Terms of Sale and Warranty (EU) - Pocketalk UK

Terms of Sale

Vendor Identity and Contact Information

These Terms of Sale are applied by Sourcenext B.V., a private limited company incorporated under the laws of the Netherlands with Chamber of Commerce registration number 73821950 ("Sourcenext").

Registered business address:
Keizersgracht 482
1017 EG
Amsterdam

If you wish to contact Sourcenext in respect of any purchase via the europe.pocketalk.net website, or any of the terms set out in these Terms of Sale, please contact us using the above address (post) or any of the following means of communication:

E-mail: eu-orders@pocketalk.net

These avenues of communication may be used validly for any instance wherein notice to Sourcenext is required under these Terms.

Applicability

These Terms of Sale apply to any agreement for the sale of any Pocketalk device or Accessory (collectively: the “Product”) concluded at distance by way of the europe.pocketalk.net website between Sourcenext and any consumer residing within the European Economic Area (EEA) and Switzerland ("you"). The Terms of Sale will be made available to you before conclusion of the contract.

Offer and Agreement

Any offer for the Product contains a complete and accurate description of the Product and digital content. Obvious errors within the terms of an offer are not binding upon Sourcenext.

An agreement for the sale of the Product (an “Agreement”) is concluded when You, via electronic means or otherwise, unequivocally accept the following:
1. Sourcenext’s offer to sell; and
2. these Terms of Sale.

Sourcenext shall confirm the Agreement as soon as possible via email to the email address provided by you.

Price and Payment

Any price displayed on the product page consists of the full sale price of the product, inclusive of value added tax or sales tax but exclusive of shipping cost and import duties (where applicable). Sourcenext shall clearly state all applicable shipping costs before conclusion of the Agreement. However, you carry sole responsibility for determining whether, and to what extent, import duties may apply to the Agreement (as well as the payment thereof).

Unless stated otherwise as part of the product offer, all payments are due 14 days from the first day of the withdrawal period, or 14 days from the conclusion of the Agreement if the withdrawal period does not apply (see “Right of Withdrawal”).

Delivery

Sourcenext shall endeavour to ensure the delivery of all Products on or before the ‘expected delivery date’. However, this may not be possible in all circumstances. Thus, the ‘expected delivery date’ is non-binding, and no rights can be derived from it.

If the Product is not delivered within 30 days, you may legally dissolve the Agreement by giving notice thereof to Sourcenext via any of the means of communications stated under “Vendor Identity”, above.

Sourcenext warrants that the Product conforms to its stated description (with the exception of obvious errors) on the europe.pocketalk.net website, and that it shall be free from any material defects in accordance with our warranty. Please see "Limited Warranty" (below) for more information.

Payment Methods

The following are the payment methods which we offer on our website:
Visa / Mastercard / American Express / Maestro / Ideal / Bancontact / Paypal

Visa Master American express Maestro Ideal Bancontact Paypal

Right of Withdrawal

As per art. 9 of Directive 2011/83/EU and/or national implementation legislation thereof, you have the right to withdraw from any Agreement within 14 days, starting on the day after you (or a third party nominated by you to receive the Product) takes physical possession of the Product ("Withdrawal").

Withdrawal must be communicated to Sourcenext via an unequivocal notice thereof, delivered via any of the means of communications listed under “Vendor Identity and Contact Information”, above. A model Withdrawal Form is included below, though you are not obligated to use the form. You are not required to give any reason for Withdrawal.

The Product, including all accessories and contained within its original packaging, must be dispatched via post or courier (at your personal discretion) to Sourcenext within fourteen days of the notification of Withdrawal. All postage costs associated with returning the Product are payable by you.

The Customer is responsible for ensuring the Product is not damaged before it is returned to Sourcenext. If Sourcenext detects any damage (including cosmetic damage) to the Product upon its return that was not reasonably caused during transport, Sourcenext may refund an amount less than the purchase price to reflect the reduction in retail value.

Any refund payment due for Withdrawals shall be refunded via the same payment method as the original payment made through.

Complaints

Any complaints about the performance of the Agreement must be notified to Sourcenext within 30 days of you becoming aware of the alleged fault, defect or shortcoming.

Sourcenext shall respond to the complaint within 14 days of receipt, unless the complaint reasonably requires a longer period to deliver a full answer, in which case Sourcenext shall notify you within 14 days of the expected date of reply.

Applicable Law

These Terms, as well as any Agreement, are governed exclusively by the laws of the Netherlands. Any disputes arising thereunder that cannot be resolved amicably shall be submitted before the competent court in Amsterdam.

Limited Warranty

Introduction

Sourcenext warrants to the Original Purchaser (as defined below) that the Pocketalk Device and Included Accessories (collectively, the “Product”) shall be free from defects in materials and workmanship under normal use for a period of two (2) years from the date of purchase (the “Warranty Period”) for residents of the European Economic Area (EEA) and Switzerland.

