Terms & conditions
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Introduction
The following terms and conditions apply to your purchase of Iomega products. By placing your order, you agree to be bound by these terms and conditions, which constitute the entire agreement between you and us regarding the products purchased. In these terms and conditions, "we" and "us" means Modus Media International, B.V., a Dutch company with its registered office at Apeldoorn Solution Center, Laan van de Leeuw 4, 7324 BD Apeldoorn, P.O. Box 501, 7300AM Apeldoorn, The Netherlands, and "you" means you the customer. For the avoidance of doubt, no contract is formed between you and either Iomega International, S.A. or Iomega Corporation when you purchase products from us.
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Ordering
To place an order you must be 18 years of age or older. By placing an order you make an offer to purchase the products you have selected on these terms and conditions. Your order is subject to acceptance by us and may be refused for any reason, including credit concerns, unusual volumes, or shipping addresses. If we accept your order, we will notify you of our acceptance by issuing an order confirmation, which we will send to you by email and by post. The order confirmation will be effective upon sending.
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Pricing
The price for each product purchased is reflected on your order and will remain the price regardless of any subsequent price changes we make. In addition to the quoted price, you will pay shipping and handling charges according to the shipping method you select plus all applicable taxes and duties. |
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Taxes and Duties
For purposes of calculating value-added tax, the ship-to location shall govern. You are responsible for any customs duties or other fees payable upon import of the products into your country. Because these duties and fees can vary and change over time, we recommend that you check on such duties or other fees before placing your order. Should you refuse delivery of the products, you will be responsible for the return freight charges to us.
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Cancellation
Orders may not be cancelled for items available for immediate shipment. Items on backorder may be cancelled up to the actual shipment date, which may differ from our estimated shipment date.
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Payment
Payment in full is due prior to shipment. We will accept payment via credit card, postal cheque or bank transfer. You must supply your credit card details when you place your order. Your card will not be charged until we ship products to you.
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Shipping
We will ship products according to your selected shipping instructions. We will attempt to ship the products within the estimated times reflected on the order confirmation but will not be liable for any failure to do so. If we learn that we cannot ship within the estimated times, you will be advised by email or post of the new estimated ship date. For items on backorder we may ship whenever the products become available without notice to you.
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Title
Except for software products, which are licensed, not sold, title to all products passes to you upon delivery of the product to the selected carrier.
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Money back guarantee
We offer a limited 7-day money back guarantee on all products purchased through Europe. However, you may not return a software product to us under this guarantee, unless the software product concerned is still sealed within its original, unbroken, shrink-wrapping. Should you wish to return a product for any reason, you must contact Customer Service before the end of the 7th calendar day following shipment of the product to you to receive a Return Material Authorization (RMA) number. We do not accept returns without an RMA. Under the money back guarantee, refund of the price paid shall be done within 30 days of the RMA date. Special terms for customers established in Germany only: Notwithstanding the foregoing, you have a 14-day money back guarantee from the delivery of the product, pursuant to Section 312 BGB. You will be responsible of shipping charges to return products to us only if the product is below forty Euro. You are responsible for shipping charges to return the product to us.
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Returns
After the 7-day period you may only return the product pursuant to Iomega's limited warranty terms. All returns must be in the original packaging and contain all items provided with the product. You are responsible for shipping charges and insurance to return items.
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Territory
Iomega Europe will only deliver products within Europe. Due to political or economic conditions, we may be unable to ship to certain countries from time to time. We are not liable for any such inability to ship to certain countries.
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Limited Warranty
All Iomega hardware products come with a limited warranty the terms of which are incorporated into these terms and conditions by reference. The warranty is included with the product and you may read a copy by clicking here. This warranty does not cover software. You should refer to the relevant software license for the warranty which applies to your software product.
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Software License
All software products are licensed to you on the terms and conditions on the applicable license agreements. These license agreements are provided with the software.
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Limitation of Remedies and Liability
To the fullest extent permitted by applicable law, the remedies provided here are your sole and exclusive remedies for breach of this agreement by us. In no event will we, Iomega International, S.A. or Iomega Corporation be liable to you for any damages, including incidental, consequential, special or indirect damages. In no event will our liability to you ever exceed the total amount paid by you for the product purchased.
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Export Control
You agree to comply with all export control laws. You agree not to export any product to any country in violation of any export control law without first obtaining any necessary license or approval. You warrant that you are not located in, under the control of, or a national or resident or any country to which the export of the products is prohibited by applicable export control laws. |
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Force Majeure
We will not be liable for any loss or damage suffered or incurred by you arising from our delay in fulfilling or failure to fulfill or otherwise discharge any of our obligations hereunder, to the extent that such delay or failure is caused by any circumstances beyond our reasonable control.
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Data protection
By placing your order, you agree that we may store, process and use personal data collected from your order form for the purposes of processing your order. By placing your order you also agree that we may transfer this personal data outside the European Economic Area to Iomega Corporation and its affiliates or companies acting on its behalf in order to provide you with information on other Iomega products and services that may be of interest to you. If you do not agree to such transfer of your personal data, please indicate so on the appropriate "opt-out" section of the order form. You may obtain a copy of the personal data held by us concerning you on your written request. We reserve the right to charge you an administration fee for processing such a request. If any personal data we hold concerning you is incorrect, we will correct it on your written request. If you would like to receive information on products and services from other companies which may be of interest to you, and consent to our transfer of your personal information to such third parties, please indicate so on the appropriate opt-in section of the order form.
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Governing Law and Jurisdiction
This agreement is governed by the laws of the Netherlands and any disputes which may arise in connection with this Agreement shall be submitted to the courts of the Netherlands.
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Additional Terms
We are not responsible for typographic errors. We reserve the right to change these terms and conditions or the prices charged at any time, so please check each time you purchase. |
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