Updated 27 September 2017
Thank you for purchasing from Filisia. These General Terms of Sale (“Terms of Sale”) govern the purchase of our Products and by purchasing these Products, you agree to these terms. Definitions of capitalized terms used in these Terms of Sale are located in the Interpretation Section at the end of these Terms of Sale.
Note: If you purchased hardware directly from one of our authorized resellers, only the customer support and warranty terms listed in Section 5 and after shall apply to you.
If you purchased stand-alone Software, including via the Google Play or Apple iTunes stores, only Section 2 (“Right to Cancel Online Orders”) and Sections 5 and after shall apply. In the event of a conflict between Google’s or Apple’s terms and these General Terms of Sale, the General Terms of Sale shall govern.
1.1. Upon clicking the “I Accept” button on the order page you confirm that you have read and understand these Terms of Sale and agree to be bound by them.
1.2. By clicking the “Purchase” button on the order page, you confirm that you would like to purchase the Products in your cart (an “Order Request”). A binding agreement that Filisia will deliver the Products will not be formed between you and Filisia until you have paid the full amount due as set out in the Order Request and Filisia sends you an Order Confirmation with a Customer Order Number. Order Confirmations are subject to compliance with these Terms of Sale and Filisia’s sole discretion. No Order Request shall be deemed accepted unless and until confirmed by an Order Confirmation from Filisia.
1.3. Filisia will generally dispatch your Products within five (5) Days of your receipt of the Order Confirmation. We will try to advise you if there’s a backlog or delay.
1.4. Only Products listed in Filisia’s Order Confirmation form part of that Contract. If you notice any inaccuracies or errors in your Order Confirmation or you have made any mistakes in the information that you have provided, you must contact Filisia promptly upon receipt, ideally immediately, so that we have the opportunity to correct any mistake or clarify any misunderstanding before commencing delivery/performance.
1.5. If Filisia is unable to fulfil your order for any reason, we will notify you, and promptly return to you any payment received by us.
2.1. If you are an EU customer, you have, for a short period, the right to cancel your Contract and return the Products. That period ends on the expiry of the period of fourteen (14) Days beginning on the Day after the Day on which you receive the Products (“the Cooling Off Period”).
2.2. If you have been informed that the Products have already been dispatched but have not yet been delivered and you choose to cancel your order at this time, you will be responsible for returning them unopened and undamaged in the original packing materials provided; and you will be liable for all return shipping and delivery costs back to Filisia’s manufacturing premises.
2.3. In order to exercise your right to cancel your order pursuant to section 2.1, you must notify us in writing of your wish to cancel (e.g. a letter sent by post, or e-mail). You may use the model withdrawal form below. Once we receive your notification, we will then arrange for collection of the Products at a reasonable time. All returned Products must be in their original condition. Unless the Products are faulty or defective when dispatched from Filisia, all shipping, handling and return freight costs will be payable by you. We will refund you the price, less direct return freight costs we have paid on your behalf, as soon as possible and in any case within 14 Days of either: (i) receipt by us of your notice of cancellation of the Contract if the Products have not yet been dispatched to you; or (ii) receipt by us of the returned Products, if the Products have been dispatched to you. Please note that you must take reasonable care of the Products in your possession during the Cooling Off Period, and, if Products are returned to us in a damaged state, you will be responsible for any part of that damage which occurred whilst the Products were in your care or control.
Model Withdrawal Form:
To: Filisia Interfaces
71–75 Shelton Street
London
WC2H 9JQ
E-mail: hello@filisia.com
I/We hereby give notice that I/We withdraw from my/our contract of sale of the following products:
Ordered on/Received on:
Name:
Address:
Signature (if notification is on paper)
Date:
2.4. Once the Cooling Off Period has ended, and/or you have commenced downloading any Software purchased, you do not have the right to return your order, unless covered under warranty terms set forth below or additional terms either we or an authorized seller expressly offered you as a condition of purchase.
