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; f. ‘service(s)’ means the services, listed and described on the Site available for provision 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 +31 881232412 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 - RESCISSION
5.1 - If you are a consumer, save where you do not have a right of rescission as per clause 5.7, you have a period of 14 days to rescind the contract, without giving any reason, and without incurring any costs other than those provided for in this clause 5. The rescission period will expire after 14 days from:
a. in case of service contracts, the day of the conclusion of the contract;
b. in the case of contracts for the supply of digital content which is not supplied on a tangible medium, the day of the conclusion of the contract.
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 - T5.2 To exercise the right of rescission, you must inform us of your decision to rescind 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 Rescission Form, but it is not obligatory, but it is not obligatory. You may also electronically submit the model rescission form or any other unequivocal statement on our website using our Contact Page http://t3micro.nl/en/email-us, in which case we will communicate to you an acknowledgement of receipt of such a rescission on a durable medium without delay. For most efficient processing of your rescission we suggest that you first contact our call centre at +31 881232412 for further detailed instructions. You shall have exercised your right of rescission within the rescission period if the communication concern-ing the exercise of the right of rescission is sent by you before that period has expired. The exercise of the right of rescission shall terminate the obligations of the parties: (a) to perform the con-tract; or (b) to conclude the contract, in cases where an offer was made by you. If you exercise your right of rescission, any ancillary contracts shall be automatically terminated.
5.3 - If you rescind 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 rescind 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 trans-action, 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, Nether-lands 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 rescind 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 - If you want the performance of services to begin during the withdrawal period provided for in clause [5.1(a)] we require that you make an express request thereto. You acknowledge that you will lose your right of withdrawal once the service has been fully performed. If you exercise the right of withdrawal after having made such request, but before the service has been fully per-formed, you shall be liable to pay us costs, consisting of an amount which is in proportion to what has been provided until the time you have informed us of the exercise of the right of withdrawal, in comparison with the full performance of the obligation. The proportionate amount to be paid by you to us shall be calculated on the basis of the total price agreed in the contract. If the total price is excessive, the proportionate amount shall be calculated on the basis of the market value of what has been provided.
5.7 - In the following situations you do not have a right of rescission:a. service contracts after the service has been fully performed if the performance has begun with your prior express consent, and with the acknowledgement that you will lose your right of withdrawal once the contract has been fully performed by us; b. the supply of products or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by us and which may occur within the rescission period; c. the supply of products made to your specifications or clearly personalized; d. the supply of products which are liable to deteriorate or expire rapidly; e. the supply of sealed products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery; f. the supply of products which are, after delivery, according to their nature, inseparably mixed with other items; g. the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery; h. the supply of digital content which is not supplied on a tangible medium if the performance has begun with the your prior express consent and acknowledgment that you thereby lose your right of withdrawal.
5.8 - The burden of proof of exercising the right of rescission 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 rescission.
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 and/or commence provision of services 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 and/or commence provision of services within that additional period of time, you shall be entitled to rescind the contract. The above shall not be applicable to sales contracts and/or service contracts where we have re-fused to deliver the products where delivery 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 and/or services at the time agreed upon with you or within the time limit set out in clause 6.1, you shall be entitled to rescind the contract immediately.
6.3 - Upon rescission 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 recourse 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 and/or services 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.
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 +31 881232412.
8.2 - This clause 8.2 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 DURA-TION OF THE WARRANTY AT CLAUSE 8.1. MODUSLINK B.V. DISCLAIMS ALL OTHER EX-PRESS OR IMPLIED WARRANTIES OR CONDITIONS. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL MODUSLINK B.V. BE LIABLE FOR ANY LOSS OF DATA, REVE-NUE OR PROFIT, OR FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, LOSS OF BUSINESS AND REPUTATION, HOWEVER CAUSED, ARIS-ING 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 IN-CURRED BY ANY BUSINESS, TRADE, CRAFT OR PROFESSION CARRIED ON BY YOU OR ANY OTHER PERSON USING PRODUCTS PURCHASED UNDER THESE TERMS.. If you experience a problem with your product, we suggest you first contact us via our contact our support team for assistance.
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. Furthermore, nothing in these General Terms and Conditions shall purport to exclude any liability resulting from gross negligence or wilful misconduct of ModusLink B.V.'s executive management.
8.3 - 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.
9 - LIABILITY
9.1 - This clause 9.1 does not apply if you are a consumer. 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.
10 - PERSONAL INFORMATION AND YOUR PRIVACY AND EXPORT CONTROL
10.2 - Please note that products 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.
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 con-sent. The Trader has the right to assign the contract in full or in part to any company or entity for business reasons, and you hereby cooperate to such transfer in advance, provided that if you are a consumer and you do not agree to such transfer you will be entitled to terminate the contract with immediate effect.
12 - APPLICABLE LAW AND EXCLUSIVE JURISDICTION
12.3 - If you are a consumer: 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.