D2C - General Terms and Conditions and Client Information
Table of Contents
- Scope of Application
- Conclusion of the Contract
- Right to Cancel
- Price and Delivery Costs
- Shipment and Delivery Conditions
- Liability for Defects
- Manufacturers Guarantee
- Law and Jurisdiction
- Alternative dispute resolution
1) Scope of Application
1.1 These Terms and Conditions of the company Beurer UK Ltd. (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.
1.2 A consumer pursuant to these Terms and Conditions is any individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. A trader pursuant to these Terms and Conditions is any person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer by the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the virtual basket.
2.3 The Seller may accept the Client's offer within five days
- by transferring a written order confirmation or an order confirmation in written form (fax or e- mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
- by requesting the Client to pay after he/she placed his/her order.
The contract shall be concluded at the time when one of the aforementioned alternatives occurs. Should the seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.4 The period for acceptance of the offer shall start on the day after the Client has sent the offer and ends on the expiry of the fifth day following the sending of the offer.
2.5 The contract’s content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions and Client Information (for example via e-mail, fax or letter) after the Client has submitted his order. In addition, the contract’s content will be stored on the Seller’s website and can be found by the Client in the customer login via the password-protected customer account, provided the Client has created a customer account in the online shop prior to submitting his order.
2.6 The Client can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order. In addition, prior to submitting the order, all data entered will be displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.
2.7 The contractual language is English.
2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client`s responsibility to ensure that the e-mail address he/she provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3) Right to Cancel
Consumers are entitled to the right of cancellation. Detailed information about the right of cancellation is provided in the Seller’s instructions on cancellation.
4) Price and Delivery Costs
4.1 Unless otherwise stated in the product descriptions, prices indicated are end prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop .
4.3 If payment in advance has been agreed upon, payment shall be due immediately upon conclusion of the contract.
4.4 When payments are made using a payment method offered by PayPal, handling of payments takes place via the payment service provider PayPal ((Europe) S.a. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter called “PayPal”) subject to the PayPal terms of use which can be viewed at: https://www.paypal.com
4.5 When choosing a payment method offered via the payment service "Shopify Payments", payment will be processed via the payment service provider Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter referred to as "Shopify"). The individual payment methods offered via Shopify are communicated to the customer in the seller's online shop. Shopify may use other payment services to process payments, which may be subject to special payment terms, to which the customer may be separately referred. Further information on "Shopify Payments" can be found at https://www.shopify.com
5) Shipment and Delivery Conditions
5.1 Goods are generally delivered on dispatch route to the delivery address indicated by the Client, unless otherwise agreed. For the transaction procedure the delivery address specified by the Client in the ordering process shall be applicable. By way of derogation, when choosing the payment method PayPal, the delivery address provided by the Client to PayPal at the time of payment shall be applicable.
5.2 Should delivery to the Client not be possible, the assigned transport company returns the goods to the Seller and the Client bears the cost for the unsuccessful dispatch. This shall not apply if the Client is not responsible for the event that entails the impossibility of delivery, or if he/she has been temporarily impeded to receive the ordered goods, unless the Seller has given notice to the Client in an adequate period of time prior to the delivery.
5.3 The Seller reserves the right of partial delivery. In this case the Seller informs the Client at which point of time all installments will be delivered. Delivery should be completed within a reasonable period of time. Additional costs will not be claimed for such partial delivery. However, if the Client has asked for partial delivery, the Seller reserves the right to charge the Client the additional delivery costs. .
5.4 The risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Client when they come into the physical possession of the Client or a person identified by the Client to take possession of the goods. . Should the Client act as a trader, the risk of accidental destruction and accidental deterioration in the event of a sale by dispatch shall be transferred upon delivery of the goods to a qualified transport person at the Seller's place of business.
5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client without delay and payments made by the Client will be immediately refunded.
5.6 Collection by the Client is not possible for logistical reasons.
6) Liability for Defects
6.1 The statutory consumer rights will apply.
6.2 If the Client is a consumer and he uses his short-term right to reject the product, he has to return the product at his cost.