3.1. Unless otherwise agreed in writing, the price and specification for the Products shall be set out on the Filisia website.
3.2. We reserve the right to make any changes in the specification of the Products which are required to conform with any applicable safety or other statutory or regulatory requirement.
3.3. Any specified promotional items will be available free without obligation and only while stock is available.
3.4. In the unlikely event of any discrepancy between the price set out in the order confirmation, and the price stated on Filisia’s website, please contact us immediately.
3.5 Please note that the price on our website may be different from the price offered by authorised resellers
4.1. We shall use all reasonable endeavours to deliver the Products to you. The times stated and your Delivery Date are only estimates and do not equate to actual delivery times. If you have ordered several Products at one time, the Products may be delivered on different Days. Delivery will not be of the essence unless previously agreed by us in writing. We will not be held liable for any delay in delivery caused by late settlement by the buyer of the remaining balance prior to dispatch.
4.2. Products will be delivered worldwide subject to courier service levels available. If, for any reason there is a lack of availability of courier service in your area, we cannot be held liable. Products will be delivered to the address specified in the Order Confirmation and/or in any other arrangement confirmed in writing between you and Filisia. Alternatively, you may collect the Products at our premises after we have notified you that the Products are ready for collection.
4.3. The Products may be delivered in advance of the Delivery Date upon reasonable notice to you.
4.4. If you fail to take delivery of the Products or any part of them on the Delivery Date and/or fail to provide any instructions, documents, licences, consents or authorisations required to enable the Products to be delivered on that date, we shall be entitled, upon written notice, to store or arrange for the storage of the Products. If redelivery is required, you will be held liable for any extra courier and insurance costs and expenses.
4.5. Title to the Products (except any Software included which is subject to the End User Licence Agreement) will pass to you once Filisia receives payment in full, or when we deliver the Products to you (or your representative), whichever is later. The transfer of ownership of the Products does not mean that you own any Intellectual Property Rights in the Products you purchase from Filisia. If the Contract is terminated before that passing of title in the Products occurs, we may recover any Products supplied to you and you agree to assist us in such circumstances.
5.1. Should you experience any problems in using the Product during setup or installation or experience any associated user issues, you may contact the Filisia Customer Support team via email: hello[at]filisia.com
5.2. We shall aim to resolve your query when you first make contact, although no resolution can be guaranteed. On occasions we may need to contact you again and to suggest a resolution or involve other experts at Filisia.
5.3. The Filisia Customer Support team will endeavour to reply to your email within 48 hours (excluding weekends and holidays).
5.4. Repairs under warranty will be carried out within a reasonable period. We will at all times try to meet response times estimated in correspondence with you, but actual timings may vary depending, among other factors, on the remoteness or accessibility of your location, weather conditions and availability of parts.
5.5. We may provide Services via internet or telephone as appropriate. Telephone calls may be recorded for training purposes.
5.6. Unless otherwise stated, you shall be responsible for all telephone and postal charges in contacting us, except when returning Products which are defective or damaged, or do not accord with the Order Confirmation.
6.1. For goods purchased in the United States and where otherwise permitted by law, Filisia warrants the Products will be free of defects in materials and manufacture under normal use for one year (“Limited One Year Warranty”). The Limited One Year Warranty term begins on the date of purchase from an authorised Filisia reseller; and proof of purchase in the form of a receipt may be required.
6.2. You may have statutory rights under consumer laws and the laws of your country or state that give you greater rights than our Limited One Year Warranty described above. Accordingly, the Filisia Limited One Year Warranty is in addition to, and not instead of, your statutory rights. Further information on your rights as a consumer is available from your local Citizens’ Advice Bureau or Trading Standards (or your state or country equivalent).
