January 8th, 2018
EU TERMS AND CONDITIONS OF SALE – CONSUMER
The following Terms and Conditions of sale – Consumer (hereinafter “TCC-EU”) apply to access and use of the website www.paralenz.com (hereinafter “Website”) owned by Paralenz Group ApS (Refshalevej 163 A, 1432 Copenhagen K, Denmark, VAT: 37377074), and sales of products set out on the Website from time to time (hereinafter “Product(s)”) by Paralenz Sales ApS., (Refshalevej 163 A, 1432 Copenhagen K, Denmark, VAT: 38644505)), and/or their affiliated companies (hereinafter collectively “Vendor”).
Before a Consumer (definition: An individual who buys Product(s) for personal use and not for manufacture or resale), (hereinafter “Customer”) submitting an order on the Website, the Customer must read this TCC-EU carefully. Furthermore, the Customer must check the details of the Customer’s order, to make sure that these are correct. If the Customer notices a mistake in the order, the Customer must contact Vendor as soon as possible.
The TCC-EU are applicable for sales between Vendor and Customer. The TCC-EU shall, where applicable, apply unless otherwise agreed.
To place an order on the Website, the Customer must be a consumer (as defined above) and at least 16 years old.
2. BUSINESS CUSTOMER?
For sales between Vendor and Business Customers, the Terms and Conditions of sale – Business (“TCB”) shall apply – for more information, follow the below instructions for Business Customers.
If the Customer wishes to place an order as a Business Customer, please contact us on email@example.com
3. PRICE AND PAYMENT
All prices on the Website are quoted in Euro. For customers purchasing within the European Union (EU), all prices include Danish VAT of 25%. The total price will include shipping cost. The shipping cost will be calculated upon the address provided and added to the total price before checking out.
Please be informed that orders placed outside the European Union (EU), may be subject to VAT, import duties and/or taxes, which will be levied once the package reaches the Customer’s country. In accordance with Incoterm Delivered At Terminal (DAT), Vendor ships packages without collecting VAT, duties and/or taxes. For orders placed outside the European Union (EU), Vendor cannot predict the particular rates for VAT, import duties and/or taxes. Customer will be responsible for paying additional charges for customs clearance. As customs policies vary widely, the Customer is advised to contact the local customs office in the country of delivery.
If the Customer refuses a shipment from Vendor, the Customer is responsible for the original shipping charges, import fees, duties, and/or taxes that are incurred on the package, and for the cost of returning the package to Vendor. This amount will be deducted from the Customer’s Product(s) refund. Should the return fee exceed the total cost of the order, the package will be abandoned and the Customer will not be refunded.
Vendor accepts card payments by Visa, MasterCard and American Express. When a Customer pays by credit/debit card, the full amount will be charged to the Customer’s account as soon as the order leaves Vendor’s warehouse (upon dispatch).
Please be informed that Vendor does not accept any other payment methods for orders placed on the Website than those listed in the TCC-EU. Please do not attempt to pay by other ways than specified in the Price and Payment section. If the Customer pays by other payment methods than the ones stated in the Price and Payment section, Vendor will not be liable for any loss of payment or other damages resulting from the Customer’s actions. Additional fees may be charged by payment on the web store paralenz.com and will be listed and added the total price before the customer makes the purchase.
Orders will be shipped with a carrier or a delivery firm chosen by our fulfillment partner. The order can be tracked via the website of the carrier or delivery firm. Once an order has been placed on the Website, Vendor will send to the Customer an order confirmation. As soon as the Customer’s package has left Vendor’s warehouse, Vendor will send to the Customer an E-mail with a tracking number for the package.
All orders will be expedited as soon as possible. Vendor does not ship on public holidays. Orders will be shipped from Vendor within 2-3 business days. All orders are subject to availability.
Only orders to a delivery address can be fulfilled. A delivery address can be a home or office address in one of the listed countries in the Deliveries section. Vendor cannot deliver to PO Boxes, due to risk of credit card fraud and courier restrictions.
If Vendor is unable to deliver the Product(s) within the agreed delivery date, the Customer may be entitled, under certain circumstances, to cancel the order and get a refund. If no delivery date has been agreed upon, the Customer may be entitled, under certain circumstances, to cancel the order and get a refund, within thirty (30) days from the day of receiving an order confirmation.
5. RETURNS AND REFUNDS
In accordance with the Danish Consumer Protection Act, the Customer is entitled to cancel an order within fourteen (14) days. If the Customer wishes to return an order, the Customer must notify Vendor before expiry of the fourteen (14) days. The right to return an order expires fourteen (14) days after the day that the Customer:
- have received your product.
- receive the final product in physical possession, when it is an agreement regarding several different products, which have been ordered in one order, and which are delivered individually.
- receive the last lot or the last part in physical possession, when it is an agreement on delivery of a product, which consists of several lots or parts.
