Merchant of Record Terms and Conditions
Terms & Conditions
1.1 Your contract of Sales is with Luzern Technology Solutions, Ballycoolin Business Park, Ballycoolin Road, Dublin 15. Registered in Ireland: No. 361832
2.1 These terms and conditions, together with any other policies or documents referred to in these terms and conditions (including any policies or documents to which a link is provided from these terms and conditions) (together “Terms”) apply to all orders for products and services submitted by you for products and services made available by Luzern for purchase over the Web Store. Please read these Terms carefully.
2.2 Please note that when you purchase any products or services through this Web Store, you are purchasing those products and services from Luzern, and not from iHealth. These Terms form a contract between you and Luzern. iHealth is not a party to these Terms.
2.3 Please note that these Terms do not affect your statutory rights as a consumer.
2.4 Please note that you are purchasing products and/or services from Luzern, any personal data submitted by you will be treated confidentially and will not be shared with 3rd parties, unless required by law or for processing of the orders.
3. Acceptance of Orders
3.1 You agree that your order is an offer to purchase the products (“Products”) and services (“Services”) listed in your order on these Terms. All orders submitted by you are subject to acceptance by Luzern. Luzern may choose not to accept your order for any reason without liability to you.
3.2 After you submit an order you will receive an order acknowledgement email with your order number and details of the Products and Services you have ordered. Please note that this email is an acknowledgement that Luzern has received your order and is not an acceptance of your order. A confirmation email will then be sent to you when your accepted order has been dispatched. Acceptance of your order and the formation of a contract of sale between you and Luzern will not take place unless and until the Products have been dispatched to you or, in the case of Services, when Luzern first start to provide the Services to you.
4.1 The amount charged is inclusive of VAT/Tax where applicable.
5. Payment Terms
5.1 The total cost of your order will be the purchase price (inclusive of applicable taxes) for the Products and/or Services, any delivery charges and any card processing charges. Unless otherwise agreed in writing prior to Luzern’s acceptance of your order.
5.2 If you are using a credit/debit card you confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment Luzern will not accept your order and Luzern will not be liable for any delay or non-delivery and Luzern is not obliged to inform you of the reason for the refusal. Luzern is not responsible for your card issuer or bank charging you as a result of Luzern’s processing of your credit/debit card payment in accordance with your order.
6.1 Where Luzern elects, or is required by applicable law, to issue or make available an invoice, Luzern reserves the right to issue or make available electronic invoices and you agree to such form of invoicing. If electronic invoicing is used, Luzern will give you the option to print off a copy of your invoice in HTML format with a “print friendly” facility on the page.
7.1 Any Services Luzern provides or makes available to you or which are purchased by you may be subject to additional terms. Any such terms will be brought to your attention before you purchase those Services. Please note that those terms shall apply to the relevant Services in addition to these Terms.
8. Delivery and Risk
8.1 Orders will be sent to the delivery address that you have given on your order form. Luzern Solutions cannot be held responsible if that delivery address is incorrect. Please note that, unfortunately due to logistics issues, we may not be able to deliver to your address.
8.2 Luzern Solutions currently only delivers Products and Services to the countries listed in the check-out form. Please also note that Luzern is unable to deliver Products or Services to any country other than that listed unless otherwise stated therefore your delivery address and billing address must be among this list.
8.3 While Luzern Solutions will try to meet any despatch estimates that it gives you, please note that they are just that: they are not guarantees and should not be treated as such. Accordingly, you agree that products may not necessarily reach you in the desired time.
8.4 Once a Product has been received by you, all risk of damage to, or loss of, the product shall pass to you.
9. Cancelation and returns
9.1 Should you wish to cancel or return any Products or cancel any Services, you may do so within 14 days of receiving your product. To return a product, please contact our customer service team at email@example.com.
9.2 Products must be in their original packaging with the seal in tact to be eligible for a refund.
9.3 This Cancellation & Returns Policy does not affect your statutory rights as a consumer.
10. Age Requirements
10.1 If you order a Product or Service to which a minimum age requirement applies, by ordering that Product or Service you confirm that you are of the required age. If Luzern reasonably believe that you are not legally entitled to order a Product, Luzern reserve the right to cancel your order.
