Terms of Sale

Last update: 15.04.2021

 

Welcome to the Wacom Europe GmbH (“Wacom,” “we,” or “us”) eStore available at https://estore.wacom.com/en-GB/ ("eStore").

What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or digital content. Some of these terms are specific to consumers and other terms are specific to business customers. We have indicated where this is the case.

Why you should read them. Please read them carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.


Who we are. Wacom Europe GmbH is a registered company with its headquarters at Völklinger Straße 1, 40219 Düsseldorf, Germany, registered with the Düsseldorf District court under the commercial registry number HRB79224, emeasupport@wacom.com.

Wacom has the following sales identification number: DE120692751 and can be reached at www.wacom.com/support/contact-support.

How to contact us. You can contact us at our support site: www.wacom.com/support/contact-support or by writing to us at Völklinger Straße 1, 40219 Düsseldorf, Germany.

 

1. Scope


1.1 These Terms apply to your purchase of any products from Wacom through the eStore, except to the extent you have entered in a separate written agreement with Wacom that replaces these Terms. Products may be Wacom’s own products, products of companies associated with Wacom, or third-party products (in each case a “Provider”). We will make it clear whether Wacom or a third party is the Provider of a product. Certain products may also be accompanied by other terms and conditions, in which case, those other terms and conditions may also apply to your purchase of those products where we explicitly refer to them.

1.2 If you are a business customer you acknowledge that these Terms apply to the exclusion of any other terms that you may seek to impose or incorporate.

1.3 You can access and print out the current Terms of Sale during the whole purchase process and at any other time on our website. We will also provide you with a copy of the Terms of Sale applicable to your order by email when we accept your order. We do not store this contract text after we have provided you with a copy.

 

2. Our Contract With You


2.1 You can purchase products as a registered user or by using a guest account. The registration is subject to separate terms.


2.2 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.  Except where either of the circumstances set out in Section 2.3 below apply, we will confirm receipt of your offer immediately after we have received your offer (“Order Confirmation and Acceptance E-Mail”). This Order Confirmation and Acceptance E-Mail represents our acceptance of your Offer ("Conclusion of Contract”). It contains the essential characteristics of the customer’s order.

2.3 In the event that:

(a) your order value is over £3,000 (three thousand pounds); or

(b) the payment process is interrupted,

you will receive a notification that your offer is under review. Once we have reviewed and clarified the offer to our satisfaction, we will send you an Order Confirmation and Acceptance E-mail.

 

3. Our products

 

3.1       Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

3.2       Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

 

4. Our rights to make changes

 

4.1       Minor changes to the products. We may change the product:

(a)        to reflect changes in relevant laws and regulatory requirements; and

(b)       to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.

4.2       More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make more significant changes to the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

4.3       Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.

 

5. Providing the products


5.1 We only sell to the UK. Our eStore is solely for the promotion of our products in the UK. Unfortunately, we do not deliver to addresses outside the UK.


5.2 Delivery Costs. The cost of delivery will be as displayed to you on the eStore.

 

5.3 When we will provide the products.

(a) If the products are goods, during the order process we will let you know when we will provide the products to you.

(b) If the product is a one-off purchase of digital content, we will make the digital content available for download by you as soon as we accept your order.


5.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

5.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

5.6 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Section 11 will apply.

5.7 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.

5.8 When you own goods. You own a product which is goods once we have delivered the product to you, or if later, when we have received payment in full.

5.10 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

(a) deal with technical problems or make minor technical changes;

(b) update the product to reflect changes in relevant laws and regulatory requirements;

(c) make changes to the product as notified by us to you (see Section 4).

5.11 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for a significant period of time we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 2 weeks and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

5.12 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see Section 6.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice. We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see Section 6.5).

 

6. Price and Payment


6.1Where to find the price for the product. The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price advised to you is correct. However, please see Section 6.3 for what happens if we discover an error in the price of the product you order. You must pay the purchase price for the products purchased plus any delivery costs or any fees for special methods of payment agreed on.


6.2 VAT. Unless otherwise stated, all prices are quoted including VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

6.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.