Remedies

If such a defect arises and a RMA request is received by Sourcenext within the Warranty Period, Sourcenext will, at its sole discretion and to the extent permitted by law, either (1) repair the Product at no charge, using new or refurbished replacement parts or (2) replace the Product with a new or refurbished Product. In the event of such a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. This limited warranty is valid only in the jurisdictions where the Products are sold by Sourcenext itself or through its authorized reseller or agent and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, or for any additional period of time that may be required by applicable law.

Obtaining Warranty Services

To obtain warranty service, a RMA must be requested from Sourcenext’s Customer Service team. To request a RMA, please contact Customer Service here . The RMA must be included along with the Product, otherwise Sourcenext may reject the Product. You must deliver the Product, in either its original packaging, or packaging providing equivalent protection, to the address specified by Sourcenext. Sourcenext may require you to furnish proof of purchase details and/or comply with other requirements before receiving warranty service. For more specific instructions on how to obtain warranty service on your Product, visit the Sourcenext Product Help .

Exclusions And Limitations
  • Sourcenext does not warrant that the operation of the Product will be uninterrupted or error-free.
  • This limited warranty does not cover software embedded in any Product or any related services provided by Sourcenext. See the Sourcenext Terms of Service for details of your rights with respect to use of the software and related services.
  • This limited warranty applies only to the Original Purchaser. The “Original Purchaser” is the original end user purchaser of the Product that was purchased from an authorized reseller or sales channel and manufactured by or for Sourcenext that can be identified by an authorized Sourcenext trademark, trade name, or logo affixed to it (for example, an authorized POCKETALK mark). For clarity, a reseller is not considered an Original Purchaser. Any use of the word ‘you’ in this Warranty must be understood as referring to an Original Purchaser.
  • Without limiting the foregoing, this limited warranty does not apply to any (a) Sourcenext products and services other than the Products, (b) non-Sourcenext products, even if included or sold with a Product, including, without limitation, any counterfeit products, (c) products that are, or Sourcenext reasonably believes to be, stolen, (d) consumables (such as batteries), (e) software, even if packaged or sold with the Product or embedded in the Product, or (f) Sourcenext accessories other than the Included Accessories.
  • This limited warranty does not apply to a Product or part of a Product that has been serviced, altered, refurbished, or modified by anyone who is not authorized by Sourcenext, nor does it apply to any cosmetic damage such as scratches and dents.
  • This limited warranty also does not apply to damage or defects caused by (a) use with non-Sourcenext products; (b) accident, abuse, misuse, mishandling, flood, fire, earthquake, or other external causes; (c) normal wear and tear or aging of the Product such as discoloration or stretching; or (d) operating the Product (i) outside the permitted or intended uses described by Sourcenext, (ii) not in accordance with instructions provided by Sourcenext, or (iii) with improper voltage or power supply.
  • No Sourcenext reseller, distributor, agent or employee is authorized to make any modification, extension, or addition to this limited warranty. Any such amendment is not binding upon Sourcenext.
Dispute

Should any conflict, disagreement or dispute between Sourcenext and you arise relating to the functioning of the Product, Sourcenext reserves the right to require proof of the defect if notified at a date six months or later than the date of purchase.

Disclaimer

To the extent permitted by law, this limited warranty and the remedies set forth herein are exclusive and in lieu of all other warranties, remedies and conditions, whether oral, written, statutory, express or implied. Sourcenext disclaims all statutory and implied warranties, including without limitation, warranties of merchantability and fitness for a particular purpose and warranties against hidden or latent defects, to the extent permitted by law. In so far as such warranties cannot be disclaimed, Sourcenext limits the duration and remedies of such warranties to the duration of this express limited warranty. some jurisdictions do not allow limitations on how long an implied warranty (or condition) may last, so the limitation described above may not apply to you. in addition, consumers in some jurisdictions may have legal rights under applicable national legislation governing the sale of consumer goods that are not waivable by contract. these rights are not affected by this limited warranty.

Limitation Of Liability

Except to the extent prohibited by applicable law, Sourcenext shall not be liable for any incidental, indirect, special, or consequential damages, including, without limitation, loss of profits, revenue or data, resulting from any breach of express or implied warranty or condition or under any other legal theory, even if Sourcenext has been advised of the possibility of such damages. some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Governing Law

This Pocketalk Return Policy and Limited Warranty is governed by the laws of the Netherlands without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. If any term contained herein is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. Any disputes regarding the terms of this Warranty shall be submitted to the competent court in Amsterdam.

Effective Date: April 30, 2020

Model Right of Withdrawal Form

Please print out the below or copy it to an email, and supplement or delete information where necessary:

To Sourcenext B.V.:

I/We hereby give notice that I/We withdraw from my/our contract of sale of the following goods:

……………………………..

Ordered on/received on:

………………………….

Name(s) of consumer(s):

………………………….

Address of consumer(s):

…………………………

Signature of consumer(s) (only if this form is notified on paper)

Date

……………………

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