GENERAL TERMS AND CONDITIONS OF SALE TO ONLINE CUSTOMERS
PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE MAKING YOUR DECISION TO PURCHASE.
1. General
1.1. This website is intended only for purchasers wishing to order Philips Products online for delivery in the United States of America.
1.2. This website is operated by Philips North America LLC.
1.3. The terms and conditions under which the Products are offered for sale on this website are set out below. By ticking the “I have read and agree” box on the order form and submitting the order, you accept and agree to be bound by these terms and conditions. Philips reserves the right to change these terms and conditions at any time without prior notice.
1.4. Neither Philips failure nor your failure to enforce any term of the contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
1.5. The invalidity or unenforceability of any provision of the contract shall not adversely affect the validity or enforceability of the remaining provisions.
2. Placing Your Order
2.1. You may purchase on this website only after an account is created.
2.2. After logging into your account, you can process an order with the contents of your cart. Philips will not accept orders placed in any way other than those listed above.
2.3. When you place your order, Philips will issue you an Order Number. Philips will do this via this website. Please note that such an Order Number is supplied for reference purposes only and does not constitute our acceptance of your order.
2.4. By placing an order, you make an offer to Philips to purchase the Products you have selected on these terms and conditions. Orders submitted by you are binding on you and cannot be cancelled after order submission.
2.5. Philips will notify you of our acceptance by issuing an order confirmation, which Philips will send to you by e-mail. The order confirmation will be effective as of the date on which the order confirmation is sent to you.
2.6. Please note that the on-screen display of the colors or designs of Products may differ from the actual appearance or size of Products.
3. Supply of Your Products
3.1. Subject to these terms and conditions, Philips will supply to you the Products indicated on your order confirmation.
4. Prices
4.1. All prices are in USD. Prices shall be those prices published on this website at the time you submit your order. The prices published on this website are exclusive of sales tax and shipping costs. These costs will be calculated separately as applicable and specified on the order form and added to the total price of the order. Shipping charges apply to order values less than $100 USD. The total price stated at checkout is the total amount payable by you for the Products, including all taxes and shipping charges.
4.2. Delivery costs, where applicable, are payable by you as indicated at the time of payment.
5. Paying for Your Products
5.1. You may pay for your Products by the methods of payment displayed on the payment page of the web site.
5.2. You must pay in the currency as indicated at checkout. Your invoice will be sent via email.
5.3. If you are paying by credit card, then you must supply your credit card details when you place your order. Your credit card will be charged at the moment of purchase. Philips will not supply the Products to you, nor perform the services, until your credit card issuer has authorized the use of your card for payment of the Products and/or services ordered. If Philips does not receive such authorization, Philips shall inform you accordingly. Philips reserves the right to verify the identity of the credit card holder by requesting appropriate documentation.
6. Delivery of Your Products
6.1. Orders placed on this site can only be delivered in the United States. We are currently unable to deliver to American Samoa, Guam, Northern Mariana Islands, Puerto Rico and the US Virgin Islands territories. We cannot deliver to a PO Box, BFPO address or military bases due to shipping restrictions.
6.2. Philips will deliver the Products to the delivery address you have specified on the order form and in accordance with the delivery option you have chosen. If you order various Products to be delivered to different addresses, you will need to submit a separate order for each delivery address. Any delivery or shipment dates given by Philips are best estimates only, and Philips shall not be liable for any loss, damage, costs, or expenses for failure to deliver in accordance with the delivery or shipment dates given.
6.3. For Products that are not in stock, you may be able to reserve a specific quantity of the Products. When the Products are back in stock, Philips will notify you, and you can complete the process of placing an order as in Section 2.
6.4. Title to and risk of loss of your Products will pass to you on delivery of the Products.
6.5. When Products have been delivered to the carrier, Philips will send you confirmation of shipment by e-mail.
7. Returns policy
7.1 Products
7.1.1. If a Product is sold as part of a Product combination (bundle) in which other Products are offered for free or at a discount compared to their normal price, the bundled Product must, at Philips’ request, be returned with the Product purchased. Philips reserves the right to invoice you if any free or discounted bundle Products are not returned.
7.1.2. If an order was supplied in error or is incomplete or defective and you believe that you are entitled to a replacement, please call Philips at +1 (361) 459-7232 between 9am EST to 5pm PST, Monday to Friday.
