Updated: 31 July 2018
Effective: 31 August 2018, unless you agree to these terms sooner, like when you place an order, create a Trax account or pair your device. Then these terms are effective as of the date of your agreement.
General Terms & Conditions
1.1 These terms and conditions (the “Terms”) shall apply to all purchase orders submitted or to be submitted by you for any hardware, software, or license offered to you on or via traxfamily.com (the “Site”), or agreed directly with WTS. All hardware, software, or licenses offered to you on or via the Site is offered to you by WTS – Positioning Solutions AB, corporate registration number 556498-1800, with registered address Wallingatan 18, 11124 Stockholm, Sweden (hereinafter referred to as “WTS”).
1.2 The hardware, software, or licenses offered on or via the Site is intended for adults, if you are under the age of 18, or the legal age of majority in your place of residence, you warrant that your parent, legal guardian, or other responsible adult has given their prior consent to your purchase via the Site.
2. Purchase Orders and Prices
2.1 Any order submitted by you is subject to WTS’ acceptance. An agreement between you and WTS will be concluded only upon WTS’ acceptance.
2.2 All orders are subject to product availability.
2.3 WTS reserves the right, at our sole discretion, to reject any orders in part or in full, for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.
We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
WTS reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied.
WTS also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms, reselling shall be defined as purchasing or intending to purchase any product(s) from WTS for the purpose of engaging in a commercial sale of that same product(s) with a third party.
2.4 The applicable prices are stated on the Site on the date the order is placed. WTS reserves the right to change the prices at any time but such change will not affect orders made prior to the date of the change. All prices are inclusive of VAT (value added tax). You are solely responsible for any local taxes, sales and use taxes and any other taxes and government levies and custom duties, if any, associated with your order.
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price.
2.5 Shipping and handling charges (if any) will apply in addition to the sale price indicated on the Site. Shipping and handling charges (if any) will vary depending on your delivery address and purchased hardware, software, or license. The shipping and handling charges applicable to your purchase order will be displayed via your shopping cart on the Site.
2.6 WTS reserves the right to terminate devices purchased which include a fixed data plan and are not activated within a reasonable time after the expected time of expiration. WTS also reserves the right to terminate devices purchased which have not been activated, or used, for a period of 3-months or more and/or to apply a pause fee of €1 per device, per month.
3. Methods of payment
WTS accepts different payment methods depending on your country. The payment methods applicable to your country will be displayed via your shopping cart on the Site.
You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
4. Delivery and Risk of Loss
4.1 Subject to product availability, packages are generally dispatched 3-7 days after WTS receives payment. Standard delivery times vary depending on your country.
4.2 Your order will be delivered to the address specified by you as your delivery address, electronically or by automatic activation (applicable if you purchase a license). If your order consists of multiple products WTS reserves the right to deliver and/or activate each product separately.
4.3 The risk for loss or damage to the hardware, software, and license will pass to you at the point when delivered to your stated delivery address or your possession.
5.1 When placing a Pre-Order, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. WTS shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to the order being shipped by sending an e-mail to firstname.lastname@example.org.
5.2 The expected shipping date of Pre-Orders is subject to reasonable delays in manufacturing and/or delivery. Such date is only an estimate, is subject to change, and WTS does not represent or warrant that it will be able to ship the Product by an estimated date. As a result, in the event that a delay arises and the estimated shipment and/or release of the product is not met, WTS is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. The order will be shipped in the order in which your Pre-Order is received by WTS. Shipments will be made Monday – Friday, excluding holidays, unless otherwise noted.
5.3 The Pre-Orders are charged only at the time of shipping. WTS will not charge your order in advance, unless otherwise clearly specified on the product page on the Site and during the check-out process. When the product is ready for shipping, you will receive an email notification with the shipping details. This is when your credit card/ Paypal account will be charged for the total value of the order.
6. Return Policy
6.1 You are entitled to return hardware purchased via the Site for any reason at any time during fourteen (14) days following the date of receipt at your delivery address. Your right to return hardware purchased via the Site is conditioned upon that the hardware has not been used.
6.2 If you elect to return hardware purchased via the Site in accordance with Section 6.1 above you must contact WTS within fourteen (14) days following the date of receipt at your delivery address via email@example.com to obtain a return number. The hardware must be returned in its original packaging and in a substantially unchanged condition to the address provided by WTS. You are responsible for paying the shipping costs associated with the return of the hardware. If the returned hardware is returned in a substantially unchanged condition WTS will refund you the sums paid for the applicable hardware. WTS will not refund you if the returned hardware is not returned in a substantially unchanged condition.
6.3 You are entitled to cancel software purchased via the Site in accordance with Section 5.1 and 5.2 above only if you have not installed, downloaded or activated the software.
7. Limited Warranty Applicable to Hardware Sold by WTS
7.1 WTS offers a limited warranty that the hardware sold by WTS will be free from defects in material and workmanship when used normally and in accordance with WTS instructions. To the extent permitted by applicable law, the limited warranty offered by WTS is limited for a period of one (1) year from the date when the hardware was purchased. If the time limitation of one (1) year from the date when the hardware was purchased is in non-compliance with mandatory law, WTS offers a limited warranty in accordance to the law.
7.2 This Warranty does not apply to: (i) cosmetic damage including but not limited to scratches and broken plastic (ii) consumable parts, such as batteries or protective coatings, unless failure has occurred due to a defect in materials or workmanship; (iii) damage caused by accident, abuse, misuse, liquid contact, fire, or other external cause; (iv) damage caused by use with another product; or (v) defects caused by normal wear and tear or otherwise due to the normal aging of the hardware. This limited warranty does not cover software or licenses.
7.3 EXCEPT FOR THIS LIMITED WARRANTY WTS PROVIDES PRODUCTS “AS IS” AND WTS MAKES NO WARRANTY AS TO THE PRODUCTS, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ACCESSIBILITY AND AVAILABILITY.
7.4 If you wish to make a claim under the limited warranty you have to contact WTS via firstname.lastname@example.org within one year from when your hardware was purchased. The hardware must be returned to WTS as soon as possible following your notice to WTS to the address provided by WTS together with an explanation of the defect.
Any provisions which by their nature are intended to remain in force upon the expiry or termination of any sale or subscription will remain in effect.
9. Contact Information
All questions, complaints and other communication regarding these Terms shall be made in writing and sent to WTS by email or by registered mail to the following address:
WTS – Positioning Solutions AB
Any provision of these Terms that is prohibited or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective to the extent of the prohibition or unenforceability without invalidating the remaining provisions of the Terms. Such prohibited or unenforceable provision will be interpreted as closely as legally possible to the original sense and purpose of such provision. Any prohibition or unenforceability in any jurisdiction will not invalidate or render unenforceable that provision in any other jurisdiction.
11. Applicable Law
These Terms are governed by the substantive laws of Sweden and will be interpreted according to it, without prejudice to any other mandatory rule prevailing in your country of habitual residence. Therefore, the interpretation, execution and cancellation of these Terms are subject exclusively to Swedish law and any disputes relating to and/or consequential to them shall be resolved exclusively by Swedish courts. If you are a consumer, any disputes will be resolved by the court of your domicile or residence based on the applicable law. Notwithstanding anything to the contrary, nothing will prevent WTS from bringing an action for infringement of intellectual property rights against you or any claim regarding non-payment against you in any country where such infringement or non-payment is alleged to occur or in your country of habitual residence.