TERMS & CONDITIONS
Durex.co.uk would like to provide you with the best experience possible, and a truly compelling reason to visit our site again. Therefore, in order to help us provide an optimal site and service, Durex has selected ModusLink Global Solutions to be it's official selling agent.
ModusLink is a trusted and integrated solutions & distribution provider to the world’s leading companies in consumer electronics, communications, computing, medical devices, software and retail. ModusLink operates in more than 25 sites across North America, Europe, and the Asia/Pacific region, meaning wherever you are in the World, you can still get Durex.
GENERAL TERMS AND CONDITION OF MODUSLINK B.V. ON BEHALF OF DUREX
These general terms and conditions of ModusLink B.V. apply to all offers, sales and purchases of products which are sold, through the website on which we post these general terms and conditions, by us ModusLink B.V. to you, the consumer and apply to any distance contract entered into by ModusLink B.V. and the consumer, If you do not agree to the general terms and conditions, do not use this website or submit any orders in connection with this website.
Article 1. Identity of the operator
Wapenrustlaan 11– 31
7321 DL Apeldoorn
Tel: +31 (0)55 543 4422
Fax: +31 (0)55 543 4444
E-mail address: email@example.com
VAT identification number: NL800610040B01
Registered with the Chamber of Commerce file number: 08055138
As you are purchasing Durex products for which ModusLink acts as its selling agent, your credit card statement will indicate a purchase from ModusLink for (Durex).
Article 2. Definitions
In these General Terms and Conditions the following expressions shall have the following meanings:
1. Operator: means ModusLink B.V. (the legal person which provides distance marketing of consumer products and/or services);
2. Consumer: means the natural person not acting in the exercise of profession or business, and who enters into a contract with the operator;
3. Means of distance communication: means a medium which can be used to enter into an agreement, without physical proximity in the same room of the consumer and the operator, such as (but not limited to) by fax, telephone and internet;
4. Contract: means a contract in which, up to the conclusion of the contract, exclusive use is made of one or more means of distance communication in the system organized by the vendor or service provider (operator) for distance sale of products and/or services;
5. Right of withdrawal: means the option for the consumer to withdraw from the concluded contract within the cooling-off period as set forth in Article 6;
6. Day: means calendar day;
7. Data storage medium: any means that allow the consumer or operator to store all information which is directed to him/her personally, in such a way that allows for future consultation and unaltered reproduction of that information.
Article 3. Applicability
1. These general terms and conditions apply to any contract entered into by the operator and the consumer and to all offers, sales and purchases of products which are sold, through the website on which we post these general terms and conditions.
2. Before concluding a contract, the operator makes the text of these general terms and conditions available to the consumer. The text of these general terms and conditions will be supplied to the consumer electronically, in such a way that the consumer can easily store it on a sustainable data storage medium. If this is not possible, before concluding the contract it will be specified where the general terms and conditions can be viewed electronically and that they will be delivered upon request from the consumer, either via electronic means or otherwise.
3. If, in addition to these general terms and conditions, certain product or service conditions apply, the second paragraph of this Article 3 shall apply accordingly, and in the event of contradictory (general) conditions, the consumer may always appeal to the applicable provision most favourable to him/her.
Article 4. The offer
1. The operator shall explicitly state whether an offer is of limited duration, or whether certain other conditions apply.
2. The offer contains a complete, accurate and detailed description of the products provided, to enable the consumer to judge the product adequately. If pictures are used with the offer, they are to be real pictures of the products provided. Obvious mistakes or errors in the offer which are or should be immediately clear to the consumer as mistakes or errors, do not bind the operator towards the consumer.
3. In each offer, the operator clearly indicates what the rights and duties of the consumer are when the offer is accepted. Important therein are:
a) the price including taxes;
b) if applicable, the delivery costs;
c) the negotiation procedure of the contract and how the consumer may establish these negotiations;
d) delivery, payment or execution procedure of the contract;
e) the manner in which the consumer may seek information about actions he/she does not desire prior to concluding the contract, as well as the way he may correct these actions prior to conclusion of the contract;
f) possible languages, including Dutch, in which the contract shall be entered into;
g) the codes of conduct to which the operator has submitted and the manner in which the consumer can consult the codes of conduct via electronic means, and
h) whether or not the right of withdrawal applies;
i) if the contract is filed after conclusion, how the consumer can consult it;
j) the price of distance communication if the costs for using the technology for distance communication are calculated on a basis other than that of the service charge;
k) the acceptance period of the offer, or the period for which the price will be honored.
Article 5. The contract
1. The contract becomes valid the moment the consumer accepts the offer and meets the terms and conditions, with due regard for the stipulations in paragraph 6 of this article.
2. The consumer accepts the offer via electronic means and the operator shall immediately confirm the receipt of the acceptance of the offer by electronic means. Up to the moment the receipt of said acceptance has not been confirmed by the operator, the consumer may repudiate the contract.
3. The operator must take appropriate technical and organizational security measures for the electronic data transfer. The operator shall take appropriate security measures into account if the consumer is given the option to pay electronically. In this context, the operator shall ensure a secure web environment.
