CONSUMER TERMS OF SALE
Please read these terms carefully. By ordering any of our products, you agree to be bound by these terms and any documents referred to in these terms. If you refuse to accept these terms, you will not be able to order any products from our site. Please print or save and retain a copy of these terms and your order for future reference.
1. Service Availability
Our sites are intended for use by people resident in the country intended.
2. Contract between you and us
2.1 These terms of sale apply to all products (‘Products’), returns and warranties supplied by iRobot Corporation (‘us’, ‘we’), including sales made via the website www.global.irobot.com or local country site (the “Site”) and/or any sales made via telephone or mobile device application. Your statutory rights are not affected.
2.2 A contract between us and you (‘Contract’) will only be formed when we expressly accept your order by sending you an e-mail that confirms the order has been placed and paid for (the Order Confirmation). All orders are subject to acceptance by us. The Contract enters into force from the date of the Order Confirmation until the performance of any and all obligations it provides for.
2.3 The Contract will relate only to those Products whose order we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order, but not included in the Order Confirmation.
2.4 The Contract is subject to your rights of cancellation set out in clause 7 below.
3.1 Your Status: By placing an order through our Site, you warrant that (a) you are legally capable of entering into binding contracts; (b) you are at least 18 years old.
3.2 Our Status: We are a United States of America Delaware corporation, with our US corporate headquarters at 8 Crosby Drive, Bedford, Massachusetts 01730 USA. Our UK entity iRobot UK Ltd., which oversees European and Middle East sales operations, is at 111 Buckingham Palace Road, London SW1W 01SR 00442088653171 and is registered in the UK under foreign company no. FC027058. For reference our UK VAT number is GB278823262; our Austria VAT number is ATU66827259; our Belgium VAT number is BE0847.132.078; our France VAT number is 509042636; our Germany VAT number is DE323623888; our Ireland VAT number is 9805362C; our Netherlands/Denmark VAT number is NL825650938B01; our Portugal VAT number is 980574846; our Spain VAT number is ESN8269796B; our Sweden VAT number is SE502071084301.
4. Product description and price
4.1 We have taken reasonable care to describe all Products as accurately as possible. However, slight variations in description may occur. If aspects of the Products are of particular importance, or if you need to obtain any further information, we recommend that you contact our Customer Support Hotline on 0845 225 1919 prior to placing your order.
4.2 The price of any Products will be as quoted on our Site from time to time, except in cases of obvious error. Our prices include VAT but exclude delivery costs, which will be indicated on the Site before your payment is made and will be added to the total amount due in accordance with our delivery charges in force from time to time.
4.3 Prices are liable to change at any time, but subsequent changes will not affect orders of which we have already sent you an Order Confirmation.
4.4 Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We normally verify prices as part of our procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product´s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
4.5 Where applicable we are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and/or could have reasonably been recognised by you as a mis-pricing.
5.1 Payment for all Products must be by credit or debit card, by any of the payment options specified on our Site. We shall be entitled to withhold delivery and/or cancel the Contract if we do not receive full payment from you in cleared funds. You should be aware that our payment processing provider will allocate the required funds at the point at which you place your order, such that the allocation will count against your current credit limit, despite the fact that the funds may not yet be deducted.
5.2 Payments are made online through a secure payment system as explained on our Site.
6. Availability and delivery
6.1 We shall use all reasonable endeavours to fulfil your order by the delivery date indicated in the Order Confirmation or, if no delivery date is specified, then within thirty (30) days from the date of the Order Confirmation, unless there are exceptional circumstances. Delivery will be made to the delivery address specified when you complete your order.
6.2 We shall make every reasonable effort to deliver the Products as soon as possible after acceptance of your order. If delivery is delayed, we shall inform you, but we will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. If delivery cannot be made to your chosen delivery address, you will be informed as soon as possible.
6.3 If you refuse the delivery of your order for reasons under applicable consumers’ statutory regulations or you fail to take delivery because you have cancelled your Contract under the said regulations, we will refund or re-credit you within thirty (30) days for any sum that has been paid
by you or debited from your credit card for the Products. By exercising your right to cancel you are required to return the Products to us in the same condition in which you received them. If you fail to return the Products to us, we reserve the right to deduct any costs incurred by us in retrieving the Products from you.
6.4 Upon receipt of your order you may be asked to sign for the Products received. If the package does not appear to be in good condition, please refuse the delivery. If you are unable to check the contents of the delivery then please ensure you sign for the parcel “unchecked”, as failure to do so may affect any warranty claim you may seek to make.
7. Consumer rights
7.1 You may cancel a Contract at any time within 30 days, beginning on the day after you receive the Products. Should you cancel within this time, you will receive a full refund of the price paid for the Products in accordance with our refunds policy, set out in clause 9 below, provided that you comply with the terms of this clause 7. The said right of cancellation is an expression of our commitment to you and is in addition and without prejudice to your statutory rights of return, which limit your rights to the period of fourteen (14) days after receipt of the Products. The remaining terms of this clause 7 apply to both the thirty (30) day right of return and your 14-day statutory rights.