6.4 When you must pay and how you must pay. Payment is made by the payment method you choose in the order process, which will be made, except in relation to bank transfers (as set out below), at the point that you place your order. The available payment methods will be displayed at the start of the order process and is available at all times through a link on the footer. We are entitled to remove or add individual payment methods. If you use bank transfer as a means of payment, we ask you to transfer payment immediately after you place your order, but you have to do so no later than within seven days of placing your order.

6.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

 

7. Right of withdrawal (consumers only)

 

7.1 Instructions on withdrawal with regard to the delivery of goods

If you have bought physical products from us, you have the following right of withdrawal:

 

Model Instructions on withdrawal


Right of withdrawal


You have the right to withdraw from the contract with us within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you receive, or a third party other than the carrier and indicated by you receives the products.

To exercise the right of withdrawal, you must inform us (Wacom Europe GmbH, Return Logistics, Krefelder Straße 667, 41066 Mönchengladbach, Germany; emeasupport@wacom.com; Fax: +49 211 38548 111, Phone +44 207 744 08 31 of your decision to withdraw from this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the 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 14 day withdrawal period has expired.


Effects of withdrawal


If you withdraw from the contract with us, 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 no later than 14 days from the day on which you informed us about your decision to withdraw from the 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. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.


You shall send back the goods to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.


You will have to bear the cost of returning the goods.


You are only liable for any diminished value of the goods resulting from the handling other than what would be permitted in a shop.

 

7.2 Special notes: No withdrawal right for sealed computer software

Please note that the right of withdrawal does not exist for contracts for the supply of sealed audio or sealed video recordings or sealed computer software, if they were unsealed after delivery.

7.3 Instructions on withdrawal with regard to digital goods

If you have bought digital goods from us, which will not be delivered by a physical data carrier (e.g. on a CD or cartridge), you have the following right of withdrawal:

 

Model instructions on withdrawal


Right of withdrawal


You have the right to withdraw from the contract within 14 days without giving any reason.


The withdrawal period will expire after 14 days from the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.


To exercise the right of withdrawal, you must inform us (Wacom Europe GmbH, Return Logistics, Krefelder Straße 667, 41066 Mönchengladbach, Germany; emeasupport@wacom.com; Fax: +49 211 38548 111, Phone +44 207 744 08 31 of your decision to withdraw from the contract by a clear statement (e.g. a letter sent by post, fax 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 contract, we shall reimburse to you all payments received from you 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.

7.4 Special notes: No withdrawal right for digital products

Please note that the right of withdrawal does not exist for contracts for the supply of digital products after you have started to download or stream them, as referenced above.

7.5 Model Withdrawal Form

 

 

 

Model withdrawal form


(complete and return this form only if you wish to withdraw from the contract)


— To


Wacom Europe GmbH, Return Logistics, Krefelder Straße 667, 41066 Mönchengladbach, Germany; emeasupport@wacom.com; Fax: +49 211 38548 111


— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)


— Ordered on (*)/received on (*)


— Name of consumer(s)


— Address of consumer(s)


— Signature of consumer(s) (only if this form is notified on paper)


— Date


(*) Delete as appropriate.

 

8. Goodwill 30-day Right of Return after Receipt of physical Products (Consumer and business customers)


8.1 Without prejudice to a consumer customer's mandatory right to withdraw (see Section 7.1 above), we grant you, either as a consumer customer or as a business customer, an additional goodwill right of return where you have changed your mind (which is more generous than the consumer customer's legal rights under consumer legislation), of 30 days from receipt of physical goods. With this right of return, which otherwise acts exactly like the consumer right to withdraw above, you can:

(a) in the case of a consumer, return your products after the expiry of the 14-day withdrawal period (see Section 7 above) for a further 16 day period; or

(b) in the case of a business customer, return your products after the expiry of 30 days from receipt of physical goods,

in both instances by sending them to Wacom Europe GmbH, Return Logistics, Krefelder Straße 667, 41066 Mönchengladbach, Germany; emeasupport@wacom.com; Fax: +49 211 38548 111.


8.2 To make a goodwill return please email us at emeasupport@wacom.com. Please include your full name, phone number, order number, product to return, quantity to return, and reason for return. Our Customer Service team will respond to your request within two business days (“Authorization”). We cannot process returns under our goodwill 30 day right of return without prior Authorization. The goodwill right of return does not apply to the purchase of gift vouchers or software.


