GENERAL TERMS AND CONDITIONS
The following terms and conditions govern all online offers, sales and purchases of products, services and/or digital content through the website(s) currently located at https://store.acer.com/en-ie/ (together with any successor site(s), the "Site"). These terms hereby incorporate the terms and conditions of the https://www.moduslink.com/privacy-policy/ applicable to the Site.
1.1 The following terms and expressions shall have the following meanings:
a. 'consumer' means any natural person who is acting wholly or mainly for purposes which are outside his trade, business, craft or profession;
b. 'day' means a calendar day;
c. 'durable medium' means any instrument which enables you or the trader to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored;
d. 'digital content’ means data which are produced and supplied in digital form, such as computer programs, applications, games, music, videos or texts, listed and described on the Site available for provision to you in accordance with these General Terms and Conditions;
e. ‘product(s)’ means the computer hardware and related accessories listed and described on the Site available for provision to you in accordance with these General Terms and Conditions;
f. ‘service(s)’ means the digital services and extended warranties, listed and described on the Site available for provision to you in accordance with these General Terms and Conditions.
2.1 Products, services and digital content sold through the Site are sold to you by ModusLink B.V. ("Trader" or "us").
Trader's contact information is as follows:
Chamber of Commerce: 08055138 in Apeldoorn, Netherlands.
For Complaints please contact:
Asplex sp z.o.o,
ul. Graniczna 8 D-E,
54-610 Wroclaw, Poland
Telephone number: 03717601020
E-mail address: Contact page
3.1 These General Terms and Conditions apply to every offer of Trader and every contract concluded between Trader and you.
4 ORDERING AND CONTRACTING
4.1 When you visit the Site, place an order, or send e-mails to us, you are communicating with us electronically. For contractual purposes, you consent to receive communications electronically from us and you agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights related to electronic communications.
4.2 If you place an order on the Site, you must agree these General Terms and Conditions and you must be eighteen (18) years of age or older and have the legal right to use the payment means selected by you. Verification of information provided by you may be required prior to the confirmation or acceptance of an order or completion of any purchase. You will have an opportunity to review your order, and to correct any input errors, prior to submitting your order to us.
4.3 Your order constitutes an offer to us to purchase a product, service and/or digital content and we will confirm receipt of your offer via the email address you provide to us. No charge of your credit card or other payment instrument by or on behalf of Trader constitutes an acceptance of your offer. We reserve the right to accept or reject your offer in our discretion. Note that we only deliver products and/or provide services to your address in Ireland and we do not deliver products and/or services to other countries. Your order is accepted by us when we send an email confirmation to you that we have shipped the product and/or the third party service provider has started to provide service to you and/or digital content is made available for download or activation. We will inform you by email if a product, service and/or digital content you ordered is unavailable or if we will be unable to ship a product, provide the service and/or digital content within the estimated delivery dates.
4.4 All relevant sales information shall form an integral part of the contract and shall not be altered unless we have expressly agreed otherwise.
5.1 Save where you do not have a right of rescission as per clause 5.7, you have a period of 14 days to rescind the contract, without giving any reason, and without incurring any costs other than those provided for in this clause 5. The rescission period will expire after 14 days from:
a. in the case of service contracts or contracts for online digital content, the day of the conclusion of the contract;
b. in case of sales contracts for products, the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the products, or:
I. in the case of multiple products ordered by you in one order and delivered separately: the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the last product;
II. in the case of a contract relating to delivery of a product consisting of multiple lots or pieces: the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the last lot or piece;
III. in the case of a contract for regular delivery of products during a defined period of time: on the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the first product.
