TERMS AND CONDITIONS
1.1. AEG is brand that is part of the AB e-hernia group and the Site is operated by e-hernia Plc, Registration No: 2331516 (“e-hernia plc”).
1.2. These general terms and conditions of sale (“Conditions”) apply from 29th October 2020 and are applicable to every offer, purchase order, order confirmation, delivery, invoice or agreement for the sale of products and services marked with a ‘buy-button’ (“Product” or “Products”) listed on the AEG online shop available at https://www.e-hernia.co.uk (“Site”). The Products listed on the Site are sold by e-hernia plc to its customer (“Customer”). For the avoidance of doubt, separate terms and conditions apply for the spare parts and accessory shop available at https://www.e-hernia.co.uk where you can also find the terms and conditions applicable for any product offerings and purchases made in that shop.
1.4. When placing an Order (as defined below), the Customer confirms that he or she is legally capable of entering into binding contracts and is not purchasing Products for the purpose of resale. If the Customer is a consumer as defined by the Consumer Rights Act 2015 (“Consumer”), the Customer confirms that he or she is at least eighteen (18) years old when placing an Order. If the Customer is not a Consumer, Sections 9 shall not apply and the Customer shall not benefit from rights as set out in Section 10 or any extended warranty referred to in Section 11.
1.5. The placing of an Order by the Customer and acceptance of these Conditions by ticking the confirmation box as part of the check-out process shall be considered as a binding acceptance of the Conditions by the Customer, to the exclusion of any other terms which are implied by trade, custom or practice. Variations from the Conditions shall only be binding upon e-hernia plc, if expressly agreed to in writing by an authorized representative of e-hernia plc. In the event of a conflict between the Conditions and any conditions expressly agreed in writing between e-hernia plc and the Customer, the provisions of the latter shall apply.
1.6. e-hernia plc reserves the right to change the Conditions at any time without prior notice. This will, however, not affect any existing Orders and the Conditions in place on the date when the Order is placed by the Customer shall be applicable to such transaction.
1.7. Applicable laws may require that certain communications to the Consumer shall be in writing. By accepting the Conditions, the Consumer agrees that any communications that shall be made in writing can be provided via SMS, email or by posting notices on the Site and that such communications shall be considered to comply with any legal requirement that the communications made by e-hernia plc to the Consumer shall be in writing. This condition does not affect the Consumer’s statutory rights.
2.1. The Products and their essential characteristics are described on the Site. e-hernia plc may change the composition, characteristics, or assortment of the Products on the Site and their presentation or packaging. Such changes shall not apply to Orders already submitted by the Customer unless the changes are required by law.
2.2. The images of the Products on the Site are for illustrative purposes only. Although every effort has been made to display the colours accurately, it cannot be guaranteed that a device's display of the colours accurately reflects the colour of the Products. The Product may therefore vary slightly from those images.
2.3. All Products are subject to availability. e-hernia plc can only guarantee availability while stocks last. Should a Product placed in the cart run out of stock before the Order is completed the Customer will be informed and asked to remove the Product from the cart.
3. ORDERS AND ORDER ACCEPTANCE
3.1. The Customer places an order by completing the online checkout process on the Site (“Order”). Prior to approval of his or her Order, the Customer shall check the order summary and his or her delivery and contact information. The Order constitutes a binding offer by the Customer to purchase the Products detailed therein (“Ordered Products”). After an Order is placed, the Customer will receive an e-mail from e-hernia plc acknowledging receipt of the Order (“Order Confirmation”). This automated Order Confirmation is solely an acknowledgement of receipt of the Order and does not result in an acceptance of the Order or formulation of a binding contract of sale between the Customer and e-hernia plc.
3.2. A binding contract of sale (“Contract”) between the Customer and e-hernia plc, is formed after e-hernia plc has accepted the offer made by the Customer by placing the Order. Acceptance by e-hernia plc will be made by confirming the Order by sending an email including proof of purchase of the Ordered Products, by confirming the dispatch of the Ordered Products, or through conduct, in particular by scheduling an appointment for delivery of the Ordered Products or dispatch of the Ordered Products.
3.3. If, while processing an order, our discovers that all or parts of the Ordered Products are not available or for any reason cannot be delivered to the Customer, e-hernia plc will immediately and no later than two (2) days after the date on which the Order was placed inform the Customer about this and cancel the Order fully or in part if the Customer wishes to receive only part of the Order. e-hernia plc will reimburse any amounts already paid to e-hernia plc by the Customer in relation to the Order or, in case of partial acceptance of the Order, the Ordered Products that cannot be delivered.
