TERMS OF PURCHASE
TERMS OF PURCHASE
These terms and conditions of purchase ('Terms of Purchase') ggovern the sale of products by SodaStream Enterprises N.V. ("SodaStream", "we", "us" and "our") to you through the SodaStream website at www.sodastream.nl ('Website').
1. OUR CONTACT
The sale of articles through this Web Page is carried out by SodaStream Enterprises N.V., a [Please insert the relevant internationality] company with registered office at Reduitlaan 42, 4814DC Breda, registered in the [Please insert registered address], and with telephone 0800-0223637 and e-mail email@example.com.
2. OUR CONTRACT
Your order is an offer to SodaStream to buy the product(s) in your order. When you place an order to purchase a product from SodaStream, we will send you an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order. It does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you. We will inform you by email that the product is being shipped. Your contract is with SodaStream.
These Terms of Purchase only apply to products which you buy directly from the Website. They do not apply to any SodaStream products you buy from a third party such as a retailer or other distributor. These third parties will have their own terms of sale which apply to your purchase.
You may only purchase products from our Website if you are over 18, or, if you are under 18, where you have consent from a parent or guardian. By placing an order on our Website, you are confirming that you meet these requirements.
In our Website, you can make a purchase as a guest or create a Customer Account.
Account creation is very simple. We will only ask you for the necessary information to speed up the purchase process.
You will always have at your disposal the information of your order by logging into your account if you are a registered customer or through the link we send you in the confirmation email if you are a guest customer.
The images of the products on our Website are for illustrative purposes only. Although the products will materially conform to their description on the relevant product information page(s), they may differ in appearance from the images.
4. PRICING AND AVAILABILITY
All payments must be made in full prior to delivery.
All prices on our Website are inclusive of legally applicable VAT, Sales Taxes, but do not include delivery costs.
Despite our efforts, it is always possible that some of the products may be priced incorrectly on our Website. We will normally check prices as part of our dispatch procedures so that, where the products' correct price is less than our stated price, we will charge the lower amount when dispatching the products to you. If the products' correct price is higher than the price stated on our Website, and the error could reasonably have been recognized by you as mispricing (for example, it was too good to be true), we reserve the right to reject or cancel any orders placed for products listed at the incorrect price, whether or not the order has been confirmed and your payment card charged, and we do not have to provide the products to you. If your payment card has already been charged for the purchase and your order is cancelled, we will promptly issue a credit to your payment card account in the amount of the charge.
We list estimated availability information for products sold by us on our Website on each product information page. Beyond what we say on that page or otherwise on the Website, we cannot be more specific about availability. Such estimated availability information does not constitute a guarantee that the relevant products are available. As we process your order, we will inform you by phone or e-mail as soon as possible if any products you order turn out to be unavailable, and you will not be charged for those products (or, if you have already made payment, we will refund you the full amount).
Please note that we reserve the right not to accept an order and to cancel one for any reason (other than availability), such as: the billing information was not approved, is not accurate or not verifiable, our system security didn’t confirm the order, we could not deliver to the address given by you etc.
5. AMENDMENTS TO THE CONDITIONS OF SALE
We reserve the right to make changes to our Website, policies, and terms and conditions, including these Terms of Purchase, at any time. We will publish changes on our Website. You will be subject to the Terms of Purchase and any other policies in force (displayed on our Website) at the time that you place your order for products from us and order will act as an acceptance of such policies, unless any change to those terms and conditions, policies or these Terms of Purchase is required to be made by law or government authority (in which case it may in this situation only apply to orders previously placed by you).
If any section of these Terms of Purchase is deemed invalid, void, or for any reason unenforceable, that section will be deemed severable and will not affect the validity and enforceability of any remaining section.
Delivery costs will be as displayed to you on our Website. If your order total exceeds the amount of €50,- (after discounts and before applicable taxes), you'll qualify for free shipping (‘standard delivery’).
Usually we deliver all items purchased in one order at the same time, but we reserve the right to split the delivery in certain events (e.g. if some items are unavailable). Of course you won’t be charged for any additional delivery costs.
