Terms and Conditions
These Sales Terms are applicable to the Tanita Europe Webshop (“Tanitashop”) at www.tanita.eu and to orders and sale transactions for products available at the Online Shop (“Product”). By ordering from our site, you accept our general terms and conditions, including our Privacy Statement.
When an order is placed via our webshop we will treat that action as an offer to buy. Once the order is placed you will receive confirmation in the form of an email and at this time we enter into a contract with you. We store the contract's content and will send you the details of your order via e-mail. The details about your recent orders can be found in your "My Account" page.
2. Price and Payment
The price of the Goods shall be inclusive of VAT, which shall be due at the rate ruling on the date of payment. Payment over the Internet can be made via our secure check out pages using several methods. Card charges will appear on your statement as "ICEPAY". All prices are quoted in Euro’s and include Value Added Tax (VAT) from the Netherlands. Due to the nature of the clearing system your credit card payment will be taken at the point of processing. If a problem in supply should occur, your payment method will be refunded as swiftly as possible. The refund may take a couple of days to show as cleared funds on your account, depending on payment provider. If your delivery address is outside of the Netherlands, you may be required to pay import duties and taxes when your order reaches your country. These and any additional charges for customs clearance are your responsibility. Unless otherwise has been agreed, Tanita shall not be bound to deliver the Goods until the Buyer has paid for them including any VAT.
3. Specifications of Goods
Tanita may from time to time make changes in the design, features, specification, or packaging of the Goods, which do not materially affect the quality or fitness for the purpose of the Goods. All samples, descriptive matter, specifications and advertising material issued by Tanita and any descriptions or illustrations contained in Tanita's webshop, website or brochures are issued or published for the sole purpose of giving an appropriate idea of the Goods described in them. They shall not form part of the Contract and this is not a sale by sample. Colours on your computer screen are not always 100 % accurate.
Only Customers with a valid European address may place orders in this webshop. We are currently not able to deliver our products outside of Europe.
Any dates specified by Tanita for delivery of the Goods should not be considered firm deadlines. In the event of late delivery, Tanita must be declared to be in default in writing, in which connection Tanita will be granted a reasonable term of at least fourteen (14) working days as of the date of the receipt of notification to fulfill its obligations. In the event that such extended term is exceeded, the Buyer will be entitled to dissolve the agreement or part of the agreement only with respect to the goods not delivered. In such an event, Tanita will not be liable to pay damages.
If for any reason the Buyer fails to accept delivery of any of the Goods when they are ready for delivery, or Tanita is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations: risk in the Goods shall pass to the Buyer (including, without limitation, for loss or damage caused by Tanita's negligence); the Goods shall be deemed to have been delivered; and Tanita may store the Goods until delivery, and the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
Unless otherwise agreed, the Buyer shall provide at the Delivery Point and at its expense adequate appropriate equipment and manual labour for loading or unloading the Goods. Tanita may deliver the Goods by separate installment.
The Goods must be checked by or for the Buyer upon delivery with respect to numbers and visible defects and any shortages must be reported within 5 working days from delivery. The Buyer must report defects not visible upon delivery within 5 working days from their discovery, though in any event within five working days from the time that the Buyer should reasonably have discovered them. The possibility of submitting a complaint will lapse in the event that the relevant defect can be attributed to the Buyer.
5. Risk and Title
The risk of loss and damage to Goods shall pass to the Buyer immediately upon delivery being effected.
6. Warranties and Liability
Tanita warrants that Goods will be free from defects in material and workmanship for the applicable period specified in Tanita's guarantee, of which the Buyer receives information with the product. All other conditions, warranties, representations or terms express or implied whether by statute, common law or otherwise in relation to the Goods are hereby excluded.
Tanita shall be under no liability in respect of any defect in the Goods arising from fair wear and tear, neglect, failure to follow the Tanita's instructions, misuse or improper alteration or repair of the Goods.
Where any valid claim in respect of Goods which is based on a breach of the warranty Tanita shall at its option repair, replace or modify the Goods (or the part in question) free of charge or refund to the Buyer the price of the affected Goods (or a proportionate part of the price) and Tanita shall have no further liability to the Buyer.
