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These General Conditions of Sale are modelled after the International Chamber of Commerce Online B2C General Conditions of Sale.
Identification of the Seller
Name: Human Engineering Oy
Address: Parrulaituri 10 D 47, 00540 Helsinki, Finland
(hereinafter called “the Seller”)
1. Field of application and product conditions
1.2. The Seller reserves the right to change the current GCS at any time. Any amendment of the GCS shall be effective exclusively for all new orders submitted following the publication of the amendment on the Website. Customers should check the GCS posted on the Website before clicking on the “Buy now” button—they may have changed since the last visit.
1.3. The GCS may be printed, downloaded, and/or stored by customers.
1.4. The Website is intended only for sales to consumers being of legal age (eighteen years), acting for purposes which are outside their trade, business, craft or profession (hereinafter “the Customer(s)”). The products displayed on the Website are not intended for re-sale. Orders for quantities exceeding typical personal use are not permitted.
1.5 The products displayed on the Website are not intended for any medical use such as diagnosing, treating, managing, or preventing any medical conditions, including diabetes. The products may show inaccurate values at any point, and no medical decisions should be made based on data from the products.
1.6 The products displayed on the Website are only compatible with phones outlined in the FAQ page (https://www.veristable.com/faq), and the Seller does not take responsibility for refunding the sale if the customer has ordered the product without a compatible phone accessible to their use. The Seller reserves the right to alter the list of compatible phones at any time. See section 5 for information on return rights.
2. Purchase procedure and conclusion of contract / Order and acceptance
2.1. Customers choose products by clicking on their respective images or names. The chosen products will be included in the shopping cart, after which Customers can place their orders by filling out the order form and accepting the current GCS. Prior to submitting an order a Customer is required to verify the accuracy of the information provided after making any necessary corrections. A purchase order is submitted to Seller when the Customer selects the “Buy now” option, shortly after which the Customer will receive an e-mail acknowledging the receipt of the order. Customers may regularly access updated information on the status of their pending orders by clicking on the personal section in the customer care area of the Website.
2.2. An order submitted by a Customer is an offer to purchase the chosen products from the Seller. Orders are subject to the Seller’s acceptance, which shall be provided by means of an e-mail of acceptance within 10 (ten) calendar days from the submission of the order. A Customer may cancel its order any time prior to the Seller’s dispatch of the acceptance e-mail. Upon Seller’s acceptance, the sale contract shall be deemed concluded. The Seller may refuse to accept any order at its discretion. The price of the products will be blocked on the Customer’s credit card at the time the order is submitted but charged only after the acceptance of the order by the Seller.
2.3. The Seller reserves the right to change the assortment of products displayed on the Website at any time.
2.4. The Seller reserves the right to cancel a sale contract with any Customer with whom litigation is pending, or who is or has been in breach of the Seller’s General Conditions of Sale in the course of a previous purchase.
3. Prices and payment conditions
3.1. The prices of the products on sale on the Website are inclusive of VAT or other applicable sales taxes in the Seller’s country. The prices shown on the Website does include the courier delivery fee, but not any customs duty or sales taxes applicable in the country to which products will be delivered, which shall be charged to the Customer separately. The total order price will be shown before Customer is prompted to select the “Buy now” button.
3.2. The Seller reserves the right to modify the prices of products displayed on the Website, or to correct any errors or inaccuracies, at any time.
3.3. If, before the Seller accepts an order, it discovers an error in the price of the products ordered by the Customer, the Seller shall inform the Customer as soon as reasonably possible. The Customer will then be given the option of re-confirming the order at the correct price or cancelling the order, If the Seller is not able to contact the Customer using the contact details provided by the Customer during the order process, the order shall be considered as cancelled and notice thereof shall be given by e-mail.
3.4. The means of payment accepted by the Seller are indicated at the beginning of the ordering process.
4.1. The products shall be dispatched to the address indicated in the order within the time indicated in the order acceptance. No delivery shall be made to P.O. boxes. Delivery shall be made only to persons of legal age. The Customer acknowledges that any person at the delivery address shall be authorised to take delivery.
4.2. The sales of the Items take place under the trade term CPT Helsinki, or, as the case may be, CPT Hamburg, Incoterms 2020. Delivery shall take place and the risk shall pass to the Customer upon handing the goods over to the carrier, without prejudice to the rights of the Customer against the carrier. The Customer is also solely responsible for any customs clearance, and the payment of any duties or taxes in connection therewith.Human Engineering Health Oy disclaims all legal responsibility for compliance with local import laws.
4.3. In the event the Seller has indicated a delivery time and delivery is not possible for reasons attributable to the Customer, the Customer may be charged a fee to have the products re-delivered at a new delivery time/date, as arranged by the Seller and the Customer.
4.4. If the Seller is unable to contact the Customer after making reasonable attempts to arrange delivery, the Seller may notify the Customer of a 30-calendar-day notice period within which delivery will be attempted. Subject to the right to cancel the purchase according to Article 5, below, if the Customer fails to take delivery within the notice period the Seller may terminate the sale contract and may charge the Customer the costs of delivery and claim additional damages, if any. If the Customer informs the Seller [through email tthat they have failed to accept or have refused the delivery, the Seller will refund the purchase price with a 20 EUR fee subtracted to cover the associated shipping and administrative fees. This refund will be processed once the shipping partner confirms that the shipment will be returned to the Seller.