The Customer must within 14 days of the receipt notify Vendor if the Customer want to regret the purchase. The announcement must be made through firstname.lastname@example.org. In the message, the customer must make it clear that they want to use the right of cancellation. The Customer can also choose to use the standard cancellation form and return this to Vendor. Find the standard cancellation form by following this link. The Customer cannot regret just by denying receipt of the product without at the same time making this clear to Vendor.
The Customer must send the order back to Vendor without undue delay and no later than 14 days after the Customer have informed Vendor that they wish to regret the purchase. The Customer must pay the direct cost of returning the product. At returning the Customer is responsible for the product being wrapped securely. The Customer bear the risk of the product from the time of delivery of the product.
How to return a product:
- The Customer must notify Vendor if the Customer wishes to return the ordered Product(s). The Customer must contact Vendor by E-mail (email@example.com) within fourteen (14) days of receiving the ordered Product(s).
- The Product(s) returned must be send to Vendor’s warehouse within fourteen (14) days from the Customer’s notification of return.
- The Customer must fill in the return form, and send this along with the Product(s) returned. The return form comes prepaid by Vendor with the Customer’s ordered Product(s).
- Vendor will refund within fourteen (14) days after Vendor receives the Customer’s notification of return. However, a refund will not be made before Vendor receives the Product(s) at Vendor’s warehouse or before Vendor receives documentation proving shipping of the Product(s).
- If the returned Product(s) are not in their original packaging and in the same condition as when received by Customer, a deduction will be made in the refund similar to the decrease in the value of the Product(s).
Please return ordered Product(s) to the following address:
Paralenz Sales ApS
Refshalevej 163A, st. mf.
DK-1432 Copenhagen K
5.2 PRODUCTS EXCLUDED FROM THE RIGHT OF CANCELLATION
The following product types are excluded from the right of cancellation:
- delivery of products manufactured according to the consumer’s specifications or products which have been made clearly personalized.
- delivery of sealed audio or video recordings or computer software, on which the consumer has broken the seal.
- delivery of digital content, which is not delivered on a physical medium, if performance has begun with the consumer’s prior express consent and recognition of the fact that the consumer thereby will lose his right of cancellation.
5.3 THE CONDITION OF THE PRODUCT WHEN THE COSTUMER RETURN IT
The Customer are only responsible for any deterioration in the product value which is due to other handling than what is necessary to determine the product’s nature, characteristics, and the way it works. In other words – the Customer can test the product in the same way as if they tested it in a physical store.
If the product has been tested in addition to what is described above, Vendor consider it as used, which means that when regretting the purchase, the Costumer only get part or none of the purchase price returned, depending on the commercial value of the product.
Missing original packaging may be an impairment, so to be sure to receive all the money back, it is recommended that the product is returned in original packaging.
To receive the full purchase, price the Customer must therefore do the same, as the Costumer would do in a physical store. The Costumer can test the product but cannot start using the product.
5.4 REPAYMENT OF THE PURCHASE PRICE
If the Customer has acted in accordance with the above-mentioned conditions for Returns and Refunds, Vendor will give the Customer a full refund of the purchase price, this including the original shipping charges for the ordered Product(s) that the Customer returns to Vendor (not, however, additional costs incurred as a result of the Costumers own choice of a different form of delivery than the cheapest form of standard delivery which Vendor offer). Vendor will refund to the Customer’s original payment method for the order within fourteen (14) days of receiving notification. Please note that a refund will not be paid before Vendor receives the returned Product(s) at Vendor’s warehouse or until Vendor receives documentation proving shipping of the returned Product(s).
When returning a Product(s), the Customer must make sure to pack the return safely, in order to prevent damages to the Product(s) or the original packaging. Please make sure that the original packaging of the Product(s) is intact. The Customer must keep both original receipts and tracking numbers for the return package, in order to follow and prove a return.
5.5 WHAT SHOULD I ALSO SEND BACK?
The Costumer must include a copy of the order confirmation. The expedition will happen faster if the Costumer also fill out the form/standard cancellation form or attach the following to firstname.lastname@example.org.
Note: Vendor do not receive packets sent cash on delivery.
5.6 MONEY BACK GUARANTEE & FREE RETURNS
If for any reason you do not wish to keep your purchase of your Paralenz Dive Camera, you are eligible for a full refund and eligible to return your entire order for no additional cost to your regional distribution center. Your device must be unused and returned within 14 days of your purchase in the original packaging in order to be eligible for the full refund.
6. FAULTY OR DAMAGED PRODUCTS(S)
In Accordance with the Danish Sale of Goods Act, the Customer is entitled to give notice of defects for a period of twenty-four (24) months. This means that you can get either the product repaired, exchanged, receive your money back, or have a reduction of the price, depending on the specific situation.
It is of course a requirement that the complaint is justified, and that the defect is not due to an incorrect use of the product or other tortious behavior.
