OM Digital Solutions Repair Terms (UK)
Section 1 Scope
For the business relationship OM Digital Solutions GmbH, Domstrasse 10, 20095 Hamburg, Germany (hereinafter referred to as “OM Digital Solutions”, “we”, “us”) and the party placing a repair order, the following Repair Terms apply in the version valid at the time of the order. OM Digital Solutions does not recognise any deviating conditions of the ordering party unless OM Digital Solutions explicitly agrees to their application in writing.
Section 2 Concluding the contract
Repair orders can be submitted online via the "MyOlympus" website accessible at https://my.olympus-consumer.com/. At the beginning of the repair order process the ordering party will be ask to provide certain details regarding the device to be repaired and to provide evidence of the date of purchase, e.g. by a copy of the purchase invoice ("Purchase Document"). Based on this information the ordering party will be informed prior to the conclusion of a contract whether the repair order is covered by an OM Digital Solutions or Olympus guarantee/warranty (hereafter referred to as "in-warranty") or subject to a service charge (hereafter referred to as "out-of-warranty"). As regards in-warranty repairs, the terms and conditions stated in the European Service Warranty prevail and the following Repair Terms only apply supplementary. Any acceptance of a repair order as in-warranty is subject to a (manual) verification of the Purchase Document by us. In case the Purchase Document shows that repair order actually does not qualify for in-warranty repair, we will inform the ordering party and ask whether a charged out-of-warranty should be performed instead.
Before sending the repair order, the ordering party can view and modify the data at any time. The ordering party issues a binding offer of contract as soon as the ordering party clicks on the Submit for repair button. The repair order can however only be submitted and transferred if the ordering party sets a tick in the corresponding checkbox to accept these Repair Terms and the request is therefore accepted. If the ordering party submits a repair order, we will provide the ordering party with a confirmation of receipt of the order and list the details of such order (order confirmation). This order confirmation does not indicate acceptance of the offer, but rather aims to inform the ordering party that we have received the order. We accept the offer to conclude a repair service agreement at the moment in which the ordering party is charged the price either in full or in part. The ordering party waives receipt of an explicit acceptance declaration. If a repair service agreement is not concluded, then we reserve the right to demand back any performance possibly provided by us. The contractual partner is OM Digital Solutions. OM Digital Solutions does not offer any chargeable services to minors.
Language available for the conclusion of the contract is English. OM Digital Solutions will not store the text of the order after the conclusion of the contract and will not make it is accessible to the ordering party.
Section 3 Right of withdrawal
In case of an out-of-warranty repair (order subject to a service charge), if you are a consumer you will be entitled to a statutory right of withdrawal in accordance with the instructions below. A consumer is a natural person acting for purposes that are wholly or mainly outside that person’s trade, business, craft or profession.
INSTRUCTIONS ON WITHDRAWAL FOR CONSUMERS
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us OM Digital Solutions GmbH, Domstrasse 10, 20095 Hamburg, Germany, email address: firstname.lastname@example.org of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
END OF INSTRUCTIONS ON WITHDRAWAL
Section 4 Repair Services
OM Digital Solutions will apply reasonable care and skill when performing any repair services. In case the device cannot be repaired with commercially reasonable efforts, OM Digital Solutions will inform the ordering party accordingly ("Beyond Repair Notice") and return the device to the ordering party.
The expected turn around time is 10 working days. The turn around time starts with handing over the device to be repaired to the transportation carrier and ends with the return if the device to the ordering party.
For submitting the device to be repaired to OM Digital Solutions, the ordering party has to follow the shipping instructions and use the shipping label made available by OM Digital Solutions. In such case the risk passes to OM Digital Solutions as soon as the device is handed over to the transportation carrier.
After completion of repair OM Digital Solutions will return the device to the ordering party at the address specified in the repair order request.
Section 5 Replacement Device
Subject to availability, OM Digital Solutions may offer the ordering party a replacement device for the duration of the repair service ("Lending Term") at its discretion.
The Lending Term shall begin on the day of receipt of the replacement device and end on the day of receipt of the repaired device respectively the Beyond Repair Notice. The return of the replacement device is carried out by GB R2. Shortly before the end of Lending Term, OM Digital Solutions will get in touch with the ordering party to agree on the date and location of the pick-up service. The ordering party will then receive shipping instructions and a return label which has to be used on the return box.
The replacement device remains the property of OM Digital Solutions. The ordering party shall handle it with due care and in compliance with the instructions for use. The ordering party is responsible for damages, changes to or deterioration of the replacement device, unless such damages, changes or deteriorations are caused by using it in accordance with these terms and the instructions for use. OM Digital Solutions is only responsible for wilful intent and negligence.
In case the ordering party withdraws its repair order, the replacement device has to be returned to OM Digital Solutions without undue delay following the above processes.
