EMEA Terms of Sale
Last Updated Date: September 22th, 2016
Thank you for shopping at the GoPro, Inc. (“GoPro”) online web store (“web store” or “website”). The following Terms of Sale (“Agreement”) apply to purchases of our products and/or services (“Products”) through the web store in the Europe, Middle East and Africa region. Based on your territory and/or the delivery territory of the Products, a different version of these terms of Sale may apply to your purchase. If this is the case, such different version will be presented to you in the web store at the point of purchase.
Please read this Agreement carefully and make sure that you understand them before ordering any Products from the website. Please note that before placing an order you will be asked to agree to this Agreement. If you refuse to accept the terms of this Agreement, you will not be able to order any Products from our web store.
If you have placed an order but do not wish to be subject to this Agreement, you must promptly cancel your order before your offer is accepted and the contract is concluded (typically within 24 hours) by contacting GoPro customer support using the contact information listed below, or by returning your purchase in accordance with Section 7 below.
You should print a copy of this Agreement or save them to your computer for future reference.
1. Selling Entity
Although GoPro is the operator of the website, Products sold through the web store are sold to you by ModusLink B.V. (“ModusLink”) pursuant to contractual arrangements with GoPro. Your contract for the purchase of any Products from the web store will therefore be with ModusLink.
ModusLink’s contact information is as follows:
Laan van de Leeuw 4
7324 BD Apeldoorn
Tel: +31 (0)55 543 4422
Fax: +31 (0)55 543 4444
E-mail address: email@example.com
VAT identification number: NL800610040B01
Registered with the Chamber of Commerce file number: 08055138
Except as otherwise indicated, the website is operated by GoPro Inc, a corporation registered in Delaware (Company number 4989358), with the registered address 2711 Centerville Road, Suite 400, Wilmington, DE, 19808. Our main trading address is 3000 Clearview Way, San Mateo, California, United States, 94019.
Ordering and Purchases
Our shopping pages will guide you through the steps you need to take to place an order with us. If you wish to purchase any Products made available through the web store (each such purchase, a “Purchase”), you may be asked to supply certain information in connection with such Purchase, including without limitation your credit card number or other payment account number, your billing address, and your shipping information.
When you place an order to purchase a Product through the web store, the receipt of your order will be confirmed by email. Your order constitutes an offer to ModusLink to purchase a Product. Neither a confirmation of receipt of your order nor any charge of your credit card or other payment instrument by or on behalf of ModusLink means that your order has been accepted. ModusLink reserves the right to accept or reject your order in its own discretion.
Note that ModusLink only ships orders to the countries specifically identified on the website and reserve the right to refuse shipment to other countries. Your order is accepted by ModusLink when ModusLink sends an email confirmation to you that ModusLink has shipped the Product to you ("Email Confirmation"). The contract between you and ModusLink will only be formed when they send you the Email Confirmation.
Product availability and pricing is subject to change prior to ModusLink's acceptance in an Email Confirmation. Where the Products revised price is less than the price stated on the website, you will be charged the lower amount. If the Products revised price is higher than the price stated on the website, ModusLink will contact you as soon as possible to inform you of the revised price and will give you the option of continuing to purchase the Product at the higher price or cancelling your order. ModusLink will not process your order until it has received your instructions. If ModusLink are unable to contact you using the contact details you provided during the order process, ModusLink will treat your order as cancelled and notify you in writing.
ModusLink will inform you by email if a Product you ordered is unavailable or if ModusLink will be unable to ship a Product within the estimated shipping dates, in which case you may cancel your order. Upon your cancellation or ModusLink's rejection of your order ModusLink will refund any payments you may have made no later than thirty (30) days.
2. Customer Support and After-Sales Services
You may contact GoPro's customer service for questions and complaints from 06:00 to 20:00 on weekdays and from 07:00 to 16:00 on Saturday and Sunday at the telephone number specified on https://gopro.com/support/telephone-numbers or by filling in the specific online customer assistance form, available at https://gopro.com/contact-us
3. Payment Terms
The prices displayed on the website are quoted in the applicable currency based on the location you have selected and will be inclusive of VAT. The prices displayed on the website do not include applicable shipping and handling charges, which will be displayed during the check-out process and separately before you submit your order.
