GENELEC WEBSHOP - TERMS AND CONDITIONS
Version 1/2010, effective 1.8.2010
These Sales Terms are applicable to the Genelec Webshop at the URL www.Genelec.com/webshop ("Webshop") and to orders and sale transactions for Genelec Promotional items, Accessories and other related products ("Product(s)") available at the Webshop.
The Webshop is owned by and operated by Genelec Oy, Olvitie 5, FI-74100 Iisalmi, Finland business identity code 0201193-4, ("Genelec", "we" or "us" as the context may require), who is the seller of the Products.
For any sales in the Webshop the parties to the sales contract are communicating electronically when visiting the Webshop, sending email or posting electronically and you agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing.
Please note that these Sales Terms do not affect (and should not be read to affect) your STATUTORY RIGHTS, which cannot be waived or limited by contract.
1. About these Sales Terms
These Sales Terms only apply to purchases made on this Webshop. Other Genelec web sites on the internet may have different terms and conditions. Genelec may change or alter these Sales Terms from time to time. Genelec will state the effective date above. Any changes to the Sales Terms will apply to orders placed on or after the effective date. You should recheck the effective date before placing each order in order to be sure that you have reviewed the most recent version which applies to your purchase.
Information contained in Genelec's advertising, brochures, other written materials, on Genelec web sites or given to you, is an "invitation to treat" only and not an offer by Genelec to supply any Products.
BY PLACING AN ORDER FOR PRODUCTS YOU AGREE TO BE BOUND BY AND ACCEPT THESE SALES TERMS
2. Placing an order
To be able to buy Products and Service Vouchers you have to:
- provide your real name and correct address, phone number, email address, payment details and other required information;
- be at least 18 years of age;
- provide a delivery address within the European Union (Note that Genelec is unable to deliver to P.O. Box addresses, overseas army addresses, hotels, hostels or prisons.); and
- be the owner or authorised holder of a valid debit/credit card to buy the Products if paying with a debit/credit card.
You may place an order by clicking on the "Add to cart" button and proceeding to the checkout page. There you can either register by creating a Genelec account or proceed without registration. Note however that the Genelec Customer service may when contacted by phone ask for personal details provided in your order to verify your identity.
When you create a Genelec account in the Webshop you will also create a personal user identification (your username) and password. Keep your password protected at all times and do not disclose it to anyone else as you are personally responsible for each purchase made using your user identification and password.
3. Order processing
You agree that your order is an offer to buy the Products listed in your order under these Sales Terms. All orders must then be accepted by Genelec. We may choose not to accept abnormal orders and orders which are not placed in good faith.
After having received your order, we will send you an acknowledgement email ("Order confirmation") with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Genelec and you and will not take place unless and until you have received an email confirmation of this from us ("Order confirmation").
Please note that Genelec reserves the right to cancel your order at any time before you receive your ordered items. In case we would want to cancel your order after sending an Order confirmation email, Genelec will refund your payment.
4. Prices, shipping and handling charges and taxes
The price charged for a Product will be the price in effect at the time the order is placed and will be set out in the Order confirmation and Shipping confirmation emails. Genelec may change prices at any time without notice. Price increases will only apply to orders placed after such changes.
Prices for the Products include Finnish VAT or other applicable taxes but do not include charges for shipping and handling. VAT charged is non-refundable.
Separate charges for shipping, handling and their related VAT or other taxes will be shown when you place your order. The Order confirmation and Shipping confirmation emails provide proof of applicable shipping, handling and tax charges. Customers from non-EU countries are responsible for possible import customs and taxes.
Shipping costs will depend on the size of your order, we use standard UPS shipping for most orders. Estimated costs for a small delivery are:
- In Finland: 7,50-10 €
- In European Union: 20-35 €
- Other countries: 30-100 €
5. Product availability and delivery
As Genelec's policy is one of on-going product development, Genelec does not guarantee the availability of any advertised Product in the Webshop. Genelec reserves the right, without liability or earlier notice, to change, discontinue or to stop making available certain Products.
We aim to deliver the ordered items to you on time; however, there may be reasons why we cannot ship in time to meet target dates. Any delivery dates are therefore given as non-binding best estimates only and we do not promise that the items will be delivered on the target date. If you order any personalised items, the manufacturing time for such personalised items is added to the shipping time of the selected delivery option. There may also be reasons for us to re-schedule your order in case the items cannot be delivered on the target date. In that case we will contact you to discuss a new target delivery date.
We encourage you to examine the delivery package and received items within a reasonable period of time after they are delivered to you and check their condition and that the content of the delivery package is complete. It is your responsibility to notify Genelec as soon as possible that packaging is damaged in transportation or delivery is incomplete at the time they are delivered to you. For information on return policy and process, see Sections 9 to 11 below.
