Terms & Conditions
Disclaimer
SAPIÊN has made every effort to ensure that all information, images, audio, video, and other materials on this website ("Content") are accurate and up-to-date at the time of publication. However, we do not guarantee the accuracy or completeness of the Content and are not liable for any errors, omissions, or defects. Please note that product colors displayed on the Website may vary depending on your screen resolution and may not perfectly represent the actual item.
To the fullest extent permitted by law, SAPIÊN, along with its directors, employees, agents, and contractors, disclaims all liability for any indirect, incidental, or consequential loss, including loss of profits, income, business, or goodwill, arising from your use of this Website or reliance on its Content, regardless of any negligence on our part or that of related entities.
Where applicable laws, including the Competition and Consumer Act 2010 (Cth), impose obligations on SAPIÊN that cannot be fully excluded, our liability will be limited to resupplying the Content to the maximum extent permitted by law.
The following conditions regulate the sale of products featured on this website by our company:
1. SAPIÊN
Registered at the Dutch Chamber of Commerce under number 94808317 and with VAT Number NL005111800B03
Website: www.sapien-official.com
Customer: a natural person who is of legal age and who is not acting within the context of practising a profession or conducting a business, with whom SAPIÊN concludes an Agreement.
Order: an agreement between SAPIÊN and the customer made for the delivery of one or more products, which SAPIÊN accepted as such.
2. APPLICABILITY
Below, we invite you to review the terms and conditions which regulate the purchase of SAPIÊN products via www.sapien.com. These terms and conditions apply to all orders placed on the website by customers worldwide. SAPIÊN reserves the right to update these terms and conditions from time to time. If you have any queries regarding the Terms & Conditions, please contact us.
3. ORDERS ON THE WEBSITE
3.1 Availability of the service
SAPIÊN offers worldwide shipping. Before placing an order on our website, please make sure that you are:
– over 16 years old
– a consumer and not a professional reseller
3.2. Purchase procedure
To make a purchase, the customer’s personal details will be required and will be included on our database in order to process the order. The personal details provided by customers will be treated in accordance with our Privacy Policy.
When you submit an order we will send you an e-mail confirming that the order has been received (“Order Confirmation”). At this point, the agreement to deliver the ordered product is accepted by SAPIÊN. As a consequence a contract, containing these terms and conditions, comes into existence and is binding between the customer and SAPIÊN.
If you do not receive this e-mail, this could be due to a temporary communications problem in the network or an error in the e-mail address entered. In both cases, SAPIÊN advises the customer to contact us.
3.2. Refusal of order
Whilst we will use our reasonable endeavors to process all the orders submitted to us, SAPIÊN reserves the right not to accept your order for any reason. SAPIÊN also reserves the right to cancel a Contract in the following situations, without the obligation to compensate the buyer for any losses other than a refund of the amount received from the buyer:
– in exceptional circumstances that the product appears to be not available or not in stock after we have sent you an order confirmation
– your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
– we have reason to believe the customer is under 16 years old;
– we have reason to believe that the customer is a reseller;
– in the event of misspelling, pricing or other errors or mistakes in the Website information;
– we could not deliver to the address provided by you;
– due to an event outside our control (see art. 8: ‘Force Majeure’)
4. PRICE AND PAYMENT
4.1 Payment and currency
The currency is Euro
4.2 Value Added Tax (VAT)
All prices shown on our website include 21% VAT, in accordance with the applicable legislation in the Netherlands. Please note: non-EU customers may be subject to import duties and taxes, which are levied when the delivery reaches the specified destination. You will be responsible for payment of such import duties and taxes. Please note that we have no control over these charges and, since they are different for different countries, we cannot predict their amount. We advise customers to contact their local customs office for further information.
4.4 Guaranteed Price
SAPIÊN is not obliged to fulfill and/or deliver an order, in case of an error in the presentation of the product or an error in the wording of the specifications of the product and i) it should have been clear to the buyer that the error was a typographical error or ii) in case it should have been clear to the buyer that in the circumstances at hand, it would not be reasonable to expect that the product could be available at the presented price level or with the presented specifications.
4.5 Payment methods
SAPIÊN offers a wide variety of payment methods. Our safe payment methods include, amongst others: Visa, MasterCard, American Express and IDEAL. For all payments by credit or debit card, the charge will be made online, in other words, in real time, through the payment gateway of the corresponding financial entity, once it has been confirmed that the data sent by the customer is correct.
4.6 Payment security
In order to offer maximum security in the payment system, SAPIÊN uses the secure payment systems of the leading financial entities in e-commerce. Therefore, all confidential data is transferred directly and in an encrypted format (SSL) to the corresponding financial entity.
5. DELIVERY
Delivery of items purchased at our website will be carried out via the postal services and their partners around the world.
In order to avoid any delivery problems (incorrect addresses, nobody at home, etc.), you must fill the address form correctly and it is advisable to leave a contact telephone number in the corresponding field.
Once the order has been handed over to the carrier, SAPIÊN will send customers a track and trace code, allowing them to track the order from their computer at any moment until final reception
5.1 Delivery terms
SAPIÊN will try everything within its capacities to deliver the order within the expected delivery terms at the delivery address. The customer bears the responsibility for the correct input of the delivery address; in case anything goes wrong with the shipment of an order, due to an error in the delivery address (that can be attributed to the customer), SAPIÊN cannot be held responsible for the (partial) loss of the shipment. In case SAPIÊN needs additional information regarding a delivery address, the customer may be approached by us to provide additional information. A delay in the delivery may occur in case additional information regarding the delivery address is needed.
