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Terms of Purchase |
These Terms of Purchase govern any order or purchase you (the customer completing this order, "you" or "Customer") make on this website (the "Site") operated by Globalstar Europe Satellite Services Ltd ("GESS"). By clicking on the "I Agree" button, you agree to be bound by these Terms of Purchase whether or not you have read them. If you do not agree to these Terms of Purchase, cancel your order now. Please print a copy of these Terms of Purchase for your records.
1. Ordering Process
All advertisements on this Site are invitations to purchase and not offers to sell. GESS reserves the right, at its sole discretion, to accept or reject the order once the order form has been completed and submitted. Receipt of your order will be confirmed via an automatic e-mail to the e-mail address associated with your account. Such e-mail is a confirmation that your order has been received by GESS but does not constitute acceptance of your order. Your order represents an offer to purchase. Acceptance of your order will take place when we despatch the goods to you. GESS reserves the right at any time after receipt of your order to accept or decline your order for any reason and GESS will contact you at the e-mail address provided in the order form of its decision to accept or reject your order. In the event that GESS rejects the order, GESS will have no obligation to fulfil your order and you will have no obligation to pay GESS for the order.
2. Availability
The purchase of products on this Site is subject to availability. In the event that GESS advises you that such products are no longer available, GESS will have no obligation to fulfil your order and you will have no obligation to pay GESS for the order.
3. Price
You agree to pay GESS the amount set out as the "Total" in Step 3 of 3 - Order Confirmation (the "Fee"). The Fee is quoted in Euros and includes shipping and handling and all applicable taxes including VAT.
4. Method of Payment
You may pay for your purchase using VISA or MasterCard and you authorize GESS to charge the applicable card for the Fee and you represent and warrant that you are the cardholder of the applicable card. Payment will be debited from your account before the despatch of your order. If your card is rejected by the card issuer, your order will not be processed or shipped and GESS will have no obligation to fulfil your order.
5. Shipment
Your order will be shipped to the delivery address specified by you in Step 3 of 3 - Order Confirmation. GESS is not responsible for any loss of the products following shipment from GESS or its agents` facilities to your delivery address. GESS will use commercially reasonable efforts to despatch your order to you within 72 hours of the order date.
6 Distance Selling - Rights of Consumer to cancel contract:
Where Customer is a "consumer" as defined in The Consumer Protection (Distance Selling) Regulations 2000, Customer may cancel their contract with GESS up to and including seven days after receipt by Customer of the goods supplied by GESS, subject to:
notification of the cancellation by Customer to GESS in writing, to be sent by Customer no later than seven days after receipt by Customer of the goods supplied by GESS;
payment of all airtime used and all charges incurred by the Customer in the period before notice of cancellation is given to GESS; and
cessation by Customer of all use of the Globalstar System and any goods provided by GESS immediately upon sending of the notice of cancellation to GESS.
Where Customer's notification of cancellation is received by GESS after any goods provided under the contract with GESS have been despatched to Customer, Customer is responsible for sending the goods back to GESS at Globalstar Europe Satellite Services Ltd., Unit 7, Ballinteer Business Centre
Ballinteer Ave., Dublin 16, Ireland at Customer's own cost and risk as soon as possible. Customer must take reasonable care of the goods when they are in their possession.
Customer does not need to give GESS any reason for cancelling the contract with GESS pursuant to paragraph 6 (a) above nor will Customer have to pay to GESS any penalty in respect of such cancellation.
7. Cancellation and Exchanges
Unused products may be returned within 30 days from the date of receipt of products in their original packaging with proof of purchase. Returns are subject to a re-stocking fee of 25 per cent. of the invoice value of the goods. Where this contradicts paragraph 6, paragraph 6 is deemed to be operative.
