Terms of Sale

Terms of Sale

Effective Date: September 10, 2021

This Terms of Sale (“Agreement”) applies to the purchases you make through the Ember website (www.ember.com) that link to this Agreement (the “Services”) if you are located in the European Union or United Kingdom. This Agreement is a legal agreement between you and Ember Technologies, Inc., and its corporate affiliates, subsidiaries, and divisions as may change from time to time (collectively, “Ember,” “we,” “us,” and “our”). This Agreement applies to the purchases of products and/or services (“Products”) on or through the Services. If you are located outside of the European Union or United Kingdom, please click here for the Terms of Sale applicable to you.

PLEASE READ THESE TERMS CAREFULLY BEFORE PLACING AN ORDER WITH EMBER. BY PLACING AN ORDER WITH EMBER, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS.

  1. OUR CONTRACT

The presentation of products and services on the Services constitutes an invitation to offer. When you place an order to purchase a product from Ember, we will send you an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation"). The Order Confirmation e-mail is an acknowledgement that we have received your order and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send you an e-mail confirmation that we have dispatched the product (the "Dispatch Confirmation"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation e-mail for each package, and each Dispatch Confirmation e-mail and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation e-mail.

In addition to your rights to cancel your order set out in Section 2 below, your rights to return orders can be found here:  https://ember.com/pages/return-policy

You consent to receive sales invoices electronically. Electronic invoices will be made available through email and through your account at ember.com if you have created an account. For each delivery, we will inform you in our Dispatch Confirmation e-mail if an electronic invoice is available. For further information about electronic invoices and instructions on how to receive a paper copy, please contact us at support@ember.com.

  1. EUROPEAN UNION RIGHT OF CANCELLATION, EXCEPTIONS TO CANCELLATION, VOLUNTARY RETURNS GUARANTEE AND STATUTORY WARRANTY RIGHTS 

STATUTORY RIGHT

You have the right to cancel your order without giving any reason within 14 days from the day on which you or a third party indicated by you (other than the carrier) receives the goods purchased (or last good or piece if it relates to goods or multiple pieces delivered separately) or from the day of the conclusion of the contract, in the case of services or digital content not supplied in a tangible medium.

You must inform us of your decision to cancel your order. You may submit your request by emailing us at support@ember.com. We will communicate to you an acknowledgement of receipt by e-mail. To meet the cancellation deadline, it is sufficient for you to send your communication before the 14 days’ cancellation period has expired and return the item. For additional information on the scope, content, and instructions for the exercise of your right to cancel, please contact us at support@ember.com.

EFFECTS OF CANCELLATION

If you cancel your order, we will reimburse all payments received from you for the goods purchased and will also reimburse delivery charges for the least expensive type of delivery offered by us. This reimbursement will be made without undue delay and, except in the situations described below, by no later than 14 days from the day on which we received your communication on the cancellation of the order. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back, or you have supplied evidence of having sent back the goods, whichever is the earliest. Where required by applicable law, if reimbursement occurs after the maximum time period mentioned above, the amount due to you will as of right be increased.

Note that you must send back the goods without undue delay and in any case by no later than 14 days from the day on which  you communicate your cancellation. You will have to bear the direct cost of returning the goods, unless otherwise provided in applicable law. You will only have to pay compensation for any deterioration of the goods if the value of the goods diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods).

EXCEPTIONS TO THE RIGHT OF CANCELLATION

The right of cancellation does not apply to:

  • the delivery of products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or which are, after delivery, inseparably mixed with other items;
  • the supply of goods made to your specifications or clearly personalized;
  • the supply of goods which may deteriorate or expire rapidly;
  • a service if Ember has fully performed it and you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started; and
  • the supply of digital content which is not supplied on a tangible medium if you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started.

OUR VOLUNTARY RETURNS GUARANTEE

Without prejudice to your statutory rights, Ember also provides you with a voluntary returns guarantee, which can be found here:  https://ember.com/pages/return-policy.

This returns guarantee does not affect your statutory rights and therefore does not affect your right of cancellation as described above. 

STATUTORY WARRANTY RIGHTS

Customers in the European Union and United Kingdom have statutory warranty rights for a period of two years from the delivery of the goods and can request repair or replacement of the goods purchased from Ember if these goods have defects or are not as described. If the goods cannot be repaired or replaced within a reasonable time or cannot be repaired or replaced without difficulties, you can claim reimbursement or a reduction of the purchase price. In the case of used goods, the warranty period can be shorter than two years.

  1. PRICE AND AVAILABILITY

All prices are inclusive of legally applicable VAT. We list availability information for products sold by us on the Services including on each product information page. Beyond what we say on that page or otherwise on the Services, we cannot be more specific about availability. As we process your order, we will inform you during the checkout process or by e-mail as soon as possible if any products you order turn out to be unavailable, and you will not be charged for those products.

Despite our best efforts, a small number of the items we offer may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product's correct price is higher than the price on the Services, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product.

  1. CUSTOMS

When ordering products from Ember for delivery outside of the EU you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Ember, you are considered the importer and therefore you are required to comply with all the legislation and regulations of the country in which you will receive the goods. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

  1. DELIVERY

Shipping charges are based on the shipping method you choose and the size of your Product order. When you make a purchase, the shipping charge is estimated in your basket, and will be presented to you during the checkout process. The shipping date is based on the stock status of the product ordered and your choice of shipping. We strive to keep all products sold on the Services in stock, but high demand occasionally results in delayed shipment. Stock status is indicated on the product page and in your basket during checkout. Please note that the number of days quoted for shipping refers to transit time only. Additional time (typically one to two business days) is required for processing in-stock orders.

  1. OUR LIABILITY

Ember and its affiliates will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.

Nothing in these Terms limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or willful misconduct.

We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, we will not charge you for the products until they are dispatched and you may cancel your order at any time prior to dispatch.

  1. APPLICABLE LAW

These Terms are governed by and construed in accordance with the laws of the Netherlands (with the exception of its conflict of law provisions), and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the non-exclusive jurisdiction of the courts of the Netherlands, which means that you may bring a claim to enforce your consumer protection rights in connection with these Terms of Sale in the Netherlands, or the EEA, Switzerland, and United Kingdom in which you live. If you are a consumer and have your habitual residence in these jurisdictions, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence.

  1. AMENDMENTS TO THE TERMS OF SALE

We reserve the right to make changes to our Services and policies, including these Terms of Sale at any time. You will be subject to the policies and Terms of Sale in force at the time that you order products from us, unless any change to those policies or these Terms of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Terms of Sale is deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining terms.

  1. WAIVER

If you breach these Terms of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Sale.

  1. CHILDREN

We do not sell products for purchase by children. If you are under 18, you may only use our Services with the involvement of a parent or guardian.

  1. OUR CONTACT DETAILS

For more information, please contact us at legal@ember.com.