TERMS AND CONDITIONS OF SALE (“SALES TERMS”)
Posted and effective as of 28.08.2017
These Sales Terms are applicable to the TE3 Oy Webshop (“Online Shop”) at the www.te3mobility.com and to orders and sale transactions for products available at the Online Shop (“Product”).
The Online Shop is owned by TE3 Oy, Finland FI27652842.
With regard to your purchases in the Online Shop we will communicate electronically by sending email or posting electronically. You agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing.
Please note that these Sales Terms give you specific rights, and you may have other rights, which vary from jurisdiction to jurisdiction.
1. About These Sales Terms
These Sales Terms only apply to purchases made in this Online Shop. Other TE3 web sites on the internet and Social media may have different terms and conditions. From time to time TE3 may change or alter these Sales Terms which will be applicable to orders placed on or after the effective date stated by TE3.
Information contained in TE3’s advertising, brochures or other written materials, on TE3 web sites or given to you, is for information only and not an offer by TE3 to supply any Products.
BY PLACING AN ORDER FOR PRODUCTS, YOU AGREE TO BE BOUND BY AND ACCEPT THESE SALES TERMS
Additional terms and conditions are required to be accepted for Employee or other Hookup purchase programs.
2. Placing an Order
To be able to buy Products you have to:
provide your name and address, phone number, email address, payment details and other required information;
be at least 18 years of age;
be the owner or authorized holder of a valid debit/credit card.
You may place an order by clicking on the “Add to cart” button and proceeding to the checkout page.
When you create a TE3 account you will also create a personal user identification (your username) and password. Keep your password protected at all times and do not disclose it to anyone else as you are personally responsible for each purchase made using your user identification and password.
3. Order Processing and Contract Formation
You agree that your order is an offer to buy the Products listed in your order under these Sales Terms. All orders must be accepted by TE3. We may choose not to accept abnormal orders and orders which TE3 suspects are not placed in good faith.
After having received your order, we will send you an acknowledgement email with your order number and details of the items you have ordered.
Acceptance of your order and the formation of the contract of sale between TE3 and you will not take place unless and until you have received Your TE3 Order confirmation email.
You have the option to cancel your order at any stage by contacting TE3 customer service by email email@example.com.
4. Prices, Shipping and Handling, Charges and Taxes
The price charged for a Product will be the price in effect at the time the order is placed and will be set out in the order receipt and order confirmation emails. TE3 may change prices at any time without notice. Price increases will only apply to orders placed after such changes.
TE3 charges sales tax where required by law. If you are shipping to states where sales tax is charged, the appropriate charges will be added to your merchandise total and displayed in your TE3 Order. Prices for the Products do not include charges for shipping and handling.
Separate charges for tax and shipping will be itemized in your shopping cart and on Your TE3 order confirmation email.
We sell and deliver our Products to the Geographical Areas where we have the required certifications, regulatory requirements and testing approved. We are actively seeking new areas for approval, but for reasons beyond us they may delay sales and deliveries in certain areas. If you have purchased the product from the area where we cannot yet supply the Product, we will notify you by e-mail after your order by canceling your contract.
5. Product Availability and Delivery, Circumstances Beyond Reasonable Control
TE3 does not guarantee the availability of any Product in the Online Shop. TE3 reserves the right, without liability or earlier notice, to change, discontinue or stop making any Product.
For details on different delivery options please see summary of our services.
We will provide you with the information on the latest expected delivery date with the order confirmation email.
If you order any personalized items, the manufacturing time for such items is added to the shipping time of the selected delivery option.
In case you unreasonably defer delivery or delay the receipt of delivery after we have notified you that we have tried to deliver the ordered items to you, or if you have provided us with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us.
Delivery options are defined in checkout and may change. Delivery based on the option selected is not guaranteed. Reimbursement for payment of the express delivery price will occur if the service requested was not delivered on time.
If the items remain undelivered and are returned to us undelivered, we consider that you have exercised your right to cancel the contract and when we receive the returned delivery package we will refund you in accordance with our return policy less the reasonable additional costs incurred by TE3.
TE3 shall not be held responsible for delay or failure to perform if the delay or failure is caused by any circumstances beyond its reasonable control including but not limited to acts of war or terror, strikes, national or local states of emergency, failure of transportation facilities, power or utility outages, earthquakes, or other natural disasters.
6. Compatibility, Product Information
When placing your order please ensure that the Products you purchased are compatible for the intended use. Please use the information provided in the Online Shop as reference when checking compatibility. In the event of a difference between the Online Shop content and any other TE3 (or non-TE3) web site (or any other source of information) the compatibility of Products as shown on the Online Shop at the time of purchase will be seen as taking precedence. We encourage you to examine the delivery package and received items within fourteen days after they are delivered to you and check their condition and that the content of the delivery package is complete.