8. Conditions of Use
You agree to only use any product purchased on this Site in accordance with its accompanying documentation. For products purchased on this Site that require installation (including, but not limited to, car kits and fixed units): note that while the manufacturer of products purchased on this Site may include installation instructions with the product, improper installation of a product could lead to personal injury or property damage, and GESS does not recommend that installation of any such product be performed other than by a GESS-authorized dealer.
9. Activation of Services
All phone purchases require the selection of an airtime price plan to enable phone service. For more information on the available plans or to activate upon delivery of your phone, call Globalstar Customer Care at +353-1-296-2525. Please see End User Terms and Conditions for all details concerning subscription to the Globalstar system including credit requirements.
10. Changes to the Terms of Purchase
GESS may at any time modify these Terms of Purchase without notice being given to you.
11. Disclaimer of Warranties
Warranties may be provided for products on this website. Please see the GESS SATELLITE TELEPHONE AND ACCESSORIES WARRANTY for complete details of warranty coverage.
12. Limitation of Liability
IN NO EVENT SHALL GESS OR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS PURCHASED ON THIS SITE OR THEIR USE OR MISUSE, EVEN IF GESS OR SUCH AFFILIATES HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. GESS`S ENTIRE LIABILITY IN CONNECTION WITH ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS PURCHASED ON THIS SITE AND ANY USE MADE THEREOF (SOLELY TO THE EXTENT THAT SUCH USE IS MADE IN ACCORDANCE WITH ACCOMPANYING PRODUCT DOCUMENTATION) SHALL BE LIMITED TO ALL FEES PAID BY YOU TO GESS HEREUNDER FOR THE PURCHASE OF SUCH PRODUCT. FOR GREATER CLARITY, GESS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE MISUSE OF ANY PRODUCTS PURCHASED ON THIS SITE (IF THE USE IS NOT IN ACCORDANCE WITH THE ACCOMPANYING PRODUCT DOCUMENTATION). THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, GESS WILL NOT BE RESPONSIBLE, NOR SHALL GESS HAVE ANY LIABILITY, FOR ANY DAMAGES, COSTS OR EXPENSES, INCLUDING (WITHOUT LIMITATION) FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING OUT OF INSTALLATION OF ANY PRODUCTS PURCHASED ON THIS SITE OR ANY OTHER EQUIPMENT USED IN CONNECTION WITH GESS`S SERVICES OTHER THAN IN ACCORDANCE WITH THE MANUFACTURER`S INSTALLATION INSTRUCTIONS.
13. Your Indemnity
YOU AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND GESS AGAINST ALL CLAIMS RELATING TO YOUR MISUSE OF ANY PRODUCT PURCHASED ON THIS SITE. YOU AGREE TO REIMBURSE GESS FOR ANY AND ALL COSTS AND REASONABLE LEGAL FEES INCURRED BY GESS IN DEFENDING ANY CLAIMS RELATING TO YOUR MISUSE OF ANY SUCH PRODUCT.
14. Governing Law
These Terms of Purchase shall be governed by, construed and enforced in accordance with the laws of the Republic of Ireland and the laws of the Republic of Ireland applicable therein. The parties hereby expressly agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods as amended, replaced or re-enacted from time to time.
15. General
Except for the Terms and Conditions of Use which govern your use of this Site, these Terms of Purchase constitute the entire agreement between you and GESS with respect to any purchase made by you on this Site and supercede all previous agreements, understandings and representations relating thereto. No failure by GESS to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of this Agreement or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of this Agreement, as the case may be, or legality, validity or enforceability of that provision or part thereof in any other jurisdiction. GESS shall not be liable for any delay or failure to perform any of its obligations under these Terms of Purchase if such delay or failure is due to causes beyond its control. You may not assign these Terms of Purchase to any third party without the prior written consent of GESS. These Terms of Purchase will be binding upon and will enure to the benefit of (i) you and your heir, executor, administrator and other legal representatives; and (ii) GESS and it successors and assigns. In the event of an inconsistency between the Terms and Conditions of Use and these Terms of Purchase, the wording in these Terms of Purchase shall prevail.
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