8.3 The 30-day goodwill return period begins on the day of receipt of the products.


8.4 We will refund you the purchase price of the products. You will have to pay the cost of returning the goods. However, you will not be charged shipping and handling fees if you use our pre-paid return shipping label that can be printed out online in your user account or by contacting our customer support.


8.5 If multiple products are being returned, please keep the products separated and in the original product packaging. Please do not combine accessory items in tool boxes. Accessory items need to be individually checked in and approved to ensure completion of return and a full refund.


8.6 To avoid misunderstandings: The goodwill right does not apply for digital content that is not delivered on a physical carrier (e.g. a CD or cartridge).


8.7 Until the expiry of the period for the mandatory right to withdraw, only the legal conditions listed under Section 7 apply. The goodwill right of return does not limit your statutory warranty rights as set out below.

 

9. Problems with the products

 

9.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can contact us at our support site at www.wacom.com/support/contact-support telephone our customer service team at +44 207 744 08 31 or write to us at Völklinger Straße 1, 40219 Düsseldorf, Germany.

(Consumer customers only)

9.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with the contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

 

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

Goods

If your product is goods, for example a tablet, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

  1. a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
  2. b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
  3. c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

Digital content

If your product is digital content, for example an app, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

  1. a) If your digital content is faulty, you're entitled to a repair or a replacement.
  2. b) If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
  3. c) If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation

9.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage or collection. Please use the return label included with your product.

 

10. Software licenses


10.1 All software products including pre-installed software in the hardware products or bundled with this software are not sold but made available for use within the scope of each particular licensing agreement. The licensing is granted either by Wacom or the third party owning the software according to the licensing agreement, which is linked to the software and/or the product.


10.2 The rights required to use the products shall be granted in accordance with the respective terms and conditions of  the Provider. The Provider shall be solely responsible for the contents of these terms and conditions. You must familiarize yourself with the Provider’s terms and conditions for the relevant product.


10.3 If no express software licensing agreement is supplied with the product, the software license is granted on a non-exclusive (i.e. it is not exclusively licensed to you) and non-transferable (i.e. you cannot transfer your right to use the software to a third party) basis to one single user. The software may not be retranslated to other code forms (decompiling), returned to previous development stages (reverse engineering), edited, converted, further developed or transferred to another data medium.

 

11. Our rights to end the contract

 

11.1     We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a)        you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;

(b)       you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;

(c)       a product which you have ordered is not available due to non-delivery, incorrect or delayed deliveries by our own suppliers, which have not been caused by us (in which case, we will notify you of the non-availability of the product without undue delay and will promptly refund any payment received from you for the respective product).

11.2     You must compensate us if you break the contract. If we end the contract in the situations set out in Section 11.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

11.3     We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 30 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

 

12. Duties and obligations of the Customer


12.1 You agree to safeguard all access data provided by Wacom to the Wacom eStore and to the products, and protect this data from unauthorised third-party access.


12.2 You agree to make regular, risk-appropriate back-up copies of all data entrusted by you to Wacom or its Providers for the purpose of the use of these products.


12.3 In using the products, you agree to comply with all applicable statutory provisions. The use of products for the transmission, storage, dissemination or other use of content that is illegal, immoral, sexually offensive, insulting, or that incites hatred and violence, is prohibited.


12.4 You agree not to use the products in any way that could compromise their data security and integrity. In particular, the products may not be used for spamming, illegal manipulation of data or cyber attacks of any kind whatsoever.


12.5 In the event of a breach of Section 12.3 or 12.4, Wacom shall be entitled to temporarily block your access to the products concerned. Any further claims on the part of Wacom shall remain unaffected.


12.6 Where a third party claims that the data or content provided by you within the scope of the use of products are in violation of law, Wacom shall be entitled to block such content either completely or temporarily. In such cases, Wacom will request that you cease the violation or provide evidence of the legality of the content within a reasonable period of time. If you fail to comply with this request or if you are unable to provide sufficient evidence of the legality of the contents, Wacom shall be entitled - notwithstanding further rights and entitlements - to terminate the contract without notice.