We do not ship to PO Boxes or APOs.
Please note that, unless otherwise stated on the Website, delivery time estimates are just that. They are not guaranteed delivery times and should not be relied upon as such. Whilst we will endeavour to ensure that products are delivered as soon as possible, delivery may be managed by a third party and we are not responsible for any delays in delivery that are outside of our control. We will make reasonable endeavour to inform you of such delays.
For further information please review our shipping and delivery Policy on www.sodastream.nl or please contact our customer care.
Please review our Returns Policy on [this link] ]Please make this wording clickable or add a link ] Return policy] applies to products sold by SodaStream www.sodastream.nl.
8. TITLE AND RISK AND USER LICENSE TERMS
Title and risk in the products you order, other than our SodaStream CO2 Cylinders, transfers to you upon the completion of delivery. Our SodaStream CO2 Cylinders remain the property of SodaStream or related affiliates of SodaStream at all times, and are provided to you under licence. Please see our Cylinder Exchange Information page for further details about returning and exchanging empty SodaStream CO2 Cylinders and the User License of the SodaStream CO2 Cylinders printed on the sleeve thereof and in the manual.
9. APPLICABLE LAW
These Terms of Purchase are governed by and construed in accordance with the laws of [Please insert the relevant nationality], and not the United Nations Convention on Contracts for the International Sale of Goods the application of which is hereby expressly excluded. We both agree to submit to the non-exclusive jurisdiction of the courts of [Please insert the relevant jurisdiction ] and any courts which have the jurisdiction to hear appeals from them.
10. SODASTREAM WARRANTY
Local Dutch consumer regulation or law may provide you with certain mandatories rights and warranties. Nothing in this section 10 is intended to limit or replace any of your rights under the local applicable regulation or law. The exclusion set out below will apply to the fullest extent permitted by applicable regulation and law.
In addition to and without limiting your mandatories rights under the Dutch consumer regulations and law, we provide a limited warranty, (for Sparkling Water Makers purchased directly from the Website), that your Sparkling Water Maker will be free of defects in materials and workmanship under normal home use for 2 (two) years following the date of purchase (“SodaStream Warranty”). It is recommended that you register your Sparkling Water Maker online by visiting our website at www.sodastream.nl and completing the Sparkling Water Maker registration form available on the website.
If the SodaStream Warranty is ongoing and your product is deemed faulty we are happy to replace the item with an equivalent model or, if the item you purchased is no longer available, with another item which offers substantially the same functionality. No refunds shall be given.
Other than pursuant to the SodaStream Warranty and to the fullest extent permitted by applicable law and regulations, we make no representations or warranties in relation to the products. In particular. SodaStream warrants only the safety of Cylinders refilled by it, bearing a Soda-Club/SodaStream tamper proof valve seal.
Please visit our help centre and see the terms of SodaStream’s limited warranty provided with your purchase and for more information on the SodaStream Warranty, including how you may exercise your rights under it.
Subject to the fullest extent permitted by applicable laws, applies and provides otherwise, our maximum liability to you, whether in contract, tort (including negligence) or otherwise, in connection with any purchase by you from our Website, will be limited to the price you paid for the relevant products.
Except to the fullest extent the applicable law applies and provides otherwise, SodaStream will not be liable in any circumstances for any indirect or consequential loss (including loss of use, loss of profit or loss of revenue) arising in connection with any purchase by you from our Website.
If you breach these Terms of Purchase and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Purchase.
13. FORCE MAJEURE
We are not liable for any failure or delay in the performance of our obligations resulting from causes beyond our reasonable control, including acts of God, strikes, war, civil disturbance and other unexpected interruptions.
14. DATA AND PRIVACY
15. OUR CONTACT DETAILS
Our contact details are found on this link:
Terms last update: Februari 2023
THIRD PARTY LINKS
1. Our Website may contain links to other internet websites, over which we have no control and in respect of which we make no representations or warranties. You acknowledge and agree that we are not liable in any way for the information or material on any linked website(s).