There may be exceptions to the choice of payment methods country-by-country.
Payment by credit/debit cards shall be made by a credit or debit card approved by TE3. Approved credit and debit card types are listed in the Online Shop. You have to supply your payment card details when you place your order. Your credit card may not be accepted if: (i) the name on the credit card does not match the billing name given or (ii) the billing address given does not match the bank records. Your payment card will be charged on shipment of the ordered items. We will not supply the items to you until your card issuer has authorized the use of your card for payment of the ordered Products. As your Order confirmation email is your proof of purchase, we recommend that you save and print that document for your potential future use.
8. Title to Products
TE3 retains full legal title to Products until it has received all amounts due on the ordered Products.
9. Return and Refund, Other Options
If you have bought Products for your own private use as a consumer and want to exercise your right to cancel the contract and return the items you have purchased, return the product within thirty (30) calendar days after the date of receipt of the delivery and correctly follow the instructions on the return form provided with your shipment.
Once we have received and validated your returned items, we will confirm it to you by email. Refund will be processed by us and confirmed by email.
If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged in transportation, contact without delay our customer service via email firstname.lastname@example.org or https://te3mobility.com/contact-us/ and provide all the information requested in the annex 1 so that we can identify and process the recovery quickly.
10. How to Return Items?
A pack slip and return information will be inserted within your package.
You must return the items in their original package.
You must include all accessories, user manuals and any free gifts that came in the same package.
Where an item has been purchased as a part of a bundle of multiple items, all multiple items within that bundle must be returned.
Please treat the items with care and return them in the condition that they were delivered to you.
Please use, if possible, the original delivery package or pack the items securely and make sure that the filled out return form is included inside the box and place the pre-printed return label on the outside of the packing used for shipping.
Replacement or refund can only be processed once we have received all the items to be returned.
If you return items 1) that you are not entitled to return, 2) that are not in their original condition, 3) that are without proper or missing packaging, 4) with items missing from the return delivery, 5) without following our return instructions, or 6) have otherwise failed to exercise reasonable care when taking care of and returning items, we reserve the right either to reject your return and decline to refund or to deduct from those payments to be refunded to you reasonable repair or other similar direct costs that we have incurred, subject to applicable law.
You can download the Return form and instructions here.
If your return has been accepted, we will refund you the price you have actually paid for the items less any applicable shipping costs (as per the above) by crediting your payment card fifteen (15) calendar days after the date of receipt of the delivery.
Please note that TE3 will only process returns and refunds for items bought in this Online Shop.
11. Warranties and Statutory Rights
TE3 limited manufacturer’s warranty offered for Products will be included in the user guide or included in the Product’s packaging or made available otherwise to you. For more information please see details of the applicable TE3 warranty.
There are no other warranties, conditions, or other terms that are binding on us. Any warranty, condition or other term concerning the transaction which might be implied by statute, common law or laws applicable in the country where you bought the ordered items (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby excluded to the maximum extent permitted by law. In particular, we will not be responsible for ensuring that the ordered items are suitable for your purposes.
For other than TE3 Products (even if they are contained in Product bundles or promotions), all warranty claims are to be made in accordance with the warranty terms and conditions of the manufacturer.
If you believe that you are entitled to repair services under the TE3 limited manufacturer’s warranty or based on your statutory rights, please use the Service Request to send in your product to be serviced.
12. Personal Data
13. Our Liability
These Sales Terms set out the full extent of our obligations and liabilities in respect of the Products. To the extent permitted by applicable law, there are no other warranties, conditions or other terms that are binding on us than the ones mentioned in these Sales Terms. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
We shall not be liable whether in contract, tort or otherwise for any economic losses (including without limitation loss of income, loss of profits, loss of contracts, business or anticipated savings), loss of data, loss of goodwill or reputation or for any special, indirect, consequential or punitive loss or damage of any kind howsoever arising. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
If any provision or provisions of these Sales Terms shall be held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
15. Contact details
16. Governing law
These Sales Terms shall be governed and construed in accordance with laws of Finland.
Payment Service Provider
Paytrail Plc acts as a collecting payment service provider and is an authorized Payment Institution. Paytrail Plc will be shown as the recipient on your bank or credit card statement. Paytrail Plc will forward the payment to the merchant. For reclamations, please contact the website the payment was made to.
Phone: +358 207 181 830
Business ID 2122839-7
17. TE3 Movement Quality License
TE3 Oy has achieved expert leadership in its own market. The company aims to maintain leadership through determined development and scalable services. The purpose of this license is to transfer this acquired know-how to customers for use in their personal, operational, and business operations.
