Terms & Conditions
1.1 This Web Store is hosted by Luzern Technology Solutions Ltd., B2, Ballycoolin Business Park, Ballycoolin Road, Blanchardstown, Dublin 15. Registered in Ireland: No. 361832 (“Luzern”) an authorised reseller of TCT Mobile Europe. If you have any questions regarding the Web Store or these terms and conditions, or in the unlikely event that you have any complaints about any products or services purchased by you from this Web Store, you can reach us at email@example.com
2.1 These terms and conditions, together with any other policies or documents referred to in these terms and conditions (including any policies or documents to which a link is provided from these terms and conditions) (together “Terms”) apply to all orders submitted by you for products and services made available by Luzern for purchase over the Web Store. Please read these Terms carefully.
2.2 Please note that when you purchase any products or services through this Web Store, you are purchasing those products and services from Luzern, and not from TCT Mobile Europe. These Terms form a contract between you and Luzern
2.3 Please note that these Terms do not affect your statutory rights as a consumer.
2.4 Please note that any personal data submitted by you will be treated confidentially and will not be shared with 3rd parties, unless required by law or for processing of the orders.
3. Acceptance of Orders
3.1 You agree that your order is an offer to purchase the products (“Products”) and services (“Services”) listed in your order on these Terms. All orders submitted by you are subject to acceptance by Luzern. Luzern may choose not to accept your order for any reason without liability to you.
3.2 After you submit an order to Luzern, Luzern will send you an order acknowledgement email with your order number and details of the Products and Services you have ordered. Please note that this email is an acknowledgement that Luzern has received your order and is not an acceptance of your order. A confirmation email will then be sent to you when your accepted order has been despatched. Acceptance of your order and the formation of a contract of sale between you and Luzern will not take place unless and until the Products have been despatched to you or, in the case of Services, when Luzern first start to provide the Services to you.
4.1 All prices on this Site are stated in Euro and GBP and include VAT. They do not include any sales tax payable on product, delivery charges.
4.2 Luzern endeavours to ensure that all pricing information on the Web Store is correct. Occasionally, however, an error may occur and Products and Services may be mispriced. If a Product’s or Service’s correct price is lower than the price stated on the Web Store, Luzern will charge the lower amount and send you the Product or provide you with the Service. If a Product’s or Service’s correct price is higher than the price stated on the Web Store, Luzern will contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order. Luzern will not be obliged to supply Products or Services at any incorrect price.
5. Payment Terms
5.1 The total cost of your order will be the purchase price for the Products and/or Services, any delivery charges and any card processing charges. Unless otherwise agreed in writing prior to Luzern’s acceptance of your order.
5.2 Please note that, unless Luzern notifies you otherwise prior to Luzern’s acceptance of your order, Luzern will only accept payment in the currency of the territory in which your delivery address is located.
5.3 If you are using a credit/debit card you confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment Luzern will not accept your order and Luzern will not be liable for any delay or non-delivery and Luzern is not obliged to inform you of the reason for the refusal. Luzern is not responsible for your card issuer or bank charging you as a result of Luzern’s processing of your credit/debit card payment in accordance with your order.
5.4 For customers with credit accounts – you will pay the price of the Goods in accordance with the approved credit application form signed by Luzern. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request.
If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:
- Appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer)
- Charge the buyer interest (both before and after any judgement) on the amount unpaid, at the rate of 4% per annum above Allied Irish Bank base rate from time to time, until full payment is made (a part of a month being treated as a full month for the purpose of calculating interest).
- Cancel any other contract between the Buyer and the Seller or suspend any further deliveries to the Buyer under any such contract.
- Payment on account must be paid in full, strictly 30 days from date of invoice. Any other variance must be agreed in writing by a company Director.
- Special orders may require payment in advance.
- All other methods of payment must be cleared funds, before dispatch.
Legal ownership, or title, to the goods will not pass from the seller (Luzern) to the buyer until the buyer has paid for the goods. Luzern has the right to enter the buyer's premises to repossess the goods if required
The buyer has the obligation to:
- Store the goods separately from goods belonging to third parties;
- Mark the goods as the seller's property;
- Allow the seller access to the buyer's premises to verify that the obligations are being complied with.
Luzern also reserves title in all goods supplied to the buyer until the buyer has settled all outstanding invoices from Luzern
6.1 Where Luzern elects, or is required by applicable law, to issue or make available an invoice, Luzern reserves the right to issue or make available electronic invoices and you agree to such form of invoicing. If electronic invoicing is used, Luzern will give you the option to print off a copy of your invoice in HTML format with a “print friendly” facility on the page.
7.1 Any Services Luzern provides or makes available to you or which are purchased by you may be subject to additional terms. Any such terms will be brought to your attention before you purchase those Services. Please note that those terms shall apply to the relevant Services in addition to these Terms.
8.1 Please also note that, when ordering from Luzern from outside the European Union, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the Products or Services.
9. Delivery and risk
9.1 Subject to Clause 9.3 below, orders will be sent to the delivery address that you have given on your order form. Luzern Solutions cannot be held responsible if that delivery address is incorrect. Please note that, unfortunately due to logistics issues, we may not be able to deliver to your address.
9.2 Luzern Solutions currently only delivers Products and Services to the countries listed in the check-out form. Please also note that Luzern is unable to deliver Products or Services to any country other than that listed unless otherwise stated therefore your delivery address and billing address must be among this list.
9.3 While Luzern Solutions will try to meet any despatch estimates that it gives you, please note that they are just that: they are not guarantees and should not be treated as such. Accordingly, you agree that products may not necessarily reach you in the desired time.