7.2 To cancel a Contract, you must inform us in writing. You can also electronically fill in and submit the model cancellation form or any other unequivocal statement on our Site. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay. You must also return the Product(s) to us immediately and no later than fourteen (14) days from your decision to cancel the Contract, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
7.3 You will not have any right to cancel a Contract for the supply of consumable goods (such as cleaning fluids) which, by their nature, cannot be returned after opening, except where a fault has been discovered that could not have been identified without unsealing the goods.
7.4 Further details of your statutory right of cancellation, and an explanation of how to exercise it, are provided here https://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/index_en.htm.
8. Risk and title
8.1 The Products will be at your risk from the time of delivery.
8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, inclusive of all delivery charges.
9. Returns and refunds
9.1 When you return a Product to us:
(a) because you have cancelled the Contract between us within the period referred to in clause 8.1 above, we will process the refund due to you as soon as possible and, in any case, within 14 days of the day you have given notice of your cancellation, except if we have not received the Products back, in which case we may withhold the reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest. In this case, we will refund the price of the Product in full, including the cost of sending the Product(s) to you, with the exception of the supplementary costs resulting from your choice of type of delivery other than the least expensive type of standard delivery offered by us. However, you will be responsible for the cost of returning the Products to us.
(b) for any other reason (e.g. because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full when we have verified the defect, including a refund of the delivery charges for sending the item to you and the reasonable cost incurred by you in returning the item to us by the most cost-efficient route reasonably available.
9.2 When making any return(s) to us, you agree to comply with our returns process outlined on our Site, whereby you will be given an RMA number which we need to be able to process your return. You agree to send back the Products without undue delay and in any event no later than fourteen (14) days from the day on which you communicate your cancellation from this Contract to us.
9.3 We will normally refund any money received from you using the same method originally used by you to pay for your purchase. Refunds are carried out by our payment processor and while we will endeavour to ensure refunds are paid in accordance with the timescales set out above, we will not be liable for any delays outside our control.
10. Commercial warranty
10.1 Subject to clause 11.2 below, all new Products sold by us via the Site carry a 24-month warranty period from the date the goods were delivered, with the exception of batteries which carry a 12month warranty. This warranty does not affect your statutory rights as a consumer. Full details of our warranty terms are set out on the Site, and you must follow our returns process in respect of any Products for which you wish to make a claim under the warranty.
10.2 Our warranty does not cover any defects arising from fair wear and tear, wilful or deliberate damage, accident, negligence by you or any third party, use otherwise than in accordance with its intended reasonable use, failure to follow manufacturer’s instructions, or any alteration or repair carried out by any third party without our prior written approval.
11. Our liability
11.1 We warrant to you that any Product purchased from us through our Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
11.2 Our liability for losses you suffer as a result of us breaching the Contract is strictly limited to the purchase price of the Product you purchased, together with delivery costs and the reasonable cost incurred by you in returning the item to us by the most cost-efficient route reasonably available.
11.3 Nothing in these Terms seeks to exclude or limit our liability (a) for death or personal injury caused by our negligence, (b) for fraud or fraudulent misrepresentation, or (c) for any matter for which it would be illegal for us to exclude or limit, or attempt to exclude or limit, our liability.
11.4 Subject to clause 11.3, we are not responsible for indirect losses which happen as a side effect or indirect consequence of the main loss or damage, including but not limited to loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, or waste of management or office time; in each case howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; always provided that this clause 11.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 11.1 or clause 11.2 or any other claims for direct financial loss that are not excluded by any of above categories.
11.5 The above warranty and/or limitations of liability do not affect your statutory rights under national laws relating to the sale of consumer products, and in particular the legal warranty of conformity for consumer goods, to which you may refer to the Site and which are hereby incorporated and form part of the Contract.
12. Data protection & security checks
13. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website(s). For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to iRobot Corporation at 111 Buckingham Palace Road, Victoria, London SW1W 0SR United Kingdom Attn: Customer Care. We may give notice to you at either the e-mail or postal address you provide to us when placing your order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. Transfer of rights and obligations
15.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of any Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of any Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. Events outside our control
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular, without limitation, strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, pandemic or epidemic or other natural disaster; problems with use of railways, shipping, aircraft, motor transport or other means of public or private transport; problems with the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.
16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14.
If any of these terms or any other provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. Entire agreement
19.1 These terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
19.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms.
20. Our right to vary these terms and conditions
20.1 We have the right to revise and amend these terms from time to time, including to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
20.2 You will be subject to the terms and policies in force at the time that you order Products from us, unless any change to the terms and/or the policies is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to these terms or the policies before we send you the Product(s) (in which case we have the right to assume that you have accepted the changes unless you notify us to the contrary within seven working days of receipt by you of the Products).
21. Law and jurisdiction
You may access the EU online dispute resolution platform (ODR) via the following link https://ec.europa.eu/consumers/odr.
Contracts for the purchase of Products through our Site will be governed by English law. Any dispute arising from, or related to, such Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales and any proceedings will be conducted in the English language.