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Terms & Conditions 1. Introduction
1.1 This Web Store is hosted, operated and fulfilled by Luzern
Technology Solutions Limited, Business & Technology Park, Snugborough Road,
Blanchardstown, Dublin 15. Registered in Ireland: No. 361832 (“Luzern”)
an authorized reseller of Aliph Inc.
ALIPH Headquarters
*Important Note: Product returns without an RMA number are not accepted at
this location. Packages will be returned to sender. Please contact us via email for an authorization to return product. 2. Scope 2.1 These terms and conditions, together with any other policies or documents referred to in these terms and conditions (including any policies or documents to which a link is provided from these terms and conditions) (together “Terms”) apply to all orders for products and services submitted by you for products and services made available by Luzern for purchase over the Web Store. Please read these Terms carefully. 2.2 Please note that when you purchase any products or services through this Web Store, you are purchasing those products and services from Luzern, and not from Aliph Inc (or any other Aliph group company). These Terms form a contract between you and Luzern. Neither Aliph nor any other Aliph group company (“Aliph”) is a party to these Terms. 2.3 Please note that these Terms do not affect your statutory rights as a consumer. 2.4 Please note that any personal data submitted by you will be subject to, and treated in accordance with, Luzern’s privacy policy. 3. Acceptance of Orders 3.1 You agree that your order is an offer to purchase the products (“Products”) and services (“Services”) listed in your order on these Terms. All orders submitted by you are subject to acceptance by Luzern. Luzern may choose not to accept your order for any reason without liability to you. 3.2 After you submit an order to Luzern, Luzern will send you an order acknowledgement email with your order number and details of the Products and Services you have ordered. Please note that this email is an acknowledgement that Luzern has received your order and is not an acceptance of your order. A confirmation email will then be sent to you when your accepted order has been dispatched. Acceptance of your order and the formation of a contract of sale between you and Luzern will not take place unless and until the Products have been dispatched to you or, in the case of Services, when Luzern first start to provide the Services to you. 4. Prices 4.1 All prices on this Site are stated in the respective countries currency unless otherwise stated. They include any VAT payable but exclude delivery charges and any customs clearance charges. 4.2 Luzern endeavours to ensure that all pricing information on the Web Store is correct. Occasionally, however, an error may occur and Products and Services may be mispriced. If a Product’s or Service’s correct price is lower than the price stated on the Web Store, Luzern will charge the lower amount and send you the Product or provide you with the Service. If a Product’s or Service’s correct price is higher than the price stated on the Web Store, Luzern will contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order. Luzern will not be obliged to supply Products or Services at an incorrect price. 5. Payment Terms 5.1 The total cost of your order will be the purchase price for the Products and/or Services, any delivery charges and any card processing charges. Unless otherwise agreed in writing prior to Luzern’s acceptance of your order. Details of Luzern’s delivery charges are outlined below:
Note: For Jawbone product purchases, the default delivery service is courier only. For purchases of Jawbone products and accessories the default delivery service is via courier. For Jawbone accessory purchases only, postal service will be used. 5.2 Details of the payment methods that Luzern accepts, and or if applicable, card processing charges are outlined below:
