MODUSLINK TERMS AND CONDITIONS
SECTION 1 - DEFINITIONS
1.1 - The following terms and expressions shall have the following meanings a. 'consumer' means any natural person who is acting wholly or mainly for purposes which are outside his trade, business, craft or profession; b. 'day' means a calendar day; c. 'durable medium' means any instrument which enables you or the trader to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged re-production of the information stored d. 'digital content’ means data which are produced and supplied in digital form; e. ‘product(s)’ means the hair tools and accessories product(s and related accessories listed and described on the Site which Trader agrees to provide to you in accordance with these General Terms and Conditions;
SECTION 2- IDENTITY
2.1 - Products sold through the Site are sold to you by ModusLink B.V. ("Trader" or "us").
Trader's contact information is as follows:
ModusLink B.V. Wapenrustlaan 11-31 Apeldoorn Netherlands VAT: NL800610040B01 Chamber of Commerce: 08055138 in Apeldoorn, Netherlands.
For Complaints please contact: ModusLink B.V. Wapenrustlaan 11-31 Apeldoorn Netherlands +46 85250019 firstname.lastname@example.org
SECTION 3 - APPLICABILITY
3.1 - These General Terms and Conditions apply to every offer of Trader and every contract concluded between Trader and you. Local laws and regulations where you reside may affect certain terms and conditions. These General Terms and Conditions, accordingly, are subject to local variation depending on the applicable governing law. We reserve the right to make changes to these General Terms and Conditions and how we interact with you, including fulfilling your orders, at any time, to ensure compliance with local laws and regulations.
SECTION 4 - ORDERING AND CONTRACTING
4.1 - When you visit the Site, place an order, or send e-mails to us, you are communicating with us electronically. For contractual purposes, you consent to receive communications electronically from us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writ-ing. This condition does not affect your statutory rights related to electronic communications.
4.2 - You will be asked before the order confirmation to expressly accept these General Terms and Conditions and you represent and warrant that you are eighteen (18) years of age or older and have the legal right to use the payment means selected by you. Verification of information provided by you may be required prior to the confirmation or acceptance of an order or completion of any purchase. You will have an opportunity to review your order, and to correct any input errors, prior to submitting your order to us.
4.3 - After receipt of your order confirmation, we will send to you, without undue delay, an acknowledgement of receipt and the confirmation by email that we have shipped the product to you. Note that we will only deliver products to your Norwegian address. We will inform you by email if, to due circumstances not within the Trader’s reasonable control, a product you ordered is unavailable or if we will be unable to ship a product within the estimated delivery dates.
4.4 - All relevant sales information shall form an integral part of the contract and shall not be altered unless we have expressly agreed otherwise.
SECTION 5 - WITHDRAWAL
5.1 - Save where you do not have a right of withdrawal as per clause 5.7, you have a period of 14 days to withdraw from the contract, without giving any reason, and without incurring any costs other than those provided for in this clause 5. The withdrawal period will expire after 14 days from:
a. in case of sales contracts for products, the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the products, or:
i. in the case of multiple products ordered by you in one order and delivered separately: the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the last product;
ii. in the case of a contract relating to delivery of a product consisting of multiple lots or pieces: the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the last lot or piece;
iii. in the case of a contract for regular delivery of products during a defined period of time: on the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the first product.
5.2 - To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or using contact details provided to you as per clause 2.1). You may use the attached model Withdrawal Form, but it is not obligatory. You may also electronically submit the model withdrawal form or any other unequivocal statement on our website using our Contact Page http://t3micro.se/en/email-us, in which case we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium without delay. For most efficient processing of your withdrawal we suggest that you first contact our call centre at +32 23201485 for further detailed instructions. You shall have exercised your right of withdrawal within the withdrawal period if the communication concerning the exercise of the right of withdrawal is sent by you before that period has expired. The exercise of the right of withdrawal shall terminate the obligations of the parties to perform the contract. If you exercise your right of withdrawal, any ancillary contracts shall be automatically terminated.
5.3 - If you withdraw from the contract, we shall reimburse to you all payments received from you, including, if applicable, the costs of delivery (with the exception of the supplementary costs if you have expressly opted for a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to withdraw from this contract in accordance with clause 5.2. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise and provided you do not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the products back or until you have supplied evidence of having sent back the products, whichever is the earliest.
