Terms & Conditions of Sale for Consumers
This page provides you information about ExpandNow Limited (“ExpandNow”, “ExN”, “we”, “our” and or “us”), and the terms and conditions (the “Terms”) on which we sell products in accordance with section 2.1 below (“Product”) through the retailer online store partner website (“our site”) to you. These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Before using our site, please read these Terms carefully and make sure that you understand them. A reference to the singular shall include the plural and vice versa.
Please note:
Before placing an order or making a payment you will be asked to agree to these Terms. If you refuse to accept these Terms you will not be able to order any Products from our site or make payments related thereto. Therefore, if you do not agree to the Terms please do not complete your order.
You should view, read and print a copy of these Terms or save them for future reference. ExpandNow may amend these Terms from time to time as set out below. Every time you wish to order Products or use our site, please check these Terms to ensure you understand the terms which will apply at that time.
If there is any discrepancy between the terms of this document in any other language and the English translated version of this document the terms of the English version shall prevail (unless otherwise required by applicable law).
If the Terms contain special provisions that only apply to consumers in certain countries, the applicability of the respective provision depends on where the consumer has their habitual residence. For example, this means that the provisions that are intended to apply to consumers in the European Union, only apply to those consumers who have their habitual residence in a member state of the European Union.
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When you buy goods online you are entering into a contract called a distance contract. With this type of contract, you do not enter into the contract in person and, unless otherwise specified such as in the Terms of Warranty for employer provided devices, you cannot check the products before you buy. Because of this, you have extra protections under consumer law – see below.
BEFORE YOU BUY
Under consumer law you have a legal right to certain information before and after you buy online.
INFORMATION BEFORE YOU BUY
You have a legal right to information before you buy, including:
The information must be clear, understandable and given to you before you buy.
INFORMATION BEFORE YOU CHECKOUT
The seller must make sure you always know when you are making a payment. Sellers cannot use pre-ticked boxes for additional payments.
INFORMATION AFTER BUYING
You must get a copy of the signed contract or confirmation of your order. The confirmation must be on paper or in another durable format such as email. If there is a dispute about what information was provided, the seller must show they gave you the information.
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1.1 ExpandNow is ExpandNow Limited incorporated and registered in Ireland with company number 747757 and registered address Carlton House – 4th Floor, Henry Street, Limerick, V94 FD80, Ireland acting as merchant of record of the brand or retailer for the retail sale of the Products on the online ecommerce platform.
1.2 CONTACTS. Contacting us
1.2.1. If you wish to contact ExpandNow for any other reason, including because you have a complaint, please do so by emailing ExpandNow at info@expandnow.com.
1.2.2. If we have to contact you or give notice in writing, we will do so by email or by post to the address you provide to ExpandNow in your order.
1.2.3. We also provide a form for contact for consumers/shoppers with any queries regarding an order placed through one of our retailer online store partners www.expandnow.com/help as part of our customer support service.
2.1 We contract with brands and retailers worldwide pursuant to which, as a contracted partner to provide international ecommerce solutions on online stores, ExpandNow is the appointed merchant of record, which enables ExpandNow to sell the retailer’s merchandise to you in your country.
2.2. By placing an order with ExpandNow through our site, you acknowledge that your transaction will be with ExpandNow and not with the respective retailer. You further acknowledge that upon successful verification by us of the authenticity and sufficiency of the information you provide, we will then purchase the merchandise from the respective retailer for the sole purpose of immediately reselling the merchandise to you for the amounts presented and agreed upon when you submitted your order. We will be responsible for fulfilling the order to you.
2.3. Our site will guide you through the steps you need to take to place an order and make a payment with ExpandNow. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
2.4. After you place an order, you will receive an email from us acknowledging that we have received your order. The Contract between us will only be formed when you receive your order confirmation email (“Order Confirmation”).
2.5. If and when applicable, we will send you an email that confirms that the Products have been dispatched (“Dispatch Confirmation“).