This agreement describes the service and content package of the TE3 Movement Quality license. The agreement is classified as a service agreement by which a company can acquire TE3 products and services and utilize them in its own service offering.
The TE3 License is a low-cost acquisition model that facilitates the deployment, use and management of equipment through a pre-defined lifecycle and standardized process. In addition, this service concept helps companies and professionals in the field, e.g. in customer acquisition, sales, customer profiling, results tracking and engagement. These facilitate e.g. also in standardizing equipment and operations, as well as cost savings and cost monitoring. The license is personal and may not be transferred or shared with the other party (ies).
Content of licensed products and services
TE3 Mobility Stick
Unlimited access to the TE3 Pro application
Unlimited access to the TE3 Movement Quality training materials
Unlimited access to TE3 marketing materials
Service and warranty
The parties to this Agreement are:
TE3 Oy, FI 2765284-2
Kuortaneenkatu 2, 00510 Helsinki
As well as the party who placed the order, (hereinafter referred to as the “Customer”). Customer information can be found in the order confirmation.
In addition, the Rightsholder and the Customer may each be referred to separately as the Party below and both together as the Parties.
The parties operate legally and financially independently. The Customer has no right to represent the Rightsholder or enter into agreements binding on the Rightsholder.
Both parties commit to comply with local laws, norms and good business practices in their respective activities. In all their activities, the Parties shall use their best endeavors to protect the rights, trademarks and intellectual property rights of the Rightsholder and to maintain the reputation of the Rightsholder.
RIGHTS, OBLIGATIONS AND PROTECTION PERMITTED BY THE LICENSE
Under this agreement, the Rightsholder grants the Customer the right to use the term Certified TE3 Movement Quality Trainer and/or organization under the following conditions:
Valid TE3 Movement Quality License
The Customer must have a valid TE3 Movement Quality license. The license is valid if the Customer has passed the TE3 license exam, paid his license fee on time and otherwise complied with the TE3 License Agreement. The license is always user-specific. The license will have a designated user. The designated user is identified by an email address in various systems such as the TE3 Application. One license may not be used by more than one person.
If the Customer doesn’t have a valid license, he is not entitled to use the Rightsholder’s products, services, trademarks, training materials, intellectual property, marketing materials, references or anything else covered by the license agreement and / or other rights owned by the Rightsholder. Nor may the Customer advertise, market or claim to be or have been a TE3 certified trainer and / or trained, under any circumstances.
Training and knowledge sharing
The Customer is not permitted under any circumstances, to train TE3 Movement Quality license completely or partially. The Customer has no right to give the products, services, brands, training materials, intellectual property, marketing materials, references, or any other, which is included to a license agreement to a third party.
The Customer shall not have the right to register the Rightsholder’s trademarks or related logos, logos or other marks in its own names, or to incorporate words related to them into its own business name without the written consent of the Rightsholder. The Customer also doesn’t have the right to create online or social media IDs or other digital communications IDs / accounts that include the name of the Rightsholder or its trademarks. If the Customer notices such cases of misuse, he must immediately notify the Rightsholder.
All Rightsholder material referenced in this Agreement or its references is the property of the Rightsholder. The same applies to all transferable intangible rights.
Rights and responsibilities
The Rightsholder commits to develop the products and services related to the content of the license to the best of their professional skills. Continuous development will be continued e.g. in the areas of product usability, training, marketing materials, and data and customer management. The Rightsholder monitors the proper use of the material justified by the agreement and investigates possible cases of misuse. The Rightsholder has the right to use the Customer as a reference and to distribute and use the marketing materials produced by the Customer in its own marketing, insofar as it relates to the content of the Rightsholder’s license.
The Customer’s rights and obligations relate to the utilization of the know-how acquired through the license to the development of his own professional skills and operational and business activities. Customer agrees to retain all license materials so that they are for Customer’s use only and are not accessible to third parties.
DESCRIPTION OF THE CONTENTS OF THE LICENSE
The latest product and service descriptions and contents can be found at www.te3mobility.com
TE3 Mobility Stick
After the license agreement takes effect, the Rightsholder will send the TE3 Mobility Stick to the Customer to the package collection point or, if possible, to the door. Ownership of the product remains with the Rightsholder and must be returned to the Rightsholder upon termination of the Agreement.
TE3 Pro Application
The Customer is entitled to all the features of the TE3 Pro application without extra charge. When paying for the license agreement, the Customer provides the e-mail address at which he wants to use the license. If the Customer doesn’t pay the license fee, the Rightsholder has the right to lock the application immediately after the payment is due.
TE3 Movement Quality Training material
The Customer has 24/7 access to the license training materials. Training materials are actively updated so that the Customer always has the latest information. The IDs and the location of the training material will be announced electronically after the license takes effect.