Payment must be made by credit card or wire transfer. In the event of a pricing error on an item that you have ordered, ModusLink will notify you and give you the option of continuing to purchase the Product at the correct price or cancelling the order. ModusLink will await your approval of the corrected price before continuing to process your order. If ModusLink are unable to contact you using the contact details you provided during the order process, ModusLink will treat your order as cancelled and notify you in writing.
Due to special promotions and sales, items in your shopping cart may have a different price from the price displayed on the product page when it was first placed in your cart. All prices and other charges are subject to change without notice at any time before you submit your order. Your credit card or other payment instrument will be billed by ModusLink and the charge may appear on your statement as “ModusLink B.V.”.
ModusLink generally does not charge your payment method until after your order has entered the shipping process.
4. Shipping; Title; Risk of loss
ModusLink will contact you with an estimated delivery date, which will be within 30 days after the date of the Email Confirmation (the date on which ModusLink email you to confirm its acceptance and shipment of your order). Orders are shipped on weekdays (Monday through Friday), except for national holidays in the Netherlands. If any products in your shopping cart indicate “Pre-Order” as the status, your entire order will be delayed until all of the items in your order are in stock. You will receive an Email Confirmation with the carrier tracking information on the day that your order ships from ModusLink’s warehouse. When an order is placed, it will be shipped to the shipping address provided by you during the order process as long as that shipping address is complete and compliant with the shipping restrictions contained on the website. All shipments are made by an independent third party carrier chosen by ModusLink. ModusLink will inform you by email upon shipment of a Product. Risk of loss for items purchased from the website passes to you upon delivery of the items to the shipping address provided by you.
ModusLink’s standard shipping charges are based on the total value and/or size and/or weight of merchandise shipped in a single shipment and the shipping address. Charges for expedited delivery, if applicable, are in addition to the standard shipping charge. All of the possible shipping charges will be displayed on the website before you place your order.
ModusLink retain ownership of the products shipped until ModusLink has received final payment in full from you.
If ModusLink miss the 30 day delivery deadline for Product, then you may cancel your order straight away if the following apply:
If you do not wish to cancel your order straight away, or do not have the right to do so, you can give ModusLink a new deadline for delivery, which must be reasonable and you can cancel your order if ModusLink do not meet the new deadline.
If you choose to cancel your order for late delivery, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them or allow them to be collected, and your costs in doing this will be reimbursed. After you cancel your order, you will be refunded any sums you have paid for the cancelled Products and their delivery.
5. Order Cancellations / Modifications
If you are looking to cancel an order that was recently placed, please immediately call GoPro at the number listed below and one of the Support Reps will be able to help out. Once an order has been placed, there is a very short time frame in which we can cancel, so it cannot be guaranteed that it will be possible to cancel your order. All orders typically ship out within 24 hours.
Should cancellation not be possible, you can refuse delivery of the package, and a refund will be issued minus shipping costs upon return receipt of the package. If you have received the Product, and would like to return it for a refund, please see Section 7 below.
For security reasons, ModusLink unfortunately cannot make address changes once an order has been placed. UPS, FEDEX or GoPro’s carrier of choice will make three attempts to deliver your package to the provided address, and after the third attempt you will be able to arrange for pickup from the nearest UPS, FEDEX or GoPro’s carrier of choice facility. Otherwise, the shipment will be returned to ModusLink's warehouse and a refund will be processed for the items. There is a small possibility that ModusLink may be able to cancel your current order, as long as it has not been processed or shipped, and then a new order can be placed with the correct address. Please contact the number below to inquire about your options.
6. Right of Withdrawal
Withdrawal right disclosure
Right of withdrawal
You have the right to withdraw from this contract within 14 days during the period set out below without giving any reason. This means that during the withdrawal period, if you change your mind or decide for any reason that you do not want to receive or keep the Products, you can notify GoPro of your decision to cancel the contract and receive a refund. 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, physical possession of the goods.
Note the withdrawal right does not apply to (i) the supply of goods made to your specifications or clearly personalized, and (ii) the supply of sealed computer software which are unsealed after you receive them.