2.6. If we are unable to complete the order or we are unable to supply you with a Product despite the Order Confirmation, for example because of an error in the price on our site or the respective retailer’s site, we will inform you of this by email and we will not process your order. If you have already paid for the Product, we will refund you the full amount including any delivery costs charged as soon as possible and will incur no further liability to you.
2.7. You acknowledge that we shall be permitted to verify the authenticity and sufficiency of the information you provide, and if we are unable to verify the information automatically, our representatives may contact you and/or your debit or credit card issuing bank to confirm your identity and/or your intent to place the order.
2.8. Any Products made available through our site are intended for non-commercial use.
2.9. By placing an order or making a payment through our site, you warrant that you are legally capable of entering into binding contracts. Your credit/debit card or other payment method will be billed by us and charges on your statement will be accompanied by the description “ExpandNow”, “ExN”, or similar. You warrant that all the information provided to ExpandNow for the purpose of processing payments is correct and you are authorised to utilise the proffered payment method. You acknowledge that we will be entitled to verify the authenticity and sufficiency of the payment information you provide. ExpandNow reserves the right to cancel your order at any stage in the event that we are unable to verify the information you provide or the payment method that you have selected. In the event of a cancellation by ExpandNow, we will refund you the full amount you have paid.
2.10. METHOD OF PAYMENT. You acknowledge and agree that: (i) ExpandNow will use one of its third party payment processors providers (“Payment Processor“) to process your payment (while ExpandNow is acting as the merchant of record), using the payment method you have selected on checkout and it may use the tools, technology or the services of the Payment Processors to process the transaction on its behalf; and (ii) you will provide valid and current information about yourself.
2.11. You acknowledge and agree that the Payment Processor shall conduct pre-payment screening on you and the information you have provided. These checks are designed to prevent ExpandNow from conducting business with a sanctioned individual, entity or country in violation of any applicable laws and regulatory requirements in the territories we operate (including without limitation all customs laws and regulations and export and import controls administered by the local government (including, but not limited to, the Export Administration Regulations under the U.S. Department of Commerce), the European Union and any other applicable jurisdiction).
2.12. We provide the service of determining the appropriate taxes and duties to be applied where applicable to the importation of the Product by you, and to collect, report and remit these taxes and duties, as applicable, on your behalf, to the appropriate tax authority. For imports into the European Union and the United Kingdom, the resulting taxes and duties are included in your payment and are paid by ExpandNow and there are no additional costs. By accepting these Terms, you authorise ExpandNow to accept any additional claims for levies (additional assessment) from the relevant customs authorities. For certain non-European imports, you will be responsible for the remittance of taxes and duties to the appropriate tax authority. All Products purchased from ExpandNow are made pursuant to a shipment contract where shipment is required to fulfil the order. Title to the Products shall transfer from the relevant retailer to ExpandNow after exportation of the Products. Title subsequently transfers from ExpandNow to you prior to importation of the Product and you shall be the importer of record. Risk of loss in the Product passes to you when the Product is delivered to you.
2.13. By ordering Products from ExpandNow, you hereby authorise where applicable a licensed customs broker chosen by us to act as your agent and transact business with foreign revenue authorities to clear your Products, account for duties and taxes on your behalf, if applicable return your Product and if applicable, prepare and submit refund claims on your behalf for any merchandise that you return.
2.14. The price of your order will be quoted including or excluding taxes depending on the delivery address: (a) Products delivered within Canada will be quoted exclusive of sales tax; and (b) Products delivered within Europe will be quoted inclusive of value added tax. Shipping costs are not included in the price; these will be added at the checkout and will be indicated as a separate charge on your order form (except, in circumstances where free shipping is offered).
2.15. The price is in € (euros), except for Countries with a different currency or at the sole discretion of ExpandNow. The applicable price is the one published on our site at the time orders are placed by you. You should use all reasonable endeavours to ensure that you are aware of the currency being charged on the purchase, and ExpandNow will not be held responsible for any loss or damage due to the use of a different exchange rate where so accepted in the order.