5.4 - You shall send back the products to ModusLink B.V., Smakterweg 100, 5804 AM Venray, Netherlands or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you have communicated your decision to withdraw from the contract to us in accordance with clause 5.2. The deadline is met if you send back the products before the period of 14 days has expired. In consideration of risk of loss or damage of products as implied under clause 6.6, we recommend that you use a carrier that allows tracking and monitoring of delivery status for your returns. For most efficient processing of your return we suggest that you contact us at the telephone number indicated to obtain a return merchandize authorization (RMA) number prior to returning your product.
5.5 - You shall only bear the direct cost of returning the products. You are only liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the products.5.6 - In the following situations you do not have a right of withdrawal: a. the supply of products for which the price is dependent on fluctuations in the financial market which cannot be controlled by us and which may occur within the withdrawal period; b. the supply of products made to your specifications or clearly personalized; c. the supply of products which are liable to deteriorate or expire rapidly; d. the supply of sealed products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery; e. the supply of products which are, after delivery, according to their nature, inseparably mixed with other items; and f. the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery; g. the delivery of digital content that is not delivered on a physical medium if the delivery has started with the consumer's express consent and the consumer acknowledges that the right to cancel is thus lost.
5.7 - The burden of proof of exercising the right of withdrawal in accordance with this clause shall be on you. Except as provided for in this clause 5, you shall not incur any liability as a consequence of the exercise of the right of withdrawal.
SECTION 6 - DELIVERY AND EXECUTION
6.1 - Unless we have agreed otherwise on the time of delivery, we shall deliver the products by transferring the physical possession or control of the products to you without undue delay, but not lat-er than 30 days from the conclusion of the contract.
6.2 - Where we have failed to fulfil our obligation to deliver the products at the time agreed upon with you or within the time limit set out in clause 6.1, you shall call upon us to make the delivery and/or commencement within an additional period of time appropriate to the circumstances. If we fail to deliver the products within that additional period of time, you shall be entitled to terminate the contract. The above shall not be applicable to sales contracts or where delivery or commencement within the agreed delivery period is essential taking into account all the circumstances attending the conclusion of the contract or where you inform us, prior to the conclusion of the contract, that delivery by or on a specified date is essential. In those cases, if we fail to deliver the products at the time agreed upon with you or within the time limit set out in clause 6.1, you shall be entitled to terminate the contract immediately.
6.3 - Upon termination of the contract in accordance with clause 6.2, we shall, without undue delay, reimburse all sums paid under the contract.
6.4 - In addition to the termination of the contract in accordance with clause 6.2, you may have re-course to other remedies provided for by national law.
6.5 - Orders are shipped on weekdays (Monday through Friday), except for applicable national holidays in the Netherlands. If any products in your shopping cart indicate “Pre-Order“ as the status, your entire order will be delayed until all of the items in your order are in stock. You will receive a shipment confirmation e-mail with carrier tracking information on the day that your order ships from our warehouse. When an order is placed, it will be shipped to the shipping address designated by you as long as that shipping address is complete and compliant with the shipping restrictions contained on the Site. All shipments are made by an independent third party carrier indicated on the Site. Shipping dates on the Site are estimates and are not binding. We will inform you by email upon shipment of a product. In case of conflict between this clause 6.5 and another part of clause 6, that other part shall prevail.
6.6 - Subject to clause 6.8, the title, risk of loss of or damage to the products shall pass to you when you or a third party indicated by you and other than the carrier has acquired the physical posses-sion of the products.
6.7 - Our standard shipping charges are €8 or free with €50 purchase . The charge for expedited delivery is €16. Standard and expedited shipping charges will be displayed on the Site before you place your order.
6.8 - Title to all products shall only pass to you when we have received final payment in full.
SECTION 7 - PRICE AND PAYMENT
7.1 - The prices displayed on the Site are the total prices quoted in the applicable currency based on the location you have selected, inclusive of taxes, or where the nature of the products is such that the price cannot reasonably be calculated in advance, the Site shall display the manner in which the price is to be calculated, as well as, where applicable, all additional freight, delivery or postal charges and any other costs or, where those charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable.
7.2 - In the event of a material pricing error on an item that you have ordered, we will notify you and await your approval of the corrected price before continuing to process your order. Your credit card or other payment instrument will be billed by Trader and the charge may appear on your statement as “T3 Micro via ModusLink”. If you do not wish to proceed, we will promptly refund any amounts previously billed.
SECTION 8 - WARRANTY
8.1 We warrant that for a period of two (2) years as from delivery of the product, the product will be in compliance with the contract, the manufacturer’s specifications and warranty terms supplied with the product, the reasonable requirements of usability and/or reliability, and the existing pro-visions of the applicable laws and / or governmental regulations on the date the contract was entered into. This warranty does not apply to products damaged by misuse, accident, or normal wear and tear. Because of possible user resealing error, this product is not warranted against water housing leakage or any resulting damage. The rights of the consumer under any applicable Norwegian legislation may apply in addition to the guarantee, and these rights are not affected by the guarantee,
In the event of a defect, please contact us via our Contact Us page or by calling our technical call centre +351 308813733.
