INTERNATIONAL INTERNET SALES CONDITIONS
1 BUSINESS TO CONSUMERS
1.1 In placing its order with IMERSION, Purchaser accepts all of the general conditions of sale as described herein, notwithstanding any proposed change in terms contained in its own purchasing documents.
By clicking on the "Accept" button at the bottom of these Terms and Conditions Purchaser agree to be legally bound by these Terms and Conditions.
1.2 The Website and our catalogues are designed to assist Purchaser in his ordering of IMERSION products ("the Products"). Our catalogues describe the Products in more detail, but IMERSION may make changes to the specification of the Products at any time.
1.3 IMERSION makes no warranty, express or implied that making the Products available in any particular jurisdiction outside FRANCE is permitted under any law or regulation. Accordingly, if making the Products available in Purchaser s jurisdiction or to Purchaser (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to Purchaser. Purchaser accepts that if Purchaser is resident outside FRANCE, Purchaser must satisfy himself that Purchaser is lawfully able to purchase the Products.
2 ORDERING PRODUCTS
2.1 All orders for Products will be deemed to be a contract under these Terms and Conditions in line with Directive 2000/31/CE ("the Contract").
2.2 No variation of these Terms and Conditions shall be binding unless agreed in writing between our authorized representatives and Purchaser. Our employees or agents are not authorized to make any representations concerning the Products unless confirmed by IMERSION in writing.
2.3 IMERSION prices are displayed on our Website. The price of any Product is the price in force at the date and time of Purchaser s order. IMERSION may change the price of any Product before Purchaser places an order. All prices are subject to the addition of Value Added Tax at the rate prevailing on the date of the invoice when applicable according to French law.
2.4 According to prevailing French law (Article L121-20 of the consumer code)
The consumer has seven clear days in which to exercise his right of withdrawal without giving a reason therefore or incurring a penalty, with the exception, where applicable, of the cost of returning the goods. The consumer may exceed this time limit in the event of him being unable to travel and simultaneously needing to call for an immediate service which is essential to his conditions of existence. In which case, he shall continue to exercise his right of withdrawal without giving a reason therefore or incurring a penalty.
The time limit indicated in the preceding paragraph runs with effect from receipt of the goods or, for services, from acceptance of the offer. When the information referred to in Article L. 121-19 has not been provided, the time limit applicable to exercise of the right of withdrawal is increased to three months. If such information is provided within three months of receipt of the goods or acceptance of the offer, however, this shall activate the seven-day time limit referred to in the first paragraph. If the seven-day time limit expires on a Saturday, Sunday or public holiday, it is extended to the next working day.
2.5 Payments shall be made by credit card under a specific secured bank system of payment as detailed in the web site. Purchaser undertakes that all details Purchaser provides to IMERSION for the purpose of purchasing Products will be correct. IMERSION reserve the right to obtain validation of Purchaser s credit, debit or purchasing card details before providing Purchaser with any Products.
2.6 Purchaser is responsible for complying with any legislation or regulations governing the import and export of the Products into the country of destination and/or the payment of any applicable duties.
2.7 Coupons :
Coupons can be issued for promotional purposes.
Find the items you want on the site & enter the coupon code during checkout. There will be a place for you to enter coupon code number. Write down the Coupon Code exactly as it's written.
Check your order totals to be sure you actually got the discount! If not send a message to firstname.lastname@example.org
Validity date: The coupon can only be used once and within the validity date.
Coupon code #: Coupon number is unique and must be reproduced in box during check out exactly as it s written.
Discount: Discount is applied on any item within the limit of the amount specified on the coupon.
Amount: Amount is the maximum amount of purchases among which the discount is applied. If the order is higher than the amount of the coupon, the difference between the coupon amount and the total ordered will be charged on a normal basis.
3 RETURNS & REFUNDS
3.1 No goods can be accepted for return without prior agreement and/or within the conditions of the French law.
3.2 Returned goods may be subject to a handling charge at Purchaser s expense.
3.3 Any claim by Purchaser which is based on any defect in the quality or condition of the Products or their failure to correspond with specification should be notified to IMERSION within 7 working days of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure.
Accepted reasons for refunds are:
You have received the wrong product
The size of product received is not what was ordered
The product is faulty
The product was damaged in shipment
As returns can only be performed after receipt by the Purchaser of a Return Authorization Number you must first contact us at email@example.com to explain the situation and receive your RAN#
Imersion will pay the expenses for the return of the product and for sending it back to Purchaser.
The product will be changed or repaired as soon as possible. The return address where you should send the Product will be sent to you together with the RAN#.
Make sure to return the product in the same package you received it or make sure the packaging is safe enough for the return.