9.4 Once a Product has been received by you, all risk of damage to, or loss of, the product shall pass to you.
10. Cancellation and returns
10.1 Should you wish to cancel or return any Products or cancel any Services, you may do so in accordance with Luzern’s Cancellation & Returns Policy provided in article 21 below. This Cancellation & Returns Policy does not affect your statutory rights as a consumer.
11. Age Requirements
11.1 If you order a Product or Services, to which a minimum age requirement applies, by ordering that Product or Service you confirm that you are of the required age. If Luzern reasonably believe that you are not legally entitled to order a Product, Luzern reserve the right to cancel your order.
12.1 To the maximum extent permitted by applicable law, any express warranty TCT Mobile Europe offers you in respect of a product are instead of all other terms, conditions and warranties, whether express or implied. Please note, however, that this exclusion (and any express warranty that accompanies your Products) does not affect your statutory rights as a consumer.
13. Limitations of liability
13.1 Nothing in these Terms limits or excludes Luzern’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation, or (iii) any other liability which cannot be limited or excluded by applicable law.
13.2 Subject to Section 13.1 above, Luzern will not be liable, whether in contract, in tort (including, without limitation, negligence), or otherwise arising out of or in connection with these Terms for any: economic losses (including, without limitation, loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special or indirect losses suffered or incurred by you arising out of or in connection with these Terms.
13.3 You acknowledge that TCT Mobile Europe shall not be liable to you for any misrepresentation, misstatement or breach of any term, condition or warranty given by Luzern in connection with any Products or Services.
13.4 This Section 13 does not affect your statutory rights as a consumer, nor does it affect your cancellation rights under the [Consumer Protection (Distance Selling) Regulations 2000].
14. Electronic Communications
14.1 Luzern communicates with you by e-mail on behalf of TCT Mobile Europe, via firstname.lastname@example.org. For contractual purposes, you consent to receive communications from Luzern electronically and you agree that all agreements, notices, disclosures and other communications that Luzern provides to you electronically satisfy any legal requirement that such communications be in writing. This term does not affect your statutory rights as a consumer.
15. Assignment, subcontracting etc
15.1 Luzern reserves the right to transfer, assign, novate or sub-contract all or any of Luzern’s rights and obligations under these Terms. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without Luzern’s consent in writing.
16. Amendments to these Terms
16.1 Luzern reserves the right to make changes to these Terms at any time. You, and any contract of sale between you and Luzern, will be subject to the version of these Terms in force at the time you order the Products or Services in question from Luzern.
17. Events beyond Luzern’s reasonable control
17.1 Luzern will not be held responsible for any delay or failure to perform or comply with Luzern’s obligations under these Terms if the delay or failure arises from any cause which is beyond Luzern’s reasonable control.
18.1 Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable form and not affect the enforceability of any of the other provisions of these Terms.
19. Governing law and jurisdiction
19.1 These Terms and all transactions relating to this Web Store are governed by Irish law and you, and Luzern, hereby submit to the non-exclusive jurisdiction of the Irish courts. However, this will not affect your statutory rights asa consumer and applicable consumer law requires application of another law (such as the law of your country of residence).
20. Cancellation & Returns Policy
Please note that the following Cancellation & Returns Policy does not affect your statutory rights as a consumer.
20.1 14 Day Returns Guarantee - Luzern wants you to be totally satisfied with all Products that you purchase from this Web Store. Therefore, if for any reason you are unhappy with a Product, you can return it to Luzern in its original condition within 14 day (date of invoice) provided that the Product is returned to Luzern at the addresses below, together with the receipt and Luzern will issue a full refund for the value of the product, excluding any shipment cost you may have paid to receive it.
In the event you receive your product damaged or faulty, please contact our Customer Support at email@example.com and our customer service representative will send you a Returns Material Authorisation number and the process.
TCL Customer Returns
C/o Luzern Solutions Ltd.
B2, Ballycoolin Business Park
Please note that an RMA number must be clearly displayed on the packaging. You must contact a Customer Service representative at firstname.lastname@example.org within 14 calendar days from the date of invoice to authorise your return and generate a Return Material Authorization (RMA) number.
20.2 Please note, however, that you will be responsible for meeting the costs of returning Products under this 14 Day Returns Guarantee to Luzern. Note also that returned Products will be inspected upon receipt and any Products damaged after receipt by you will not be refunded.
20.3 Please note that, where a Product has been supplied to you as part of a bundle of products, in order to exercise this 14 Day Returns Guarantee, all Products within that bundle must be returned to Luzern.
Address for returns: As stated above
20.4 Distance Selling Regulations Under the Consumer Protection (Distance Selling) Regulations 2000, you have a right to cancel orders for certain Products purchased from Luzern’s Web Store within 14 working days from the day after the date on which the Product in question was delivered. Please note that this cancellation right does not apply to: Goods made to your specification or which have been clearly personalised.
20.5 To exercise your right of cancellation, please email Customer Service representative via eustore.tcl.com quoting your order number, and our representative will send you via e-mail the format to fill in to properly initiate the RMA. Please package the relevant Products securely and return it to (company name) with all warranty cards, licenses, manuals, within 14 days of giving Luzern notice that you wish to cancel the order at the above addresses as stated earlier.
Please note that you will be responsible for the costs of returning the items to Luzern unless Luzern delivered the item to you in error, or if the item is damaged or defective. Where a Product has been purchased by you as part of a bundle of products, all Products within that bundle must be returned.