General Terms and Conditions, Firstbeat Wellness webshop
Version 25 November 2021
Purpose and Scope
These terms and conditions (“Terms”) apply to any and all purchases of Products made through this Site (Firstbeat Wellness Shop) maintained and operated by Firstbeat Technologies Oy (“Firstbeat”, “we” or “us”) (FI17827725, VAT number).
Currently Products are only sold to Business Customers, as defined below, through this Firstbeat Wellness Shop.
These Terms become valid once a buyer (“Buyer” or “You”) accepts these Terms upon purchase and receives an order confirmation from the Firstbeat Wellness Shop. Please read this document carefully as it contains the terms and conditions that you agree to be bound by when purchasing Products through the Firstbeat Wellness Shop. These Terms and the information You provide during the ordering process in the Site constitute a legally binding agreement between You and Firstbeat.
“Firstbeat” means Firstbeat Technologies Oy (Finnish Business ID 1782772-5) a privately owned Finnish corporation duly registered in Jyväskylä, Finland having its registered office at address: Yliopistonkatu 28 A, 40100 Jyväskylä, Finland.
“SITE” means the world wide web Firstbeat Wellness Shop of Firstbeat at the URL/domain name https://shop.firstbeatlife.com/
“YOU” or “BUYER” means a person using this Site on behalf of a legal entity which he/she is empowered to represent and representing (“Business Customer” or "Customer"); irrespective of whether purchasing Products or not. Currently Products are only sold to Business Customers through this Firstbeat Wellness Shop.
“TERMS” means these Firstbeat Wellness Shop terms and conditions.
“PRODUCTS” means products that Firstbeat offers for sale under this Site. The Products may refer to devices and accessories of Firstbeat offered in this Site, or contain certain computer software which will be licensed to You subject to these Terms and terms and conditions of the applicable license terms or existing contract terms between You and Firstbeat. The detailed description of Products is available in the Product description in this Firstbeat Wellness Shop or in product specific agreements terms displayed during purchase confirmation, if available
"PRODUCT TERMS" means any Product specific terms available in the Product specific agreement terms, if available in the Firstbeat Wellness Shop at the time of Your order.
In order for Firstbeat to process Your order, You shall give relevant, correct and complete contact information for the delivery and billing of the Products. You hereby acknowledge and agree that You have provided accurate and complete information inquired.
Buyer shall be at least 18 years of age and consent and agree to these Terms. You hereby acknowledge and agree that in order to Firstbeat to process Your order, You must be a representative of a Business Customer with legal authority to enter into an agreement on their behalf with Firstbeat. If specified in some service specific terms and privacy policies, those terms and policies may be agreed between you and Firstbeat. In case the Business Customer You represent has an existing agreement with Firstbeat and there is any discrepancy between the Product Terms, Terms and existing agreements, the priority is: 1. Product Terms, 2. Terms, 3. existing agreements.
By purchasing Firstbeat Life Corporate products and accepting the Webshop Terms and Conditions, Customer accepts the following documents as part of the agreement:
(1) Firstbeat Life Service Agreement Terms, General Terms
(2) Firstbeat Life Service Description
After approving to these Terms and filling in an order form as defined in the Site and in other user instruction submitted to the Site, You shall confirm and submit Your order. In the event You need to correct any information given by You during the ordering process, You may make corrections needed, before You confirm and submit Your order. By submitting an order to Firstbeat You submit an order for the Product on the Terms provided herein which shall be accepted or rejected by Firstbeat at its own discretion. Firstbeat will provide You with an confirmation of order by e-mail stating the relevant information of the order, including but not limited to the list of ordered Products, price of the ordered Products, delivery terms of ordered Products and the delivery address.
After Firstbeat has sent You such a confirmation a legally binding agreement is deemed to be constituted.
Ordering Products or Software
The process to order Firstbeat Products (devices and accessories) is the following:
1) Choose the Products
3) You will receive an order confirmation from email@example.com
4) You will receive delivery information
The process to order Firstbeat Life subscription licenses and other Firstbeat Services is the following:
1) Choose the item. Please note that for Firstbeat services and licenses a no return policy applies and these items are subject to item specific separate terms, to be approved when making the purchase.
3) You will receive an order confirmation from firstname.lastname@example.org
4) Services are provided separately within the next working days. If buying additional user subscription license to the existing software account, they will become visible in the user account of the software without additional confirmation.
Product and Software Availability
Firstbeat software license and Products can be purchased pursuant to these Terms. Firstbeat will inform You of any non-availability of ordered Products without delay.
Any use of Firstbeat software and services is made pursuant to the service specific terms. You commit to use software in accordance with these terms.
For more information of territory-specific availability restrictions, please contact email@example.com.
Shipping & Delivery
The delivery shall be carried out by mailing. The Products shall be delivered to You within reasonable time after Your order or within the time limit granted during the ordering process (if any).
Firstbeat reserves a right to postpone the delivery without any liability in case the delay is due to any cause beyond Firstbeat’s reasonable control. In the event of such delay, Firstbeat shall inform You via e-mail as soon as it is possible.
The delivery times expressed in these Terms (if any) are estimations only, and the final delivery time depends on availability of Products and the method of delivery You have chosen.
All Products are delivered based on the delivery option and shipping rates displayed during the ordering process. On Checkout the delivery costs are added to the final sum of the order. Time of delivery in Finland is typically approximately 2-5 business days. For international deliveries, the shipping usually takes 3-6 business days from placing an order.