WARNING: All costs incurred to Imersion due to not contacting us or for not waiting for the Return Authorization Number (RAN#) or not attaching all documents requested for returning will be deducted from the amount due by Imersion to the Purchaser. Imersion will not pay for any cost incurred to the Purchaser because of these reasons. If delivery is not refused, and Purchaser do not notify IMERSION accordingly, Purchaser will not be entitled to reject the Products and IMERSION shall have no liability for such defect or failure, and Purchaser will be bound to pay the price as if the Products had been delivered in accordance with the Contract.
4.1 Delivery of the Products shall be made by IMERSION delivering the Products to Purchaser s address. Risk of damage, breakage or loss of the Products shall pass to Purchaser on delivery. This site being dedicated to online sales, the shipping is performed by Federal Express from our warehouse in France for which the delay in delivery is usually 3 days and by Colissimo International (Post Office) for which the delay in delivery is between 7 to 15 days depending on custom clearance.
4.2 Any dates quoted for delivery of the Products are approximate as something can happen during the delivery, out of our control for example: the weather, an accident, etc. IMERSION shall not be liable for any delay in delivery of the Products howsoever caused. You will automatically be informed by email when your order has left our warehouse and you will be given a tracking number.
4.3 Shipping costs:
The freight charges are shown online while consulting the shopping cart. By clicking the shopping cart button located next to the price, you add the item in the shopping cart which automatically generates a shipping cost that will be confirmed while processing the checkout phase. Go to the top right corner of the page and click on shopping cart the number of items you have selected are shown just below it while opening the page the weight and cost of freight appears below the items that are in the shopping cart.
some major products such as fins or spearguns are associated to products (A.P. s). Such products are discounted and usually directly concerned by the major product. When the product is selected you are sent directly to the shopping cart where the A.P. s are displayed underneath. Depending on the product selected, adding A.P. s will not increase the shipping charges. Several major products can be selected in your shopping cart. To have the full list of associated products linked to the selected products just press the button SHOW ALL A.P. s and the list will appear under your selection.
Under normal circumstances, most orders ship out within 24-48 hours. However, due to large order volumes, weather conditions or circumstances beyond our control, we will ship your order out as soon as possible.
We do not ship orders on Saturday or Sunday. Any order placed on Saturday, Sunday or a national holiday will be shipped on the next business day. For your safety someone has to be at home to receive the parcel. If this is not possible it is convenient to give us your work address or a friend/relative's address, don't forget to warn this person about the shipping. All the fields including telephone number required in the process of purchase have to be filled out with the recipient s details.
4.4 IMERSION reserve the right from time to time to set costs for delivery or insurance charges, as indicated on the web site price list.
4.5 If IMERSION fail to deliver the Products for any reason other than any cause beyond its reasonable control or Purchaser s fault, and IMERSION are accordingly liable to Purchaser, our liability shall be limited to the excess (if any) of the cost to Purchaser (in the cheapest available market) of similar products to replace those not delivered, over the price of the Products.
5 WARRANTY AND LIABILITY
5.1 All descriptions, illustrations, sizes and specification within the catalogues and Website are given as a guide only and Products will not necessarily conform in absolute detail.
5.2 Goods are sold subject to title not passing until full payment has been received by IMERSION.
5.3 In relation to the purchase of Products, IMERSION accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable.
5.4 In circumstances where Purchaser suffer loss or damage arising out of or in connection with the viewing, use or performance of our Website or its contents, IMERSION accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on our part or on the part of our servants, agents or any other person.
5.5 If Purchaser is ordering on-line, Purchaser is responsible for ensuring that Purchaser s computer system meets all relevant technical specifications necessary to use our Website and is compatible with our Website. IMERSION do not guarantee or warrant that any material available for downloading from our Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. Purchaser is responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy Purchaser s particular requirements for the accuracy of data input and output.
5.6 Subject as expressly provided in these Terms and Conditions and under French Law, all warranties, representations, endorsement, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
5.7 IMERSION shall not be liable to Purchaser or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Products, if the delay or failure was due to any cause beyond its reasonable control including (but without limitation) strikes, lockouts or other industrial actions or trade disputes.
If you have any warranty problem, all you would need to do is contact us at warranty@Imersion.us and you will be contacted on how to return the item to us, to be repaired or replaced. IMERSION guarantees, to the original purchaser only, that IMERSION products purchased online will be free of defects in material or workmanship under normal use.
The IMERSION product warranty for each piece of equipment is limited to a period of 1 year from the date of consumer s purchase of the product unless otherwise specified. This date must be verified by a valid sales document (sales receipt).