12.7 You shall compensate Wacom in full for any losses incurred by Wacom  from all third-party claims that are asserted against Wacom due to a breach of obligation on the part of you during use of the products, provided that (a) Wacom shall inform you without delay in written or text form of any claims asserted by third parties and shall conduct the defence in consultation with you and (b) Wacom shall neither recognise third-party claims nor make any agreements with regards to such claims without your consent. This compensation shall also include all defence costs, court fees, fines and necessary expenses that are reasonable and customary in the industry.

 

13. Data protection

Information on Wacom’s use of your personal data can be found in the privacy policy available at https://www.wacom.com/privacy.  Our collection and processing of cookies is described in Wacom Cookie Notice available at https://www.wacom.com/cookie-notice.

 

14. Warranty (Business customers only)

 

If the product is sold to a business customer, the business customer is entitled to warranty claims in relation to defective products in accordance with the following provisions:

14.1 A product shall only be regarded as being defective if the product does not have the contractually agreed quality or is not reasonably fit for the product's specified intended use, both as set out below.

The contractual quality of the product and specified intended use shall be as set out in  the provisions of these terms, the product description, any user documentation made available by us, the summary of services provided by Wacom prior to Conclusion of the Contract as well as any supplementary license and usage conditions applicable to the respective product.

In the event of deviations which only insignificantly affect the suitability of the product for the use stipulated in the contract, claims for defects shall be excluded ("Insignificant Deviations"). Deviations which have an effect on the stored data in such a way that an economically reasonable use of essential parts of the product is not possible or only possible to a limited extent are not considered Insignificant Deviations.

14.2 A business customer may reject any product delivered to it that does not comply with the warranty at Section 14.1, provided that:

(a) notice of rejection is given to Wacom:

(i) in the case of a defect that is apparent on normal visual inspection, within five business days of delivery;

(ii) in the case of a latent defect, within a reasonable time of the latent defect having become apparent; and.

(b) none of the events listed in Section 14.4 apply.

14.3 If the business customer fails to give notice of rejection in accordance with Section 14.2, it shall be deemed to have accepted the product.

14.4 Wacom shall not be liable for a product's failure to comply with the warranty set out in Section 14.1 in any of the following events:

(a) the business customer makes any further use of the product after giving notice in accordance with Section 14.2;

(b) the defect arises because the business customer failed to follow Wacom's oral or written instructions for the storage, commissioning, installation, use and maintenance of the product or (if there are none) good trade practice regarding the same;

(c) the defect arises as a result of Wacom following any drawing, design or specification supplied by the business customer;

(d) the business customer alters or repairs the product without the written consent of Wacom;

(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or

(f) the product differs from its description as a result of changes made to ensure it complies with applicable statutory or regulatory requirements.

14.5 If the business customer rejects a product under Section 14.2 then the business customer shall be entitled to:

(a) require Wacom to repair or replace the rejected product; or

(b) require Wacom to repay the price of the rejected product in full.

Once Wacom has complied with the business customer's request, it shall have no further liability to the business customer for the rejected product's failure to comply with Section 14.1.

14.6 The terms of this agreement shall apply to any repaired or replacement product supplied by Wacom.


15. Limitation of Liability

If you are a consumer user:

15.1     We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

15.2     We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at Section 9.2; and for defective products under the Consumer Protection Act 1987.

15.3     If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

15.4     We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 

If you are a business customer:

15.5     We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

15.6.    Subject to Section 15.5, we exclude all implied conditions, warranties, representations or other terms that may apply to our products.

15.7     Subject to Section 15.5, Wacom's total liability to business customers shall not exceed twice the total price paid for the product or products to which the liability relates.

15.8     Subject to Section 15.5, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with these terms relating to the following types of loss:

(a)       loss of profits, sales, business, or revenue;

(b)       business interruption;

(c)       loss of anticipated savings;

(d)       loss of business opportunity, goodwill or reputation; or

(e)       any indirect or consequential loss or damage.

 

16. Final provisions

16.1     We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

16.2     You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

16.3     Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.