5.2 To exercise the right of rescission, you must inform us of your decision to rescind this contract by an unequivocal statement (e.g. a letter sent by post or using contact details provided to you as per clause 2.1). You may use the attached model rescission form, but it is not obligatory. You may also electronically submit the model rescission form or any other unequivocal statement on our website using our Contact Page in which case we will communicate to you an acknowledgement of receipt of such a rescission on a durable medium without delay. For most efficient processing of your rescission we suggest that you first contact our call centre at 01 4311040for further detailed instructions. You shall have exercised your right of rescission within the rescission period if the communication concerning the exercise of the right of rescission is sent by you before that period has expired. The exercise of the right of rescission shall terminate the obligations of the parties: (a) to perform the contract; or (b) to conclude the contract, in cases where an offer was made by you. If you exercise your right of rescission, any ancillary contracts shall be automatically terminated.
5.3 If you rescind the contract, we shall reimburse to you all payments received from you, including, if applicable, the costs of delivery (with the exception of the supplementary costs if you have expressly opted for a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to rescind this contract in accordance with clause 5.2. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise and provided you do not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the products back or until you have supplied evidence of having sent back the products, whichever is the earliest.
5.4 You shall send back the products to Asplex sp z.o.o, ul. Graniczna 8 D-E, 54-610 Wroclaw, Poland or hand them over to us , without undue delay and in any event not later than 14 days from the day on which you have communicated your decision to rescind the contract to us in accordance with clause 5.2. The deadline is met if you send back the products before the period of 14 days has expired. In consideration of risk of loss or damage of products as implied under clause 6.6, we recommend that you use a carrier that allows tracking and monitoring of delivery status for your returns. For most efficient processing of your return we suggest that you contact us at the telephone number indicated to obtain a return merchandize authorization (RMA) number prior to returning your product.
5.5 You shall only bear the direct cost of returning the products. You are only liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the products.
5.6 If you want the performance of (the agreement for) services to begin during the rescission period provided for in clause 5.1(a) we require that you make an express request. You acknowledge that you will lose your right of rescission once the (agreement for) service has been fully performed. If you exercise the right of rescission after having made such request, but before the (agreement for) service has been fully performed, you shall be liable to pay us reasonable costs, consisting of an amount which is in proportion to what has been provided until the time you have informed us of the exercise of the right of rescission, in comparison with the full coverage of the contract. The proportionate amount to be paid by you to us shall be calculated on the basis of the total price agreed in the contract. If the total price is excessive, the proportionate amount shall be calculated on the basis of the market value of what has been provided.
5.7 In the following situations you do not have a right of rescission:
a. service contracts after the service has been fully performed if the performance has begun with your prior express consent, and with the acknowledgement that you will lose your right of rescission once the contract has been fully performed by us;
b. the supply of products or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by us and which may occur within the rescission period;
c. the supply of products made to your specifications or clearly personalized;
d. the supply of products which are liable to deteriorate or expire rapidly;
e. the supply of sealed products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
f. the supply of products which are, after delivery, according to their nature, inseparably mixed with other items;
g. the supply of computer programs, applications, games, music, videos or texts on sealed tangible medium (CDs, DVDs, memory cards, etc.) which were unsealed after delivery; and
h. the supply of online digital content if the performance, such as start of the downloading or activation of a computer program, has begun with the your prior express consent and acknowledgment that you thereby lose your right of withdrawal.
5.8 The burden of proof of exercising the right of rescission in accordance with this clause shall be on you. Except as provided for in this clause 5, you shall not incur any liability as a consequence of the exercise of the right of rescission.
5.9 Clauses 5.1 to 5.8 will only apply if you are a consumer.
6 DELIVERY AND EXECUTION
6.1 Unless we have agreed otherwise on the time of delivery, we shall deliver the products by transferring the physical possession or control of the products, commence provision of services and/or made digital content available to you for download or activation without undue delay, but not later than 30 days from the conclusion of the contract.
6.2 Where we have failed to fulfil our obligation to deliver the products, commence the provision of services and/or made digital content available to you for download or activation at the time agreed upon with you or within the time limit set out in clause 6.1, you shall call upon us to make the delivery and/or commencement within an additional period of time appropriate to the circumstances. If we fail to deliver the products, commence provision of services and/or made digital content available to you for download or activation within that additional period of time, you shall be entitled to rescind the contract.
