These Terms and Conditions of Sale apply to your purchase and the contract you enter into with the Seller. Please read the terms and conditions carefully so that you know your rights and obligations. You can save or print these Terms and Conditions so they can be consulted and read at a later time. The Seller shall also save the text of the entire Contract and make it available to Customer upon Customer’s request.
NOTE: Products offered on the PEARL iZUMi webshop are sold by Commerce EMEA B.V., having its registered office in Energieweg 2, 5145 NW Waalwijk, the Netherlands and registered with the Chamber of Commerce under file number 17230750 as the merchant of record and for the purpose of these Terms and Conditions of Sale is the “Seller”.
These Terms and Conditions apply from 1 September 2017.
1.1. Contract: the contract governed by these Terms resulting from an offer by the Customer to purchase Products from Seller and the Seller’s acceptance of the Customer’s offer. The Contract will be concluded in English.
1.2. Customer: you, the natural person who has placed an order with Seller.
1.3. Products(s): the hardware products offered for sale on the Website requiring transport and physical delivery to the Customer.
1.4. Seller: Commerce EMEA B.V., having its registered office in Energieweg 2, 5145 NW Waalwijk, the Netherlands and registered with the Chamber of Commerce under file number 17230750.
1.5. Terms: the Seller’s present Terms and Conditions of Sale.
1.6. Website: http://shop.pearlizumi-eu.com and all relevant subdomains.
2.1. These Terms apply to all offers, contracts and deliveries by Seller on the Website unless otherwise agreed.
3.1. Seller’s sales price are listed on the Website and include all duties, fees and other charges applied upon sales by the Seller, including VAT (if applicable).
3.2. All prices and information on the Website are intended to be accurate and complete; however, in certain situations pricing and other errors may occur. The Customer shall have no right to rely upon a price that is obviously or materially lower than the prevailing retail price for that Product or Service. In the event the Seller’s published price for a Product or Service is obviously or materially lower than the prevailing retail price due to Seller’s pricing error, the Seller has no obligation to sell at that price and shall be entitled to cancel the Contract with the Customer before shipment and delivery. Correspondingly, if Seller has offered a Product or Service at a price that is materially or obviously higher than the prevailing retail price for that Product due to a pricing error and accepted the Customer’s order at that price, the Seller will allow Customer to cancel the Contract and or reimburse the Customer for the difference between the higher price and the true price.
3.3. Unless otherwise stipulated on the Website and in the order process, the Seller’s delivery and administration charges are included in the final price payable for the Products. Any charges or fees that will be added to the Product price will be visible to the Customer during the order process and before the Customer is placing the order.
3.4. The shipping costs for Products are specified on the Website’s shipping cost page and specified in the order process.
3.5. Payment shall be made by debit or credit card or through use of any other payment method offered on the Website. Any refunds to Customer will be made to the same card or other payment method.
4. The Contract
4.1. Contracts will only be entered into through the Website and upon Customer’s acceptance of these Terms.
4.2. When the Customer has placed an order on the Website, the Seller will confirm the receipt and subsequent acceptance on the Website, by text message or by email. Until the Seller’s acceptance has not been confirmed to Customer, the Customer has the right to cancel the order and terminate the Contract.
4.3 Each Contract must be paid for in advance of delivery by credit or debit card or by any other means offered on the Website. Products will only be shipped after Seller’s verification of the payment made by the Customer.
4.4 The Customer is solely liable for payment of any fees charged by its bank, card company or other provider of the Customer’s selected payment option.
5. Performance of the Contract
5.1. The Customer’s order and Contract will be processed and performed when Seller has received the Customer’s payment. The Seller is not obliged to ship any Products before it has received payment in full of the price for the relevant Product.
5.2. The Seller may refuse single orders for multiple Products with different delivery periods or different delivery addresses.
5.3. If it is not possible for Seller to ship the Products available within the delivery period mentioned on the Website or order confirmation, the Seller will inform the Customer hereof and allow the Customer to terminate the Contract, in which case any payment made to the Seller will be reimbursed.
5.4. The risk of loss and damage to the Products will remain with the Seller until delivery at the Customer’s nominated delivery address, at which time the risk will pass to the Customer.
6. Right of withdrawal
6.1. Customer (being a consumer) has the right to withdraw from the Contract within 30 days without giving any reason.
6.2. The withdrawal period will expire after 30 days from the day Customer acquires physical possession of the Product. In the event of services and digital content not supplied on a material carrier the withdrawal period will expire after 30 days from the day following the conclusion of the contract.
6.3. Customer may also use the model withdrawal form on the Seller’s Website, but this is not obligatory. If Customer elects to use such form, the Customer can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on the Website. If Customer uses this option, the Seller will communicate to Customer an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.
6.4. To meet the withdrawal deadline, it is sufficient for Customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
7. Obligations of the Customer during the withdrawal period
7.1. During the withdrawal period, the Customer shall handle received Products and packaging with due care. The Customer must only unpack or use the Product to the extent necessary to determine the nature, properties and functioning of the Product. As guidance, the Customer may only unpack, use and inspect the Product to the extent this would be allowed if Customer had purchased the Product from physical premises like a shop or outlet.
7.2. The Customer will be liable for a decrease in value of the Product if the Customer has used, damaged or otherwise disposed of the Product in a manner that is not consistent with what is allowed under clause 7.1.
7.3. The Customer will not be liable for any decrease in value of the Product if Seller has not provided Customer with all the information on the right of withdrawal that the Seller is required to provide by law before entering into the Contract.
