Terms and Conditions Envision
Effective date: September 22nd, 2017
Last update: September 1st, 2021
- These terms and conditions (“Terms”) apply to all offers and services of Envision Technologies B.V. (“we”, “ us”, or “Envision”) and any agreements concluded between Envision and you, whether online through the website www.letsenvision.com (or any other website we operate, all together the “Website”), in stores or via other (online) sales channels (e.g. application).
- Envision offers storage products and other accessories (“Products”). Please read the Terms carefully before submitting your Order of any Products. Envision provides services and software as well (‘Services’). The Services will be provided through the relevant appstore you use in relation to your device.
Order and Order reservation
- When placing an Order for Products on our Website, 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.
- Envision shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your Product being shipped by sending an e-mail to us.
- When the Product is not available yet at the moment of placing the Order, you can make an Order Reservation. You acknowledge and agree that Envision may decline or delay Order Reservations to avoid oversubscription or as it deems appropriate, provided that we will make efforts to inform you within two (2) weeks of our receipt of your Order Reservation, and that you will be entitled to a full refund of the purchase Price.
- After placing an Order you will receive an Order confirmation by e-mail, only then a sales agreement is concluded between you and Envision. If you did not receive a confirmation within 24 hours, please contact us by email.
- Please note that additional terms and conditions of the appstore owner might be applicable once you order a subscription for our Services through the appstore.
Pricing and Payment
- Prices of the Products or Services shown on the Website or via the appstore (“Prices”) are in the currency as displayed on the Website or appstore. All Prices are inclusive of 21% VAT, except for the Glasses for which a 9% VAT counts. The Prices are exclusive of possible customs charges and other obligations that might be applied when you order from an area outside of or distributor network. Please make sure you familiar yourself with the then current charges that might apply to your order.
- You will be charged the full Price of the Products at the time of placing the Order. If Envision is unable to commence shipping the Products on or before the one-year anniversary of your placing the Order, Envision shall process a full refund to you. Your placing of an Order constitutes your express agreement to Envision of charging the full Price of the Products at such time.
- On the Website you can find more information on applicable additional costs if any, such as shipping charges that might apply.
- You will be charged for the Services according to the applicable payment terms.
- Envision will build Products according to the order in which the Order is received. This position does not imply receiving a particular number associated with your Products.
- If you cancel or forfeit your Order Reservation in accordance with the terms of the Terms, your position will be taken by the next person on the Product Reservation list.
- Notwithstanding the foregoing, you acknowledge and agree that we may need to build and use Products for a variety of purposes, such as in-house and third-party testing, evaluation, and display prior to fulfilling Product reservations. Furthermore, we may in our discretion prior to fulfilling Product reservations offer for sale to the public (for instance, by auctioning off) a limited number of Products. Please consult our Website or our newsletter for more information about such events.
Delivery and defects of Products
- We will use the shipping or delivery address that you provided in the Order as the place of delivery. The Products are considered delivered when accepted by or on behalf of you at the delivery address.
- If you fail to accept the Products after two delivery attempts, we may charge you for storage costs and any further delivery costs. We will contact you for further instructions in that case. If, despite our reasonable efforts, we are unable to contact you, we may terminate the agreement.
- Delivery times are estimates and cannot be guaranteed. The common delivery times are described on the Website and will deviate per area. The delivery times is subject to change, and Envision does not represent or warrant that it will be able to ship the Product by the estimated date.
- Although we will make efforts to begin delivering Products as soon as reasonably practicable, you understand and agree that there may be delays. As a result, in the event that a delay arises and the estimated shipment and/or release of the Product is not met, Envision is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in the Terms, to provide any discounts, refunds or credits due to any such delays.
- We will provide you with periodical updates with respect to such delivery times. If for any reason you decide that you do not wish to continue to wait for your Product, you may cancel your reservation as provided for in Section 6 below.
- After delivery you should inspect the Products for defects as soon as possible after delivery and inform us of any defects to the Products preferably within seven calendar days. Defect Products can be returned as described in the Section Return Policy.
- Cancellation of Products. You may cancel this reservation by terminating the Order at any time for any or no reason within 14 days of placing the Order. Cancellations are not possible after 14 days of placing an order. If Envision cancels your reservation you will receive a full refund of the purchase Price without interest (and you will not pay any processing fee). Refund or cancellation requests must be made by email.