Realex 5.3 Please note that, unless Luzern notifies you otherwise prior to Luzern’s acceptance of your order, Luzern will only accept payment in the currency of the territory in which your delivery address is located. 5.4 You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment Luzern will not accept your order and Luzern will not be liable for any delay or non-delivery and Luzern is not obliged to inform you of the reason for the refusal. Luzern is not responsible for your card issuer or bank charging you as a result of Luzern’s processing of your credit/debit card payment in accordance with your order. 6. Invoicing 6.1 Where Luzern elects, or is required by applicable law, to issue or make available an invoice, Luzern reserves the right to issue or make available electronic invoices and you agree to such form of invoicing. If electronic invoicing is used, Luzern will give you the option to print off a copy of your invoice in HTML format with a “print friendly” facility on the page. 7. Services 7.1 Any Services Luzern provides or makes available to you or which are purchased by you may be subject to additional terms. Any such terms will be brought to your attention before you purchase those Services. Please note that those terms shall apply to the relevant Services in addition to these Terms. 8. Substitute Products/Services 8.1 Luzern’s policy is one of ongoing product and service update and revision and Luzern may therefore revise or discontinue Products and Services from time to time. If, for any reason, Luzern is unable to provide you with the Product or Services you have ordered, Luzern will do its best to offer you a substitute of the same or better quality at the same price. If you are not happy with a replacement product, you can return it in accordance with Luzern’s 14 day returns guarantee. This can be found by clicking HERE. In addition, and where applicable, you may cancel your order in accordance with your rights under the [Consumer Protection (Distance Selling) Regulations 2000] (see Luzern’s Returns & Cancellations Policy for further details). 8.2 Please note that if you elect to return substitute goods in accordance with Luzern’s 14 day returns guarantee or your right to return substitute goods under the [Consumer Protection (Distance Selling) Regulations 2000], Luzern will meet the reasonable costs of returning the substitute goods. 9. Customs 9.1 Please also note that, when ordering from Luzern, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the Products or Services. 10. Delivery and risk 10.1 Subject to Clause 10.3 below, orders will be sent to the delivery address that you have given on your order form. Luzern cannot be held responsible if that delivery address is incorrect. Please note that, unfortunately, Luzern cannot deliver to PO boxes. 10.2 Please also note that while a postal and door to door delivery option are available for most Products, only door to door delivery is available for certain types of products. Further details of Luzern’s delivery options are outlined below: 10.3 Luzern currently only delivers Products and Services to the countries listed below.
Mainland UK Please also note that Luzern is unable to deliver Products or Services to any country other than that listed unless otherwise stated therefore your delivery address and billing address must be among this list. 10.4 While Luzern will try to meet any dispatch estimates that it gives you, please note that they are just that: they are not guarantees and should not be treated as such. Accordingly, you agree that Products may not necessarily reach you within 14 days of the date of your order 10.5 In the case of Services, you agree that Luzern may commence the provision of the Services before expiry of the cancellation period under the [Consumer Protection (Distance Selling) Regulations 2000] (see Luzern’s Returns & Cancellations Policy for further details on this cancellation period). Please note that by agreeing to allow Luzern to do so, you will lose your right of cancellation under the [Distance Selling Regulations]. 10.6 Once a Product has been received by you, all risk of damage to, or loss of, the Product shall pass to you. 10.7 Where a Product consists of or includes software, that software is licensed, not sold, by the relevant licensor, and it is subject to the relevant end-user license agreement or other licence terms included with the Product. 11. Cancellation and returns 11.1 Should you wish to cancel or return any Products or cancel any Services, you may do so in accordance with Luzern’s Cancellation & Returns Policy. This Cancellation & Returns Policy does not affect your statutory rights as a consumer. 12. Age Requirements 12.1 If you order a Product or Services to which a minimum age requirement applies, by ordering that Product or Service you confirm that you are of the required age. If Luzern reasonably believe that you are not legally entitled to order a Product, Luzern reserve the right to cancel your order.