11.1 To the maximum extent permitted by applicable law, any express manufacturer’s warranty iHealth offers you in respect of a Product are instead of all other terms, conditions and warranties, whether express or implied. Please note, however, that this exclusion (and any express warranty that accompanies your Products) does not affect your statutory rights as a consumer.
12. Limitations and liability
12.1 Nothing in these Terms limits or excludes Luzern’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation, or (iii) any other liability which cannot be limited or excluded by applicable law.
12.2 Subject to Section 12.1 above, Luzern will not be liable, whether in contract, in tort (including, without limitation, negligence), or otherwise arising out of or in connection with these Terms for any: economic losses (including, without limitation, loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special or indirect losses suffered or incurred by you arising out of or in connection with these Terms.
12.3 You acknowledge that iHealth shall not be liable to you for any misrepresentation, misstatement or breach of any term, condition or warranty given by Luzern in connection with any Products or Services. You also acknowledge that Luzern shall not be liable to you for any misrepresentation, misstatement or breach of any term, condition or warranty given by iHealth in connection with any Products or Services.
12.4 This Section 12 does not affect your statutory rights as a consumer, nor does it affect your cancellation rights under the [Consumer Protection (Distance Selling) Regulations 2000].
13. Electronic Communication
13.1 For contractual purposes, you consent to receive communications from Luzern electronically and you agree that all agreements, notices, disclosures and other communications that Luzern provides to you electronically satisfy any legal requirement that such communications be in writing. This term does not affect your statutory rights as a consumer.
14. Assignment, subcontracting etc
14.1 Luzern reserves the right to transfer, assign, novate or sub-contract all or any of Luzern’s rights and obligations under these Terms. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without Luzern’s consent in writing.
15. Amendments to these Terms
15.1 Luzern reserves the right to make changes to these Terms at any time. You, and any contract of sale between you and Luzern, will be subject to the version of these Terms in force at the time you order the Products or Services in question from Luzern.
16. Events beyond Luzern’s reasonable control
16.1 Luzern will not be held responsible for any delay or failure to perform or comply with Luzern’s obligations under these Terms if the delay or failure arises from any cause which is beyond Luzern’s reasonable control.
17.1 Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable form and not affect the enforceability of any of the other provisions of these Terms.
18. Governing law and jurisdiction
18.1 These Terms and all transactions relating to your purchase are governed by Irish law and you, and Luzern, hereby submit to the non-exclusive jurisdiction of the Irish courts. However, this will not affect your statutory rights if you are a consumer and applicable consumer law requires application of another law (such as the law of your country of residence).
19. Pre Order Sales
When placing a Pre-Order for iHealth products, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Luzern shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information.
Pre-ordered items are secured for you at the point of order placed and you will be charged in full once your order is shipped. Your credit card will be pre authorized when you place an order for any pre order item and will charge your card once the item is sold
If you combine your pre-ordered item with items currently available the order will be shipped together once your pre order items are in stock. In addition you will only pay one shipping fee (if any shipping fee’s apply to the order)
THIS WEB STORE IS HOSTED AND OPERATED BY THE PRINCIPLE, BUSINESS & TECHNOLOGY PARK, Ballycoolin Business Park, B2, Ballycoolin Rd, Blanchardstown, Dublin 15. REGISTERED IN IRELAND: NO. 361832 (“LUZERN”) AN AUTHORISED RESELLER OF iHealth . IF YOU HAVE ANY QUESTIONS REGARDING THE WEB STORE OR THESE TERMS AND CONDITIONS, OR IN THE UNLIKELY EVENT THAT YOU HAVE ANY COMPLAINTS ABOUT ANY PRODUCTS OR SERVICES PURCHASED BY YOU FROM THIS WEB STORE, YOU CAN CONTACT THE PRINCIPLE AT: CULTURELLE.UK@LUZERN.CO