The above shall not be applicable to sales contracts, services contracts and/or contracts for online digital content where we have refused to deliver the products, commence the provision of services and/or made digital content available to you for download or activation or where delivery, commencement or provision within the agreed delivery period is essential taking into account all the circumstances attending the conclusion of the contract or where you inform us, prior to the conclusion of the contract, that delivery by or on a specified date is essential. In those cases, if we fail to deliver the products, services and/or digital content at the time agreed upon with you or within the time limit set out in clause 6.1, you shall be entitled to rescind the contract immediately.
6.3 Upon rescission of the contract in accordance with clause 6.2, we shall, without undue delay, reimburse all sums paid under the contract.
6.4 In addition to the rescission of the contract in accordance with clause 6.2, you may have recourse to other remedies provided for by national law.
6.5 Orders are shipped on weekdays (Monday through Friday), except for applicable national holidays in Poland. If any products in your shopping cart indicate “PreOrder” as the status, your entire order will be delayed until all of the items in your order are in stock. You will receive a shipment confirmation e-mail with carrier tracking information on the day that your order ships from our warehouse. When an order is placed, it will be shipped to the shipping address designated by you as long as that shipping address is complete and compliant with the shipping restrictions contained on the Site. All shipments are made by an independent third party carrier indicated on the Site. Without prejudice to clause 6.1 above, shipping dates on the Site are estimates and are not binding. We will inform you by email upon shipment of a product. In case of conflict between this clause 6.5 and another part of clause 6, that other part shall prevail.
6.6 Subject to clause 6.8, the title, risk of loss of or damage to the products shall pass to you when you or a third party indicated by you and other than the carrier has acquired the physical possession of the products.
6.7 Our standard shipping charges are based on the total value and/or size and/or weight of merchandise shipped in a single shipment and the shipping address. Charges for expedited delivery, if applicable, are in addition to the standard shipping charge. Standard and expedited shipping charges will be displayed on the Site before you place your order.
6.8 Title to all products shall only pass to you when we have received final payment in full.
7 SOFTWARE INFORMATION
7.1 Use of any software (computer program, application, game, etc.) is licensed to you (and not sold to you) and is subject to the license terms in the software license agreement that accompanies or is proided with the software, whether presented to you preinstalled or preloaded on your product and delivered to you during your download or activation process or software installation process (“License Terms”). You may not download or activate, use or install the software until you have read and accepted the License Terms. Some software that is bundled with systems may differ from its retail version (if available) and may not include user manuals or all program functionality. Except to the extent expressly provided by us in writing, or under the relevant License Terms, software is provided “as is” without any warranties, terms or conditions as to quality, fitness for purpose, performance or correspondence with description and we do not offer any warranties or guarantees in relation to software installation, configuration or error/defect correction. You are advised to refer to the License Terms with regards to determining your rights against a manufacturer, licensor or supplier of the software.
8 PRICE AND PAYMENT
8.1 The prices displayed on the Site are the total prices quoted in the applicable currency based on the location you have selected, inclusive of taxes, or where the nature of the products and/or services is such that the price cannot reasonably be calculated in advance, the Site shall display the manner in which the price is to be calculated, as well as, where applicable, all additional freight, delivery or postal charges and any other costs or, where those charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable.
9.1 We warrant that for a period of two (2) years if you are a consumer and one (1) year if you are not a consumer as from delivery of the product, the product will be in compliance with the contract, the manufacturer’s specifications and warranty terms supplied with the product, the reasonable requirements of usability and/or reliability, and the existing provisions of the applicable laws and / or governmental regulations on the date the contract was entered into.
Furthermore we warrant that services shall be in conformance with their service description and will be performed during the applicable service period. This warranty does not apply to products damaged by misuse, accident, or normal wear and tear. Because of possible user resealing error, this product is not warranted against water housing leakage or any resulting damage.
In the event of a defect, please contact us via our Contact Page or by calling our technical call centre 01 4311040.