2.16. We also reserve the right, in our sole discretion to decline or cancel an order (in full or part) in case of actual or suspicious circumstances (related to us, you or any third party) of a good faith, genuine or honest error, mistake or misunderstanding (an “Error”) where without such Error the order would not have been accepted or dispatched and a Contract to sell the Product(s) underlying the order would not have been agreed to or when such Error was abused by you to purchase such quantity of items which otherwise would not have been purchased or considered to be a regular order. An example could be a speciously low price for an item otherwise costing significantly more and not in the context of a ‘sale’ or special promotion. We will be under no obligation to honour an Order Confirmation in such erroneous circumstances. Quantity limits (per order, per address or otherwise) may apply in relation to certain Products, and exceeding orders could be declined at any time for that reason, without notice. Unless otherwise required by applicable law, we are not required to provide a reason for declining or cancelling any order, though we may do so at our sole discretion. In the event of a cancellation by ExpandNow for such an Error, we will refund you the full amount you have paid.
2.17. The transaction statement (of your chosen payment method) regarding the order you placed with us will look substantially like this “**ExpandNow // brand or retailer**”
If you purchase goods from us, these TERMS AND CONDITIONS OF SALE will apply to the sales. No goods can be purchased directly through www.expandnow.com. Expandnow.com is a site operated by ExpandNow. To contact us, please email: info@expandnow.com.
3.1. Please read these TERMS OF USE carefully before you start to use any and all parts of ExpandNow.com. By using ExpandNow.com you indicate that you accept this Clause 3 and that you accept and agree to abide by them. If you do not agree to the TERMS OF USE, please immediately cease all usage of ExpandNow.com.
3.2. We do not guarantee that our site or ExpandNow.com or any content on it will always be available or be uninterrupted. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw, discontinue or change all or any part of the site without notice. We will not be liable to you if for any reason all or any of our sites or ExpandNow.com are unavailable at any time or for any period.
3.3 You are responsible for making all the necessary arrangements for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms, and that they comply with them.
3.4. We may modify and revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
3.5. Note to consumers in Germany. Section 3.4 shall only apply to the extent any changes do not unreasonably disadvantage you. If changes are made, we will notify you within a reasonable period and inform you of your rights. You have the option to close your customer account at any time. Revisions to these Terms shall not impact this “Note to Consumers in Germany.”.
3.6. We may update our site or ExpandNow.com from time to time and may change the content at any time. Special provisions for consumers in Germany under section 3.5 shall apply mutatis mutandis.
3.7. Access to certain areas of our site is restricted. We reserve the right to restrict access to other areas of our site or ExpandNow.com, or indeed the whole of either site, at our discretion.
3.8. The use of our sites by a minor (an individual under 18 years of age) is subject to the consent of their parent or guardian and our Contract is with the parent or guardian, who is responsible for the minor’s compliance. In any event our site or ExpandNow.com is not to be accessed by an individual under 13 years of age. We advise parents or guardians who permit minors to use the site that it is important that they communicate with minors about their safety online, as moderation or vetting of advertisements is not guaranteed or fool-proof. Minors who are using any interactive service should be made aware of the potential risks to them.
3.9. You must not use our site or ExpandNow.com in any way that causes, or may cause, damage to the site or impairment of the availability or accessibility of the site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity including but not limited to using our site to copy, store, host, transmit, send, use, publish or distribute any material; gaining unauthorised access to our site; collecting data from our site; sending unsolicited commercial communications via our site; and/or without limitation performing any act that is inconsistent with the purpose of this site: to take in and fulfil consumer orders.
3.10 Where necessary ExpandNow will report any breach of these Terms to the relevant law enforcement authorities and if and to the extent allowed under applicable data protection law, we will co-operate with those authorities by disclosing your identity and/or your personal information to them. In the event of such a breach, your right to use our site or ExpandNow.com will cease immediately.
