Terms of Sale / PURCHASE AGREEMENT
1. Definitions
Deposit means a non-refundable amount paid by you to us to reserve a Product when it becomes available for delivery.
You mean the buyer of the Product(s).
Order means the order for specific Products you place with us, including any changes that are subsequently agreed by the parties. When purchasing Products through the Website, your Order will be displayed to you in the checkout of the Website. If any changes to your Order are agreed, you will be provided with an updated order confirmation reflecting those changes.
Parties means “we” or “us” or “our” as supplier on the one hand and you as buyer on the other hand.
Pre-order means a pre-order for specific Products you place with us that are not currently available for delivery, including any changes that are subsequently agreed by the Parties. When purchasing through the Website, your pre-order will be displayed to you in the checkout of the Website. If any changes to your pre-order or any subsequent Order are agreed, you will be provided with an updated order confirmation reflecting those changes.
Product or Products means any products available for Pre-order or sale by us, as displayed on our website from time to time.
Purchase Agreement means this agreement.
Purchase Price means the price payable for any Products under the Order.
Warranty means the warranty as described in the warranty policy and attached to this Purchase Agreement.
We or us or our means Foil Drive Europe B.V. KvK 91365937a, Haarlemmerstraat5, 2182HA, Hillegom, Netherlands.
Website means www.eu.foildrive.com
2. General
This Purchase Agreement, and the documents incorporated by reference in this Purchase Agreement, set out the entirety of the terms of your purchase of Products from us. By placing an Order with us and paying the Purchase Price, you are taken to have agreed to the terms of this Purchase Agreement.
We do our best to ensure that the information about Products is accurate and up to date. However we do not guarantee that there will be no errors in the description and/or pricing of the Products, or that Products will always be available if you wish to place an Order to purchase them.
Also, the colors you see on your screen may depend on your computer system and settings, so we cannot guarantee that your computer will accurately display such colors.
We reserve the right to modify the information about Products displayed on our Website, including as regards prices, description and availability. However, such changes will not affect Orders for which you have already received an Order receipt email.
3. Your Purchase
You agree to purchase, and we agree to sell to you, the Products detailed in the Pre-order or Order on the terms and conditions of this Purchase Agreement and the documents incorporated by reference in this Purchase Agreement.
4. Your (Pre)Order
The Products ordered by you will be prepared to any specifications detailed in the Pre-order or Order. However, from time to time, certain Products will not be available or may not be available for a certain period of time. If this is the case, we will contact you to confirm available alternatives. We reserve the right to cancel the Pre-order if the Product is permanently unavailable.
If you select any alternative Products because the original Products ordered by you are or become unavailable at or after the time of placing your Pre-order or Order with us, we will endeavour to provide these alternative Products without delays to your original shipping estimate.
You may also contact us to request a change to your Pre-order or Order prior to shipment. It is at our full discretion whether we allow changes once you have submitted the Pre-order or Order to us. If we accept any changes, this may result in delays in the shipping and handling of the relevant Products.
You will be required to pay any shortfall between the original Purchase Price and the Purchase Price of any alternative Products selected by you. You will be provided with a partial refund if the Purchase Price of the alternative Products is lower than the original Purchase Price.
If any alternative Products are selected by you, our supply to you of those Products will be governed by this Purchase Agreement.
5. Payment, Cancellation and Returns
The Purchase Price payable will be specified on your Pre-order or Order, including as updated. The Purchase Price will include shipping costs and any VAT or similar tax applicable.
We hope you are delighted with your purchase from Foil Drive however we understand if you wish to return any or all of the Products. You can return Products if you are not satisfied, or you just change your mind within 14 days of receipt (right of withdrawal) in the original package and without broken seal and in accordance with our Return and Refund Policy that can be found on our website. While we do our best to always accept Orders, we could however refuse an Order in certain cases, for example if:
you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information, shipping address;
we discover that there was an error on our Website relating to the Products you ordered, for example as regards the price or description displayed; the Products you ordered are unfortunately out of stock or no longer available; we have reasonable grounds to believe that you intend to resell the Products.
If we cannot accept your Order we will contact you by email as soon as practically possible but in any case, no later than 30 days from the date of your Order. If we cannot accept your Order because the Products are no longer available, or because of an error in the price and/or other information on our Website, we will refund you any money you may have already been charged for such Products.
6. Shipping, import duties and other costs
Products ordered by you will be delivered to the address contained in your Pre-order or Order.
Shipping costs are charged directly to you at the time of ordering and are included in your order confirmation, additional to the purchase price of Products. Return costs are your responsibility.
Please note that we may not be able to guarantee shipping to all locations and will contact you if necessary to discuss shipping options with you.
7. Shipping Date
Any shipment or delivery times given to or discussed with you are estimates only and are not binding on us. We work closely with our logistics partners to ensure clarity regarding shipping times but cannot give any guarantees as to any shipment or delivery times.
All shipment and delivery times are subject to change and the availability and service of our logistics partners. All shipment and delivery estimates may also be negatively impacted by unforeseen action or circumstance beyond our control (otherwise known as ‘Force Majeure’ events).
Further information can be found in our shipping policy.