7.1.3. Product(s) need to be returned to their original condition. If you are entitled to a replacement in accordance with paragraph 9.1.3 or 10 below, the transportation charges will not be applied.
7.2. Steps to Follow to Claim a Return
7.2.1. Please call Philips on +1 (361) 459-7232 between 9am EST to 5pm PST to make arrangements for return. You will then be provided with an RMA (Return Material Authorization) number.
7.2.2. Philips will subsequently arrange for the Product(s) to be collected by its nominated carrier. Depending on which carrier it is, you will either be asked to contact them, or in the case of larger items you will be called to arrange a collection time.
7.2.3. Before returning any Product(s) please check that you have:
7.2.4. Received an RMA number from Philips.
7.2.5. Enclosed all accessories, in box warranties and other material supplied unless informed otherwise.
7.2.6. Used all packaging that was originally supplied.
7.2.7. Clearly displayed the returns address and the RMA number.
7.2.8. Sealed the packaging securely.
7.2.9. Following these steps will help ensure the Product(s) arrive at the correct destination and in good condition within a timely fashion. Please note that your failure to follow this procedure may result in the returned Product(s) being rejected upon receipt and you may forfeit your right to a refund.
7.2.10. Please note that Philips reserves the right to reject any Product(s) that are not returned in accordance with the provisions set out above and particularly within paragraphs 7.1.1 and 7.1.3.
8. Warranty
8.1. Philips-branded Product Warranty. Philips warrants the Products as set forth on the warranty card supplied with the Product and/or as may be stated on the Web Site. Specific warranties may apply to certain Products (such as customized Products) as specified on the Web Site. With respect to software, no warranty shall apply other than as expressly set forth in the applicable license agreement. Should the Product supplied by Philips not comply with the applicable warranty, Philips shall, at its option and expense, unless provided otherwise in the applicable warranty, repair or replace the Product or refund the purchase price upon return of the Product. Except as expressly set out in these terms and conditions, to the fullest extent permitted by law Philips hereby disclaims any and all warranties, whether express or implied. The limited warranty set out above will not affect or prejudice your statutory rights.
8.2. Non-Philips-branded/Third-party Products. For non-Philips-branded Products (including non-Philips-branded Products contained in product bundles or promotions), all warranty claims, where relevant, are to be made in accordance with the terms and conditions of any standard manufacturer’s warranty which may be included with the Products purchased. In relation to any existing manufacturer’s warranty, any warranty claims should first be made either directly to the manufacturer or to Philips by phone.
9. Philips Liability
9.1. These terms and conditions set out the full extent of Philips’ obligations and liabilities in respect of the supply of the Products (and performance of telephone support and warranty services) and the performance of any Services.
9.2. Save as set out at paragraph 8, there are no warranties, conditions or other terms that are binding on Philips regarding the supply of Products or the provision of Services except as expressly stated in the contract.
9.3. Any warranty, condition, or other term arising out of or in connection with the supply of Products and/or the provision of Services that might otherwise be implied into or incorporated in the contract by statute, common law, laws applicable in the country where you purchased the Products or Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, Philips will not be responsible for ensuring that the Products are suitable for your purposes.
9.4. Nothing in the contract shall limit or exclude our liability (i) for death or personal injury caused by our negligence, (ii) for fraud, (iii) any breach of the obligations implied by applicable compulsory national laws as to title, or (iv) any liability which cannot be excluded by law.
9.5. SUBJECT TO CLAUSE 9.4, PHILIPS WILL NOT BE LIABLE UNDER THE CONTRACT FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE.PHILIPS MAXIMUM AGGREGATE LIABILITY UNDER THE CONTRACT WHETHER IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNT PAYABLE BY YOU TO PHILIPS IN RESPECT OF THE PRODUCT(S) OR SERVICES IN QUESTION.
9.6. This does not affect your statutory rights as a consumer, nor your right to return the Products as per clause 7.
10. Contacting Philips AED Shop
10.1. You can contact Philips AED Shop by telephone on +1 (361) 459-7232 between 9am EST to 5pm PST, Monday to Friday or by using the e-mail form located here.
11. Data Protection
11.1. Your transaction records are accessible to you, if you are a registered customer, by entering your Web Order Number(s) so that you can check the status of your order(s) and check the order content.