The warranty set out in this section 8.1 is in addition to and does not affect the statutory rights and remedies you have under applicable consumer protection law. In the event of conflict between this section 8.1 and applicable consumer protection law, your statutory rights under applicable consumer protection law shall prevail.
9.2 This clause 8.2 does not apply if you are a consumer. Our sole obligation under the warranty at clause 8.1 will be at our option to repair or replace the product. ALL IMPLIED WARRANTIES OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THE WARRANTY AT CLAUSE 8.1. MODUSLINK B.V. DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL MODUSLINK B.V. BE LIABLE FOR ANY LOSS OF DATA, REVENUE OR PROFIT, OR FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, LOSS OF BUSINESS AND REPUTATION, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT OR SERVICE, EVEN IF MODUSLINK B.V. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MODUSLINK B.V.’S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT OR SERVICE.
IN NO EVENT WILL MODUSLINK B.V. BE LIABLE FOR ANY LOSSES OR DAMAGE INCURRED BY ANY BUSINESS, TRADE, CRAFT OR PROFESSION CARRIED ON BY YOU OR ANY OTHER PERSON USING PRODUCTS AND/OR SERVICES PURCHASED UNDER THESE TERMS.. If you experience a problem with your product, we suggest you first contact our support team for assistance.
Some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. Furthermore, nothing in these General Terms and Conditions shall purport to exclude any liability resulting from gross negligence or wilful misconduct of the trader's executive management.
9.3 The above warranty gives you specific legal rights. If you are a consumer, these rights do not affect your legal rights under applicable national legislation governing the sale of consumer products and services.
10.1 Unless provided otherwise in these General Terms and Conditions, we are not liable (for damages or otherwise) in connection with these General Terms and Conditions and any orders, products, services, or purchases except (a) to the extent damages arise from our or our representatives’ or agents’ intentional or grossly negligent conduct, (b) for death or personal injury or damage to property caused by our defective products and/or services, (c) for death or personal injury caused by our or our representatives’ or agents’ negligence, or (d) to the extent our liability cannot validly be excluded under applicable law.
10.2 If you are a consumer, subject to clause 9.1, we are only liable for losses that are a natural, foreseeable consequence of our breach of these General Terms and Conditions and in no event are we liable for any loss of data, or for any special, indirect, consequential, incidental or punitive damages. If you use the products for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. The foregoing does not affect your non-excludable statutory rights and only applies to the extent permitted by the applicable law.
11 PERSONAL INFORMATION AND YOUR PRIVACY AND EXPORT CONTROL
11.2 Please note that products or digital content which may include technology and software, are subject to E.U. export laws as well as the laws of the country where they are delivered or used. You agree to abide by these laws. Under these laws, product(s) or digital content may not be sold, leased, or transferred to or used by restricted countries, restricted end-users, or for restricted enduses.
12.1 The Contract formed under these General Terms and Conditions is personal to you and you are not permitted to assign or transfer it to any other person without the Trader’s prior written consent. The Trader has the right to assign the contract in full or in part to any company or entity for business reasons, and you hereby cooperate to such transfer in advance, provided that if you do not agree to such transfer you will be entitled to terminate the contract with immediate effect.
13 APPLICABLE LAW AND EXCLUSIVE JURISDICTION
13.3 The rights you have under these General Terms and Conditions are in addition to and do not affect the statutory rights and remedies you have under applicable consumer protection law. In the event of conflict between these General Terms and Conditions and applicable consumer protection law, your statutory rights under applicable consumer protection law shall prevail.
14.1 A complaint regarding our services can be sent to:
ModusLink c/o Asplex sp z.o.o,
ul. Graniczna 8 D-E
14.2 We comply with all laws related to environment and waste management. Please refer to https://store.acer.com/en-ie/weee-annex for more info.
Please complete and return this form only if you wish to rescind the contract
ModusLink c/o Asplex sp z.o.o,
ul. Graniczna 8 D-E
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following products:
Ordered on (*)/received on (*):
Order number (if available):
Your signature (only if this form is notified on paper):
(*) Delete as appropriate.