To exercise the right of withdrawal, you must inform us that you have decided to cancel. You can email us at firstname.lastname@example.org or contact the GoPro's Sales Support Team on the number provided below or by post to the following address:
c/o ModusLink B.V
Laan van de Leeuw 4
7324 BD Apeldoorn
Tel.: +31 (0)55 543 4422
Fax: +31 (0)55 543 4444
You may use the attached model withdrawal form, although this 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.
If you are emailing or writing to GoPro please included details of your order so that it can be identified. If you send GoPro your cancellation notice by email or post, then your cancellation is effective from the date you send us the email or post the letter to GoPro.
Effects of Withdrawal
If you withdraw from this contract, GoPro 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 GoPro are informed about your decision to withdraw from this contract. GoPro 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. GoPro 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 or hand them over to GoPro to the address indicated below 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 GoPro. The deadline is met if you send back the goods before the period of 14 days has expired.
c/o ModusLink B.V
Laan van de Leeuw 4
7324 BD Apeldoorn
GoPro will 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 is necessary to establish the nature, characteristics and functioning of the goods.
Model Withdrawal Form
(complete and return this form only in case you wish to withdraw from the contract)
GoPro, c/o ModusLink B.V, Laan van de Leeuw 4, 7324 BD Apeldoor, The Netherlands
Fax: +31 (0)55 543 4444
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),
(*) Delete as appropriate.
7. Return Policies; Exchanges
GoPro wants you to be totally psyched about the Products you purchase on the web store. If at any time within 30 days of receiving your Products, you are not 100% satisfied, you may return it to ModusLink for a refund. No questions asked. Any items damaged due to reasons not covered under warranty cannot be accepted back for refund under GoPro's 30 Day Money Back Guarantee. Also, associated shipping fees are not refundable. Please see GoPro's Warranty and Returns Policy for more information.
Most of the Products sold through the web store come with a GoPro warranty. Details of the warranty applicable to your web store purchases can be found at https://gopro.com/support/articles/warranty-information/
Please note that if you are a consumer, such warranty shall leave your statutory rights in relation to Products that are faulty or not as described unaffected.
9. Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT GOPRO MAKES NO OTHER REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS IN RELATION TO THE PRODUCTS, SERVICES, SOFTWARE, MAINTENANCE OR SUPPORT OR FOR NON-GOPRO BRANDED PRODUCTS. SUCH PRODUCTS, SOFTWARE, SERVICES, MAINTENANCE OR SUPPORT IS PROVIDED "AS IS" AND ANY THIRD-PARTY WARRANTIES, PRODUCTS, SOFTWARE, SERVICES, MAINTENANCE OR SUPPORT ARE PROVIDED BY THE ORIGINAL MANUFACTURER OR SUPPLIER, NOT GOPRO. ANY REPRESENTATION, CONDITION OR WARRANTY WHICH MIGHT BE IMPLIED OR INCORPORATED INTO THIS AGREEMENT BY STATUTE, COMMON LAW OR OTHERWISE (INCLUDING BUT WITHOUT LIMITATION ANY IMPLIED TERM AS TO QUALITY, OR FITNESS FOR PURPOSE) IS EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME JURISDICTIONS DO NOT ALLOW THE ABOVE LIMITATIONS, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
GOPRO-BRANDED WARRANTIES AND SERVICES ARE EFFECTIVE ON PAYMENT IN FULL, AND GOPRO ARE NOT OBLIGATED TO HONOR ANY WARRANTY OR PROVIDE ANY SERVICE UNTIL PAYMENT DUE FROM YOU HAS BEEN RECEIVED IN FULL.
GOPRO MAY REQUEST CANCELLATION OF THIRD-PARTY-BRANDED SOFTWARE LICENSES, SERVICES, MAINTENANCE OR SUPPORT IF PAYMENT DUE FROM YOU IS NOT RECEIVED IN FULL. IF YOU PURCHASE THIRD-PARTY-BRANDED PRODUCTS, SERVICES, MAINTENANCE OR SUPPORT, ADDITIONAL THIRD-PARTY TERMS AND CONDITIONS MAY APPLY.