16.4     If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16.5     Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

16.6     Which laws apply to this contract and where you may bring legal proceedings. If you are a consumer, these terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

If you are a business customer, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

 

 

 

Last update: 15.04.2021


Wacom Europe GmbH, eStore, Völklinger Straße 1, 40219 Düsseldorf, Germany

Tel.: +44 207 744 08 31

Fax: +49 211 38548 111

Terms of Sale

 

Last Updated: 1st February 2020


Welcome to the Wacom Europe GmbH (“Wacom,” “we,” or “us”) eStore available under https://estore.wacom.com.
Wacom Europe GmbH is a registered company with its headquarters at Völklinger Straße 1, 40219 Düsseldorf, Germany, registered with the Düsseldorf District court under the commercial registry number HRB79224, emeasupport@wacom.com.


Wacom has the following sales identification number: DE120692751 and can be reached at www.wacom.com/support/contact-support.

1. Scope


1.1 These Terms apply to your purchase of any products from Wacom through the eStore, except to the extent you have entered in a separate written agreement with Wacom that supersedes these Terms. Products may be Wacom’s own products, products of companies associated with Wacom, or third-party products (in each case “Provider”). Wacom shall inform the customer in good time and in an appropriate manner whether Wacom or a third party is the Provider of the product. Certain products may also be accompanied by other terms and conditions, in which case, those other terms and conditions may also apply to your purchase of those products in case we explicitly refer to them.


1.2 You acknowledge the exclusive applicability of these Terms of Sale as the contractual basis for purchasing products. Any conflicting general terms and conditions of you are excluded, even if we do not expressly object to them.


1.3 You can access and print out the current Terms of Sale during the whole purchase process and at any other time on our website. We do not store this contract text after conclusion of the contract.

 

2. Conclusion of Contract


2.1 We are your contract partner when purchasing products in the Online Shop. You can purchase products as a registered user or by using a guest account. The registration is subject to separate terms.


2.2 The provision of the products offered in the Online Shop does not constitute a binding offer by us to conclude a sales contract, but is an invitation to you to submit an offer to us. You make a binding offer for the purchase of a product by entering all required information during the ordering process and clicking on the “Order and Pay” button ("Offer"). Until you click the “Order and Pay" button, you can cancel the purchase process or change the information at any time by clicking on the (blue) “Back to cart” button or by navigating back within the bread-crumb menu at the top of the site. We will confirm receipt of your offer immediately after we have received your offer (“Order Confirmation and Acceptance E-Mail”). This Order Confirmation and Acceptance E-Mail represents our acceptance of your Offer ("Conclusion of Contract”). It contains the essential characteristics of the customer’s order.


2.3 In case of a payment method with immediate payment function, the provision of products in the Online Shop constitutes a binding offer by us. The contract is concluded when you accept our offer by clicking on the “Order and Pay” button.

 

3. Delivery, delivery dates, shipping costs


3.1 The products are shipped exclusively to shipping addresses in the countries of Norway, Switzerland and the European Union excluding the French overseas départements, Melilla, Ceuta, Greenland, Faroe Islands, Helgoland, San Marino, Canary Islands Channel Islands, Jersey, Guernsey and Gibraltar and Andorra unless a special exceptional agreement is made with Wacom.


3.2 The shipping method, shipping route and the selection of the shipping company is at our discretion.
You bear the delivery costs. The exact delivery costs are displayed before the Conclusion of Contract.


3.3 Wacom is entitled to perform partial services and to invoice them if no disadvantage results for the use of the products. In the case of a partial delivery, you only bear the delivery costs incurred for the first of the partial deliveries.


3.4 If no other delivery period is displayed during the order process or in the Order Confirmation and Acceptance E-Mail, the delivery period is four to six working days after customer has instructed the payment / in case of installments, after Conclusion of the Contract.

 

4. Payment


4.1 Upon Conclusion of Contract you are obliged to pay the purchase price for the products purchased plus any delivery costs or any fees for special methods of payment agreed on upon Conclusion of Contract (“Purchase Price”).


4.2 Unless otherwise stated, all prices are quoted including VAT, plus any agreed delivery and shipping costs and fees for special payment methods.


4.3 The Purchase Price is due upon Conclusion of Contract. If you use the bank transfer as a means of payment, we ask you to transfer the Purchase Price immediately after Conclusion of Contract, but you have to do so no later than within seven days.


