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. 'digital content’ means data which are produced and supplied in digital form;
d. ‘product(s)’ means the hardware and digital content product(s) and related accessories listed and described on the Site which Trader agrees to provide to you in accordance with these Terms;
e. 'service(s)' means the services, listed and described on the Site available for provision to you in accordance with these Terms.
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
+44 039663923
support_uk@t3micro.com
If you are not happy with the way that we propose to resolve the issue, you can raise a com-plaint with the EU Online Dispute Resolution platform by following this link: http://ec.europa.eu/consumers/odr/
SECTION 3 - APPLICABILITY
3.1 - These Terms apply to every offer of Trader and every contract concluded between Trader and you.
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. This condition does not affect your statutory rights related to electronic communications.
4.2 - By placing an order on the Site, you agree to comply with these Terms and you agree that you have the legal right to use the payment means selected by you. Verification of information provid-ed 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 - Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. We will also send you confirmation by email that we have shipped the product and/or the third party service provider has started to provide service to you to you. Note that we will only deliver products or services to UK ad-dresses. We will inform you by email if, we are unable to accept your order. This might be be-cause a product and/or a service you ordered is unavailable, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product and/or service or because we are unable to meet a delivery deadline you have specified.
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 - If you are a consumer, save where you do not have a right of withdrawal as per clause 5.6, 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 service contracts, the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
b. in case of sales contracts for products (excluding digital content), the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the products, or:
c. 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;
d. 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;
e. in the case of sales contracts of digital content .you have [14] days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming.
5.2 - To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract. You may use the attached model Withdrawal From, 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 https://www.t3micro.co.uk/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 +44 039663923 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 standard delivery (we will not reimburse additional costs of expedited delivery if you 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 hav-ing sent back the products, whichever is the earliest.
5.4 - You must send back the products to ModusLink BV, Smakterweg 100, 5804 AM, Venray, The 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 be-fore 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 monitor-ing of delivery status for your returns.
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 - You will not have a right of withdrawal
a. where a product has been made to your specifications or has been personalized; b. digital products after you have started to download or stream; and c. for digital content where we delivered the digital content to you immediately, and you agreed to this when ordering, that you would not have a right to change your mind.
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.
5.8 - 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 and/or commence provision of services to you without undue delay, but not later than 30 days from the day on which we accept your order under Clause 4.3.
6.2 - Where we have failed to fulfil our obligation to deliver the products and/or commence the 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 the provision of services within that additional period of time, you shall be entitled to terminate the contract. The above shall not be applicable to sales contracts and/or services contracts 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 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 terminate the contract immediately.
6.3 - Upon termination of the contract [in accordance with clause 6.2], we shall, without undue delay and at the latest within 14 days from the order cancellation, 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 public 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 pos-session of the products.
6.7 - Our standard shipping charges are based on the total value and/or size and/or weight of merchandise shipped in a single shipment and the shipping address. Charges for expedited delivery, if applicable, are in addition to the standard shipping charge. 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 de-livery 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 - IF THERE IS A PROBLEM WITH THE PRODUCT
8.1 - If you are a consumer the provisions of 8.1 to 8.3 apply: How to tell us about problems. If you have any questions or complaints about the product and/or service, please contact us. You can telephone our customer service team at +44 039663923 or write to us at support_uk@t3micro.com
8.2 - Summary of your legal rights - We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these Terms will affect your legal rights.
Summary of you legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed in-formation please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
If your product is digital content the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
If your digital content is faulty, you're entitled to a repair or a replacement. If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back. If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensationIf your product is services, the Consumer Rights Act 2015 says:
You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it. If you haven't agreed a price beforehand, what you're asked to pay must be reasonable. If you haven't agreed a time beforehand, it must be carried out within a reasonable time.8.3 - Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must return them to us. We will pay the costs of postage. Please call customer services on +44 039663923 or email us at support_uk@t3micro.com for a return label.
If you are not a consumer, the provisions of Clauses 8.4 - 8.5 apply:
8.4 - Our sole obligation under the warranty at [clause 8.1] will be at our option to repair or replace the product. ALL IMPLIED WARRANTIES, TERMS OR CONDITIONS OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THE WARRANTY AT CLAUSE [8.1]. TO THE FULLEST EXTENT PERMITTED BY LAW MODUSLINK B.V. EXCLUDES ALL OTHER EXPRESS OR IMPLIED WARRANTIES TERMS OR CONDITIONS.
8.5 - Warranty returns are limited to each product's individual warranty as set out[above?]. If you experience a problem with your T3 product, we suggest you first contact our support team for assistance – support_uk@t3micro.com.
SECTION 9 - LIABILITY
9.1 - If you are not a consumer we are only liable for loss and damage caused by us that you suffer that is a, foreseeable consequence of our breach of these Terms or our failing to use reasonable care and skill. 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, for example, if you notified us during the sales process.
9.2 - We do not exclude or limit our liability in any way to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987
9.3 - If you are not a consumer: Subject to clause 8.2 and unless provided otherwise in these Terms, these clauses 9.3-. 9.5 set out the entire financial liability of the parties (including any liability for the acts or omissions of their respective employees, agents and subcontractors) to each other for: (a) any breach of these Terms however arising; (b) any use made or resale of the products and/or services by you, or of any product incorporating any of the products; and (c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Terms.