6.3. The Limited One Year Warranty provided under this section 6 will be conditioned on proper use of this product. We shall repair the Products or replace them free of charge with a functional equivalent Product that is new or refurbished at Filisia’s discretion on condition that:
i. Reasonable care had been taken of the Product, and they have only been subjected to reasonable wear and tear;
ii. The fault has not been caused or contributed to by willfully or negligently caused damage or any accident whilst in your control or through exposure to environmental conditions harmful to the Products, or by third party software or hardware, which had not been supplied by Filisia, loaded onto or connected to the Products;
iii. The part which develops the fault has not been previously modified or repaired by any third party;
iv. The fault did not occur in transit as a result of inadequate packaging or protection. This includes a failure to use the supplied soft shell case for day-to-day transportation, or an appropriate additional flight case for situations where the Products are likely to be subjected to physical duress; and
v. The fault or damage has been caused after the date of delivery of the Products to you as a result of a failure on your part, or on the part of your representatives to use the case provided to you by Filisia Ltd. to store and to transport the Products.
6.3. Filisia Obligation to repair under clause 6.3 above, does not apply to
i. Parts which are not critical to the Product’s functionality;
ii. Damages caused by improper installation or improper connection to any peripheral;
iii. Damages caused by any unintended use of the supplied power adaptor or use of a third party adaptor or use of any parts not supplied or sold by Filisia;
iv. Products purchased by anyone other than Filisia or an authorised reseller;
v. Modifications to the product not authorised by Filisia
vi. Products that have the serial number removed or made illegible
vii. Cosmetic features of the Products
viii. Normal cosmetic and mechanical wear
6.4. If eligible under this Section 6, Filisia will repair the Products using parts which are new, or equivalent to new in accordance with industry standards and practice. We will bear all costs related to collection, shipping and delivery of Products for the purpose of repair. Our return procedure can be found on our website under Returns and Transfer Policy
6.5. You will own all replacement parts. We shall own any Products and/or parts that are replaced pursuant to this Limited One Year Warranty, and, if requested by Filisia or an approved distributor, you must return them to us. The costs of returning such removed parts or replaced Products will be borne by Filisia.
6.6. Filisia will pass to you, to the extent permitted, the benefit of any warranty or guarantee given by the manufacturer or supplier of Third Party Products or Third Party Software. Without prejudice to your rights against us, we may therefore ask Third Party Products manufacturers and/or Third Party Software licensors to fulfil their obligations to you under such warranties and guarantees and seek to ensure that such manufacturers and/or licensors do so with reasonable skill and care and within a reasonable period of time.
The Software is licensed to you on the terms set out in the Terms of Use.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FILISIA AND ITS EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY SUBSEQUENT OWNER FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA OR THE LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM USE OF FILISIA PRODUCTS AND FILISIA’S OBLIGATIONS UNDER THESE TERMS OF SALE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF FILISIA AND ITS EMPLOYEES AND AGENTS’ LIABILITY TO YOU AND ANY SUBSEQUENT OWNER ARISING UNDER THESE TERMS OF SALE SHALL NOT EXCEED THE ORIGINAL PRICE PAID FOR THE PRODUCT(S). FOR CONSUMERS IN JURISDICTIONS WHO HAVE THE BENEFIT OF CONSUMER PROTECTION LAWS OR REGULATIONS, THE BENEFITS CONFERRED BY THESE TERMS OF SALE ARE IN ADDITION TO ALL RIGHTS AND REMEDIES PROVIDED UNDER SUCH LAWS AND REGULATIONS. TO THE EXTENT THAT LIABILITY UNDER SUCH LAWS AND REGULATIONS MAY BE LIMITED, FILISIA’S LIABILITY IS LIMITED, AT ITS SOLE OPTION, TO REPLACE OR REPAIR THE COVERED PRODUCT OR SUPPLY THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
As a condition of purchasing your Product(s), you agreed to our privacy policy which governs how we may use the data we collect from you. Information about our use of your personal information can be found on your website, under Privacy Policy
You agree and represent that you are buying the Products for personal use only and not otherwise for resale or export.