5. Customers in the European Union
5.1. The Customer has the right to withdraw from this contract within 14 (fourteen) calendar days after receiving the products without giving any reason, subject to the exceptions listed in Article 5.7. The withdrawal period will expire after 14 (fourteen) calendar days from the day on which the Customer, or a third party—other than the carrier—which has been indicated by the Customer, acquires physical possession of the products. To exercise the right of withdrawal, the Customer must give notice to the Seller [Hämeentie 31, 00540 Helsinki, Finland; email@example.com] of its decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). The Customer may fill in and submit the model return form indicated in Annex 1, but it is not obligatory; the Customer may alternatively submit any other unequivocal statement of its withdrawal from this contract electronically on the Seller’s Website or otherwise. If the Customer exercises this withdrawal option, the Seller will communicate to the Customer an acknowledgement of receipt of such a withdrawal in a durable medium (e.g. by e-mail) without delay. To meet the withdrawal deadline, it is sufficient for the Customer to send its communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
5.2. If the Customer withdraws from this contract, the Seller shall reimburse the Customer for all payments received, including the costs of delivery (with the exception of the supplementary costs resulting from the Customer’s choice of a type of delivery other than the least expensive type of standard delivery offered by the Seller and possible applicable charges, such as customs duties), without undue delay and in any event not later than 14 (fourteen) calendar days from the day on which the Seller is informed of the Customer’s decision to withdraw from this contract. If the Customer has an active subscription with the Seller, they will receive a notification 5 days before their subscription is renewed. If this notice is ignored and the Customer attempts to cancel the purchase after the product has been shipped, the Seller will follow the protocol outlined in Article 4.4. The Seller will carry out such reimbursement using the same means of payment as the Customer used for the initial transaction, unless the Customer has expressly agreed otherwise; in any event, the Customer will not incur any fees as a result of such reimbursement. The Seller may withhold reimbursement until it has received the products back or the Customer has supplied evidence of having sent back the products, whichever is earlier.
5.3. The Customer shall send back the products or hand them over to the Seller without undue delay and in any event not later than 14 (fourteen) calendar days from the day on which the Customer communicates its withdrawal from this contract to the Seller. The deadline is met if the Customer sends back the products before the period of 14 (fourteen) calendar days has expired. The Customer will have to bear the direct costs of returning the products.
5.4. The Customer must return the products in their original state and with the packaging in which they were delivered together with any accessories or instruction manuals. Labels must not be removed. The Customer shall be responsible for any diminished value of the products resulting from the handling other than that necessary to establish the nature, characteristics and functioning of the products. The Seller may refuse to refund products that have deteriorated; been damaged or tampered with; have had their labels removed; or are in a state that clearly indicates that the products have been used other than as permitted by applicable law.
5.5. Unless the Seller, after receiving notice of the exercise of the right of withdrawal, has offered to pick up the products itself, the risks of damage to or loss of the products during their return is borne by the Customer.
5.6. Where the sale contract concerns multiple products, the exercise of the right of withdrawal may apply to one or more products purchased.
Exception to the right of withdrawal
5.7. The Customer shall not be entitled to return products falling within the following category: Sealed products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
6. Characteristics of products
The Seller has undertaken reasonable efforts to ensure that the images of the products on the Website are faithful reproductions of the physical products. Despite the adoption of technical solutions to minimise inaccuracies, however, there may be some discrepancies (e.g. colour resolution) between the images and the products due to technical limitations. The Seller shall not be liable for any inadequacy of the graphic representation of the Seller’s products displayed on the Website arising from such technical limitations.
7. Conformity of products
7.1. Upon receipt of the products the Customer should check that they correspond to items ordered and their conformity with the contract.
7.2. All the products displayed for sale on the Website benefit from the legal guarantee of conformity for products pursuant to the applicable consumer protection law. The Seller is liable for any lack of conformity that becomes apparent within 2 (two) years from delivery of the products, or any longer period if provided by the national applicable law pursuant to Article 9 of the GCS.
7.3. Any complaint for non-conformity must be communicated to the Seller to the following address: firstname.lastname@example.org with a description of the non-conformity, as soon as possible and in any case within a reasonable time or the time limit provided for by applicable law, if any.
7.4. For repair inquiries that do not fall within the legal guarantee, please contact the Seller’s customer service at the following address: email@example.com.
8. Privacy and data protection
With regard to data processed in connection with Customer orders, Seller’s privacy and data protection notice is applicable and is available at the following link: www.veristable.com/privacy-policy
9. Applicable law
These General Conditions of Sale are governed by the laws of Finland without prejudice to the protection afforded to the Customer by mandatory applicable law.
10. Dispute resolution
For consumers residing in the European Union
10.1. A European Platform for Online Dispute resolution is provided for extrajudicial consumer disputes (ODR platform). The ODR platform is accessible at the following link: http://ec.europa.eu/ consumers/odr/
10.2. In case of disputes that may arise in relation to the current GCS the Courts of the Member State where the Customer has its domicile shall be competent, or, at the choice of the Customer, the Courts of the Member State where the Seller is domiciled shall be competent.
10.3. However, if the Seller does not direct its business to the Member State of the Customer’s domicile, the Courts of Finland shall have exclusive jurisdiction.
Failure by the Seller to solicit compliance by the Customer with the terms provided in the current GCS or any delay by the Seller in taking steps to enforce its rights, shall not be considered as a waiver by the Seller of any such rights or as a tacit amendment of the terms of the GCS and shall not prevent the Seller from enforcing any such rights at a later stage.
Model return form
To [Customer’s name, geographical address and, where available, fax number and e-mail address are to be inserted by the Customer]:— I ............... hereby give notice that I ............... withdraw from my ............... contract of sale of the following products,
— Ordered on / received on,
— Name of Customer(s),
— Address of Customer(s),
— Signature of Customer(s) (only if this form is notified on paper),
@2020 Human Engineering Health Oy