3.11. We reserve all rights, title and interests in our and our affiliates’ intellectual property rights including without limitation, any patents, trademarks, service marks, copyright, database rights, design rights, know-how, confidential information and any other similar protected rights in any country.
4.1. By using our site, you authorise us to process payments, refunds and adjustments for your transactions, remit funds to your bank account where applicable, charge your credit card or debit the account linked to your debit card, as applicable, and pay us and our affiliates any amounts you owe in accordance with these Terms.
4.2. We may at any time require you to provide any financial, business or personal information we request to verify your identity. You will not impersonate any person or use a name which you are not legally authorised to use. You authorise us to verify your information (including any updated information) and to obtain an initial credit authorisation from your credit card issuer.
5.1. Your Dispatch Confirmation will contain delivery information which will allow you to track the delivery of your Products (where such service is made available). Occasionally our delivery to you may be affected by an Event Outside Our Control. See section 10 for our responsibilities when this happens.
5.2. If no one is available at your address to take delivery, the carrier may leave a delivery attempt notice to advise that the merchandise has been returned to their local depot. If this occurs, please contact the carrier at the number listed on the delivery attempt notice. If you have further issues, please contact ExpandNow on info@expandnow.com.
5.3. Delivery of an order shall be completed when we deliver the Products to the address you gave us, or you collect such Products from us.
5.4. Occasionally, part of an order may be out of stock or backordered by the respective retailer. If not agreed otherwise in these Terms (particularly under section 10), we are not responsible for delays in your order due to backorder situations or delays caused by the retailer, and shipments of your Products will only be made after the Products have arrived at the relevant depot where so applicable.
5.5. Products are shipped to you based on the information which you provide to ExpandNow and you are responsible for the accuracy of such information. If any regulations are breached (including but not exclusively export/import regulations) due to inaccurate information provided by you then you are responsible for such breach.
5.6. Our carrier may contact you to arrange deliveries, confirm delivery details and rearrange deliveries (where applicable) from time to time.
5.7. If you have chosen cash on delivery as your preferred method of delivery and payment (where such option is available):
5.7.1 we have discretion to reject certain modes of payment;
5.7.2 we only accept payments in the local currency; and/or
5.7.3. should you not accept the order or make full payment at the time of delivery, we reserve the right to refuse to deliver the Products.
Please note: All returned items must be returned on a duty paid service. Any items returned via the duty unpaid option will not be accepted.
Except as otherwise provided in section 8, the following section applies with respect to standard returns. Please see below for more information regarding Faulty Merchandise and your Right of Withdrawal.
6.1 Details on how you can cancel your order or return your Products (where permissible) including the address to which Products must be returned and the time limits for returns, will be provided via a link to the returns information when you email us at returns@expandnow.com.
6.2. Returns must only be sent to the address indicated in the Return Confirmation email. These details will be provided with the delivery package containing your order or in the Dispatch Confirmation email.
6.3. Returned Products must be in new condition with tags attached (or if so specifically described a non-new or previously used merchandise item then in the condition that the Product was accepted by you as being in at the point of order acceptance) and must be accompanied by the original receipt or invoice. All returned Products are sent at your own risk. If you have received a return label, you must use the return label provided when you email us at returns@expandnow.com in the Return Confirmation email.
6.4. All refunds are subject to strict quality control, inspection and verification within our return centres. If the returned Products are not fully resaleable, whether through a damage of the Product or the packaging, we reserve the right to refuse a refund partly or in total.
6.5. Only in cases where the details of the returned Products have been provided in line with the Return Confirmation email instructions will we reimburse you for the actual paid price of the returned item and such other fees if applicable pursuant to these Terms.
A template of the Model cancellation form:
[Complete and return this form only if you wish to cancel the contract.]
(*) Delete as applicable.