If something is wrong with the Product(s) received, or if the Customer has received a Product(s) that is not identical with the Product(s) ordered by the Customer, the Customer must contact Vendor by E-mail: email@example.com. The Costumer must complain within “reasonable time” after you have discovered the defect of the product. If the costumer complains within two months after the defect has been found, the complaint will always be timely.
In order to return a defect Product(s), kindly fill in the return form which came with the ordered Product(s). The filled in return form is to be send together with the Product(s) returned.
In cases where the claim is valid according to the Danish Sales of Goods Act, Vendor shall also refund the Customer’s (reasonable) shipping expenses. Documentation for shipping expenses must be provided.
Please note that the Product(s) returned are the Customer’s responsibility until they reach Vendor’s warehouse. When returning a Product(s), the Customer must make sure to pack the return safely in order to prevent damages to the Product(s). The Customer must keep both original receipts and tracking numbers for the return package, in order to track and prove the return.
Please return ordered Product(s) to the following address:
Paralenz Sales ApS
Refshalevej 163A, st. mf.
DK-1432 Copenhagen K
Note: Vendor do not receive packets sent cash on delivery or similar.
7. LIMITATION IN LIABILITY
In case the Vendor is responsible for a defect on a Product(s), the Vendor undertakes to repair, redeliver or repay the purchase price of the Product(s). The Vendor is not liable for the Product(s) compatibility with other Product(s) on the Vendor’s Website or the compatibility with the Customer’s current Product(s). Should the Vendor be held liable for compatibility issues, this should be explicitly stated by the Vendor or explicitly be indicated on the Product(s) information.
The Vendor is not, under any circumstances, liable for any indirect damages or consequential damages, including production or profit loss, claims by third parties and / or damage to data.
Vendor is responsible for product liability according to the Danish Product Liability law. Customer is obliged without delay to contact Vendor in writing, if there has been a product liability, or that there is a danger that such damage will occur.
8. INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
If any Product(s) delivered hereunder are held to infringe a third party’s patent, utility model, design, trademark or other intellectual property right, the Vendor will, at the Vendor’s option and expense, (i) procure for the Customer the right to continue using the Product(s); (b) replace the Product(s) with non-infringing substitutes provided that such substitutes do not entail a material diminution in performance or function; (c) modify the Product(s) to make them non-infringing; or (d) refund the purchase price of the Product(s) less a reasonable amount for usage. The foregoing states the Vendor’s sole liability for intellectual property rights infringement.
While Vendor have exercised due care when publishing texts, images and pricing on the Website, errors may occur. In view of the possibility of human error, Vendor is not held liable for any indirect third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential charges.
Vendor is not held liable for damages caused by using the Website or for matters of not being able to use the Website. Furthermore, Vendor cannot guarantee a secure and uninterrupted access to the Website.
10. INTELLECTUAL PROPERTY RIGHTS
All contents on the Website are owned by Vendor or its licensees. No part of the Website may be reproduced, stored in a retrieval system, or transmitted, without the prior written permission from Vendor.
The full ownership in all intellectual property rights in the Product(s) and Spare Parts (definition: Spare parts for the Product(s) offered by the Vendor from time to time) (hereinafter “Spare Part(s)”), including, without limitation, patents, designs, trademarks and copyrights, shall vest in the Vendor.
11. COMPLAINTS AND GOVERNING LAW
This TCC-EU entered into between Customer and Vendor shall be governed by and construed in accordance with the laws of Denmark. Any lawsuits, actions or proceedings that may be instituted by either party of us against the other, shall be instituted exclusively before the competent courts of Denmark.
Should the Customer wish to make a complaint, the Customer is always welcome to contact Vendor. Vendor will assist the Customer on any questions relating to Vendor’s services and Product(s). Please contact Vendor on the following E-mail address firstname.lastname@example.org or contact Vendor by phone on the following telephone number +45 +45 7070 7208.
Should Vendor be unable to resolve a complaint, and the Customer is unsatisfied with Vendor’s handling of the issue, the Customer may refer the complaint to the Danish Ombudsman by submitting a complaint to the following address:
Center for Klageløsning
Konkurrence- og Forbrugerstyrelsen
Att: Center for klageløsning
If the Customer is a citizen in the European Union, the Customer may also make a complaint via the Online Dispute Resolution (ORD) – Please follow the instructions on the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
12. FORCE MAJEURE
Either party shall be excused from any control, including, but not limited to, acts of God, acts of war, fire, insurrection, strikes, lock-outs or other serious labor disputes, riots, earthquakes, floods, explosions or other acts of nature. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. When such events have abated, the parties’ respective obligations shall resume. In the event the interruption of the excused party’s obligations continues for a period in excess of thirty calendar days, either party shall have the right to terminate the applicable contract(s) of sale, without liability, upon thirty calendar days’ prior written notice to the other party.