8. Exercise and costs of withdrawal
8.1. If Customer withdraws from the Contract, Seller shall reimburse to Customer all payments received from Customer, including the costs of delivery (with the exception of the supplementary costs resulting from Customer’s choice of a type of delivery other than the least expensive type of standard delivery offered by Seller), without undue delay and in any event not later than 30 days from the day on which Seller was informed about the decision to withdraw from the Contract.
8.2. Seller will carry out such reimbursement using the same means of payment as Customer used for the initial transaction, unless Customer has expressly agreed otherwise; in any event, Customer will not incur any fees as a result of such reimbursement.
8.3. Seller may withhold reimbursement until Seller has received the Products back or Customer has supplied evidence of having sent back the Products, whichever is the earliest.
8.4. Customer shall send back the Products without undue delay and in any event not later than 30 days after receipt of the Products.
Unless explicitly mentioned differently in the webshop Customer will have to bear the direct cost of returning the Products by post. If the Product by its nature cannot normally be returned by post, Customer will have to bear the direct cost of returning the Products. Customer is 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
9. Exclusions to the right of withdrawal
9.1. Seller is not obliged to accept withdrawal and refund the purchase price in case of:
9.1.1. quickly perishable Products or any Products having a limited shelf-life;
9.1.2. sealed software, memory (e.g. SD or USB memory), audio or video recordings if such products were unsealed after delivery to Customer;
9.1.3. the Product has been personalised or made to Customer’s specifications; to the extent the Seller has made it clear on the Website or confirmed in the order confirmation that such Products are excluded from the withdrawal and return rights.
10. Force majeure
10.1. In the event of a force majeure situation (e.g. strikes, extreme weather conditions), the Seller’s obligations under the Contract are suspended during the period of the force majeure situation.
11. Product Warranties
11.1. The guarantee that Seller gives, is limited to the guarantee issued by the manufacturer of the products. Manufacturer warranties offered to Customer will not limit or negatively impact the Customer’s rights and remedies under consumer protections laws.
11.2. Manufacturer warranties are available on the Website.
12. Defects and Remedies
12.1. A Product is defective or non-conform if it does not comply with the manufacturer or Seller description or if it cannot be used for normal purposes. The Product is also defective if it is not of normal quality and does not perform as can be reasonably expected.
12.2. If a Product is found to be defective upon installation or use or if the Product does not conform to the Contract, the Customer must inform the Seller within 2 months after the Customer detected or identified the defect or non-conformity but no later than 1 year from the date of delivery.
12.3. If the Product is defective or non-conform, the Customer may require the Seller to remedy the defect. Seller shall be entitled to determine whether the Product will be repaired or replaced. Should Seller refuse to remedy the defect or should, within reasonable time, such remediation fail, Customer shall be entitled, at Customer’s discretion, to return the Product and demand a refund, or demand an appropriate price reduction if the Customer decides to keep the defective Product. Customer’s entitlement to claim damages under law remains unaffected.
12.4. Claims for defects or non-conformity cannot be raised against Seller and Seller shall have no liability to Customer if and to the extent:
12.4.1. The defect arises or is due to the Customer’s abuse or misuse of the Product, fire, liquid contact and similar causes external to the Product;
12.4.2. The defect is caused by the Customer’s use of the Product for non-intended purposes or contrary to the manufacturer’s or the Seller’s instructions, manuals or guidelines;
12.4.3. The defect arises from the Customer’s own or unauthorised repair, or the use of non-original spare parts or components.
13. Complaints and Dispute Resolutions
13.1. If the Customer has a complaint about the handling of the Contract or the provision of Seller’s services in relation to Customer’s purchase of the Products, the Customer may contact the Seller through the phone numbers, email address, web links or postal addresses indicated on the Website. In order for the Seller to handle a complaint by phone or email, please provide:
13.1.1. order number,
13.1.2. Customer name and address,
13.1.3. email address,
13.1.4. a description of the basis for the complaint, and
13.1.5. what remedies or actions are required from the Seller
13.2. The Seller will not deal with or respond to any complaints raised through the use of social media (e.g. Facebook, Twitter) unless this option is offered on the Website.
13.3. The Customer will receive a response to the complaint within 30 days.
13.4. The Customer (being a consumer) may also report and submit a complaint to the local country Online Dispute Resolution bodies identified on the ODR platform of the European Commission at http://ec.europa.eu/odr
14.1 The Products are manufactured according to specifications and intended for use in the countries of the European Economic Area or Switzerland (EEA). Warranties and remedies granted to customers located in this region may not apply to any Customer buying Products from outside this region.
14.2 The Contract and all Products are subject to applicable export control laws, including the export control laws of the USA. The Customer may not export any Product purchased from the Seller to any country outside the EEA if prohibited by export control laws. If the Customer plans to export any Product purchased from the Seller to another country, the Customer must obtain the required export licences (or other government approvals) prior to doing so.
15.1. These Terms and any Contract and dispute between the Seller and the Customer shall be subject to the laws of the Netherlands, and the parties submit any dispute to the exclusive jurisdiction of the competent courts in Breda, the Netherlands.
15.2. If the Customer is a consumer, section 15.1 shall not operate as a restriction with respect to the Customer’s rights under consumer protection laws to apply the laws and submit any claim, dispute or conflict to the competent courts of the EEA country where Customer is located or from which the purchase is made. Nothing herein shall restrict the Customer’s use of ODR under clause 13.
15.3. If a provision of these Terms are found invalid or non-enforceable, this will not affect the validity of the other provisions of these Terms.
If you have any questions, complaints or comments about our Terms and Conditions, feel free to contact us at any time by emailing us at firstname.lastname@example.org.
Questions, complaints or comments by mail:
Commerce EMEA B.V.
Energy way 2
Return Address Orders:
PEARL iZUMi Online Factory Store Return Goods