3.4. We will remain the owner of the Ordered Products and shall not be obliged to deliver any Ordered Products or perform any other obligation under a Contract until e-hernia plc has received final confirmation of payment in full of all amounts due by the Customer to e-hernia plc under the relevant Contract.
3.5. The Customer will be responsible for the accuracy of the e-mail address, delivery address, the mobile telephone number and all other information provided to e-hernia plc. If the Customer would discover that any information provided to e-hernia plc as part of placing an order is incorrect, the Customer shall immediately inform e-hernia plc’ Customer Service and provide the correct information. In the event that it would not be possible to correct the information due to the risk of fraud or for any other reason, e-hernia plc reserves the right to cancel the Order and will reimburse any amounts already paid to e-hernia plc by the Customer in relation to the Order.
4. INSTALLATION SERVICES AND ADDITIONAL SERVICES
4.1. The delivery of the Ordered Product will only include installation if this is expressly specified on the Site with regard to the Ordered Product or if the Customer has purchased the installation of the Ordered Product by adding it to the Order. Installation service is subject to availability and can be performed for certain Products as stated on the Site in Mainland UK.
4.2. The Customer acknowledges that specific conditions, requirements and/or restrictions may apply to installation services when a Customer is purchasing an installation service or a Product that includes installation by e-hernia plc or a designated third party. Detailed information about applicable installation requirements depending on type of Product can be found here https://www.e-hernia.co.uk and further information can also be provided by the installer prior to the start of any installation service. The Customer undertakes to follow such further conditions, requirements and/or restrictions. In case of conflict, such special conditions and/or restrictions shall take precedence over the Conditions.
4.3. Subject to Section 5.2, the following conditions apply to any installation service performed by e-hernia plc or a designated third party:
e-hernia plc or the designated third party will contact the Customer to schedule an Appointment for the installation service to be performed. The Customer agrees to allow the installer to visit his or her premises and carry out the installation service.
The installation will only take place if there is someone present at the designated premises during the Appointment and to allow entry to the premises. The installer will not wait past the scheduled appointment time, following which the Customer will need to schedule a new Appointment in which case an additional cost corresponding to the cost of a new installation service based on the current price list for such services may be charged. This applies also in cases where the first installation was included in the price of the Ordered Product.
The Customer is responsible for ensuring that the Ordered Product fits in the intended place and that hoses and cables, as relevant, are sufficient for the prepared socket. Installation always takes place on existing outlets for electricity and, where applicable, water and sewage. The Customer is also responsible for ensuring that at the time of installation and as relevant depending on the Ordered Product, there is electricity and/or internet connection available as well as existing water supply.
Electrical installation is only performed on the extended electrical outlet / terminal block with the intended voltage for the product. The installation is carried out with the product cord that comes with the Ordered Product or the electrical cord from the old product if it is deemed by e-hernia plc or the designated third party to be in good condition. Moving electrical outlets or pulling out new ones is not included in the service.
The installation services do not include any form of carpentry work such as drilling holes in walls or cabinets.
If the e-hernia plc or the designated third party installer deems that the work with an electrical installation can be considered dangerous or deviates from applicable laws and regulations, cause damage to persons and or the environment or is otherwise not considered appropriate, the installer has the right and obligation to not continue to perform the service.
Where the installer fails to carry out any installation service, or such service must be interrupted, due to (i) the Customer not having followed the installation requirements for the Ordered Product provided to Customer in these Conditions, on the Site or at any time prior to the start of the installation service, or (ii) any other interference or hindrance at the designated premises not due to any fault or negligence by e-hernia plc or the designated third party, the Customer will need to schedule a new Appointment at additional cost as agreed between the Customer and the installer or, as applicable, corresponding to the cost of a new installation service at a cost of £100 GBP/based on the current price list for such services with a maximum cost of £140 GBP. This applies also in cases where the first installation was included in the price of the Ordered Product.
The Customer is entitled to request that the Ordered Product is re-installed or a refund, as applicable, if the performed installation service has not been carried out in accordance with his or her statutory rights. e-hernia plc reserves the right to inspect and verify such a request. If the issue results from (i) any (installation) instructions provided by the Customer that were against the instructions of e-hernia plc or the installer, (ii) misuse, neglect, physical damage, tampering or incorrect adjustment, or (iii) normal wear and tear, e-hernia plc reserves the right to refuse awarding a refund to the Customer or to claim compensation from the Customer in case the installation service has nonetheless been performed twice. If the Customer is a Consumer, this does not affect the Consumer’s statutory rights. When a refund is to be awarded, e-hernia plc will process this as soon as possible and in any case within fourteen (14) days of the day the Customer received confirmation of his or her entitlement to a refund. Unless otherwise agreed, the refund will normally be made by means of the same payment method originally used by the Customer when purchasing the Ordered Product.