5.2 Damaged, incomplete or wrong product(s)
In case a product has been delivered to the customer in damaged or incomplete state, the customer must inform the SAPIÊN customer care team as soon as possible (within 24 hours after receiving the order) by e-mail. Subsequently, SAPIÊN will properly deal with the matter at hand; the customer must always inform SAPIÊN in the aforementioned situation(s) and wait for the instructions of the SAPIÊN customer support team. A customer who returns a product in this situation at his own costs, without contacting and awaiting the instructions of our support team, cannot claim the costs he/she made at SAPIÊN (not hold SAPIÊN responsible for the return shipment that took place without prior consent of SAPIÊN).
In case the customer receives a product that the customer did not order, the buyer must inform SAPIÊN as soon as possible (within 24 hours after receiving the order). The customer must take care of the return shipment of such a product after receiving return instructions from SAPIÊN and SAPIÊN will bear the costs of this shipment and must subsequently take care of the shipment of the correct product to the customer.
5.3 Missing items
In case the order that has been shipped or is being shipped by SAPIÊN to the customer is missing, went missing, or in case the customer claims that he/she did not receive the order (despite information such as the track & trace data / carrier information, indicating otherwise), the complaint procedure of the carrier will be started and the outcome of this procedure will be awaited, before any refund or re-shipment shall take place. The buyer must fully cooperate with the complaint procedure of the carrier. In case of a shipment that went missing as the result of an error by the carrier (and after the complaint procedure of the carrier has been completed), SAPIÊN will either refund the customer or try to re-ship the ordered product.
In case a shipment has not been delivered at the delivery address (or pick-up point) of the customer after 14 days, the customer has the obligation to inform the SAPIÊN support team by e-mail within 14 days i.e., ultimately 28 days after the shipment date).
6. EXCHANGES AND RETURNS
Any purchase made through the website www.sapien-official.com may be returned up to 14 days from receiving the order.
If the consumer exercises their right of return, the costs of returning the products will be borne by the consumer.
The right to return the product only applies in the case that the product and its original packaging can be returned in the same state as when received. The customer is only allowed to unpack and/or to use the ordered product as far as is needed to be able to determine whether he/she wants to keep the product.
The buyer is responsible for the return shipment of his/her order and bears all the risks related to the return shipment. SAPIÊN advises the customers to return a product by insured shipment and in a sealed packaging. In case an insured return shipment goes missing, gets damaged or in case the reception of a returned shipment is denied (for example, in case no valid signature can be shown by the carrier), the customer then has the option to hold the carrier liable. The customer, as the sender of the return shipment, must start the complaint procedure for any issue that may occur with the return shipment. The customer must keep the (official, digital) receipt of his/her return shipment that contains the tracking information.
7. FORCE MAJEURE
SAPIÊN shall be exempt from liability for damages and other penalties on the performance of the contract prevented, hindered or delayed by circumstances beyond our control. As the release factor should be considered include government intervention, new / amended legislation, lack of state, war, fire, flood, labor disturbance, prohibitions, restrictions, sabotage, poor transport or weather conditions or lack of delivery from suppliers and the company is exposed to criminal activity that affects activities.
8. PERSONAL DATA AND PRIVACY
SAPIÊN complies with the privacy regulations, as recorded in the "Wet Bescherming Persoonsgegevens" (the "Dutch Personal Data Protection Act"). The customer, for example, always has the possibility to see, to amend or to delete his/her personal data, by logging into his/her account on www.sapien.com
SAPIÊN will store the data entered by the customer in a file. The data will be used for the purpose of fulfilling the customer's order and will be stored as long as is necessary in order to deal with possible issues regarding the fulfillment of the order. SAPIÊN guarantees that all personal data will be handled with care. The customer's personal data will not be shared with any third party, except for purposes of fulfilling the order or for repair purposes. SAPIÊN is allowed to use the customers' data to advertise products to the customer.
9. APPLICABLE LAWS
Dutch law applies to all agreements and legal relationships between SAPIÊN and the customer, regardless the country from which the customer places an order and regardless the country to which the order will be shipped.
10. INTELLECTUAL PROPERTY
10.1 Copyright
All content on this website is protected by Dutch, European, and international copyright laws, unless otherwise indicated.
You may view and use this site and its content for personal information, research, or study. You are allowed to save or print copies of the content for personal use, provided that: (a) you do not modify the content without express permission from SAPIÊN under agreed conditions; and (b) you include the copyright notice "© SAPIÊN" on any reproductions.
You are not permitted to reproduce, frame, transmit, adapt, link to, or otherwise use any content from this website without written consent from SAPIÊN, except as expressly allowed under these terms.
10.3 Trademark Notice
This website contains registered trademarks, which are either owned or licensed by SAPIÊN and are protected under Dutch, European, and other international laws. You may not use SAPIÊN’s trademarks, except when: (a) saving or printing a copy of this website as permitted under the copyright section; (b) making legitimate references to SAPIÊN or its products; or (c) with prior written consent from SAPIÊN.
Any use of trademarks not owned or licensed by SAPIÊN is not intended to imply any association with or endorsement by the trademark owner.
(c) Intellectual Property in Designs
This website contains graphics and product designs that are protected by copyright and/or design laws, including the EU Community Design Regulation. SAPIÊN actively enforces its intellectual property rights under applicable laws.
It is strictly prohibited to create electronic or physical copies of the products displayed on this website for the purpose of reproduction in whole or in part.