- Cancellation of subscription. The Envision subscriptions for Services are redirected via the App Store that you are using on your device. Cancellation and refund conditions must be consulted through the relevant App Store or Play Store. Please bear in mind that the cooling-off period will not be applicable anymore once you started using the service within the cooling-off period.
Return Policy for Products
- You may return the Products ordered within thirty days after delivery, regardless of the reason. During this period you will handle the Product with due care, including accompanying materials and its packaging. Within the return period, you may reasonably try your ordered item to find out whether it works properly and whether you are happy with it. You may not fully use the item if you do not yet know whether you will keep it. You will only unpack the Product as necessary to determine if you want to keep the Product.
- If you wish to return a Product you may use the Return Form as displayed on the Website or you can easily send an email to our support team within the 14 days. We will provide you with further instructions related to shipping and packaging. You are responsible for the return shipping costs.
- Upon receipt of your return, we will reimburse the Price and initial delivery costs (if any) as soon as possible but in any case within fourteen days of receipt of your cancellation.
- In case you received your Product through one of our distributors, you will need to return the Product to the distributor and the distributor will provide you with the refund.
Limitation of liability
- The liability of Envision for any damage under the Terms is limited to the obligations to the full refund of your purchase Price without interest. Any other liability of Envision is explicitly excluded unless the damage is the result of Envision’s willful intent or gross negligence.
- We work with local distributors. If you place an Order for Products on our Website, using a delivery location where one of our distributors is active, we might transfer the Product(s) and the corresponding delivery obligation to the distributor. In that case, the Terms remain in effect. The distributor will contact you for the completion of your purchase. Should you have any question afterwards you can contact the distributor directly.
Age and Residency
- You acknowledge that you are at least 18 years old when placing an Order and will only place an Order when you are residence in an area where we can deliver the Product.
- You acknowledge and agree that Envision will initially focus its service efforts on certain geographical areas, and may expand to other areas as the company grows. Most up-to-date information relating to the areas will be provided on our Website. Please make sure that you only place an Order when you are in one of the area’s we deliver to.
- All rights, title and interest in and to the Website, Products and Services, including patents, copyrights, trademarks, trade names, service marks, designs, media, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to Envision.
- You may not use in any way artworks, materials, designs, trademarks, creations or any other works that might be considered as intellectual property infringement of third parties’ rights. Envision assumes no responsibility or liability caused or alleged to be caused by or in connection with your use of third parties’ intellectual property rights.
- You expressly relieve Envision from any and all liability arising from your use of any third-party artworks, designs, trademarks, creations or any other works. You further acknowledge and agree that Envision shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such artworks, materials, designs, trademarks, creations or any other works.
Your Information and Personal Data
- Envision disclaims any warranties, express or implied, with respect to the prototype version of the Product displayed by Envision whether before or after you have placed the Order. You understand and agree that the Product, its design and technical features are currently under development and that the Product that may be available for purchase by you, may be materially differently from the prototype Product as was displayed. If for any reason you are unhappy with the final version of the Product, your sole and exclusive remedy will be to cancel your Order as described in the Terms.
Changes to the Terms
- Envision reserves the right to change any of the Terms for any or no reason. We will provide notice of any material changes and, if you are unhappy with such changes, your sole and exclusive remedy will be to cancel your reservation as described in the Terms.
- The Terms and any agreement concluded between Envision and you, and all disputes relating thereto are construed in accordance with and governed by the laws of the Netherlands without regard for conflict rules under Dutch private international law.
- If you are based in the European Union (including the United Kingdom), any disputes arising out of or in connection with the Terms or our agreement shall be submitted to the competent court of Amsterdam, the Netherlands. If you (a consumer) would like to bring the dispute before another competent Dutch court you must inform us thereof as soon as possible, in writing within one month after Envision having informed you that it wishes to invoke this section, in the absence of such notification from you the competent court of Amsterdam shall have exclusive jurisdiction.
- You may not assign any of your rights or obligations under the Terms to another person without Envision’s prior written consent.
- Unless otherwise stated, Envision holds all intellectual property rights to the Website, its contents (including but not limited to text, design, layout, images and videos). You may only use the Website and its formatting for your own personal use. Any other use is not allowed without our express written consent.
- If you need to contact us, you can reach our dedicated support team by email Support@letsenvision.com.