9.4 - Nothing in these T shall limit or exclude the liability of either party for: (a) death or personal injury resulting from negligence; or (b) fraud or fraudulent misrepresentation; or (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979; or (d) breach of section 2 of the Consumer Protection Act 1987.
9.5 - Without prejudice to clause 9.4, neither party shall under any circumstances whatever be liable to the other, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any (a) loss of profit; (b) loss of goodwill; (c) loss of business; (d) loss of business opportunity; (e) loss of anticipated saving; (f) loss or corruption of data or information; or (g) special, indirect or consequential damage; for any special, indirect or consequential damage suffered by the other party that arises under or in connection with these Terms.
9.6 - Without prejudice to 9.4 or 9.5, our total liability arising under or in connection with these Terms, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall in all circumstances be limited to the price paid by you for the product or service.
SECTION 10 - PERSONAL INFORMATION AND YOUR PRIVACY AND EXPORT CONTROL
10.1- We comply with all data protection laws and will use data which could be used to identify you personally (“Personal data”) only as set out in the Privacy Policy.
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 Terms 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. However, any per-son who has acquired the product will be entitled to the same remedies as you as set out under Clause 8. 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 remedies for the consumer.
SECTION 12 - APPLICABLE LAW AND EXCLUSIVE JURISDICTION
12.1 - If you are a consumer: These Terms and your purchases are governed by the English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
12.2 - Where a dispute has arisen between us that we have not been able to resolve to your satisfaction, you may submit the dispute for online resolution to the the European Commission Online Dispute Resolution platform.
12.3 - The rights you have under these Terms 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 be-tween these Terms and applicable consumer protection law, your statutory rights under applicable consumer protection law shall prevail.
12.4 - If you are not a consumer: These Terms and your purchases are governed by Dutch laws, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply. Any dispute arising from or in connection with the Terms of Use, these Terms and your purchases shall be submitted to the exclusive jurisdiction of the competent court in the Netherlands.
SECTION 13 - OTHER
13.1 - 13.1 We comply with all laws related to environment and waste treatment. Please refer to WEEE annex below for more info.
ANNEX TO THE GENERAL TERMS AND CONDITIONS
UNITED KINGDOM
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 https://t3micro.co.uk (together with any successor site(s), the "Site").
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;
b. WEEE or waste electrical and electronic equipment: means waste electrical or electron-ic 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", as implemented under Italian law in Article 4, paragraph 1, lett. e) of Legislative Decree No. 49/2014;<./p>
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. WEEE from private households: means WEEE from private households as defined in Article 3(1)(h) of the WEEE Directive being “WEEE which comes from private house-holds and WEEE which comes from commercial, industrial, institutional and other sources which, because of its nature and quantity, is similar to that from private house-holds. 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”;
e. Producer: means any natural or legal person as defined in article 3 (1)(f) of the WEEE Directive and as implemented under French law in Article R. 543-174 I. - 1° of the French environmental code, i.e the ModusLink client;
f. Distributor: means any natural or legal person as defined in article 3 (1)(g) of the WEEE Directive, being: "any natural or legal person in the supply chain, who makes an EEE available on the market.";
g. UK WEEE Regulations means the Waste Electrical and Electronic Equipment Regulations 2013 (as amended) which implement the WEEE Directive in the United Kingdom.
15 - SCOPE OF INFORMATION REQUIREMENTS
15.1 - The information set out below applies to EEE as follows:
a. from 12 April 2014 to 14 August 2018 to EEE falling within the categories set out in Annex I of the WEEE Directive as implemented under Italian law in Annex 1 of Legislative Decree No. 49/2014. 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:
1. Large household appliances; 2. Small household appliances; 3. IT and telecommunications equipment; 4. Consumer equipment and photovoltaic panels 5. Lighting equipment; 6. Electrical and electronic tools (except large-scale fixed industrial tools); 7. Toys, leisure and sports equipment; 8. Medical devices; 9. Monitoring and control instruments 10. Automatic dispensers
b. from 15 August 2018 to all EEE, unless excluded in article 2 (3) of the WEEE Directive.
16 - INFORMATION FOR USER OF THE EEE
16.1 - Pursuant to regulation 44 of the UK WEEE Regulations the Distributor is required to make in-formation available in writing to users of EEE in private households on:
a. the requirement on each Member State under Article 5(1) of the WEEE Directive to minimise the disposal of WEEE as unsorted municipal waste and to achieve a high level of collection (including separate collection) of WEEE for treatment, recovery and environ-mentally sound disposal; b. the collection and take-back systems that are available to them; c. their role in contributing to the reuse, recycling and other forms of recovery of WEEE under the UK WEEE Regulations; d. the potential effects on the environment and human health as a result of the presence of hazardous substances in EEE; and e. the meaning of the crossed out wheeled bin symbol shown below.
3.2 - Note, pursuant to regulation 51 of the UK WEEE Regulations, Producers and Distributors are prohibited from showing to a person purchasing EEE otherwise than in the course of a business, at the time of sale of new EEE, the costs of financing the collection, treatment and environmentally sound disposal of WEEE from private households.
3.2 - Pursuant to Art. 11, paragraph 1, of Legislative Decree no. 49/14, producer and distributor offer a free service for the collection of the Household WEEE to the user who purchases an House-hold EEE provided that the Household WEEE has the same function as the purchased one.