6.6. You will be refunded by ExpandNow to the credit/debit card or other payment method provided by you when the order was originally placed. The refund will be processed as soon as practicable but within fourteen (14) working days of the Product arriving to us at the specified return centre in a perfect resalable condition.
6.7. Deductions may be made from refunds where such returned Products are returned in an unacceptable condition.
6.8. We acknowledge that any Products returned on the basis of being faulty shall not be subject to this section and no provisions within these Terms shall affect your statutory consumer rights. All returns of faulty Products will be governed under Consumer Rights Act 2022.
6.9. Certain goods may not be suitable for return. In the event that a Product is not suitable for returning, please refer to your order confirmation email and you will be advised as to how your refund may be processed in accordance with the policies and procedures set out therein.
7.1. We are under a legal duty to supply merchandise that is in conformity with this Contract. If you wish to return merchandise which is faulty or non-conforming, you can email ExpandNow at returns@expandnow.com stating that you believe the Product is faulty or non-conforming and we shall provide instruction to return the Product.
7.2. If you choose to return your faulty or non-conforming merchandise, we will first need to confirm that it is faulty, damaged, or does not correspond to the description on the brand or retailer website. Once confirmed, we will refund the cost of the merchandise and the original shipping and handling charges paid by you. If we determine the merchandise is not faulty, you will not be entitled to a refund and we will return the merchandise to you at your cost. Please see the “Returns” section above for more information regarding how you can complete your return.
7.3. We will usually credit the refund back to the form of payment that you used to pay for the merchandise within approximately fourteen (14) days from the date that we receive the merchandise. Please note, it may take longer for the refund to appear on your payment card statement.
8.1. Subject to section 8.2 below, you may cancel your order for any reason without penalty for up to fourteen (14) days after the delivery of the Product.
8.2. Your right of cancellation shall only apply in circumstances where we are legally obliged to provide such a right to you in your respective jurisdiction. The right to return (or exchange) Products under this section does not apply to Products
8.2.1. (i) made to your specification; or
8.2.2. (ii) which have been personalised; or
8.2.3. (iii) which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly; or
8.2.4. (iv) where sealed Products have been supplied which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery.
8.3. WITHDRAWAL POLICY
CONSUMERS IN GERMANY. In the event of conflict between the German and the English translations of Section 8.3 the German version shall prevail for consumers in Germany.
RIGHT OF WITHDRAWAL
You have the right to withdraw this Contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.
To exercise your right of withdrawal, you must inform ExpandNow (ExpandNow Limited incorporated and registered in Ireland with company number 747757 and registered address Carlton House – 4th Floor, Henry Street, Limerick, V94 FD80, Ireland, email info@expandnow.com) of your decision to withdraw from this Contract.
For this purpose, you may use the example model withdrawal form, which is, however, not mandatory. You may also electronically fill in and submit the model withdrawal form or another clear statement via the order confirmation email and/or your Dispatch Confirmation via a link to the returns information provided when you email us at returns@expandnow.com.
If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by email). In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
8.4. MODEL WITHDRAWAL FORM
A template of the Model cancellation form:
If you wish to withdraw the Contract, please complete and return this form.[Complete and return this form only if you wish to cancel the contract.]
(*) Delete as applicable.
The following applies with regard to product warranty and ExpandNow liability:
Please refer to the TERMS OF WARRANTY:
[CLIENT NAME:] https://CLIENTNAME.expandnow.com/warranty
Subject to deviating provision under section 9.7 and 9.8 for Consumers in Germany (for which solely the provisions in these sections 9.7 and 9.8 shall apply) the following applies with regard to product warranty and ExpandNow liability:
9.1. Any warranty related issues arising in respect of a Product should be communicated to the respective retailer’s customer support team at warranty@expandnow.com. In these circumstances, we will provide a refund or replace the product as appropriate and solely upon instruction from the retailer.