11.2. By placing your order, you agree and understand that Philips may store, process, and use the data collected from your order form for processing your order. This data will be treated in conformance with the Philips Privacy Policy, which is available by clicking on the button “Privacy Policy” in the footer of this website. If you wish to have access to information we hold concerning you, if you want to make any changes to this information, or if you do not want to receive information from Philips, please follow the procedure in Philips’s Privacy Policy
12. Circumstances Beyond Philips Reasonable Control
12.1. Philips will make every effort to perform Philips’ obligations under the contract. However, Philips cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, Philips will perform our obligations as soon as reasonably possible
13. Disagreements, Governing Law, and Jurisdiction
13.1. These Conditions of Sale shall be governed by the laws of the country or state wherein the Philips legal entity identified in the quotation is situated, and the parties submit to the exclusive jurisdiction of the courts of that country or state, provided that Philips will be entitled to start legal proceedings against the Customer in any other court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA), in any form, is expressly excluded..
14. Special Terms for Medical Devices
14.1. These special terms apply to Products that are medical devices.
14.2. You should take advice from a qualified doctor or healthcare provider before using any device that may affect your health or changing any treatments for conditions. You are responsible for your decision to purchase and use the Product.
14.3. You should only use the Product in connection with the condition for which it is designed to treat. You should always follow the instructions for use of the Product that comes with the Product.
14.4. Do not attempt to dis-assemble, modify, adapt, or destroy the Product.
14.5. You use the Product at your own risk. Philips does not guarantee that use of the Product will achieve any particular result or effect. If you notice any negative effects following use of the Product, you should consult with a doctor immediately.
15. Safe Harbor' Statement under the Private Securities Litigation Reform Act of 1995
The information on this website may contain certain forward-looking statements with respect to the financial condition, results of operations and business of Philips and certain of the plans and objectives of Philips with respect to these items. We caution readers that no forward-looking statement is a guarantee of future performance and that actual results could differ materially from those contained in the forward-looking statements. Examples of forward-looking statements include the statements we have made about our strategy, estimates of sales growth, future EBITA and cost savings, future developments in our organic business as well as the benefit of future acquisitions, and our capital position. By their nature, forward-looking statements involve risk and uncertainty because they relate to future events and circumstances and there are many factors that could cause actual results and developments to differ materially from those expressed or implied by these forward-looking statements. The forward looking statements are subject to, among other things, domestic and global economic and business conditions, the successful implementation of our strategy, our ability to identify and complete successful acquisitions and to integrate those acquisitions into our business, consumer preferences with respect to our existing and new products, our ability to develop and market new products, our ability to realize the benefits of this strategy , the policies and actions of governmental and regulatory authorities, changes in legislation, and the impact of competition – a number of which factors are beyond our control. As a result, our actual future results may differ materially from the plans, goals, and expectations set forth in such forward-looking statements. Additional risks and factors are identified in our documents filed with or furnished to the U.S. Securities and Exchange Commission (the “SEC”) including in our most recent Annual Report on Form 20-F, which is available on the SEC’s website at www.sec.gov. Any forward-looking statements made by or on our behalf speak only as of the date they are made. We do not undertake to update forward-looking statements to reflect any changes in expectations with regard thereto or any changes in events, conditions, or circumstances on which any such statement is based. The reader should, however, consult any additional disclosures that we have made or may make in documents we have filed or may file with the SEC.
16. Dispute Resolution
These Terms of Use shall be governed by and construed in accordance with the laws of France. You agree to the non-exclusive jurisdiction of the courts in the United Kingdom for any disputes, claim or cause of action arising out of, or relating to or in connection with these Terms of Use or your use of this Web Site, including any disputes relating to the existence or validity of these Terms of Use, provided that you agree to submit any such disputes, claims or causes of action exclusively to the courts of the United Kingdom. Please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr
17. Severability
If any provision of these Terms of Use is held to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.
18. No Waiver
No failure on the part of Philips to enforce any part of these Terms of Use shall constitute a waiver of any of Philips' rights under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by Philips nor the reliance of any person on Philips' actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Philips shall have any legal effect whatsoever.
19. Headings
The headings of the sections of the Terms of Use are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the Terms of Use.
Thank you for joining our Web Site.