4. The operator shall send the following information along with the product or service, in writing or in such a way that it can be stored on a sustainable data storage medium by the consumer in an accessible manner:
a) the visiting address of the business establishment of the operator where the consumer may go with any complaints (including the contact details for consumer support);
b) the conditions for termination of the contract if the contract has a duration of more than 1 (in words: one) year or is indefinite;
c) the information as stated in article 4, paragraph 3, unless the operator already provided this information to the consumer before the execution of the contract;
d) the information with respect to after-sales services regarding the products and guarantees;
e) the conditions under which, and the manner in which the consumer may avail of the right of withdrawal, or a clear notification with regards the exclusion from the right of withdrawal.
5. If the operator has undertaken to deliver a series of products, the provisions of paragraph 4 of this article apply to the first delivery to the consumer only.
6. The operator may (within the limits of the applicable laws) gather information about the ability of the consumer to fulfill his commitments under the envisaged contract, as well as all other facts and factors relevant for the performance of the consumer’s obligation under the envisaged contract. If the operator, acting on the basis of the results of such investigation, has sound reasons not to enter into the agreement, he is lawfully entitled to refuse an order or request, or to include special terms for its execution.
Article 6. Right of withdrawal
1. When purchasing products, the consumer has the right to repudiate the contract without specifying any reasons, for a period of 14 (in words: fourteen) calendar days, starting the day of receipt of the product, purchased by or on behalf of the consumer.
2. In the event the consumer wishes to avail of the right of withdrawal, he or she may only unpack or use the product to the extent necessary to judge whether or not he or she wishes to keep the product. During this period, the consumer shall treat the product and packaging material carefully. The consumer shall return the product with all delivered accessories and, as far as possible, in the original condition and packaging, in accordance with the reasonable and clear instructions indicated by the operator.
Article 7. Costs in the event of withdrawal
1. In the event the consumer avails of his right of withdrawal, the maximum he or she shall be charged is the amount equal to the returning costs.
2. In the event the consumer has made a payment, the operator shall return this amount as quickly as possible, no later than 30 (in words: thirty) calendar days after the return or withdrawal.
Article 8. Exclusion from the right of withdrawal
1. The right of withdrawal may only be excluded by an operator if the operator has clearly indicated this in the offer and in good time before commencing the contract.
2. Exclusion of the right of withdrawal is only possible for products:
a. which are time sensitive and are subject to deterioration;
b. which cannot be returned due to their nature;
c. for audio and video recordings and computer software of which the consumer has broken the seal;
d. for newspapers and magazines;
e. that were made by the operator in accordance to the specifications of the consumer;
f. which prices are subject to fluctuations in the financial market and are as such out of the control of the operator;
g. which are obviously of a personal nature;
Article 9. The price
1. All prices of the offered products or services shall include VAT. Under no circumstances are hidden costs permitted, such as VAT or other taxes, packaging or delivery charges. Where these costs apply, they are to be indicated clearly with the offer.
2. The prices of the products and/or services provided shall not be raised during the validity period stated in the offer, subject to changes in price due to changes in VAT rates.
3. With products or services whose prices are subject to fluctuations in the financial market that are out of the control of the operator, the operator may, contrary to the previous paragraph, offer products/services at variable prices, provided the operator clearly indicates with the offer that prices may vary and that the prices indicated are target prices.
4. Price increases within 3 (in words: three) months after the conclusion of the contract are not permitted unless they are the result of statutory schemes or provisions.
5. Price increases after 3 (in words: three) months after the conclusion of the contract are not permitted unless the operator has negotiated this and (i) they are the result of statutory schemes or provisions, or (ii) the consumer has the option to terminate the contract as of the moment of the price increase.
Article 10. Conformity and Guarantee
1. The operator guarantees that the products comply with the contract, the specifications listed in the offer, the reasonable requirements of usability and/or reliability, and the existing provisions of the applicable laws and/or government regulations on the date the contract was entered into.
2. A guarantee arrangement provided by the operator, manufacturer or importer of the products cannot limit or set aside the rights and claims a consumer has by virtue of the applicable law and/or the contract regarding any shortcoming of the operator in the fulfillment of its obligations under the contract toward the consumer.
Article 11. Delivery and execution
1. When receiving and when executing product orders, the operator shall execute these tasks with due diligence.
2. The operator acknowledges electronic communication and shall not deny its validity or legal effects for the sole reason that the communication happens electronically.
3. If delivery of an ordered product turns out to be permanently impossible, the operator shall make an effort to offer an equivalent replacement product. At the latest at the delivery of the replacement product, the operator shall report in a clear and comprehensible manner to the consumer that a replacement product will be or has been delivered. With replacement products, the right of withdrawal cannot be excluded and the consumer is free to repudiate the contract, in which case any possible costs for return shipment shall be borne by the operator.
4. Unless explicitly agreed otherwise, the risk of loss and/or damage to products shall remain with the operator until the moment of delivery to the consumer.
