• Operator: means ModusLink B.V. (the legal person which provides distance marketing of consumer products and/or services);

• Consumer: means the natural person not acting in the exercise of profession or business, and who enters into a contract with the operator;

• 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;

• 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

• 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;

• Day: means calendar day;

• 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

• 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.

• 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.

• 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

• The operator shall explicitly state whether an offer is of limited duration, or whether certain other conditions apply.

• 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.

• In each offer, the operator clearly indicates what the rights and duties of the consumer are when the offer is accepted. Important therein are:

• the price including taxes;
• if applicable, the delivery costs;
• the negotiation procedure of the contract and how the consumer may establish these negotiations;
• delivery, payment or execution procedure of the contract;
• 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;
• possible languages, including Dutch, in which the contract shall be entered into;
• 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
• whether or not the right of withdrawal applies;
• if the contract is filed after conclusion, how the consumer can consult it;
• 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;
• he acceptance period of the offer, or the period for which the price will be honored.

• To pre-order Products that are not yet available for shipment, ModusLink will perform a €0.01 cent authorization on your credit card or other payment method to ensure all details collected from you are correct. This is only an authorization and no money is actually debited from your account or charged to you, and full payment for the Product will only be provided when the Product is shipped.

ARTICLE 5. THE CONTRACT

• The operator shall explicitly state whether an offer is of limited duration, or whether certain other conditions apply.

• 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.

• In each offer, the operator clearly indicates what the rights and duties of the consumer are when the offer is accepted. Important therein are:

• if applicable, the delivery costs;
• the negotiation procedure of the contract and how the consumer may establish these negotiations;
• delivery, payment or execution procedure of the contract;
• 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;
• possible languages, including Dutch, in which the contract shall be entered into;

• To pre-order Products that are not yet available for shipment, ModusLink will perform a €0.01 cent authorization on your credit card or other payment method to ensure all details collected from you are correct. This is only an authorization and no money is actually debited from your account or charged to you, and full payment for the Product will only be provided when the Product is shipped.

ARTICLE 6. RIGHT OF WITHDRAWAL

• 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.

• 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

• 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.
• 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

• 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.

• Exclusion of the right of withdrawal is only possible for products:

• which are time sensitive and are subject to deterioration;

• which cannot be returned due to their nature;

• for audio and video recordings and computer software of which the consumer has broken the seal;

ARTICLE 9. THE PRICE

• 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.

• 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.

ARTICLE 10. CONFORMITY AND GUARANTEE

• 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.

• 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

• When receiving and when executing product orders, the operator shall execute these tasks with due diligence.

• The operator acknowledges electronic communication and shall not deny its validity or legal effects for the sole reason that the communication happens electronically.

• 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.

• 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.

ARTICLE 12. PAYMENT

• 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.

• 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.

• 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.

• The consumer is to inform the operator immediately of possible inaccuracies in the payment details provided or stated.

ARTICLE 13. PRIVACY STATEMENT

• Introduction: The Operator is committed to protect the privacy of the consumer and has taken strong measures to ensure that information which is obtained from the consumer will be secure and confidential.

• 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.

ARTICLE 14. SECURITY

• 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.

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.