9. Liability and Warranty
Your purchase with us will be governed by the terms of our Warranty, as annexed to this Purchase Agreement.
Our liability for damages caused by slight negligence shall, irrespective of its legal ground, be limited as follows: (i) we shall be liable up to the amount of the foreseeable damages typical for this type of contract due to a breach of material contractual obligations; (ii) we shall not be liable due to the slightly negligent breach of any other duty of care applicable. In any event, you shall take adequate measures to avert and reduce damage.
The above limitations of liability shall not apply to any mandatory statutory liability and liability for culpably caused personal injuries. In addition, such limitations of liability shall not apply if and to the extent Foil Drive has assumed a specific guarantee.
We cannot be held responsible for delays or failure to perform our obligations under this Purchase Agreement if such delay or failure is caused by any circumstances beyond our reasonable control, including, for example, natural disasters, war or civil disturbances, strikes, government intervention, failures of our supplier(s), failure by you to give us a correct information or to effect due payments. We will inform you of any such unforeseen events as soon as possible after they occur and we will do our best to reduce their impact on our performance as reasonably possible. Should this interruption continue beyond a period of 2 weeks, you will be entitled to cancel the Order and get a refund.
Nothing in this shall affect your statutory rights as a consumer, such as your right of withdrawal or your right to a free guarantee for faulty goods as mentioned in the Warranty Policy, and nothing in this Purchase Agreement shall exclude or limit any liability of Foil Drive that cannot be excluded or limited pursuant to the applicable law.
10. Title and risk
Risk and title in the Products purchased by you will pass to you once the Products have been delivered to you.
11. User guide and representations
You will be provided with a user guide and other instruction material, including (where relevant) links to online materials, when you receive your Products, and from time to time as provided to you as we update or refine our materials. These materials contain instructions for safety, operation and maintenance of the Products according to product safety law regulations. You acknowledge that it is essential to read and follow all of the instructions and warnings in these materials prior to assembly, setup or use, in order to operate the Products correctly and avoid damage, serious injury or death. If you cannot read these materials, or do not understand them, you must contact us for additional information or assistance, before assembling, setting up or using the Products. We cannot be held liable for incorrect or unauthorized use of the Products.
You agree that other than what we have told you in writing about the Products, or what is contained in any other agreement between you and us or otherwise contained on the Website, you must not make any representations or statements about the Products to any third party. You indemnify us against any third party claims in respect of any representations or statements that you make beyond those contained in the material referred to in this paragraph.
12. Registrations and other authorisations
It may be that in the jurisdiction (including state, territory or local council) you wish to own or operate the Products, certain registrations, licenses and other authorisations are required.
We make no representation as to whether any use of the Products requires any such authorisation, and you should consult all applicable local laws prior to using the Products. We cannot be held liable for any of the above.
13. Privacy
Any personal information you provide to us will be handled in accordance with our privacy policy, accessible on our Website and applicable mandatory privacy law and regulations.
You agree that we may contact you about your Order, offers and new products. You can ask us not to contact you, either unsubscribing via a link in our communications, or by contacting us.
14. Safety Waiver
Use of the Products may carry some risk, including risk of injury or death to you or any person who uses the Products.
We take every precaution to ensure that the Products are as safe as possible, and that at all times clear, up-to-date instructions for use and care of the Products are provided to our users. Using the Products at all times in conformity with all instructions, manuals, user guides, and other materials will significantly reduce the risk of harm to you and any person using the Products with you. We encourage you to familiarise yourself with all instruction and safety materials.
You acknowledge and agree that you use the Products freely, voluntarily and absolutely at your own risk and with a full appreciation of the nature and extent of all risks involved in using the Products.
You further acknowledge and agree that due to the nature of the activities associated with the Products, it would be unreasonable for us to be in any way responsible for any injury to you or any person that uses the Products, including the death of you or any person that uses the Products. To the full extent permitted by mandatory law, you waive all of your legal rights of action against and fully release us for any loss, damage, injury or death arising out of or in relation to your use of the Products, or use of the Products by any other person. This waiver includes (without limitation) any right you or any other person might derive from our liability for any negligent or tortious act or omission, our breach of duty, or breach of contract or breach of statutory duty by us, our directors, employees or agents, to the extent permitted by mandatory law.
This waiver is binding on you, and your executors, your legal personal representative and your estate, and we will rely on this waiver, to the extent permitted by mandatory law.
15. No exclusions
For the avoidance of doubt, nothing in this Purchase Agreement excludes, restricts or modifies or has the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by any applicable local law that, by law, cannot be excluded, restricted or modified.
16. Applicable law and jurisdiction
This Purchase agreement shall be governed by and construed in accordance with the laws of the country of delivery applicable to your Order, without regard to its conflict of laws rules, including without limitation, your local legislation enacting the Consumer Rights Directive (2011/83/EU). The competent courts of that same country shall have exclusive jurisdiction in connection with any disputes arising out of a purchase made on this Website or any Product, save for any right under mandatory provision of applicable law to establish legal proceedings in the habitual place of residence or domicile of the consumers.
17. Severance
If at any time any provision of this Purchase Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that will not affect or impair: the legality, validity or enforceability in that jurisdiction of any other provision of this Purchase Agreement; or the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of this Purchase Agreement.