4.4 Payment is made by the payment method you choose in the order process. The available payment methods will be displayed before the Conclusion of Contract. We are entitled to remove or add individual payment methods.


4.5 In the case of a return debit note, you are obliged to reimburse us for the costs actually incurred by the return debit note.


4.6 You are entitled to an offset if your counterclaims are determined to be legally valid or have been recognized by Wacom or result from reciprocal agreements.

 

5. Right of withdrawal for consumers

 

Consumers, i.e. persons who conclude a contract for the provision of one or more products for purposes that cannot be predominantly attributed either to their commercial or self-employed professional occupation, are entitled to the following right of withdrawal when concluding a contract:

 

5.1 Instructions on withdrawal with regard to the delivery of goods

If Wacom’s contractual obligation is the delivery of (physical) goods, the consumer has the following right of withdrawal:

 

Model Instructions on withdrawal


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 on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last goods.


To exercise the right of withdrawal, you must inform us (Wacom Europe GmbH, Return Logistics, Krefelder Straße 667, 41066 Mönchengladbach, Germany; emeasupport@wacom.com; Fax: +49 211 38548 111, Phone +49 69 66 30 82 00 (for local numbers, please check below*)) 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. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.


You shall send back the goods to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.


You will have to bear the direct cost of returning the goods.


You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

 

5.2 Special notes: Non-existence for sealed computer software

The right of withdrawal does not exist for contracts for the supply of sealed audio or sealed video recordings or sealed computer software, if they were unsealed after delivery.



5.3 Instructions on withdrawal with regard to digital goods

If Wacom’s contractual obligation is the delivery of digital goods, which will not be delivered by a physical data carrier, the consumer has the following right of withdrawal:

 

Model instructions on withdrawal


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 (Wacom Europe GmbH, Return Logistics, Krefelder Straße 667, 41066 Mönchengladbach, Germany; emeasupport@wacom.com; Fax: +49 211 38548 111, Phone +49 69 66 30 82 00 (for local numbers, please check below*)) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax 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.

 

5.4 Premature expiry of the right to withdraw


The consumer’s right to withdraw expires prematurely if Wacom began with the performance of the Contract of Purchase after the User had expressly consented to Wacom beginning with the performance of the contract prior to expiry of the withdrawal period, and the consumer had acknowledged that by his/her consent, he/she would lose the right to withdraw from the contract upon the performance of the contract having commenced.

 

5.5 Model Withdrawal Form

 

Model withdrawal form


(complete and return this form only if you wish to withdraw from the contract)


— To


Wacom Europe GmbH, Return Logistics, Krefelder Straße 667, 41066 Mönchengladbach, Germany; emeasupport@wacom.com; Fax: +49 211 38548 111


— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)


— Ordered on (*)/received on (*)


— Name of consumer(s)


— Address of consumer(s)


— Signature of consumer(s) (only if this form is notified on paper)


— Date


(*) Delete as appropriate.

 

6. Voluntary 30-day Right of Return after Receipt of physical Products


6.1 Without prejudice to your mandatory right to withdraw (see Clause 5.1 above), we grant you a voluntary right of return of 30 days from receipt of physical goods. With this right of return, you can return your products also after the expiry of the 14-day withdrawal period (see Clause 5 above) by sending them to Wacom Europe GmbH, Return Logistics, Krefelder Straße 667, 41066 Mönchengladbach, Germany; emeasupport@wacom.com; Fax: +49 211 38548 111.


6.2 To make a return please email us at emeasupport@wacom.com. Please include your full name, phone number, order number, product to return, quantity to return, and reason for return. Our Customer Service team will respond to your request within two business days (“Authorization”). We cannot process returns without prior Authorization. The voluntary right of return does not apply to the purchase of gift vouchers or software.


6.3 The 30-day return period begins on the day of receipt of the products. The timely dispatch of the products is sufficient to meet the period.


6.4 We will refund you the Purchase Price of the products. You will have to bear the direct cost of returning the goods. However, you will not be charged shipping and handling fees if you use our pre-paid return shipping label that can be printed out online in your user account or by contacting our customer support.