If a Consumer wishes to use its right of withdrawal as set forth in Section 9 and return an Ordered Product that has been installed, the Product will have to be uninstalled by the Consumer unless otherwise agreed by an authorized representative of e-hernia plc and the Consumer. The same applies if a Consumer would like to exchange an installed Product within the scope of the withdrawal period in which case the Consumer will also have to purchase a new installation service in order for the exchanged Product to be installed at delivery.
4.4. Any cancellation or rebooking by the Customer of an Appointment for installation must be made at least forty-eight (48) hours before the scheduled installation time. If a cancellation/rebooking is made after this time, e-hernia plc will not refund any costs incurred by e-hernia plc relating to the installation to the Customer and the Customer will have to pay for a new installation of the Ordered Product at a cost of £100 GBP. This applies also in cases where the first installation was included in the price of the Ordered Product or otherwise provided to the Customer at no additional cost.
4.5. In connection with the installation of an Ordered Product, e-hernia plc or the designated third party may assist with the disconnection of the old product provided that such disconnection service has been purchased by the Customer or is otherwise included in the Customer’s Order which has been accepted by e-hernia plc.
4.6. It may for certain Products be possible for Customers to purchase additional services on the Site, such as extended warranties or special delivery conditions. Such additional services may be subject to specific general terms and conditions which in that case will be displayed and made available to the Customer before the Customer places an Order.
5. TRANSPORT OF OLD PRODUCT TO RECYCLING
5.1. In connection with the home delivery of an Ordered Product, e-hernia plc or the designated third party has the opportunity to assist with transporting the old product of the same type and size as the Ordered Product for environmental recycling if such transportation service has been purchased by the Customer or is otherwise included in the Customer’s Order which has been accepted by e-hernia plc.
5.2. For e-hernia plc or the designated third party to be able to perform the transportation service, the old product must be removed and disconnected and, if necessary, defrosted and emptied of water. The product must also be uninstalled from electricity, water and sewage. Disconnection of the old product is only included when the Customer has purchased disconnection or if disconnection is otherwise included in the Customer’s Order which has been accepted by e-hernia plc. If the Product shall be disconnected by the Customer, the Customer shall also move the Product to a safe place for collection.
5.3. The transport of an old product to recycling can only be ordered in connection with home delivery and cannot be purchased separately. If the transport of an old product is not possible due to any fault of the Customer, for example if the Customer has not followed any of the requirements set forth in Section 6.2 or if the old product is not of the same type or size as the Ordered Product, e-hernia plc reserves the right to not perform the transportation service ordered or, as agreed with the Customer, post-invoice the Customer for any additional costs that may arise for the transportation service. e-hernia plc will not refund any costs incurred by e-hernia plc relating to the non-performance of a transportation service in the event such non-performance is due to any fault or negligence by the Customer.
6. PRICES AND DELIVERY COSTS
6.1. All prices of the Products or additional services are as quoted on the Site and include applicable taxes. Unless indicated otherwise on the Site or during the check-out process, prices do not include delivery costs which are quoted separately on the Site. Prices are subject to change at any time, but such changes will not affect placed Orders accepted by e-hernia plc.
In the event that any information about prices on the Site is not correct and this was known or, due to the obvious nature of the inaccurate information, should have been known by the Customer, e-hernia plc reserves the right to, as agreed between e-hernia plc and the Customer, either update the Order with the correct price or cancel the Order through simple notice and at no additional cost to nor compensation being due by e-hernia plc, other than the reimbursement of the price paid by the Customer to e-hernia plc for the Ordered Product.
6.3. Prices for delivery or installation services are determined on the assumption that these services can be executed under standard conditions. If access to the place of delivery is difficult due to reasons attributable to, by way of example but not limited to, the presence of gates, narrow passages, traffic restrictions on heavy vehicles, reduced size of elevators, absence of elevators or hoists in case of deliveries to the upper floors, or deriving from the need to adapt the furniture to install the Ordered Product, the price for delivery or installation can be made subject to an additional cost to be agreed in advance between the Customer and e-hernia plc or the designated third party responsible for the performance of the service. If no agreement can be reached, the Ordered Product will remain in the possession of e-hernia plc, the designated transporter or installer. In such a case, e-hernia plc reserves the right to withdraw from the Contract through simple notice and at no additional cost to nor compensation being due by e-hernia plc, other than the reimbursement of the price paid by the Customer to e-hernia plc for the Ordered Product, as the case may be less any costs incurred by e-hernia plc and/ or loss of value of the Ordered Product suffered since the first attempt to deliver. e-hernia plc will also not refund any costs relating to the delivery or installation of the Ordered Product or any additional services ordered by the Customer which were scheduled to take place at the time of delivery and/or installation of the Ordered Product, as applicable.