Firstbeat Wellness Shop may have limitations to the availability in different countries. End-Users, who use the Producs, may have limitations to the availability of Product related deliveries. For example, if a Business Customer in Finland buys Services and assigns a product, which contains electrode or device deliveries, to an End-User, whose postal address is outside EU, the End-User may not be able to order such deliveries.
Payment and Prices
The Product prices shall be identified on the Site at the time of the placement of Your order. Any price quotations provided by Firstbeat on this Site shall be valid as stated on the Site. Prices are displayed excluding the value added tax (VAT) during the shopping, and finally the delivery location dependent VAT is added at checkout after entering Your delivery address. For more information of taxes, see Clause “Taxes”.
Any and all prices are exclusive of shipping and mailing costs.
You agree to ensure that the credit card You use is valid at the time of the transaction, that You are the rightful holder of the credit card and that the credit card is used within its card limits.
Any credit card payments are subject to the approval of the financial institution issuing Your credit card, and Firstbeat is entitled to process inquiries for approval and for other related credit status information with appropriate financial institutions and other credit agencies. Firstbeat shall not be liable in any way if such financial institution or credit agency refuses to accept or honour the credit card for any reason.
You shall carry any and all of Your own costs including but not limited to telecommunication expenses and Firstbeat takes no responsibility for the payment of such fees. Firstbeat is entitled but not obliged to take a reasonable insurance to the Products to cover the possible damages or loss of Products during mailing or shipping.
Value Added Tax (VAT), if applicable to You based on your delivery address, will be added to the Product prices when confirming the order, unless by the information provided by You, You are not liable to pay such tax.
Payable VAT is displayed to You when making the order. If You have any questions regarding payment, please contact us on firstname.lastname@example.org
As an example, Business Customer from the European Union can purchase Products without the VAT with a valid VAT number. In order to purchase software or Products as a company, You must enter a valid Value Added Tax (VAT) number on the required field upon purchase.
For outside-EU deliveries, such as in United Kingdom, the Customer is responsible for customs costs. Please note that country-specific customs costs are added to the final sum upon collecting the item from local customs.
You shall adhere to any relevant export control laws and regulations (including, but not limited to the U.S. export control laws and regulations) and shall not export or re-export any information or Products received from Firstbeat.
Warranty is provided according to your existing contract terms. You shall read carefully the warranty terms, product manuals and any user instructions provided by Firstbeat before using the Products.
In the event the delivery contains certain software products, the warranty is in accordance with the applicable agreement and all other warranties are hereby excluded.
For refunds, see separate Refunds Policy.
Protection of Privacy
Firstbeat shall not be liable for any delay or non-performance of its obligations hereunder in the event and to the extent that such delay or non-performance is due to an event of Force Majeure. For purposes hereof, events of Force Majeure are events beyond the control of Firstbeat whose effects are not capable of being overcome without unreasonable expense and/or loss of time to Firstbeat. Events of Force Majeure shall include (without being limited to) war, acts of government, export regulations, acts of terrorism, natural disasters, fire and explosions.
Firstbeat’s liability shall be limited as follows: a) Firstbeat is not liable to You or any third party in any way for loss of credit card. Firstbeat takes no liability for any unauthorized use of credit card; b) Firstbeat is not liable for the non-availability of this Site caused by transmission problems. Firstbeat assumes no liability of any delay, data loss or damage during the transmission from this Site to You.
Customer shall be liable to ensure the compatibility of Products (if any) with Customer’s technology and devices and the fitness of Products for Customer’s intended purpose. In particular, Firstbeat is not liable for fitness of Products for Customer's intended purpose, and Firstbeat shall not be liable for any use of Products as professional services or for other commercial purposes.
In no event shall Firstbeat be liable for any special, indirect, incidental or consequential damage, including but not limited to loss of sales, business or data, lost profits or loss of use or other equipment or goodwill. The overall liability of Firstbeat for any and all claims arising out of or in connection with the purchase of the Product shall not exceed the price of the Products delivered. Irrespectively of the value of an individual purchase the overall liability of Firstbeat never exceeds 50 EUR.
These Terms, any order and communication between You and Firstbeat shall be given in English language, unless Finnish is used with Finnish-speaking Customers.
All disputes arising out of or in connection with these Terms shall be finally settled as agreed in the separate agreement with the Business Customer. Except as expressly required by mandatory law and unless otherwise agreed in separate agreement with the Business Customer, these Terms of Service shall be governed by and construed in accordance with the laws of Finland, excluding UN Convention on Contracts for the International Sale of Goods.
These Terms shall be valid until further notice. The agreement between You and Firstbeat regarding specific purchases through Firstbeat Wellness Shop terminates without notice when both parties have fulfilled their obligations.
Support and Additional Information
For matters related to purchases from Firstbeat Wellness Shop, please contact email@example.com
For payment related matters, please contact firstname.lastname@example.org.
For matters related to service and technical support, please contact email@example.com.
Contact information of Firstbeat
Firstbeat Support can be reached in Finnish business days and time at https://www.firstbeat.com/en/support/
Firstbeat Technologies Oy
Yliopistonkatu 28 A, 40100 Jyväskylä, Finland
Tel: +358 (0)20 7631 660