8.2 - The following clause does not apply if you are a consumer. Our sole obligation under the warranty at clause 8.1 will be at our option to repair or replace the product.
ALL IMPLIED WARRANTIES OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THE WARRANTY AT CLAUSE [8.1]. MODUSLINK B.V. DIS-CLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS. TO THE EX-TENT NOT PROHIBITED BY LAW, IN NO EVENT WILL MODUSLINK B.V. BE LIABLE FOR ANY LOSS OF DATA, REVENUE OR PROFIT, OR FOR ANY INDIRECT DAMAGES, LOSS OF BUSINESS AND REPUTATION, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF MODUSLINK B.V. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MODUSLINK B.V.’S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. IN NO EVENT WILL MODUSLINK B.V. BE LIABLE FOR ANY LOSSES OR DAMAGE INCURRED BY ANY BUSINESS, TRADE, CRAFT OR PROFESSION CARRIED ON BY YOU OR ANY OTHER PER-SON USING PRODUCTS PURCHASED UNDER THESE TERMS.
8.3 - Warranty returns are limited to each product's individual warranty as defined on the product's packaging, instructions and on our website. If you experience problem with your T3 product, we suggest you first contact our support team for assistance.
8.4 Some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. The above warranty gives you specific legal rights. If you are a consumer, these rights do not affect your legal rights under applicable national legislation governing the sale of consumer products.
SECTION 9 - LIABILITY
9.1 - If you are a consumer we are only liable for losses that are a natural, foreseeable consequence of our breach of these General Terms and Conditions and in no event we are liable for any loss of data, or for any indirect damages. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. The foregoing does not affect your non-excludable statutory rights and only applies to the extent permitted by the applicable law.
9.2 - If you are not a consumer: Subject to clause 8.2 and unless provided otherwise in these General Terms and Conditions, we are not liable (for damages or otherwise)in connection with these General Terms and Conditions and any orders, products, or purchases except (a) to the extent dam-ages arise from our or our representatives’ or agents’ intentional or grossly negligent conduct, (b) for death or personal injury or damage to property caused by our defective products, (c) for death or personal injury caused by our or our representatives’ or agents’ negligence, or (d) to the extent our liability cannot validly be excluded under applicable law.
SECTION 10 - PERSONAL INFORMATION AND YOUR PRIVACY AND EXPORT CONTROL
10.2 - Please note that products, which may include technology and software, are subject to E.U. export laws as well as the laws of the country where they are delivered or used. You agree to abide by these laws. Under these laws, product(s) may not be sold, leased, or transferred to restricted countries, restricted end-users, or for restricted end-uses.
SECTION 11 - ASSIGNMENT
11.1 - The Contract formed under these General Terms and Conditions is personal to you and you are not permitted to assign or transfer it to any other person without the Trader’s prior written consent. The Trader has the right to assign the contract in full or in part to any company or entity for business reasons provided this would not serve to reduce the guarantees for the consumer.
SECTION 12 - APPLICABLE LAW AND EXCLUSIVE JURISDICTION
12.3 - The rights you have under these General Terms and Conditions are in addition to and do not affect the statutory rights and remedies you have under applicable consumer protection law. In the event of conflict between these General Terms and Conditions and applicable consumer protection law, your statutory rights under applicable consumer protection law shall prevail
SECTION 13 - OTHER
ANNEX TO THE GENERAL TERMS AND CONDITIONS
The following annex is part of the general terms and conditions that govern all online offers, sales and purchases through the website(s) currently located at http://www.t3micro.se (together with any successor site(s), the "Site").
