, or unauthorized repair and any repair or replacement under this warranty does not extend the original Warranty Period.

Standard Warranty (with Visor Plus membership)

Immersed warrants that your Visor Device and Battery Pack are free from defects in materials or workmanship for as long as you have an active membership with no outstanding balance or any unpaid fees (such period, the “Warranty Period” and such warranty, the “Standard Warranty”). If your Visor Device or Battery Pack is defective during the Warranty Period, Visor will provide the necessary replacement, subject to the conditions below, at no additional charge. Immersed is not responsible to repair or replace your Visor Device or Battery Pack if you violate this Standard Warranty. This Standard Warranty is applicable only to the original purchaser of the Device and is non-transferable. To be eligible for the Standard Warranty, you must: – Have an active Membership with no outstanding balance or any unpaid fees; and – Have a valid Payment Method on file should a restocking fee of 20% (or the international price equivalent) be charged (as Visor is currently unable to process Payment Methods over the telephone); and – Have purchased the device directly from Immersed or Immersed-approved partners.

This Standard Warranty Does Not Cover: Lost Visor Devices(s) and Battery Pack(s);– Damage or failure through misuse or malfunction, normal wear and tear, improper or negligent use, improper or abnormal use, or any use contrary to instructions provided by Immersed;– Damage or failure due to accident, acts of God, unauthorized commercial use, abuse, neglect, theft, unusual atmospheric conditions;– Cosmetic damage;– Any unauthorized modification to the Visor Device or Battery Pack;– Attempted repair by unauthorized persons or with any parts not originally intended for or compatible with the Visor Device or Visor Battery Pack; or– Any alteration of the factory model name and/or serial number. This Standard Warranty gives the purchaser specific legal rights.

Limitations of Liability and Dispute Resolution. Your orders and purchases are subject to the limitations of liability and all other Terms.  Please note that the Terms also require the use of binding arbitration to resolve disputes rather than jury trials or class actions (please see details in our Terms & Conditions).

Privacy Policy and Terms & Conditions. Please review our Privacy Policy and Terms & Conditions, which can be found at the following addresses respectively: https://immersed.com/privacy and https://immersed.com/terms-and-conditions. The Privacy Policy governs our processing of all personal information that we may collect from any person through the use of our Site. The Terms & Conditions governs your use of our Site in general.

Changes to this Terms of Sale. We may change this Terms of Sale. If we make any changes, we will change the Last Updated date above.