Software is subject to the separate software license agreement accompanying or made available to you in connection with the software. With respect to software made available to you in connection with your purchase of GoPro Products, if no license terms accompany the software, then subject to your compliance with the terms set forth in this Agreement, GoPro hereby grants you a personal, nonexclusive license to access and use such software solely as necessary for you to enjoy the benefit of the Products. Title to software remains with the applicable licensor(s).
11. Changed or Discontinued Product
This policy is one of ongoing update and revision. GoPro may revise and discontinue Products at any time without notice to you and this may affect information saved in your online shopping cart. Such revisions or changes will not affect any confirmed orders. The image or 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 your computer display of the colours accurately reflects the colour of the Products.
12. Limitation of Liability
Nothing contained in this Agreement shall exclude or restrict your rights in relation to the Products and Services to be supplied under the Agreement where to do so is unlawful pursuant to any mandatory consumer law applicable to you.
GoPro accept liability for death or personal injury caused by its negligence or that of its employees and agents. GoPro do not seek to exclude liability for fraudulent misrepresentation by it or its employees or agents or for any liability that cannot be limited or excluded by applicable law.
In no event shall GoPro, Inc., its subsidiaries, affiliates, ModusLink or their respective suppliers, officers, directors, employees, or agents be liable to you or any third party for any indirect consequential losses (where consequential losses means loss arising as a side effect of the main loss) which are not a reasonably foreseeable consequence of such main loss or damage (which means that they could not be contemplated by you or GoPro at the time of entering into this Agreement) whatsoever including, but not limited to: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; or (e) loss of data.
Neither GoPro or ModusLink will be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure is caused by an event or events beyond its reasonable control, such as for example and without limitation: third party strike action, terrorism, war, natural disasters, severe weather, unforeseeable manufacturing or transport disruption affecting suppliers.
(ii) In an event of slight negligence, GoPro, Inc., its subsidiaries and affiliates and ModusLink shall be liable only for breaches of a material contractual obligation (cardinal duty). A “cardinal duty” in the meaning of this provision is an obligation whose fulfillment makes the implementation of this contract possible in the first place and on the fulfillment of which the contractual partner may therefore generally rely.
(iii) In a case according to clause (ii), GoPro, Inc., its subsidiaries and affiliates and ModusLink shall not be liable for any lack of commercial success, lost profits and indirect damages.
(iv) Liability in accordance with the above clauses (ii) and (iii) shall be limited to the typical, foreseeable damages.
(v) The limitation of liability shall apply mutatis mutandis to the benefit of the employees, agents and vicarious agents of GoPro, Inc., its subsidiaries and affiliates and ModusLink.
(vi) Any potential liability on the part of GoPro, Inc., its subsidiaries and affiliates and ModusLink for any warranties and for claims based on the German Product Liability Act shall not be affected.
13. Not For Resale or Export
You agree to comply with all applicable laws and regulations of the country to which you ship your Products. You agree and represent that you are buying for your own internal use only, and not for any commercial , business, resale or export purposes. Terms and conditions for resale, and information regarding how to apply to become a re-seller are located at: https://gopro.com/support/articles/how-to-become-a-domestic-or-international-dealer Products, which may include technology and software, are subject to U.S. export laws as well as the laws of the country where they are delivered or used. You agreed to abide by these laws. Under these laws, Products may not be sold, leased or transferred to restricted countries, restricted end users or for restricted end uses. You specifically agree that Product(s) purchased from ModusLink will not to be used for activities related to weapons of mass destruction, including but not limited to, activities related to the design, development, production or use of nuclear materials, nuclear facilities, or nuclear weapons, missiles or support of missile projects, or chemical or biological weapons. You agree that you will not sell, lease, or otherwise transfer Product(s) to end-users engaged in these activities. GoPro will not provide warranty support or Service in respect of a Product which have been exported in violation of these provisions.
14. Statutory Warranty Rights regarding Defects
Please note you have statutory rights in relation to the Products, sold to you. Those legal rights are not affected by any GoPro warranty.
15. Governing Law and Dispute Resolution
This Agreement and the relationship between you and GoPro shall be governed by the laws of England and Wales. In this case, you may bring an action against us in the courts of England and Wales. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
16. Miscellaneous Provisions
17. Customer Support
If you would like to contact GoPro customer support, please call GoPro toll-free via the number specified at https://gopro.com/support/telephone-numbers