Warranty claims are only accepted upon return of the defective complete product accompanied by a valid sales document showing the date of purchase.
IMERSION reserves the right to refuse free service if the required documentation cannot be provided or if information is incomplete, illegible, or incorrect.
Warranty claims have to be submitted within one month from detection to the following email address warranty@Imersion.us with a short explanation of the problem together with the identification number of the sales receipt.
If the Product had been purchased within the warranty period, as evidenced by the documentation requested above, and proves to be defective for any reason (other than those listed in the limitations) IMERSION will repair or replace the product at its own discretion at no charge and the RETURN procedure will then apply.
IMERSION reserves the right to replace the claimed product with a similar product of comparable value in case of unavailability of the defect product. All parts of the product or the product that IMERSION has replaced shall become the property of IMERSION.
Any repaired or replaced product (or part) does not extend the original warranty beyond the period of 1 year from original date of purchase.
If the product is found not to be covered by the terms and conditions of this Limited Warranty, IMERSION reserves the right to charge a handling fee.
5.8 Defects not covered by the Imersion warranty program
Only defects or damages resulting from a failure in material or workmanship are covered by the IMERSION Warranty program. Other defects or damages, in particular those listed below, are not covered by our warranty:
• Defects or damage caused by normal use and wear
• Defects or damage caused by heavy, unusual, or incorrect use, or use under abnormal conditions (blows, jerks, falls, bumps, etc.)
• Defects or damages caused by lack of or incorrect maintenance or through negligence
• Defects or damages known or evident at the time of purchase of the Product
• Scratches or damage to the plastic surfaces, metal surfaces, and all other external areas due to normal use of the product
• Defects or damages caused by cleaning materials or other substances containing aggressive chemicals (solvents, surfactants, aggressive cleansers, etc.)
• Defects or damages resulting from alterations and changes made to the products without authorization
• Defects or damages caused by improper assembly of the components
• Defects or damages caused by failure to follow product instructions in the user s manual
• Defects or damages caused by exposing the product to excessive temperatures, fire, or prolonged exposure to sunlight. All components subject to normal wear and tear (O-Rings, filters, diaphragms, light bulbs, batteries, rubber parts, silicone parts, latex, neoprene, zippers, etc.) are not covered by the warranty unless it can be shown that the problem is a manufacturing defect.
5.9 Limitation of liability
IMERSION shall not be liable for any injury or damage that may, directly or indirectly, occur to persons, things, or animals resulting from the use of this product. IMERSION shall not be liable for damage resulting from the failure to observe the full content of the instruction manual especially instructions concerning the use and maintenance of the product.
IMERSION will not be held responsible for any agreements written or oral except of those that are a part of this warranty statement.
IMERSION entire liability shall be limited to repair or replacement of the product at Imersion option.
IMERSION will not pay any compensation for any inconveniences which might be caused by the inability to use the product or for any potential expenses incurred while the product is being repaired or replaced.
6.1 IMERSION may alter these Terms and Conditions from time to time and make the new version available on our Website and/or by other means.
6.2 These Terms and Conditions any order form and payment etc., method instructions, if any, are the whole agreement between Purchaser and IMERSION.
6.3 If any provision or term of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other Terms and Conditions and shall be deemed to be deleted from them.
6.4 These Terms and Conditions, Purchaser s use of our Website and any Contract formed by IMERSION are governed by FRENCH law and Purchaser submits to the non-exclusive jurisdiction of the FRENCH court.
6.5 Failure by either party to exercise any right or remedy under this Contract does not constitute a waiver of that right or remedy.
7.1 All notices shall be given to IMERSION by e-mail at the following address firstname.lastname@example.org
6.2 IMERSION has made reasonable efforts to ensure the accuracy, currency, completeness and electronic integrity of this site and the information published on it.
However, IMERSION does not accept liability for any loss of any kind incurred as a result of reliance on the information provided in this site or any other Website, which can be accessed by a link from this site, or the functioning of this site. The contents of this site are subject to change without notice.
IMERSION exclude to the fullest extent permitted by law all liability for any claims, penalties, losses, damages, costs or expenses arising from the use of, or inability to use, this site or from any unauthorized access to or alteration of the site.
This site is established in France and is directed to United States residents only.
FRENCH Laws governs these Terms and Conditions and Purchaser s use of this site. By accessing this site Purchaser agree to submit to the exclusive jurisdiction of the FRENCH Courts in relation to any claim or dispute arising out of or connected with Purchaser s use of the site.
This site may not be linked with another site without the express written consent of IMERSION. Users of this site are authorized only to view and download a single copy of the material for general information purposes and are reminded that this site's contents and constituent parts are protected by copyright, trademark and other laws.
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