As part of the warranty claims procedure, Tanita may at its option require the Buyer to complete a faulty Goods report and/or return the Good to Tanita.
Tanita shall not be liable for any loss of income, loss of actual or anticipated profits, loss of business, loss of contracts, loss of goodwill or reputation, loss of business, loss of anticipated savings, or for any indirect or consequential loss or damage of any kind, in each case howsoever arising, whether such loss or damage was foreseeable or in the contemplation of Tanita or the Buyer and whether arising in or for breach of contract, tort (including, without limitation, negligence), wrongful act, breach of statutory duty, indemnity or otherwise.
Tanita's maximum aggregate financial exposure arising out of or in connection with Goods and/or a Contract, whether arising in contract (including, without limitation, a breach of warranty), tort (including, without limitation, negligence), wrongful act, an obligation to repay any amount or otherwise, shall in no circumstances exceed the price payable for the Goods concerned.
The Tanita InnerScan Body Composition Monitors are intended for home use only. This unit is not intended for professional use including hospitals, medical or fitness facilities; it is not equipped with the adequate specifications required for heavy usage. Using the consumer body composition monitors in a professional location and/or manner will invalidate the warranty.
7. Force Majeure
Notwithstanding anything to the contrary in these Conditions, Tanita shall not be liable to the Buyer for any loss or damage which may be suffered by the Buyer as a direct or indirect result of the supply of Goods by Tanita being prevented, hindered, delayed or rendered uneconomic by reason of circumstances or events beyond Tanita's reasonable control including (but not limited to) Act of God, war, riot, strike, lock-out, trade dispute or labour disturbance, accident, break-down of plant or machinery, fire, flood, storm, difficulty or increased expense in obtaining workmen, materials or transport or other circumstances affecting the supply of Goods or of raw materials therefor by Tanita's normal source of supply or the manufacture of Goods by Tanita's normal means or the delivery of Goods by Tanita's normal route or means of delivery.
If due to such circumstances or events Tanita has insufficient stocks to meet all its commitments Tanita may apportion available stocks between its customers at it sole discretion.
In the event that the period during which performance is not possible due to force majeure exceeds 2 months or is expected exceed 2 months, both parties will be entitled to cancel the agreement, without any obligation to pay the damages that may arise as a result.
Unless otherwise agreed in writing by, returned Goods will only be accepted for credit, replacement or repair where they have been returned with an authorisation number issued by Tanita.
9. Proper Law
All Contracts shall be governed by and construed in accordance with the laws of the Netherlands and the Buyer hereby agrees that the competent court of Amsterdam, the Netherlands, shall have exclusive jurisdiction in relation to any claim brought by the Buyer against Tanita, but Tanita shall be entitled to bring a claim against the Buyer in any court that would be competent in the absence of this provision.
10. Waiver and Severability
The failure of Tanita to enforce or to exercise at any time any right pursuant to these Conditions does not constitute, and shall not be construed as, a waiver of such term or right and shall in no way affect Tanita's right later to enforce or to exercise it.
If any term of these Conditions is found to be illegal, invalid or unenforceable under any applicable law, such term shall, insofar as it is severable from the remaining terms, be deemed omitted from these Conditions and shall in no way affect the legality, validity or enforceability of the remaining terms.
In these Conditions:
"Buyer" means the person who purchases the Goods from Tanita. "Conditions" means the standard terms and conditions of sale set out in this document including any special terms and conditions agreed in writing between the Buyer and Tanita. "Contract" means any agreement between Tanita and the Buyer for the purchase and sale of Goods. "Delivery Point" means the place where delivery of the Goods is to take place under Condition 4. "Goods" means goods supplied or agreed to be supplied by Tanita to the Buyer under any Contract between them. "Tanita" means Tanita Europe B.V., a company registered in the Netherlands (registered number 34283024) with its registered office at Hoogoorddreef 56, 1101BE, Amsterdam, the Netherlands.