8.1. Payment is limited to the options provided on the Site and includes major payment cards, Klarna and PayPal.
7.2. The undertaking to pay given by means of a payment card is binding. By communicating the information on his or her payment card, the Customer authorizes e-hernia plc to charge his or her payment card for the amount corresponding to the total price of the Order all inclusive.
7.3. To this end, the Customer confirms that he or she is the holder of the payment card to be charged and that the name on the payment card is actually the Customer’s. The Customer shall provide e-hernia plc with such information regarding the payment card which is necessary for the transaction to be successful.
7.4. When payment is made by means of payment card, the money will be reserved when the Order is placed provided that the transaction is approved, and an Order Confirmation will be sent to the Customer’s email address. The payment card will be debited when the Ordered Products are ready for delivery to the Customer.
7.5. Any payments made through a third party such as Klarna or PayPal will be subject to separate terms and conditions between the Customer and the third party which will include information about, for example, how money is reserved and captured as part of the payment process. For the avoidance of doubt, any such terms and conditions are between the Customer and the third party and e-hernia plc is not party to such agreement.
7.6. e-hernia plc shall implement every means to ensure the confidentiality and security of data transmitted on the Site.
8. RIGHT OF WITHDRAWAL
8.1. Pursuant to Consumer Contracts Regulations 2013 the Consumer shall have a period of fourteen (14) days from the day he or she takes possession of the Ordered Product, to exercise his or her right of withdrawal without having to motivate such a decision. If the Ordered Products are delivered through separate installments but are part of the same Order, the fourteen (14) day withdrawal period shall be counted from the receipt of the last Ordered Product.
8.2. If the Consumer exercises the withdrawal right, e-hernia plc shall refund all the payments received from the Consumer relating to the Ordered Product, including the price and the original delivery costs. However, if the Consumer has chosen an express delivery or other special delivery method for the original delivery, e-hernia plc will only reimburse costs corresponding to a standard delivery based on the Ordered Products. If the Customer has ordered more than one Product and only part of the Ordered Products are being returned by the Customer, e-hernia plc will not refund the delivery cost to the extent such delivery costs would have been the same if the Customer would only have ordered the Product which is not being returned. e-hernia plc may moreover withhold that part of the original payment that corresponds to the loss of value caused by the handling of the Ordered Product by the Consumer that goes beyond what is necessary to verify the nature, characteristics and functioning of the Ordered Product. The Consumer acknowledges that Products that are consumables may have lost all value in case they are unsealed in which case e-hernia plc will not refund the price of the Ordered Product. If at delivery, the Ordered Product has been installed by e-hernia plc or a designated third party, and such installation has been accepted by the Consumer to be performed before the end of the fourteen (14) day withdrawal period, e-hernia plc may moreover withhold the installation costs paid by the Consumer. The same applies for any other service ordered by the Consumer that the Consumer has accepted to be performed before the end of the fourteen (14) day withdrawal period and which would otherwise have been covered by the Consumer’s right of withdrawal.
8.3. The withdrawal right may be exercised by sending notification to e-hernia plc by mail to the following address F.A.O. D2C Customer Service, e-hernia Plc, 101 Addington Way, Luton, Bedfordshire LU4 9QQ United Kingdom or by e-mail email@example.com. The Consumer can also contact e-hernia plc’ Customer Service by chat or phone using the contact details provided on the Site. This notification can either be made by providing e-hernia plc with a completed withdrawal form included as an Exhibit to these Conditions, or by submitting any other explicit statement of his/her decision to withdraw from the Contract. In case of withdrawal, the Consumer shall return the Ordered Products, no later than fourteen (14) days after communicating his or her decision of withdrawal. For Products delivered through Appointment, the Consumer shall contact e-hernia plc to agree on a time for collection of the Ordered Product. Collection is only available from the original delivery address. For Ordered Products delivered by other means than Appointment, the Consumer shall be returned via DPD, additional information can be found here https://www.e-hernia.co.uk/support/support-articles/buying-directly-from-aeg/.