9.2 ALL PRODUCT DESCRIPTIONS AND SPECIFICATIONS ARE PROVIDED TO EXPANDNOW BY THE RETAILER. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF SUCH DESCRIPTION OR SPECIFICATION. WE PROVIDE NO WARRANTIES, GUARANTEES OR COVENANTS OF ANY KIND RELATING TO THE FITNESS, QUALITY, SAFETY, OR INABILITY TO USE, OR INABILITY TO HAVE REPAIRED OR SERVICED, ANY PRODUCT PURCHASED BY YOU. TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO FITNESS, QUALITY, OR SAFETY OF THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED AT LAW, WE WILL NOT BE LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), OR UNDER ANY STATUTORY IMPLIED TERM) FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS PURCHASED OR OBTAINED, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. OUR MAXIMUM LIABILITY TO YOU IS THE AMOUNT CHARGED TO YOUR CREDIT CARD OR OTHER FORM OF PAYMENT. DESPITE ANYTHING ELSE CONTAINED IN THESE TERMS. NEITHER PARTY EXCLUDES ANY LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT ONLY THAT IT ARISES AS A RESULT OF THE NEGLIGENCE OF THAT PARTY, ITS EMPLOYEES, AGENTS OR AUTHORISED REPRESENTATIVES.
9.3. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or ExpandNow.com or any content on it, whether express or implied.
9.4. ExpandNow will not be liable to any user for any loss or damage arising under or in connection with:
9.4.1. Use of or inability to use our site or ExpandNow.com, or
9.4.2. Use of or reliance on any content displayed on our site or ExpandNow.com.
9.5. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our sites or ExpandNow.com or to your downloading of any content on it, or on any website linked to it.
9.6. We assume no responsibility for the content of websites linked on our sites or ExpandNow.com. Such links should not be interpreted as endorsement by ExpandNow of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
9.7. If any Product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make the brand or retailer aware of the problem, in accordance with your legal rights under applicable laws. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform the brand or retailer as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights under applicable law.
9.8. For clarity, the following WILL NOT be covered by a warranty, any defects or damage caused:
9.8.1. by accidental events, or
9.8.2. by your responsibility, or
9.8.3. by your use of the Product not in accordance with their intended use, or
9.8.4. by normal wear and tear, or
9.8.5. by your misrepresentation of product condition subject to the fact that the product in question has been in the continuous possession and use of you as an employer-provided product user before the date when you placed your order on our site.
FOR CONSUMERS IN GERMANY
9.9. Regardless of deviating provisions in this section 9, the German consumer’s statutory warranty rights for defects of goods remain unrestricted and can thus be asserted by them within the scope of the legally mandatory scope to be granted by ExpandNow.
9.10. Regardless of deviating provisions in this section 9, the following applies with respect to liability provisions and limitations (both in manner and amount) for consumers in Germany:
9.10.1. We shall be liable without limitation to the extent that the cause of the damage is based on an intentional or grossly negligent breach of duty by ExpandNow or a legal representative or vicarious agent of ExpandNow.
9.10.2. Furthermore, we are liable for the slightly negligent breach of material obligations. Material obligations are obligations whose breach jeopardizes the achievement of the purpose of the contract or whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance you regularly rely. In this case, however, ExpandNow shall only be liable for the foreseeable damage typical for this type of contract. ExpandNow shall not be liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.
9.10.3. No limitation of liability shall apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the Product and for fraudulently concealed defects. Liability under the German Product Liability Act shall remain unaffected.
9.10.4. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, representatives and vicarious agents.
10.1 ExpandNow will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in section 10.2.
10.2. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, health crisis or other natural disaster, or failure of public or private telecommunications networks, backorder situations or delays caused by the retailer or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
10.3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
10.3.1. you will be contacted as soon as reasonably possible to notify you; and
10.3.2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
10.3.3. you may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days from the date of order. To cancel please contact us at info@expandnow.com. If you opt to cancel, you will have to return any relevant Products you have already received (where appliable in accordance with these terms and conditions), and we will refund the price you have paid, including any delivery charges (where applicable).
