Conditions of sale:
You are connected on line with Apnea (Jersey) Ltd. These Terms and Conditions are applicable to all Orders made on our internet site : http://www.apnea.co.uk , from customers outside of Jersey. We strongly advise you to print and keep the present Conditions of Sale, and your online Order Form.
Please read the following provisions carefully as they form an agreement which sets forth the Conditions of Sale of the products of the APNEA ONLINE SHOP internet catalogue. You may only order our products if you accept the terms set forth hereunder. Ordering implies that the Customer entirely and unconditionally accepts these Conditions of Sale, in particular, the retention of title clause and waiver by the Customer of their own terms of purchase, regardless of the terms thereof, even if the Customer has sent us terms of purchase or other documents containing provisions which are in line with or contrary to these Conditions of Sale. The "approval click" that you make once you have completed your Order Form amounts to the constitution and approval of your order. It shall amount to an irrevocable acceptance of these terms and shall express your firm agreement to contract with Apnea (Jersey) Ltd . for all products you may have selected. The Conditions of Sale are presented as listed below :
ORDER TAKING AND ACCEPTANCE OF THE AGREEMENT BY THE CUSTOMER
TERM OF THE OFFER
TRANSFER OF RISKS
FULFILMENT OF THE ORDER
COLLECTION OF THE GOODS IN THE EVENT OF THE CUSTOMER'S ABSENCE
RIGHT OF RETRACTION
KEEPING AND STORING OF TRANSACTIONS
I ACKNOWLEDGE THAT I HAVE READ AND APPROVED EACH OF THE CLAUSES OF THESE CONDITIONS OF SALE. MY ACCEPTANCE SHALL BE EVIDENCED BY THE ELECTRONIC SIGNATURE MADE BY THE "APPROVAL CLICK" AND DISCLOSURE OF MY BANK/CARD PARTICULARS FOR PAYMENT.
PURPOSE: The purpose of the present Conditions of Sale is to set forth the rights and obligations of the Parties in the context of on-line selling of products proposed in this electronic catalogue by APNEA ONLINE SHOP directly to Customers in the UK, Europe and most countries of the World.
ORDER TAKING AND ACCEPTANCE OF THE AGREEMENT BY THE CUSTOMER: When clicking on the AGREE button of the Order Form, the Customer is transferred to an encrypted page for secure collection of payment details. Once on this page, the Customer is required to give private credit card number and expiry date and then to click on an acceptance button. By clicking on this button, the Customer shall give their irrevocable acceptance to pay the Order, which can only be challenged in the cases restrictively provided for in clauses entitled the " Right of retraction " and " Fulfilment of the Order ". As soon as APNEA ONLINE SHOP receives confirmation of successful payment of the Order by the Customer , the user becomes a " Customer ". Each Order is identified by an order number which is provided online to the Customer . The following contractual documents shall have a decreasing hierarchical legal value: - these Conditions of Sale ; - the purchase list ; - the invoice which serves as a warranty.
PRICE : Prices are indicated on the Site in £ = Pound Sterling (GBP) . The Parties agree with respect to performance of this Agreement to the invoicing and payment in Pounds Sterling (GBP) only. The price fixed at the time of purchase is firm and does not factor in the delivery costs which are shown as extras on the invoice/confirmation of order and are added to the total cost before the customer reaches the actual payment process. Prices exclude any VAT as Jersey is a non-VAT area. Prices are indicated to the Customer exclusive of VAT. For UK customers, VAT is added at checkout and is prepaid by us so there is no further VAT liability by the customer. For other jurisdictions, any VAT liability is between the Customer and their local authority. Payment of the price is owed in full when the order is ready for despatch. In the event of delivery outside the territory of Jersey, the Customer is solely responsible for customs taxes and formalities unless otherwise specified. The Customer is solely responsible for checking whether the Products ordered may be imported under domestic law in the country of delivery. Lastly, the Customer may not make any modification whatsoever in the form of an adjustment debit.