INTELLECTUAL PROPERTY RIGHTS
2. All title, right and interest (including intellectual property rights) in the content on our Website remains the sole property of SodaStream or its licensors.
3. SodaStream™, the SodaStream logo, and other SodaStream trademarks appearing on our Website, are registered and unregistered trademarks and trade names owned by SodaStream or licensed to SodaStream. Other product and company names and logos appearing on our Website may be registered or unregistered trade names or trademarks of their respective owners. Any use of the trade names, trademarks or logos displayed on our Website is strictly prohibited.
5. You may download or copy a reasonable amount of the content on our Website solely for your own personal use, provided that you must maintain all copyright and other notices on that content.
WEBSITE LIMITATION ON USE AND SECURITY
6. You must not, and must not allow any other person to on your behalf, violate or attempt to violate any aspect of the security of our Website.
7. You agree that you will not modify, reverse engineer, disassemble, decompile, or copy any software used on our Website, and that you will not allow any other person to do so on your behalf.
DATA AND PRIVACY
9. We may add new features to our Website, remove existing features from our Website, or otherwise modify our Website and its content (including their functionality, “look-and-feel”, universal resource locators and software components), all without notice to you.
(a) use any robot, spider, script, scraper, or other automatic device, process or means to access our Website for any purpose, including to monitor, extract, download. Retrieve. index mine scrape or copy any of the material, contents or information on our Website;
(b) use our Website in any manner that could damage, disable, overburden, or impair our Website or interfere with any other party’s use and enjoyment of our Website;
(c) engage in harassment in any manner, including via e-mail, chat, or by use of obscene, offensive or abusive language (as determined by us in our sole discretion);
(d) impersonate others, including a Sodastream employee or representative, or other members or visitors to our Website; or
(e) upload to, distribute or otherwise publish any content that is defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable, or which way constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law.
11. You use our Website at your own risk. Our Website is provided on an “as is” and “as available” basis, and without any representations, warranties or conditions of any kind (whether express, implied or statutory), including without limitation implied warranties of merchantability, fitness for a particular purpose, performance or durability, all of Sodastream and its service providers hereby disclaim to the fullest extent permitted by applicable law.
12. The operation of our Website may not be continuous or uninterrupted or secure. Security and privacy risks cannot be eliminated.
13. Neither Sodastream nor its service providers make any representation or warranty that:
(a) our Website will be compatible with your computer or mobile device and related equipment and software;
(b) our Website will be available or will function without interruption or will be free of errors or that any errors will be corrected;
(c) the information available on or through our Website will be accurate, complete, sequential or timely;
(d) certain or any results may be obtained through the use of our Website;
(e) the use of our Website, including the browsing and downloading of any information will be free of viruses, Trojan horses, worms or other destructive or disruptive components; or
(f) the use of our Website will not infringe the rights (including intellectual property rights) of any person;
and Sodastream and its providers disclaim any liability regarding such matter to the fullest extent permitted by law.
14. Applicable law may not allow limitations or exclusions on warranties, in which case, some of the limitations set out above may not apply to you and they only will apply to the fullest extent permitted by applicable law.
LIMITATION OF LIABILITY
15. To the fullest extent permitted by applicable laws, Sodastream and its officers, directors, employees and representatives will not be liable to you or any third party for any indirect, special, consequential or incidental damages, lost profits, lost data, business interruption or other damages arising directly or indirectly from your use of (or your inability to use) our Website, including your use or reliance on any information or other content contained on our Website; any inaccuracy or omission in any information or other content contained on our Website, or your use of or reliance on third-party websites linked to our Website.
16. To the fullest extent permitted by applicable laws, you release Sodastream and its officers, directors, employees and representatives from all claims, actions, liabilities and damages of any kind relating to it arising from your access to and use of (or your inability to access and use) our Website or the information or other content contained on our Website.
17. Applicable law may not allow limitations or exclusions of liability, in which case, some of the limitations set out above may not apply to you and they only will apply to the fullest extent permitted by applicable law.