11.1. International authorities such as UNECE and the IATA Dangerous Goods Regulations classify Products containing fragrances and perfumes as dangerous goods (“Dangerous Goods”) and as such these Dangerous Goods are subject to strict shipment requirements. The returns process for Dangerous Goods differs from the returns process for non-Dangerous Goods, and will be communicated in our Return Confirmation email response to an email by you to returns@expandnow.com where applicable.
FOR CONSUMERS IN THE UNITED KINGDOM
11.2. If you make your purchase in the United Kingdom and wish to return your fragrance(s) or other Dangerous Goods (if appliable), all shipping and handling charges are prepaid, and no subsequent payment will be payable by you for the returns service. The Dangerous Good you are returning must be in a fully resaleable condition i.e. unopened and unused and the packing must not be damaged.
11.3. To return your Dangerous Goods, you should only follow instruction provided by us in our Return Confirmation email response to an email by you to returns@expandnow.com specifying the Dangerous Goods to return and generate your returns label. ExpandNow will notify you when the returned Dangerous Goods are received into the ExpandNow returns facility. The returned Dangerous Goods will be inspected at the ExpandNow returns facility for confirmation and we will refund any amounts due to you. Deductions may be made from refunds where any such returned Dangerous Goods are returned in an unacceptable condition. If the returned Dangerous Goods are not fully resaleable or the packaging is damaged, we reserve the right to refuse a refund.
FOR CONSUMERS IN THE EUROPEAN UNION
11.4. If you make your purchase in the European Union (excluding United Kingdom) ExpandNow will provide you with an online returns label communicated in our Return Confirmation email response to an email by you to returns@expandnow.com, which will include the applicable ExpandNow return address. You shall pay all shipping and handling charges from your address to the ExpandNow return address. The Dangerous Good you are returning must be in a fully resaleable condition i.e. unopened and unused and the packing must not be damaged.
11.5. You are required to inform the carrier that the returns package contains fragrances and or perfumes, and this will also be notified to you in our Return Confirmation email response to an email by you to returns@expandnow.com. Once the Dangerous Goods are returned to the ExpandNow returns address, we will inspect the returned Dangerous Goods and we will refund any amounts due to you. Deductions may be made from refunds where any such returned Dangerous Goods are returned in an unacceptable condition. If the returned Dangerous Goods are not fully resaleable or the packaging is damaged, we reserve the right to refuse a refund.
FAULTY DANGEROUS GOODS
11.6. Further to section 6.8 to return your damaged or faulty Dangerous Goods you should contact ExpandNow at returns@expandnow.com.
PERSONALISED PRODUCTS
The ability of ExpandNow to fulfil any personalised order is subject to availability of:
the Product/stock; and
the materials requested/required.
The manufacturing time and/or the shipping time of any such Products may be affected due to Product or material constraints.
INDEMNITY
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.
FOR CONSUMERS IN GERMANY
The foregoing indemnification provision in section 13.1 shall not apply if you are not responsible for the breach. In addition, the foregoing indemnification provision shall not apply if it is merely an allegation that you have breached a provision of these Terms, but a culpable breach on your part cannot be established.
12.1. Without prejudice to our other rights under these Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to our site or Expandnow.com, prohibiting you from accessing our site or Expandnow.com, blocking computers using your IP address from accessing our site or Expandnow.com, contacting your internet service provider to request that they block your access to our site or Expandnow.com if and to the extent allowed under applicable data protection law and/or bringing court proceedings against you.
13.1. The EU (Online Dispute Resolution for Consumer Disputes) Regulations 2015 requires all traders established in the European Union, who engage in online sales or services contracts, and all online marketplaces established within the European Union to provide:
13.1.1. an electronic link to the ODR Platform which is available at http://ec.europa.eu/consumers/odr/
13.1.2. a point of contact if you wish to contact ExpandNow directly regarding your Online Dispute you can do so at ODR@expandnow.com.