8.4. e-hernia plc will refund the Consumer within fourteen (14) days after the day it is informed of the decision of the Consumer to use his right of withdrawal. e-hernia plc may, however, withhold the reimbursement until e-hernia plc has received the returned Ordered Product, or until the Consumer has supplied evidence of having sent back the Ordered Product, or until e-hernia plc has collected the Ordered Product, whichever is earlier. Reimbursement shall be made by means of the same payment method used by the Consumer to pay for the Ordered Products, unless the Consumer has indicated otherwise.
8.5. The withdrawal right set forth in this Section 9 shall not apply to:
the delivery of Products which are not suitable for return due to health protection or hygienic reasons if unsealed by the Consumer after delivery, or which are, after delivery, inseparably mixed with other items;
the delivery of Products made to the Consumer’s specifications or clearly personalised;
the delivery of Products which are liable to deteriorate or expire rapidly;
urgent repairs or maintenance specifically requested by the Consumer to be performed by e-hernia plc or a designated third party; and
an installation service or any other service ordered by the Consumer which has been fully performed and the Consumer has accepted that the performance of such service starts before the withdrawal period has expired.
9. EXTENDED WARRANTY
9.1. In addition to the legal rights mentioned in Section 10.2, the Customer may be entitled to an extended warranty as indicated on the Site and in the invoice and the Order Confirmation.
9.2. Apart from the duration of the warranty period and unless otherwise stated in the separate terms and conditions for such extended warranty as provided on the Site, the extended warranty applies under the same conditions as those set out in articles 10.2-10.4
10. INSTALLATION AND USE
10.1. The Ordered Product shall always be installed and used in accordance with the instructions and warnings provided in the user instruction manual.
10.2. Unless installation service has been ordered via the Site or is expressly included in the Order, the Customer is responsible for the correct installation of the Ordered Product.
10.3. The installation of some Products requires the intervention of authorized and professionally qualified personnel to avoid the risk of damage to the premises and/or Ordered Products and/or to avoid personal injuries, with particular reference to the installation, use and maintenance of components for the use of gas, electrical equipment, hydraulic parts and related components. Always read and follow the user instruction manual and/or the instructions on the packaging of the Ordered Products.
10.4. To the extent possible under applicable law, e-hernia plc assumes no responsibility for claims attributable to unintended use of the Product, its incorrect handling or incorrect installation (other than when e-hernia plc, or an e-hernia plc designated third party, has performed the installation).
10.5. For any information regarding the maintenance of the Products, the Customer should consult the user instruction manual or contact e-hernia plc’ Customer Service.
11. FORCE MAJEURE
11.1. e-hernia plc shall be legally released of, and not obliged to comply, wholly or partially, with any obligation in relation to the Customer in case of an unforeseeable event outside e-hernia plc’ control (force majeure), which shall include (but not be limited to) fire, explosion, quarantines, typhoon, flood, epidemic, war, riot, stoppages of work, industrial action, any form of governmental intervention, breakdown of plant or machinery (including transportation), or any other circumstances outside the reasonable control of e-hernia plc.
11.2. During an event of force majeure, the obligations on the part of e-hernia plc are suspended for a period equal to the period during which the event of force majeure exists. If the event of force majeure continues for a period of more than two (2) months, either party may terminate the Contract affected by the event of force majeure with immediate effect by notifying the other party in writing thereof, without any compensation being due, other than the reimbursement by e-hernia plc of all amounts paid by the Customer to e-hernia plc for the Ordered Product.
12.1. Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
12.2. Without prejudice to article 10.2, e-hernia plc’s liability shall be limited to direct damages caused by its fraud, deception or intentional failure. e-hernia plc’s aggregate liability under any agreement arising out of or in connection with the Conditions shall in no event exceed the total amounts paid to e-hernia plc by the Customer during the term of such agreement. e-hernia plc’s liability for any single event shall not exceed the amount paid to e-hernia plc by the Customer pursuant to the Order Confirmation and the invoice to which the liability pertains.
12.3. If the Customer uses the Ordered Products for any commercial, business or re-sale purpose e-hernia plc will have no liability to the Customer for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. APPLICABLE LAW AND JURISDICTION
13.1. These Conditions are governed by English law and you can bring legal proceedings in respect of the Ordered Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Ordered Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Ordered Products in either the Northern Irish or the English courts.
13.2. e-hernia plc is required to provide consumers with an electronic link to the Online Dispute Resolution (ODR) platform. Complaints can be submitted via the Online Dispute Resolution platform, which can be found at http://ec.europa.eu.
14. COMPANY INFORMATION AND CONTACT DETAILS
Registration No: 2331516
VAT No: GB 196 2439 34
8 Ffordd Yr Wyddfa, Colwyn Bay LL29 6EB, the United Kingdom
Email address: firstname.lastname@example.org