6.5 If multiple products are being returned, please keep the products separated and in the original product packaging. Please do not combine accessory items in tool boxes. Accessory items need to be individually checked in and approved to ensure completion of return and a full refund.


6.6 To avoid misunderstandings: The voluntary right does not apply for digital content that is not delivered on a physical carrier.


6.7 Until the expiry of the period for the mandatory right to withdraw, only the legal conditions listed under Clause 5 apply. The voluntary right of return does not limit your statutory warranty rights.

 

7. Retention of property


Wacom maintains ownership of delivered products until complete payment of all due invoices for the delivered products.

 

8. Software licenses


8.1 All software products including pre-installed software in the hardware products or bundled with this software is not sold but transferred for usage within the scope of each articular licensing agreement. With the Conclusion of the Contract, you shall be entitled to have Wacom provide you with the availability for use and the usage rights in the scope specified in the Terms and Conditions of License and Use and in accordance with the conditions stated therein. The licensing is granted either by Wacom or the third party owning the software according to the licensing agreement, which is linked to the software and/or the product.


8.2 Rights for products purchased by you shall be granted pursuant to the Terms and Conditions of License and Use for the relevant product, which are also concluded. Unless otherwise expressly stated in the respective Terms and Conditions of License and Use, rights shall be granted exclusively by the respective Provider.


8.3 The rights required to use the products shall be granted in accordance with the respective Terms and Conditions of License and Use of the Provider. These Terms and Conditions of License and Use may require additional legally binding declarations by you to the respective Provider. Moreover, these Terms and Conditions of License and Use may contain additional provisions on supplementary services offered by the Provider as well as on the availability of the product, rectification of defects by the Provider, etc. among other things. The Provider shall be solely responsible for the contents of these Terms and Conditions of License and Use. You shall be obligated to familiarize yourself with the Provider’s Terms and Conditions of License and Use for the relevant product.


8.4 If no express software licensing agreement is supplied with the product, the software license is granted on a non-exclusive and non-transferable basis to one single user. The software may not be retranslated to other code forms (decompiling), returned to previous development stages (reverse engineering), edited, converted, further developed or transferred to another data medium.

 

9. Duties and obligations of the Customer


9.1 You shall safeguard all access data provided by Wacom to the Wacom eStore and to the products, and protect said data from unauthorised third-party access.


9.2 You shall be obligated to make regular, risk-appropriate back-up copies of all data entrusted by you to Wacom or its Providers for the purpose of the use of these products.


9.3 In using the products, you shall comply with all applicable statutory provisions. The use of products for the transmission, storage, dissemination or other use of content that is illegal, immoral, sexually offensive, insulting, or that incites hatred and violence, is prohibited.


9.4 You shall not use the products in any way that could compromise their data security and integrity. In particular, the products may not be used for spamming, illegal manipulation of data or cyber attacks of any kind whatsoever.


9.5 In the event of a breach of Section 9.3 or 9.4, Wacom shall be entitled to temporarily block your access to the products concerned. Any further claims on the part of Wacom shall hereby remain unaffected.


9.6 Where a third party claims that the data or contents provided by you within the scope of the use of products are in violation of law, Wacom shall be entitled to block said contents either completely or temporarily. In such cases, Wacom shall request that you cease the violation or provide evidence of the legality of the contents within a reasonable period of time. If you fail to comply with this request or if you are unable to provide sufficient evidence of the legality of the contents, Wacom shall be entitled - notwithstanding further rights and entitlements - to terminate the contract without notice for good cause.


9.7 You shall indemnify Wacom from all third-party claims that are asserted against Wacom due to a breach of obligation on the part of you during use of the products, provided that (a) Wacom shall inform you without delay in written or text form of any claims asserted by third parties and shall conduct the defence in consultation with you and (b) Wacom shall neither recognise third-party claims nor put such beyond dispute without your consent. This indemnification shall also include all defence costs, court fees, fines and necessary expenses that are reasonable and customary in the industry.

 

10. Data protection

Information on Wacom’s use of personal data can be found in the privacy policy available at https://www.wacom.com/privacy.  Our collection and processing of cookies is described in Wacom Cookie Notice available at https://www.wacom.com/cookie-notice.

