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.'General Terms and Conditions' mean this document; f. ‘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;
g. ‘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 +39 0282953652 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 - Before to place an order you will find on the Site the mandatory information provided for by art. 49 of the Legislative Decree no 206/2005 (the "Consumer Code").
4.4 - After receipt of your order confirmation we will send to you, without undue delay, an acknowledgement of receipt by email together with the confirmation to you that we have shipped the product and/or the third party service provider has started to provide service to you. Note that we only deliver products to your Italian address and we do not deliver products to other countries. We will inform you by email if, to due circumstances not within the Trader’s reasonable control, a product and/or a service you ordered is unavailable or if we will be unable to ship a product and/or provide the service within the estimated delivery dates.
4.5 - 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 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 http://www.t3micro.it/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 +39 0282953652 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, 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 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 - 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 on paper or on a durable medium. 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 performed, you shall be liable to pay us reasonable 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 coverage of the contract. 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 withdrawal: 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 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; 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; and g. the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
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 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 - STATUTORY SELLER WARRANTY FOR CONSUMERS
If you act as a consumer, as defined in Article 3 of the Consumer Code, you are entitled to obtain the statutory seller warranty ("Statutory Warranty") provided under the Consumer Code in case of any non-conformity defect in your product purchased on the Site. Under the Statutory Warranty you are entitled to obtain from the seller free of charge repair or replacement of the products presenting a defect of conformity, without prejudice to any other remedies provided by law.
The Legal Warranty shall be effective for a maximum period of 24 (twenty-four) months after product delivery and in order to request the remedies provided by the Statutory Warranty, you shall notify the Trader of any conformity defects found in the product, within 2 (two) months after discovery. After this period, Traders shall not be liable for any conformity defects identified by you. In order to obtain warranty coverage, please be sure to show your proof of purchase. For more details as to your rights under Statutory Warranty click here
In the event of a defect, please contact us via our Contact Us page or by calling our technical call centre +39 0282953652.
8.2 - COMMERCIAL WARRANTY FOR NON CONSUMER
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.
If you are non consumer, our sole obligation under the warranty at this clause 8.2 will be at our option to repair or replace the product if you notify any conformity defects found in the Product, within 8 (eight) days after discovery and in any case no later than 12 (twelve) months after product delivery .
TO THE EXTENT PERMITTED BY LAW ALL IMPLIED WARRANTIES OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THE WARRANTY AT CLAUSE [8.1]. TRADER DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL TRADER BE LIABLE FOR ANY LOSS OF DATA, REVENUE OR PROFIT, OR FOR ANY 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 TRADER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TRADER’S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT.
IN NO EVENT WILL TRADER BE LIABLE FOR ANY LOSSES OR DAMAGE INCURRED BY ANY BUSINESS, TRADE, CRAFT OR PROFESSION CARRIED ON BY YOU OR ANY OTHER PERSON USING PRODUCTS PURCHASED UNDER THESE TERMS.
Warranty returns are limited to each product's and/ or service's individual warranty as defined in this clause. If you experience a problem with your product or service, we suggest you first contact our support team for assistance.
SECTION 9 - LIABILITY
9.1 - If you are not 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, services or purchases except (a) to the extent damages 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 and/or services, (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.
9.2 - If you are a consumer: subject to [clause 9.1], we are only liable for losses, including any loss of data, that are a direct consequence of our breach or defective performance of these General Terms and Conditions. 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.
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 - If you are not a consumer, 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 statutory guarantee rights and others rights provided by applicable law and thereof in favour of the consumers.
SECTION 12 - APPLICABLE LAW AND EXCLUSIVE JURISDICTION
12.1 - If you are a consumer: 12.1 These General Terms and Conditions and your purchases are governed by the laws of Italy without regard to conflict of laws principles. You submit to the exclusive jurisdiction of the courts of the place of your residence or domicile, if these are within the territory of Italy. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
You have also the right to activate a procedure of online alternative dispute resolution at:
12.2 - In Any case 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
13.1 - We comply with all laws related to environment and waste treatment. Please refer to WEEE Annex for more info.
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 https://t3micro.it (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", as implemented under Italian law in Article 4, paragraph 1, lett. a) of Legislative Decree No. 49/2014;
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 Italian law in Article 4, paragraph 1, lett. l) of Legislative Decree No. 49/2014”
e. Producer: means any natural or legal person as defined in article 3 (1)(f) of the WEEE Directive as implemented under Italian law in Article 4, paragraph 1, lett. g) of Legislative Decree No. 49/2014: i.e. ModusLink Client;
f. Distributor: means any natural or legal person as defined in article 3 (1)(g) of the WEEE Directive as implemented under Italian law in Article 4, paragraph 1, lett. h) of Legislative Decree No. 49/2014, being: "any natural or legal person in the supply chain, who makes an EEE available on the market."
g. Italian WEEE regulations means national regulations provided for by Legislative Decree No. 49/2014 implementing WEEE Directive in Italian legal framework;
2 - SCOPE OF INFORMATION REQUIREMENTS
2.1 - 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 (with the exception of implanted or infected products).
b. from 15 August 2018 to all EEE, unless excluded in article 2 (3) of the WEEE Directive as implemented under Italian law in Article 2, paragraph 1, lett. b) of Legislative Decree No. 49/2014.
3 - INFORMATION FOR USER OF THE EEE
3.1 - Pursuant to Art. 26 of Legislative Decree No. 49/2014 the producer and the distributor are required to take all the appropriate measures to inform the household EEE users about:
a. the requirement not to dispose of WEEE as unsorted municipal waste and to collect such WEEE separately; b. the return and collection systems available to users, as well as the possibility and the modality to deliver the WEEE during the purchase of the new EEE according to Art. 11, paragraph 1 of Legislative Decree No. 49/2014; c. the potential effects on the environment and human health as a result of the presence of hazardous substances in EEE d. the role of the user in contributing to re-use, recycling and other forms of recovery of WEEE; e. the crossed-out wheeled bin symbol and it's meaning:
3.2 - Conformément à l’article L. 541-10-2 du Code de l'environnement français, le producteur et les distributeurs d'EEE ménagers sont tenus de fournir des informations sur le coût correspondant à la reprise et au recyclage des EEE ménagers qu'ils ont mis sur le marché. Les informations sur les frais visibles correspondant au coût de la gestion des DEEE doivent être mises à disposition « en cas de vente à distance, par tout moyen approprié ». De plus, les frais visibles doivent être clairement écrits sur la facture de vente de l’utilisateur final.
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.
3.3 - Under Art. 22, paragraph 2, of Legislative Decree no. 49/14, distributors are required to clearly indicate (i) the take-back points where end-users can return their EEE free-of-charge; and (ii) the available options to return the EEE free-of-charge as if they were marketed in store shops. NOTE: Failing to provide this information shall cause the nullity of the sale agreement, and the end-user should be fully reimbursed. In our experience, regulators use to consider that all dis-tance selling operators (and not only distributors) are required to provide this information and to ensure the relative implementation so to have an effective take-back on a one-for-one basis.