13. Warrantys 13.1 Certain Products purchased by you from this Web Store may come with an express warranty from the manufacturer or another third party. If your Product is covered by such an express warranty, the terms of the express warranty will be included in the documentation which accompanies the relevant Product and/or will otherwise be made available or notified to you. 13.2 To the maximum extent permitted by applicable law, any express warranty Aliph Inc offers you in respect of a Product are instead of all other terms, conditions and warranties, whether express or implied. Please note, however, that this exclusion (and any express warranty that accompanies your Products) does not affect your statutory rights as a consumer. Klicken Sie "HIER" für nähere Angaben zur Herstellergarantie. 14. Limitations of liability 14.1 Nothing in these Terms limits or excludes Luzern’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation, or (iii) any other liability which cannot be limited or excluded by applicable law. 14.2 Subject to Section 14.1 above, Luzern will not be liable, whether in contract, in tort (including, without limitation, negligence), or otherwise arising out of or in connection with these Terms for any: economic losses (including, without limitation, loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special or indirect losses suffered or incurred by you arising out of or in connection with these Terms. 14.3 You acknowledge that neither Aliph Inc nor any other Aliph group company shall be liable to you for any misrepresentation, misstatement or breach of any term, condition or warranty given by Luzern in connection with any Products or Services. 14.4 This Section 14 does not affect your statutory rights as a consumer, nor does it affect your cancellation rights under the [Consumer Protection (Distance Selling) Regulations 2000]. 15. Electronic Communications 15.1 When you visit this Web Store or send e-mails to Luzern, you are communicating with Luzern electronically. Luzern may communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from Luzern electronically and you agree that all agreements, notices, disclosures and other communications that Luzern provides to you electronically satisfy any legal requirement that such communications be in writing. This term does not affect your statutory rights as a consumer. 16. Assignment, subcontracting etc 16.1 Luzern reserves the right to transfer, assign, novate or sub-contract all or any of Luzern’s rights and obligations under these Terms. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without Luzern’s consent in writing. 17. Amendments to these Terms 17.1 Luzern reserves the right to make changes to these Terms at any time. You, and any contract of sale between you and Luzern, will be subject to the version of these Terms in force at the time you order the Products or Services in question from Luzern. 18. Events beyond Luzern Technology Solutions Limited reasonable control 18.1 Luzern will not be held responsible for any delay or failure to perform or comply with Luzern’s obligations under these Terms if the delay or failure arises from any cause which is beyond Luzern’s reasonable control. 19. Severances 19.1 Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable form and not affect the enforceability of any of the other provisions of these Terms. 20. Governing law and jurisdiction 20.1 These Terms and all transactions relating to this Web Store are governed by Irish law and you, and Luzern, hereby submit to the non-exclusive jurisdiction of the Irish courts. However, this will not affect your statutory rights if you are a consumer and applicable consumer law requires application of another law (such as the law of your country of residence). Please note that the following Cancellation & Returns Policy does not affect your statutory rights as a consumer.
14 Day Returns Guarantee: Luzern wants you to be totally satisfied with all
Products that you purchase from this Web Store. Therefore, if for any reason
you are unhappy with a Product, you can return it to Luzern in its original
condition within 14 days of the date the Product is dispatched to you provided
that the Product is returned to Luzern at the address below in its original
packaging and unopened (with any seals and shrink-wraps intact), together with
the receipt and Luzern will issue a full refund of the price paid for the Product
in question less any costs Luzern has incurred in delivering the Products to
you. Please note, however, that you will be responsible for meeting the costs of returning Products under this 14 Day Returns Guarantee and that Luzern will not reimburse the costs Luzern incurred in delivering the Products to you. Note also that returned Products will be inspected upon receipt and any Products damaged after receipt by you will not be refunded. Please note that, where a Product has been supplied to you as part of a bundle of products, in order to exercise this 14 Day Returns Guarantee, all Products within that bundle must be returned to Luzern in their original packaging and unopened (with any seals and shrink-wraps intact). Address for returns:
Jawbone Store
Distance Selling Regulations Please note that this cancellation right does not apply to: Goods made to your specification or which have been clearly personalized. Services if Luzern have started to provide the services before the end of the 7 working day cancellation period audio recordings, video recordings, and software products, where the item has been unsealed. To exercise your right of cancellation, please contact us at:
ALIPH UK Headquarters* (mailing address only - no product returns accepted)
Phone: +44 (0) 203 027 2094
NB: In each case you must quote your order number and instruct us that you wish
to cancel that order.
Jawbone Store
*Important Note: Product returns without an RMA number are not accepted at this
location. Packages will be returned to sender. Contact the appropriate support
number above or email us for an authorization to return product. |
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