SECTION 1 - DEFINITIONS
1.1 - The following terms and expressions shall have the following meaning:
a. WEEE Directive: means Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment as implemented under Swedish law by Decree-Law nº 67/2014, of May 7 2014;
b. WEEE or waste electrical and electronic equipment: means waste electrical or electronic equipment as defined in article 3 (1)(e), being "waste within the meaning of Article 3(1) of Directive 2008/98/EC, including all components, sub-assemblies and consumables which are part of the product at the time of discarding";
c. EEE or electrical and electronic equipment: means electrical or electronic equipment as defined in article 3 (1)(a) of the WEEE Directive, being " equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields and designed for use with a voltage rating not exceeding 1 000 volts for alternating current and 1 500 volts for direct current" ;
d. Household WEEE: means WEEE from private households as defined in Article 3(1)(h) of the WEEE Directive being “the WEEE from private households and the WEEE which comes from commercial, industrial, institutional and other sources which, because of its nature and quantity, is similar to that from private households. Waste from EEE likely to be used by both private households and users other than private households shall in any event be considered to be WEEE from private households; are qualified as professional WEEE the other WEEE”, as implemented under Swedish Law by Decree-Law nº 67/2014, of May 7 2014;
e. Producer: means [any natural or legal person as defined in article 3 (1)(f) of the WEEE Directive and as implemented under Swedish Law by Decree-Law nº 67/2014, of May 7 2014 ] [or] [name Producer, such as ModusLink Client]
f. Distributor: means any natural or legal person as defined in article 3 (1)(g) of the WEEE Directive and as implemented under Swedish Law by Decree-Law nº 67/2014, of May 7 2014, being: "any natural or legal person in the supply chain, who makes an EEE available on the market."
g. Swedish WEEE Regulation means Decree-Law nº 67/2014, of May 7 2014 which implements the WEEE Directive
SECTION 2 - SCOPE OF INFORMATION REQUIREMENTS
2.1 - The information set out below applies to EEE as follows:
a. from 13 August 2012 to 14 August 2018 to EEE falling within the categories set out in Annex I of the WEEE Directive and Annex III of the Swedish WEEE Regulation. Annex II of the WEEE Directive contains an indicative list of EEE which falls within the categories set out in Annex I.
This includes amongst others:
- Large household appliances
- Small household appliances
- IT and telecommunications equipment
- Consumer equipment and photovoltaic panels
- Lighting equipment
- Electrical and electronic tools
- Toys, leisure and sports equipment
- Medical devices
- Monitoring and control instruments
- Automatic dispensers
b. from 15 August 2018 to all EEE, unless excluded in article 2 (3) of the WEEE Directive and Annex III of the Swedish WEEE Regulation.
2.2 - Notwithstanding as set out in section 2.1 of this Annex, the information set out below does not apply to EEE excluded in article 2 (3) of the WEEE Directive as implemented under Swedish law in Sections 20 and 21 of the Swedish WEEE Regulation. The following EEE is excluded:
i. equipment which is necessary for the protection of the essential interests of the security of Sweden and other EU Member States, including arms, munitions and war material intended for specifically military purposes;
ii. equipment which is specifically designed and installed as part of another type of equipment that is excluded from or does not fall within the scope of the Swedish WEEE Regulation, which can fulfil its function only if it is part of that equipment; and
iii. filament bulbs
INFORMATION FOR USER OF THE EEE
3.1 - Pursuant to Section 39 of the Swedish WEEE Regulation the Producer and the Distributor are required to mark the EEE with:
a. the following crossed-out wheeled bin symbol, and if it is necessary with respect to the size and function of the EEE that symbol shall be attached and/or provided to the package, in the manual and in the warranty; and
b. information indicating that the EEE has been placed on the EU market after 13 August 2005.
3.2 - Pursuant to Section 61 of the Swedish WEEE Regulation anyone selling or giving away EEE primarily for private household use, including but not limited to the Producer and the Distributor, is required to inform the users of the possibility to leave and/or recycle WEEE to that person. The information shall be communicated at the finalization of the purchase or be clearly stated in the shop.
3.3 - Pursuant to Section 66 of the Swedish WEEE Regulation the Producer and the Distributor are required to generally provide, even if not directly to the user, the following information when placing new EEE on the EU market:
a. the components and materials of the EEE;
b. where hazardous substances are located in the EEE, if any; and;
c. any other information necessary to treat and dispose the WEEE in an environmentally sound way.
The information as set out in this section 3.3 shall be provided free of charge for those treating WEEE, no later than one year after the EEE has been placed on the market, through printed hand books or electronic resources.
3.4 - Pursuant to Section 67 of the Swedish WEEE Regulation the Producer and the Distributor are required to inform other than private households the following:
4a. - the obligation not to dispose of WEEE as unsorted municipal waste, as set out in the Waste Regulation (2011:927), and to collect and handle such WEEE separately;
4b. - the purpose of not to dispose of WEEE as unsorted municipal waste; and
4c. - how WEEE can be left and/or recycled to/by the Producer and the Distributor or returned to a collection system.
The information as set out in this section 3.4 shall be provided in a clear and understandable way and in way it comes into the hands of those who might be interested in leaving WEEE to the Producer or the Distributor or in returning WEEE to a collection system.