PAYMENT : The Customer shall pay for their order by bank card as proposed on the Site upon sending an order form to APNEA ONLINE SHOP . Pursuant to this method of payment, the provisions concerning fraudulent use of means of payment provided for under the agreements entered into between the Customer and the card issuer and between Apnea (Jersey) Ltd. and its bank shall apply. When approving the order form the Customer warrants APNEA ONLINE SHOP that it has all authorisations needed to use the method of payment by bank card. Approval of the order by means of the bank card number and the expiry date amounts to authorisation to pay the price on the invoice (contribution to delivery costs included) which APNEA ONLINE SHOP transfers to the Customer's credit institution. In the event of any dispute concerning invoicing, the amount which is not being disputed must be paid at the stipulated contractual date of payment. The disputed amount will be paid as soon as the dispute is settled. For other means of payment, you must contact us.
NON PAYMENT : APNEA ONLINE SHOP reserves the right to claim the return of all products in the event of non payment. The Customer undertakes to return any product for which full payment has not been made to APNEA ONLINE SHOP , whenever requested by APNEA ONLINE SHOP . The Customer shall pay for any costs in connection therewith.
TRANSFER OF RISKS : Risks are transferred to the Customer when the product is delivered to the Customer . During the retraction period mentioned hereunder, the Customer as the custodian shall be liable for the products. If a product is damaged or destroyed during the Customer's custody, the latter will bear all the consequences thereof.
FULFILMENT OF THE ORDER: The order will be fulfilled within one (1) to forty-five (45) business days as from the day following that on which the Customer placed its order (or from the date of actual release of pre-orders) subject to the limit of available stock. If the Product ordered is not available, the Customer will be informed thereof as early as possible and may, at its option, wait for the product to become available, choose an equivalent product or obtain a refund by an account credit transaction cancelling (in whole or in part) the payment transaction. In the event the Customer has not given its instructions within thirty (30) days, APNEA ONLINE SHOP will undertake to wait until the product ordered is made available, unless such product is definitely out-of-stock, in which case APNEA ONLINE SHOP shall refund the corresponding amount (if payment has already been made). The delivery dates indicated by APNEA ONLINE SHOP are given for information purpose only. APNEA ONLINE SHOP shall make every effort to meet such dates. The Customer shall not be entitled to cancellation of the order or compensation if delivery dates are not met. The Customer is offered the possibility of having the product delivered to another location which it shall mention in the space provided for this purpose. In this case, the invoice which serves as a warranty will nevertheless be sent to the orderer.
DELIVERY : Products are delivered to the address indicated by the Customer on the on-line order form and must be an address held on record by the Customer's card issuer. Delivery shall be deemed to have occured when the products are remitted to the Customer by the carrier. The Customer shall check the contents, conformity and the condition of the products on delivery thereof. With regard to the measures to be taken vis-à-vis the carrier, the Customer must check the condition of the delivered product upon delivery thereof before signing the acknowledgement of receipt of the parcel (if any). The condition of these goods must correspond with the information set forth in the consignment note. If the Customer notices any damage when it makes this check, he must : - refuse delivery of the ordered product or - issue reservations on the consignment note. Said reservations must be dated, in writing, precise, meaningful and complete and must be confirmed by e-mail sent within two (2) days to APNEA ONLINE SHOP Jersey. Under these circumstances and if the report is substantiated, APNEA ONLINE SHOP undertakes to send on a new product as quickly as possible. The Customer will be refused a refund by APNEA ONLINE SHOP if delivery is refused in bad faith or if non substantiated reservations are issued or reservations are made in bad faith.
COLLECTION OF THE GOODS IN THE EVENT OF THE CUSTOMER'S ABSENCE: In case of absence during delivery, the Customer shall collect the products at the address indicated by the carrier. It will be informed of the conditions and the place of collection of the parcel by notice delivered to the delivery address. If after the period indicated in the notice of delivery (usually fifteen (15) days), the Customer has not collected the product, it will be returned to APNEA ONLINE SHOP which reserves the right to refund the Customer for the price of the product (minus any costs incurred by Apnea (Jersey) Ltd. which are payable by the Customer) as quickly as possible and to keep the Product.