Filisia shall not be liable for any failure or delay in the performance of its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A “Force Majeure Event” means an event or circumstance the occurrence of which is beyond the reasonable control of either party to this Contract, including without limitation, failure of third party suppliers, change of statute or regulation, acts of God, governmental actions, war, national emergency, acts of terrorism, or failure of transport networks. In the event of a Force Majeure Event, Filisia reserves the right to defer the date of delivery, reduce the volume of Products ordered, or to cancel the Contract without liability to you. If a Force Majeure event continues for a continuous period in excess of sixty (60) Days, you shall be entitled to give notice in writing to Filisia to terminate the Contract, such notice to take effect no earlier than fifteen (15) Days from the date of such notice.
If for any reason part of these Terms of Sale is unenforceable, the validity of the remaining Terms of Sale shall not be affected.
A failure or delay by a party to exercise any right or remedy provided under this Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
14.1. If you are a UK, EU, EEA, or Swiss citizen, these Terms of Sale shall be governed by the laws of England and Wales without regard to its conflict of law rules and you consent to the exclusive jurisdiction of the courts located in London, UK. Special information on the online dispute resolution for consumers within the European Union can be accessed here: http://ec.europa.eu/consumers/odr
14.2. If you live outside the UK, EU, EEA or Switzerland, you agree to the laws and jurisdiction of London as noted above in section 14.1.
A person who is not a party to this Contract may not enforce any of its provisions under the Contracts (Rights of Third Parties) Act 1999.
If you are a consumer, you have a legal right for services to be carried out with reasonable care and skill and products are of a satisfactory quality. Advice about your legal rights is available from your local Citizens’ Advice Bureau. Nothing in these Terms of Sale will affect these legal rights. You may also have rights as a consumer outside the UK. Please check your own state or country’s consumer rights organisations.
In these Terms of Sale unless the context otherwise requires, the following expressions have the following meanings:
17.1. “Contract”: means the body of these Terms of Sale, together with your Order Confirmation and the Technical Specification, as may be amended from time to time in accordance with its provisions;
17.2. “Customer Order Number”: means the order number issued by Filisia to the Customer in the Order Confirmation, identifying your order;
17.3. “Day(s)” or “Day(s)”: means any day except a Saturday, a Sunday or a public holiday in England. Any order placed on Saturday, Sunday or a public holiday will be acknowledged on the following day of business.
17.4. “Delivery Date”: means the date on which the Products are scheduled (subject to the terms set out in these Terms of Sale) to be delivered as stipulated in the Buyer’s Order Confirmation.
17.5. “Product(s)”: mean all Filisia hardware/keyboard products, including all Software supplied by the Filisia which is required for its operation.
17.6. “Licence”: the licence to use the Software set out in the Filisia Terms of Use
17.7. “Intellectual Property Rights”: means (i) patents, inventions, designs, copyright and related rights, database rights, trademarks and related goodwill, trade names (whether registered or unregistered), and rights to apply for registration; (ii) proprietary rights in domain names; (iii) knowhow and confidential information; (iv) applications, extensions and renewals in relation to any of these rights; and (v) all other rights of a similar nature or having an equivalent effect anywhere in the world;
17.8. “Month”: means a calendar month;
17.9. “Order Confirmation”: means an email to notify you that your order has been accepted by us and payment in full has been received and processed by Filisia;
17.10. “Software”: means Filisia software for download and installation as well as access to online or electronic documentation including user manuals, and any and all copies and derivative works of such software and software program materials and any updates thereto;
17.11. “Technical Specification”: means the technical specification relating to the Products, as set out on the the shop of our website
17.12. “Terms of Sale”: means the General Terms of Sale applicable to your Contract with us, as detailed above;
17.13. “You”: means the person who accepts the offer of sale of the Products or whose order for the Products is accepted by Filisia Ltd
17.14. “Filisia/us/we”: means “Filisia Ltd.” a company registered in England under Company No. 09065346 whose registered office is at 71–75 Shelton Street,London, WC2H 9JQ as well as our subsidiaries.
Changes may be made to these Terms of Sale and any material changes will be communicated to you by email. Amendments and updates will also be announced on the Filisia website.
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