GENERAL CONDITIONS FOR PRIVATE INDIVIDUALS
The following rules and conditions apply to online offers, sales and purchase of products and/or services on our site https://doro.com/en-gb
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 professional or occupational 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 reproduction of the information stored;
d. 'digital content’ means data which are produced and supplied in digital form;
e. ‘product(s)’ means the hardware and software product(s) listed and described on the Site which the 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.
2.1 Products and services sold through the Site are sold to you by ModusLink B.V. ("Trader" or "us").
Trader's contact information is as follows:
VAT number: SE502061708901
Chamber of Commerce: 08055138 in Apeldoorn, Netherlands.
To provide input, please contact:
Doro's Customer Service
9.00 am to 4.00 pm normal weekdays
0800 026 5479
3.1 These General Terms and Conditions apply to every offer of the Trader and every contract concluded between the Trader and the consumer.
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 in this manner. 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 and/or the third party service provider has started to provide service to you. Note that we will only deliver products or services to the address you specified. We will inform you by email if, due to 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.
4.4 All relevant sales information shall form an integral part of the contract and shall not be altered unless we have expressly agreed otherwise.
5.1 As a consumer, 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 service contracts, the day of the conclusion of the contract;
b. 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 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 In the case that conditions exist according to this contract that allow you to terminate the contract, we shall reimburse to you all payments received from you, including, if applicable, the costs of return (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). You shall receive reimbursement 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.
The Products being sent back must be in perfect condition, in their original packaging and contain all included accessories. You have the right to examine the product but not to use or handle it in any way that may damage or change its condition. It is incumbent upon the consumer to carefully package the Product so as to ensure that it is not damaged during shipping. Upon receipt of the returned goods, reimbursement will be made to the same account that was used when making the order.
5.4 You are only liable for any diminished value of the products if it can be assumed that the diminished value is a result of the handling other than what is necessary to establish the condition and functioning of the products.
5.5 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. By submitting an express request, 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 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 for the service. 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.
5.6 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 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 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.
5.7 The consumer is liable for proving that conditions exist for the right of withdrawal. 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.
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 conclusion of the contract.
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 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 the costs you have incurred 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 Czech Republic. 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 paragraph of clause 6, that other part shall prevail over clause 6.5.
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 possession of the products.
6.7 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.
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, we reserve the right to make additional charges for such costs.
7.2 In the event of a pricing error on an item and/or service 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 the Trader and the charge may appear on your statement as “ModusLink B.V. for Doro”. If you do not wish to proceed, we will promptly refund any amounts previously billed.
8.1 Our product warranty is detailed in the following link. This warranty does not cover damages caused by inappropriate use, repairs or seals, accidents, normal wear and tear or water damage. In addition to the warranty, the consumer may have rights in accordance with Swedish legislation. Such rights are not affected by the warranty. For warranty questions, contact Doro's customer service at email@example.com or 0800 026 5479.
9.1 We are only liable for losses that are a direct consequence of our breach of these General Terms and Conditions and in no event we are liable for any loss of data, or for any indirect damages. 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.
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 some of these laws, product(s) may not be sold, leased, or transferred to restricted countries, restricted end-users, or for restricted end-uses.
11.1 The agreement reached under these General Terms and Conditions is a personal agreement between the Trader and Consumer. The consumer is 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 guarantees for the consumer.
12 GOVERNING LAW, MEDIATION AND EXCLUSIVE JURISDICTION
12.1 If you are a consumer: these General Terms and Conditions and your purchases are governed by the laws of Sweden without regard to conflict of laws principles. Swedish courts shall have exclusive authorisation to resolve any dispute or claim arising from this agreement.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
The European Commission has a process for online dispute settlement. This process provides you with the opportunity to resolve disputes in connection with your online order without first engaging a court. The process can be found at https://ec.europa.eu/consumers/odr/.
12.2 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 statutory law. In the event of conflict between these General Terms and Conditions and applicable statutory law, your statutory rights under these laws shall prevail.
13.1 We comply with all environment and waste management laws and regulations. Read more about WEEE.
To provide input, contact Doro's customer service at firstname.lastname@example.org or 0800 026 5479.
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