CLAIMS : Claims concerning the non conformity of the delivered product(s) with the purchase list contained in the parcel must be made in writing immediately upon receiving said product(s) to APNEA ONLINE SHOP , by e-mail, without prejudice to the measures that must be taken vis-à-vis the carriers. The Customer must keep the packaging and consignment note. In the event of an error concerning the product, the Customer undertakes to return the product within seven (7) days following receipt of the product provided that the product is returned to APNEA ONLINE SHOP without the packaging being opened, in its original condition and packaging, together with the Customer's list of purchases. Once APNEA ONLINE SHOP has received the product, it will at its expense send the product ordered by the Customer.
RIGHT OF RETRACTION: The Customer shall have a period of seven (7) business days to return any products which do not suit it, at the customer's expense. This period runs as from the date of receipt thereof by the Customer . However, the abovementioned period will be extended to the applicable period in the country of delivery if such period is longer than 7 business days. The Customer will be refunded for the sums paid, in return for re-forwarding the products at the Customer's expense within thirty (30) days of receipt thereof, by APNEA ONLINE SHOP and provided that the product is in its original condition and packaging, i.e. without any damage however slight this may be (whether in appearance or functional) and in a perfect state of cleanliness.
WARRANTY : The Customer shall be entitled to a thirty-day (30) sales warranty for all product defects as from the date of receipt and limited to replacement, subject to availability of the same. The terms of warranty and the implementation thereof are subject to compliance with the normal use of the products, according to the recommendations set forth by the Editors. The contractual warranty includes the exchange of the Product only, the sales warranty shall apply without prejudice to the statutory warranty against hidden defects provided for under the relevant Jersey law which applies in any case. To implement the warranty, the Customer undertakes to send the product under warranty, with the original invoice, at its expense, to the address : Apnea (Jersey) Ltd., 11 New Street, St Helier, Jersey JE2 3RA - (the Customer is to keep a copy of this invoice). APNEA ONLINE SHOP undertakes to return an identical product, barring a permanent out-of-stock situation, in which case the Customer will be offered a similar product or a refund of the initial product. APNEA ONLINE SHOP will assume the costs of delivering this new product.
ELECTRONIC SIGNATURE: The "approval click" associated with the procedure of authentication, non retraction and protection of the integrity of messages constitutes an electronic signature. This electronic signature shall be deemed to be a manual signature between the Parties.
KEEPING AND STORING OF TRANSACTIONS: Order forms and invoices are stored on a reliable and permanent medium so as to constitute a faithful and permanent copy thereof, in accordance with Articles 5, 7 and 40 of the Data Protection (Jersey) Law 1987.
INTELLECTUAL PROPERTY: All intellectual property rights pertaining to the Product and assigned to the Customer pursuant to these Conditions of Sale shall unconditionally remain the full and entire property of their respective owners. The same shall apply for trademarks, design patents, copyrights and any other rights held by their respective owners. Any reproduction or use of any of the aforementioned intellectual property rights shall be subject to the express and prior authorisation of their respective owners.
ENTIRE AGREEMENT: These Terms and Conditions of sale express all of the Parties' obligations. No general or special terms communicated by the Customer may be included in these Conditions of Sale . Should APNEA ONLINE SHOP not take action against a breach by the Customer of any of the obligations hereunder, this fact shall not be interpreted in the future as a waiver of the obligation in question and its right to take action against said breach at a later date.
GOVERNING LAW : The Parties shall endeavour to come to an out-of-court settlement of any disputes in connection with the existence, performance or termination of these Conditions of Sale between the Parties. Failing an amicable settlement, the dispute shall be governed by, construed and enforced in accordance with the law of the Island of Jersey. This shall apply for both the substantive and procedural rules. Jurisdiction shall be granted to the Jersey Courts, even in the event of several defendants, third party proceedings or summary proceedings. APNEA ONLINE SHOP considers the foregoing provision to be a substantial condition of the Agreement, without which it would not have contracted. Acceptance of payment or payment outside Jersey shall not constitute either a novation or an exception to this clause. Should one of the clauses of this Agreement be declared null or void, this clause shall be deemed to be unwritten and it cannot entail the invalidity of these Conditions of Sale as a whole. The Parties shall endeavour in good faith to negotiate an equivalent replacement clause.