 

11. Warranty

11.1 If the product is provided free of charge or the customer is a consumer, the customer is entitled to warranty claims in accordance with the statutory provisions. Damage claims are subject to the provisions in Clause 12.

 

11.2 If the product is provided against a fee and the customer is not a consumer, customer is entitled to warranty claims in accordance with the following provisions. Damage claims are further subject to the provisions in Clause 12:(a) A defect shall only exist if the product does not have the contractually agreed quality or is not suitable for the contractually presumed use. The contractual quality of the product shall result in particular from the provisions of this contract, the stipulations in the product description, any user documentation made available, the summary of services provided by Wacom prior to Conclusion of the Contract as well as any supplementary license and usage conditions applicable to the respective product. In the event of deviations which only insignificantly affect the suitability of the product for the use stipulated in the contract, claims for defects shall be excluded (insignificant deviations). Deviations which have an effect on the stored data in such a way that an economically reasonable use of essential parts of the product is not possible or only possible to a limited extent are not considered insignificant deviations.(b) In case of a defect, Wacom is entitled to subsequent performance (repair or replacement, in its discretion) within a reasonable period of time enabling at least two attempts of subsequent performance. The customer's right to reduce the Purchase Price or to rescind the contract in the event of two failures of Wacom’s subsequent performance or to claim damages in accordance with Clause 12 remains unaffected.


12. Limitation of Liability

12.1 We are fully liable for intent and gross negligence as well as for damages caused by injury to life, body or health.

12.2 In an event of slight negligence, we are liable only for breaches of a material contractual obligation. A material contractual obligation in the meaning of this provision is an obligation that must be performed in order to make the implementation of this contract possible in the first place and on the performance of which the contractual partner may therefore generally rely.

12.3 In a case according to Clause 12.2, we are not liable for any lack of commercial success, lost profits and indirect damages.

12.4 Liability in accordance with the above Clause 12.2 is limited to the typical and foreseeable damages at the time of Conclusion of Contract.

12.5 The limitation of liability applies accordingly to the benefit of our employees, agents and vicarious agents.

12.6 Any potential liability on the part of us for any guarantees (which must be expressly designated as such in order to be guarantees in the legal sense) and for claims based on the German Product Liability Act (Produkthaftungsgesetz) or infringement of data protection law remains unaffected.

13. Place of performance and jurisdiction

The place of performance and sole jurisdiction is Düsseldorf, Germany insofar as it deals with a business person in the sense of the German Commercial Code (HGB) (“Kaufmann”) or a statutory corporation or if you have moved your permanent place of residence abroad after these Terms of Sale have become effective, or if your place of residence or habitual residence is not known or not in Germany or the EU at the time the action is filed.

 

14. Final provisions

14.1 The contractual language is German, English, French, Italian or Spanish.

14.2 If one of the clauses of these terms so be or become invalid, in full or in part, the remaining clauses remain unaffected.

14.3 All disputes resulting from this legal relationship are subject to German law with exclusion of United Nations Convention on Contracts for the International Sale of Goods. If you are a consumer, such a choice may not, however, have the result of depriving you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the law of the country in which the consumer has his habitual residence.

14.4 Information about Online Dispute Resolution: The European Commission operates an internet platform for the Online Dispute Resolution (“ODR-platform”). The ODR-platform serves as contact point for out-of-court resolutions of disputes concerning contractual obligations stemming from online sales or service contracts. You will find the ODR-platform at http://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute settlement procedure before a consumer dispute resolution body.

 

 

 

Last update: 1st February 2020


Wacom Europe GmbH, Online Shop, Völklinger Straße 1, 40219 Düsseldorf, Germany

 

*We are able to help you in English, German, French, Italian, Spanish and Russian.


United Kingdom
+44 207 744 08 31


Austria
+43 1 790 825 550


Belgium
+32 2 275 06 91


France
+33 1 7020 0070


Germany
+49 69 66 30 82 00


Italy
+39 02 4528 7050


Russia
+7 4992722061


Spain
+34 91 787 0346


Switzerland
+41 44 212 2818


Other countries
+44 207 949 0392
+49 69 66 40 43 93