USA TERMS & CONDITIONS OF SALE – CONSUMER
Updated on January 9th, 2018
TERMS AND CONDITIONS OF SALE
The following Terms and Conditions of sale – Consumer (hereinafter “TCC-US”) 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 Inc., (2711 Centerville Road, Suite 400, Wilmington, Delaware 19808, United States), 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”) submits an order on the Website, the Customer must read this TCC-US carefully and agree to its terms. 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-US are applicable for sales between Vendor and Customer. The TCC-US 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 18 years old. 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
2. PLACING AN ORDER ON THE WEBSITE
Note that all orders on the Website are subject to availability. Vendor explicitly reserves the right not to accept a Customer’s order for any reason. No binding purchase agreement exists between Customer and Vendor, until the Customer receives an order confirmation from Vendor.
3. PRICE AND PAYMENT
All prices on the Website are quoted in US Dollars (USD). Shipping costs are not included in quoted prices.
For orders placed within the United States, sales may be subject to local sales or other taxes or fees.
Orders that require fulfillment from outside the United States 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. 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.
For all sales, the total price to be charged upon shipment or dispatch, including any shipping fees or government charges, will be displayed and agreed to by the Customer when the order is placed on the Website.
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, Visa Electron, JCB, Maestro, Eurocard, MasterCard, PayPal. 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 herein. Vendor will not be liable for any loss of payment or other damages resulting from the use of any payment methods other than the list of acceptable payment methods identified above.
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 seek a refund. If no delivery date has been agreed upon, the Customer may be entitled to cancel the order and seek a refund within thirty (30) days from the day of receiving an order confirmation.
5. RETURNS AND REFUNDS
The Customer is entitled to return an order within fourteen (14) days of receiving the ordered Product(s). 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:
- received the ordered Product(s), or
- received the final ordered Product(s), if different Product(s) were part of the same order, but delivered individually.
For returns, please fill out the form at this link
SEALED PRODUCT(S) CONTAINING SOFTWARE, SOUND, OR VIDEO RECORDINGS, ARE EXCEPTED FROM THE CUSTOMER’S RIGHT TO RETURN WITHIN FOURTEEN (14) DAYS FOR A REFUND, IF THE CUSTOMER BREAKS THE SEALING ON THE PACKAGE. A CUSTOMER WILL BE HELD LIABLE FOR THE DECREASE IN VALUE OF THE PRODUCT(S), IF SUCH A PRODUCT(S) IS RETURNED WITH A BROKEN SEAL.
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. 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).
Vendor does not cover shipping expenses for returning an ordered Product(s), and such costs must therefore be taken care of and paid by the Customer. 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) 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.
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 (firstname.lastname@example.org) within fourteen (14) days of receiving the ordered Product(s).
- The Product(s) returned must be send to Vendor within fourteen (14) days from the Customer’s notification of return.
- The Customer will then receive a return label to attach to send along with the Product(s) returned.
- Shipping cost for the return must be paid by the Customer. Shipping cost are not covered by Vendor.
- 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) 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:
AquaTech Dive Service LLC
25350 Friendship Rd STE 1B
Att: James Scott
5.1 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. LIMITED WARRANTY
This warranty covers any defects in material or workmanship on a new Product(s) for a period of one (1) year from the date of purchase. Problems resulting from Customer modification or customization of the Product(s); accidents, abuse, or misuse; or from equipments or products sold, supplied, or manufactured by a third party; are not covered. Coverage terminates if the Customer sells or otherwise transfers the Product(s). To get service relating to a defect, the Customer must contact Vendor as soon as possible by e-mail at email@example.com with detailed information on the problem.
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). Any Vendor liability for compatibility issues will be explicitly stated by the Vendor or explicitly be indicated on the Product(s) information.
Except as explicitly stated herein or in documents or information accompanying the order or the Product(s), Vendor disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability or fitness for a particular purpose. The Vendor is not, under any circumstances, liable for any indirect damages or incidental, consequential, or punitive damages, including production or profit loss, claims by third parties and / or damage to data. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
7. 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.
Please note that Vendor accepts no responsibility for inaccuracies or typographical errors. The information provided on the Website is not guaranteed to be accurate or complete when the Customer places an order. Vendor is entitled to, at any time, change the content on the Website.
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.
9. 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.
10. COMPLAINTS AND GOVERNING LAW
This TCC-US entered into between Customer and Vendor shall be governed by and construed in accordance with the laws of Delaware, United States of America, without regard to conflict of law provisions. Any lawsuits, actions or proceedings that may be instituted by either party against the other, shall be instituted exclusively before the competent courts of Delaware, United States of America, and Customer agrees to exclusive personal jurisdiction and venue in such courts.
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 7070 7208.
11. 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.