In case you unreasonably defer delivery or delay the receipt of delivery after we have notified you that we have tried to deliver the ordered items to you, or if you have provided us with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us. If the items remain undelivered after the first delivery attempt for a period of 7 working days and are returned to us undelivered, we consider that you have exercised your right to cancel the contract and when we receive the returned delivery package we will refund you in accordance with our return policy less the reasonable additional costs incurred by Genelec.
Please take care when placing your order to ensure that the Products you purchase are compatible for the intended use. Please use the Webshop as your final point of reference when checking compatibility. In the event of a difference between the Webshop content and any other Genelec (or non-Genelec) web site (or any other source of information) the compatibility of Products as shown on the Webshop at the time of purchase will be seen as taking precedence.
7. Methods of payment
Products and their postage are paid in conjunction with the order. The following methods of payment are available for the users of the Webshop: Nordea, Osuuspankki, Sampo, Tapiola, Aktia, Nooa, Paikallisosuuspankit, Säästöpankit, Handelsbanken, S-Pankki, Ålandsbanken and credit cards. Online payments are made by using the website of Suomen Verkkomaksut Oy.
7.1 Payments by Visa, Visa Electron or MasterCard
If you would like to pay by Visa, Visa Electron or MasterCard, Genelec will act solely as the marketer of the respective products and services and will provide the products to the buyer. All complaints and claims for compensation will be handled by Suomen Verkkomaksut Oy.
With regard to payments made by Visa, Visa Electron or MasterCard, Suomen Verkkomaksut Oy acts as the merchant of the product and the trade transaction takes place between the customer and Suomen Verkkomaksut Oy. The seller is liable to meet all the responsibilities related to the trade. Suomen Verkkomaksut Oy is also the recipient of the payment.
Suomen Verkkomaksut Oy
Business ID: 2122839-7
Phone: 0207 181830
7.2 Online banks
Suomen Verkkomaksut Oy (2122839-7) provides the financial and payment service for online payment in co-operation with Finnish banks and credit institutions. Suomen Verkkomaksut Oy buys the payment and disburses it to the seller. For the customer the service functions like a conventional online payment.
8. Title to Products and license to software
Genelec retains full legal title to Products until it has received all amounts due on the ordered Products in full. Genelec reserves the right (subject to the applicable law) to end your right to use, sell, or otherwise deal in the Products and to enter your premises and repossess the Products (or instruct a third party to do so), if payment is not made, or if the debit/credit card company declines payment or requires Genelec to return any payment made for the Products, for any reason.
Title to any software stays with Genelec whether or not you have paid for the software. If the product being ordered includes software, we grant you a license for that product on a non-transferable, non-exclusive basis to use the object code version of that software. Before installing or otherwise using the software you must agree to be bound by the terms of the applicable End User License Agreement ("EULA"), which you should read and accept before ordering and/or installing the software. If the product being ordered is a digital service product, we grant you a license or sublicense for that product on a non-transferable, non-exclusive basis to use the product on your product for which you are requesting the license. You agree to be bound by the terms and conditions of these Sale Terms and any other license terms that may accompany the product in connection with obtaining any such license rights from the Webshop. WITHOUT LIMITING THE ABOVE, COPYING OR REPRODUCING SOFTWARE OR DIGITAL SERVICE PRODUCTS, EXCEPT AS MAY BE EXPRESSLY ALLOWED IN THESE SALES TERMS AND/OR THE APPLICABLE EULA, IS EXPRESSLY PROHIBITED.
9. Return and refund in accordance with Distance Selling Regulations
If you have bought Products for your own private use as a consumer and want to exercise your right to cancel the contract and return the items you have purchased you must notify our Customer service either via email or by telephone within 14 calendar days after the date of receipt of the delivery and request a return authorisation.Our Customer service will authorise your return request, send you by email the necessary return instructions for a return with freepost return label. Once we have received and validated your returned items, we will confirm it to you by email. Refund will then be processed by us and confirmed by email. Note that original shipping costs will not be refunded.
However, you may NOT return and claim a refund for the following:
a. Software that you have successfully downloaded from the Webshop or any other Genelec site;
b. Products that have been made to your specification or that have been clearly personalised.
If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged in transportation, please contact without delay our Customer service either via email or by phone for assistance.
See also the terms of Section 10 below that will apply to such returns.
10. Return of defective Products
Genelec offers a manufacturer's limited warranty for Products bought from the Webshop, for more information please see Section 12 below. In addition, the Webshop provides you a limited return right for a period of 30 days from delivery for Products which are defective. To use this right you should contact our Customer service either via email or by telephone at the latest within this return period.