5. The address provided by the consumer to the operator shall be the place of delivery of the products.
6. The operator shall, considering the stipulations in Article 4, execute accepted orders with convenient speed, within 30 (in words: thirty) days, unless a longer delivery period was agreed. In the event of delay in delivery, or if an order cannot be delivered or only partially be executed, the consumer shall be informed of this no later than one month after ordering. In such cases, the consumer is entitled to repudiate the contract free of charge and a right to possible compensation.
7. In the event of repudiation under paragraph 6 of this article, the operator shall return the payment made by the consumer as quickly as possible, no later than 30 (in words: thirty) days after repudiation.
Article 12. Payment
1. The amounts owed by the consumer are to be paid directly after ordering the product(s). The operator accepts payment by most general accepted credit cards. The operator takes no extra charges associated with these payment transactions.
2. To ensure the security of your credit card information the operator uses the Secure Socket Layer (“SSL”) technology, an extremely high level of security for Web-secured applications. SSL is currently the preferred method to securely transfer credit card and other sensitive data over the internet.
3. In the event of non-payment or default of payment on the part of the consumer, the operator may, unless lawful restrictions apply, charge any reasonable costs incurred to the consumer, provided that the consumer was informed of this beforehand.
4. The consumer is to inform the operator immediately of possible inaccuracies in the payment details provided or stated.
Article 13. Privacy Statement
The Operator is committed to protect the privacy of the consumer and has taken measures to ensure that information which is obtained from the consumer will be secure and confidential.
2. Collection and use of information
The information the operator requires when the consumer orders a product includes the consumer’s name, email address, residing details and payment information (including but not limited to credit card number and expiration date of the credit card). This information enables the operator to complete and process the order of the consumer pursuant to the contract and/or keeps the consumer updated on the status of the order. The consumer may “opt” out of providing such information, but the consumer must recognize that by doing so, the operator will not be able to process the order of the consumer. The operator may also provide the information set forth above (excluding the payment information) gathered from the consumer to the provider of the products or services purchased on this web-site in the form of various reports used to monitor usage of the web-site, viewing and traffic patterns, and other consumer behaviors.
3. Protection of information
The operator strives to ensure that every online communication with the consumer meets the operator’s high standards of privacy and security by using a secure server with software that encrypts all of the consumer’s confidential information before he or she send it to the operator. In addition, the operator takes measures to protect all consumer data against unauthorized access.
4. Use of “cookies”
Cookies are small bites of information that are stored by the browser on the hard drive of a computer. The cookies which the operator uses, allows the operator to recognize each returning consumer and their relevant information so that the consumer does not need to input the same information more than once. The operator does not place any personally identifying confidential information in the consumer’s cookies. In addition, cookies are not used to access information entered on the secure server. This information can only be accessed when the consumer enter his or her name and order reference number.
5. Sharing of your personal information
As noted above under paragraph 2 of this article, the operator only shares consumer information obtained through its web-sites with the provider of the products or services purchased on this web-site in the form of various reports. The operator itself will not trade, sell or rent personal information of the consumer (such as name, address, phone number, or company name) to (other) parties without the consumer’s consent. The operator also protects the consumer’s privacy by limiting employee access to and use of this data. The operator may provide statistics to outside companies about the web-sites, consumer traffic and viewing patterns, including sales and related site information. However, such information is compiled into a statistical aggregate, which does not include any personally identifying information.
7. Release of information for legal reasons
The operator may release information concerning the consumer’s use of the website as required by law and when the operator believes in good faith that such release is appropriate to protect the operator’s rights and/or comply with a judicial proceeding, court order or legal process served on the operator or the website.
Article 14. Security
1. The operator is concerned with the security of the data which is collected and has reasonable measures in place to prevent unauthorized access to that information. These measures include policies, procedures and technical elements relating to data access controls. Such measures are reasonably designed to help protect the consumer’s personal information from loss, unauthorized access, disclosure, alteration or destruction. The operator may use encryption, secure socket layer, firewalls, physical lock and key, internal restrictions, password protection and other security measures to help prevent unauthorized access to consumer’s personal information. In addition, the operator uses standard security protocols and mechanisms to exchange the transmission of sensitive data.
2. In the event that consumer’s personal data is acquired, or is reasonably believed to have been acquired, by an unauthorized person and applicable laws require notification, the operator will notify the consumer of the breach. Notice will be given promptly, consistent with the legitimate needs of law enforcement and any measures necessary for the operator or law enforcement to determine the scope of the breach and to assure or restore the integrity of the data system. The operator may delay notification if the operator or a law enforcement agency determines that the notification will obstruct a criminal investigation, unless and until the operator or the law enforcement agency determines that notification will not compromise the criminal investigation.
Article 15 Additional conditions or deviations
Additional conditions or deviations from these general terms and conditions may not be to the prejudice of the consumer and must be put in writing or be recorded in such a way that they can be stored by the consumer in an accessible manner on a sustainable data storage medium.
Article 16 Governing law
1) Contracts between the operator and the consumer, to which these general terms and conditions apply, are strictly governed by the laws of the Netherlands.
2) If you are a consumer and you live outside The Netherlands you may be entitled to bring court proceedings in your own language and in your local courts, a local consumer advice organization will be able to advise you of your rights.