7) Manufacturers Guarantee
When you buy something, it can be protected by two types of promises if a fault or problem occurs; the retailer warranty and the manufacturer's guarantee. Here’s how they typically work in terms of timing:
First Year - Retailer Warranty:
Right after you buy your item, for the first year, it's covered by what's called a retailer warranty. This means if there’s a problem (it breaks or doesn't work as it should), you can go back to the store where you bought it. They're responsible for helping you out, which could mean repairing the item, replacing it, or giving you your money back depending on their policies.
Second and Third Year – Beurer Manufacturer's Guarantee:
After the first year is over, the protection from the retailer usually ends. At this point the manufacturer's guarantee kicks in for the second and third year. This is a promise from Beurer that if there are any manufacturing faults with the item, we will take care of it. We don’t offer a repairs service, so typically you would be offered a replacement. In simple terms, if your item has a problem in the first year, you go back to the retailer (this may be Beurer if you’ve purchased directly from our website). If it's in the second or third year, you'll need to contact us as the manufacturer. Each provides a layer of protection to ensure you're not stuck with a faulty product, but the entity responsible for making it right changes over time.
Registration Requirement
There is no need to register your Beurer device for the manufacturer's guarantee, but you must retain a copy of your original proof of purchase.
Duration of Guarantee
The manufacturer's guarantee is valid for 3 years from the date of purchase.
Proof of Purchase
To make a claim under the manufacturer's guarantee, a clear proof of purchase is required. Without proof of purchase, no claim under guarantee can be made.
Exclusions
Our guarantee does not cover purchases made via eBay or similar resale platforms. Product accessories are not covered under our product guarantee. This includes, but is not limited to: bulbs, cables, electrodes, gel pads, scale weighing bowls, controllers, batteries, controllers, and nebuliser year packs.
Warranty Procedure for Retail Purchases
If a Beurer device is purchased from a Beurer trusted retail partner, the first year of the warranty lies with the retailer. The remaining 2 years of the manufacturer's guarantee will then be with the manufacturer. If your device is within the first year after purchase, you will need to contact the retailer, not Beurer UK.
Coverage
Our guarantee covers manufacturing defects only. General wear and tear or issues arising from misuse of a Beurer device are not covered.
Product Inspection
A product inspection is required to determine whether the device has a manufacturing defect. On occasion, this will mean the device must be returned for this inspection. If a manufacturing defect is found, the device will be replaced free of charge under the manufacturers guarantee. If no manufacturing fault is found, a replacement will not be issued, and the device will be returned to you or disposed of in accordance with our regulations.
Cost of returns
The direct cost of returning the goods is your responsibility. Should a manufacturing fault be found, a credit for the cost of postage can be issued, upon receipt of a clear proof of posting.
Voiding of Guarantee
Our devices are guaranteed for personal at home usage as ountlined in the instructions for use. They are not intended for use within a commercial setting. Should the device be used in a commercial environment, this would invalidate the guarantee. Our Beurer UK guarantee covers products purchased and used within the UK & Ireland only. Any modifications or unauthorised repairs made to the device will invalidate the guarantee. Repairs
As part of our guarantee, please note that we do not offer repair services for our products. This decision has been made considering that typically, the cost of repair would exceed the value of the device, making it economically impractical for the user.
Cleaning and maintenance
It is the user's responsibility to maintain and clean the device regularly. If the device is found to be in a condition that the necessary aftercare has not been followed, this will invalidate the manufacturer's guarantee.
Procedure for Making a Claim
To report an issue with your Beurer device, please contact our customer service team. If applicable in the first instance, troubleshooting advice will be provided for incorrect usage of the device. If you identify a fault with your device, please log a claim by contacting customerservice@beureruk.com.
Modification of Terms
We reserve the right to modify the terms and conditions of the guarantee, with notice of any changes where applicable.
8) Law and Jurisdiction
8.1 If a Client acts as a consumer pursuant to Section 1.2, any contractual relationships between the parties are governed by the law of the country where the Client has his habitual residence. The UN-Convention on Contract for the International Sale of Goods is excluded. Moreover, the courts of the State where the Client is domiciled will have exclusive jurisdiction over any dispute relating to these relationships.
8.2 If a Client acts as a trader pursuant to Section 1.2, any contractual relationships between the parties is governed by the law of the country where the Seller has his place of business. The UN-Convention on Contract for the International Sale of Goods is excluded. Moreover, the courts of the State where the Seller has his place of business will have exclusive jurisdiction over any dispute relating to these relationships.
9) Alternative dispute resolution
The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.