Section 6 Prices
The price of an out-of-warranty repair service shown on the website is understood as including value-added tax and standard shipping costs. The costs for premium shipping services are stated separately (if applicable). Any prices exclude bank and credit card charges that may be charged by the payment service provider to you (which therefore OM Digital Solutions is not responsible for).
Section 7 Payment Terms
All payments will be due upon conclusion of the contract. OM Digital Solutions reserves the right to assign its claim against you, including any and all associated rights, to third parties. We generally offer the payment options described below, but we reserve the right - depending on the result of a carried out credit check - to offer you only certain payment methods for your order.
1. PayPal Payments
When using PayPal as a payment method, you pay directly via your PayPal account or by direct debit. Once you have placed your order, you will be forwarded to PayPal, where you will release the payment in the amount of the order value. As soon as our PayPal account has been notified about your payment authorisation, the dispatch will be made according to the respective indicated delivery time.
2. Adyen Payment Methods:
When using a payment method offered by us via our payment service provider Adyen (Adyen N.V.), the payment data may be collected by Adyen. Use of a Adyen payment method will not form any contract between Adyen and you. OM Digital Solutions' claims against the purchaser will be assigned to Adyen and you will be entitled to make payments to Adyen with debt-discharging effect.
Credit card payment: When paying by credit card (Visa or Mastercard), you will be forwarded to our payment service provider Adyen. There you will pay directly by entering your credit card details. After sending your order and entering your credit card details, your credit card will be charged directly.
3. Klarna Payments:
In cooperation with Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following additional payment options.
Sofort: After placing your order, you will be redirected to the website of online provider Klarna. To pay the invoice amount using Sofort, you must have an online banking account using PIN/TAN that has been activated for participation in Sofort, you must authenticate yourself accordingly and confirm the payment order to us. The payment transaction will then be executed immediately, and your account will be debited.
Section 8 Offsetting
The ordering party only has a right to offset payment if the counterclaim is legally binding or if it is not disputed by OM Digital Solutions.
Section 9 Acceptance of Repair Service and Warranty
The repair services shall be deemed accepted if the ordering party has not refused acceptance within 7 days after receipt of the repaired device by stating at least one defect which is not only insignificant and actually exists (or - from an objective view - seems to exist). Any refusal of acceptance shall be notified together with an explanation to email@example.com
If the ordering party is a consumer, the statutory warranty rights apply for all repair services. In case the ordering party is a commercial entity/business person, the warranty period is one year or the statutory warranty period, whichever expires earlier. The warranty period commences in both cases from the moment the repair service has been accepted or is deemed to be accepted.
The assignment of warranty claims by the ordering party is excluded.
Section 10 Liability
OM Digital Solutions is liable to pay damages - regardless of their legal basis - only in case of intent or gross negligence. In any case of simple negligence, OM Digital Solutions shall be liable only for damage based on the breach of a material contractual duty (obligation which makes the proper implementation of the contract possible in the first place and the observance of which the ordering party may regularly rely on); in this case the liability is however limited to the foreseeable, typically occurring damages.
If the ordering party suffers a loss of data due to simple negligence on part of OM Digital Solutions and the recovery of the data is not possible or is significantly impeded due to the ordering party's lack of or inadequate data backup, OM Digital Solutions' liability shall be limited in amount to the damage that would have occurred even with proper data backup.
The foregoing exclusions and limitations of liability shall apply to the same extent in favour of OM Digital Solutions' executive bodies, legal representatives, employees and other vicarious agents.
The limitations stipulated in the foregoing Items shall not apply in case OM Digital Solutions has fraudulently concealed a defect or has assumed an express voluntary guarantee for the properties of the item. The same applies to damages resulting from injury to life, body and health as well as a product liability under the German Product Liability Act or any other product liability act under the law of the country of ordering party's habitual residence.
Section 11 Applicable law and dispute resolution
These Repair Terms are governed by German law. In case the ordering party is a consumer, mandatory statutory provisions of the country of ordering party's habitual residence remain unaffected. Nothing in these terms and conditions affect the ordering party's rights as a consumer to rely on such mandatory provisions of local law. Place of jurisdiction for all disputes under or in connection with this agreement is Hamburg. In case ordering party is a consumer, OM Digital Solutions may only sue ordering party at the competent court of the country of ordering party's habitual residence and (ii) ordering party may sue OM Digital Solutions at Hamburg or at the competent court of the country of ordering party's habitual residence.
Under the Regulation (EU) No. 524/2013, the EU Commission has created a platform for the out-of-court resolution of disputes and this is available from http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to take part in a dispute resolution process before a consumer arbitration authority.
You can contact our complaints department directly by email firstname.lastname@example.org for further information.
Section 12 Model withdrawal form
To OM Digital Solutions GmbH, Domstrasse 10, 20095 Hamburg, Germany, email@example.com
I/We (1) hereby give notice that I/We (1) withdraw from my/our (1) contract of sale of the following goods (1)/for the provision of the following service (1),
Ordered on (1)/received on (1),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
(1) Delete as appropriate.