TE3 Marketing material
The Customer has 24/7 access to the marketing material bank. Materials are updated and more actively produced so that the Customer always has the latest, tested materials at their disposal. The IDs and the location of the material will be announced electronically after the license takes effect.
License holders always have the privilege of customer support as well as the Rightsholder’s customer portals such as Facebook TE3 Team. Support is available from a variety of sources. IDs and contact information will be provided electronically after the license takes effect.
If something goes wrong with the device, the Customer is entitled to have the defective product replaced. The Customer can place a service order via TE3 Oy’s website under Contact us. We will provide the Customer with return instructions to return the damaged device back to the factory. When a damaged device is returned, we will send the customer a working device to replace it.
The Customer packs the device in its original packaging, protects the product and returns it according to the return instructions. The Customer is responsible for any transport damage if the device is not packed in accordance with the instructions.
Environmentally friendly recycling
The recycling service provides the Customer with the required recycling and disposal of end-of-life equipment.
The devices include an extension of the device manufacturer’s warranty during the contract period of the device. For more information about the warranty and its coverage, see Delivery and other general terms and conditions.
INTRODUCTION OF THE SERVICES
TE3 Oy’s products and services can be ordered at www.te3mobility.com.
By accepting the order, the Customer accepts the delivery, license fees, service description, order conditions and delivery and other general terms. The Customer is responsible for monitoring and terminating the license agreement period and for any changes in contact persons.
We deliver the equipment and services according to the Customer’s order to the delivery address provided in connection with the order.
Start time of the service
The license takes effect as soon as the Customer has accepted TE3 Oy’s order and is valid for the period agreed in the order confirmation, after which one month’s notice.
This license agreement is classified as a service agreement and has a 14-day right of cancellation. The cancellation period is calculated starting from the accepted order. If the Customer cancels the order, the contract will be processed on the same terms as the expired contract.
Covered by the license
The TE3 Mobility Stick included in the license can be returned after the initial fixed-term contract period or the contract is automatically renewed with one month’s notice. During the contract period, the ownership of the TE3 Mobility Stick will be transferred to the Customer for 12 consecutive months.
License fees are automatically billed monthly. The invoicing date is determined by the effective date of the agreement. Billing may take a few days, depending on your payment method and bank.
The valid price of the license can be found at www.te3mobility.com and is confirmed in the Order Confirmation.
Termination of the Agreement
The agreement must be terminated in writing by emailing email@example.com. Upon termination of this Agreement, Customer’s rights in all materials contained in the License and Agreements will terminate. The Rightsholder’s material and other property must be delivered to the Rightsholder at the Customer’s expense. Under no circumstances will the Customer have the right to seize or copy the materials. After the termination of the agreement, the Customer is no longer entitled to use in any of his activities the mention that he is or has been a TE3 Movement Quality Trainer. You may not use the Rightsholder’s training and marketing materials, references, studies, case studies, or anything that refers to the Rightsholder’s materials, license, intangibles, copyrighted materials, trademarks, or other materials or services owned by the Rightsholder.
PROHIBITION OF ENTICEMENT
Customer agrees not to, directly or indirectly, during the term of this Agreement or within six (6) months of the termination of this Agreement, without the prior written consent of the Rightsholder
(a) attract or assist any third party to attract customers or principals of the Rightsholder or Group Companies and / or their potential customers or principals
(b) attract, hire or employ or assist any third party to attract, hire or employ representatives, employees, consultants or agents of the Rightsholder or the Group Companies; or
(c) take any action that may damage the relationship of the Rightsholder or the Group Companies with any customer or principal and / or potential customer or principal.
GOVERNING LAW & RESOLUTION OF DISPUTES
If the Rightsholder notices a breach of contract and the Customer fails to remedy the breach despite the requests, the Rights Holder has the right to initiate immediate action. This can be, for example, locking the license, charging additional fees, collection of payments or challenging the contract.
The Parties shall exercise their best efforts to resolve by negotiation any dispute, controversy or difference between them arising out or relating to this Agreement.
This Agreement shall be governed by the laws of Finland, excluding its provisions related to conflicts of laws. Disputes arising in connection with or as a result of this Agreement, and which are not resolved by mutual Agreement, shall be finally settled by arbitration held in Helsinki, Finland. The arbitrator is to be appointed by the Arbitration Committee of the Central Chamber of Commerce of Finland and the rules of the said Committee are to be followed in the arbitration. The award shall be final and binding and enforceable in any court of competent jurisdiction.
Terms of delivery and other general terms and conditions www.te3mobility.com
DO YOU NEED HELP?
Detailed license description, FAQ, Guides and other material can be found at www.te3mobility.com
If you have any questions about ordering, please contact firstname.lastname@example.org
©TE3 Oy, All rights reserved