FOR CONSUMERS IN THE UNITED KINGDOM
13.2. In considering cross-border alternative dispute resolution (ADR) from the end of the Brexit transition period Businesses and consumers in the UK are no longer able to use the Online Dispute Resolution (ODR) platform which links consumers with ADR providers in the EU.
13.3. The Online Dispute Resolution Regulation is revoked by the Consumer Protection (Amendment etc.) (EU Exit) Regulations 2018. The Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019 were made on 1 March 2019and came into effect on 1 January 2021. From 1 January 2021, businesses and consumers in the UK are no longer able to use the ODR platform. However, UK consumers can still access ADR entities in EU countries, just not through the ODR. Please note, in addition, online traders selling in the UK are no longer obliged to provide consumers with information about the EU’s ODR platform on their websites.
13.4. The following continues to apply to UK traders:
13.4.1. if the trader is obliged (by law, contract or trade association membership) to use the services of an ADR entity it must include the name and address of an ADR entity on its website or sales terms
13.4.2. if the trader has exhausted its internal complaint handling procedure following the initiation of a dispute, it must inform the consumer of the name and website address of an ADR entity that would be competent to deal with the complaint (albeit the trader does not need to engage with such ADR)
13.5. Arbitration – Arbitration is not regulated by the EU and was not affected by Brexit. Arbitration proceedings continue to be regulated within the jurisdictions of:
England and Wales and Northern Ireland by the Arbitration Act 1996
Scotland by the Arbitration (Scotland) Act 2010
FOR CONSUMERS IN GERMANY
13.6. To comply with our information obligation according to Section 36 of the Act on Alternative Dispute Resolution in Consumer Matters (VSBG), we hereby declare that TO THE MAXIMUM EXTENT ALLOWED BY LAW we are neither obligated nor willing to participate in dispute resolution proceedings at a consumer arbitration board.
14.1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
14.2. This Contract is between you and us. No other person shall have any rights to enforce any of its terms
14.3. We only use your personal information in accordance with our Privacy Notice at https://CLIENTNAME.expandnow.com/privacy-policy/. Please take the time to read our Privacy Notice carefully, as it includes important terms which apply to you. To the extent permitted under applicable data protection law, particularly for the purpose of performance of the Contract, the retailer may also use your personal information, in accordance with their own separate Privacy Policy which can be found on their website.
14.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are invalid, unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. If any provision is deemed unenforceable due to being too broad or for any other reason, the parties agree to substitute a lawful provision that gives effect to the original intent of the parties as closely as possible.
14.5. Nothing expressed or mentioned in or implied from these Terms is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to these Terms. These Terms and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of us, our affiliates and you.
14.6. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
14.7. ExpandNow reserves the right to modify these Terms at any time by posting the changes on the checkout or the retailer online store. Such change, subject to section 3 of these Terms, will take effect on the posting date of the revised Terms, and your use of the checkout after such changes have been posted means that you agree to be bound by the Terms as modified. Please check this page from time to time to take notice of any changes we made, as they are binding on you. However, no such change will affect any Order Confirmation that you have already received.
14.8. These Terms constitute the entire agreement with respect to the subject matter of the order.
14.9. GOVERNING LAW. Please note that these Terms are governed by Irish law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by Irish law. You and we both agree that the courts of Ireland will have non-exclusive jurisdiction.
14.10. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, including section 16.9, affects your rights as a consumer to rely on such mandatory provisions of local law.
FOR CONSUMERS IN THE EUROPEAN UNION
14.11. If you are a consumer habitually resident in the European Union, you also enjoy the protection of the mandatory provisions of the law of your country of residence. In that case, you may choose to bring claims relating to these Terms arising from consumer protection standards in both Ireland and the member state of the European Union in which you have your habitual residence.