In these cases our Customer service will give you return instructions and arrange for the replacement or refund of your items, as applicable. In addition, the terms of Section 11 below will apply.
11. How to return items?
Please follow the return instructions provided along with your product. Our Customer service will give you further instructions for return if needed.
We recommend that you return the items in their original package. You must include all accessories, user manuals and any free gifts that came in the same package.
Where an item has been purchased as a part of a bundle of items, all items within that bundle must be returned. Please note that it is your responsibility to make sure that the items are kept safe and secure whilst they are in your possession. Please treat the items with reasonable care and return them in the condition that they were delivered to you. We encourage you to use, if possible, the original delivery package or pack the items securely and make sure your order number is clearly visible on the outside of the parcel.
To ensure fast and secure return we encourage you to follow the given return instructions and use the return label provided by Genelec. Replacement or refund can only be processed once we have received all the items to be returned.
In case of replacement the original items will be replaced by identical new items. Returned items cannot be replaced by Substitute Products.
An email will be sent to the address you provided when your return has been processed. If you return items
- that you are not entitled to return
- that are not in their original condition
- that are without proper or missing packaging
- with items missing from the return delivery
- without following our return instructions or
- have otherwise failed to exercise reasonable care when taking care of and returning items,
we reserve the right either to reject your return and decline to refund or to deduct from those payments to be refunded to you reasonable repair or other similar direct costs that we have incurred (subject to applicable law).
On acceptable return of items, we will refund you the price you have actually paid, for the items (as per the above), by crediting your payment card. Note that we will not refund the original delivery costs, except for returns under Section 10 and if otherwise required by applicable law.
Please note that Genelec will only process returns and refunds for items bought in this Webshop. If you bought Products or any other Genelec merchandise through some other distribution channel, such as from another website, a retail store or catalogue, please follow the applicable seller's product return policy.
12. Warranties and statutory rights
A Genelec limited manufacturer's warranty offered for Products will be included in the user guide or included in the Product's packaging or made available otherwise to you.
Services, applications, downloadable software and other than Genelec Products are sold with the warranty stated on the Webshop and if none are posted, they are sold on an "AS IS basis" without warranty.
There are no other warranties, conditions, or other terms that are binding on us. Any warranty, condition or other term concerning the transaction which might be implied by statute, common law or laws applicable in the country where you bought the ordered items (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby excluded to the maximum extent permitted by law. In particular, we will not be responsible for ensuring that the ordered items are suitable for your purposes.
For other than Genelec Products (even if they are contained in product bundles or promotions), all warranty claims are to be made in accordance with the warranty terms and conditions of the manufacturer.
If you believe that you are entitled to repair services under the Genelec limited manufacturer's warranty or based on your statutory rights, please contact one of Genelec authorised service points. You can find your nearest service point by contacting your local distributor. The same service points are at your service also when you otherwise need service for your Product.
13. Circumstances beyond reasonable control
We will use reasonable efforts to perform our obligations. However we cannot be held responsible for delay or failure to perform, if the delay or failure is caused by any circumstances beyond our reasonable control. In the event of delay, we will perform our obligations as soon as reasonably possible.
14. Personal data
15. Our liability
These Sales Terms set out the full extent of our obligations and liabilities in respect of the supply of the Products and Services Vouchers. To the extent permitted by applicable law, there are no other warranties, conditions or other terms that are binding on us than the ones mentioned in these Sales Terms. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
We shall not be liable whether in contract, tort or otherwise for any economic losses (including without limitation loss of income, loss of profits, loss of contracts, business or anticipated savings), loss of data, loss of goodwill or reputation or for any special, indirect, consequential or punitive loss or damage of any kind howsoever arising. However nothing in this Section 15 shall affect your statutory rights and nothing in these Sales Terms seeks to exclude or limit liability for any of the following:
a. intentional conduct;
b. willful misconduct or gross negligence; or
c. liability based on mandatory law.
16. Export controls
You agree to comply with all laws, regulations and orders of the European Union applicable to the export, re-export, transfer or resale of Products ("Export Laws"). You agree (i) not to export any Product to any country in contravention of any Export Law; and (ii) not to export any Product to any country for which an export license or other governmental approval is required, without first obtaining all necessary licenses and approvals. You warrant that you are not located in, under the control of, or a national or resident of any country to which export of the Products is prohibited by any Export Law.
If any provision or provisions of these Sales Terms shall be held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
18. Contact details
Genelec Customer service will assist you with any Webshop order related questions. You can contact us either via email or by phone from Monday to Friday between 9am and 4pm (GMT +2), except public holidays. Genelec Oy
FI-74100 Iisalmi, Finland
19. Governing law
These Sales Terms shall be governed and construed in accordance with Finnish law.