TERMS OF SALE
ACT Head Impact Tracker webstore in www.act-tracker.com
1. GENERAL INFORMATION
These Terms of Sale establish the conditions for the sales made between any individual wishing to make a purchase of product(s) (“products”) from www.act-tracker.com (“webstore”) and Northern Sports Insight and Intelligence Oy, Terkko Health Hub, Haartmaninkatu 4, Building 14, 00290 Helsinki, Finland (“NSII” , “we” or “us”), register number 2821770-3.
Using the ACT Head Impact Tracker webstore means you agree to comply with our Terms of Use, Terms of Sale and any applicable Privacy Policies. If you do not agree to our Terms of Use, Terms of Sale, or our applicable Privacy Policies (together ”Terms”), you must not use ACT Head Impact Tracker or our Webstore. Our Terms apply to all use and transactions made in and via www.act-tracker.com webstore. These Terms of Sale (including our Privacy Policy for the Website) only apply to purchases made in the webstore. The webstore may be used only for lawful purposes and in a lawful manner only. You agree to comply with all applicable laws, statutes and regulations regarding the webstore and any transactions conducted on or through the webstore.
Northern Sports Insight and Intelligence Oy may transfer its rights and obligations related to the Terms of Sale to a third party without your prior consent. Please note that you are not allowed to transfer your agreement to the Terms of Sale to any third party. If any part of clause in these Terms of Sale is illegal, unfit or any other way unenforceable this part is separated from the Terms of Sale and removed. The remaining parts of this Terms of Sale will remain and be binding and enforceable. We make no warranty that the webstore will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and/or reliability of the webstore. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the webstore.
We may change these Terms of Sale from time to time. Any changes to the Terms of Sale will apply to orders placed on or after the effective date. Terms of Sale applied to transactions made are those available at www.act-tracker.com website at the moment of transaction is made. By placing an order for product(s) you agree to be bound by and accept these Terms of Sale. In relation to purchases from the webstore, all the communication is made electronically by sending email or otherwise posting electronically. You can contact us by emailing to
2.ORDERING PRODUCTS
To be able to buy product(s) you have to:
• provide your name and address, phone number, email address, payment details and other required information
• be at least 18 years of age
In case you created an account with a personal user identification and password, keep your password protected at all times and do not disclose it to anyone else as you are personally responsible for each purchase made using your user identification and password. Browsing for products is done on the webstore. You place the order for selected product(s) by selecting the product(s), placing it (them) in the shopping basket and transmitting your order by clicking on the “Complete order” or similar button. Before transmitting the order, please make sure to check and amend any errors in your order details and in your personal information.
3. CONTRACT CONCLUSION
You agree that your order is an offer to buy the product(s) listed in your order under these Terms of Sale. You will get an order confirmation by email with your order number and details of the product(s) you have ordered. Conclusion of the contract will take place the moment you receive the order confirmation email. The order confirmation email is your proof of purchase. Please store it well in case you will need it for later use. We do not archive them. We make the appropriate efforts to process and fulfil any order as quickly as possible. However, we may, upon notice to you, decline to accept your order if: (a) the products are unavailable (in which case, if the payment was processed, we will refund you in accordance with these Terms of Sale); or (b) we are unable to verify the payment information you provided. We or our third-party service provider may, if suspect someone’s identity, address, email address and/or payment information is being used fraudulently or in an unauthorised manner, also require additional verifications or information before accepting any order. We may choose not to accept orders in our sole discretion and notably abnormal orders, orders which suspected to be placed not in good faith or orders which have not been placed by an individual. We are not required to provide a reason for declining to accept any order, though may do so in our sole discretion.
We are under a legal duty to supply products that are in conformity with the contract. Furthermore, nothing in these Terms of Sale affects your legal rights in relation to products that are not in conformity with the contract, whether because they are faulty, not as described or otherwise.
4. PRICES, TAXES, SHIPPING AND HANDLING FEES
The price charged for a product will be the price in effect at the time the order is placed and will be set out in the order confirmation email. We may change prices at any time without notice. Price increases will only apply to orders placed after such changes. Prices for the product(s) include VAT or other such applicable taxes but do not include charges for shipping and handling, or Import Charges or alike. Separate charges or fees for shipping and handling with related VAT or other such taxes will be shown during the checkout process. You will be fully responsible for paying all applicable Import Charges and alike directly to the relevant authority (and for reclaiming them in the event of a cancellation, an exchange or return of products(s), to the extent possible under the laws of your country) as determined by the authorities of the delivery destination country, and we shall have no responsibility or liability in connection with the foregoing.
You are advised that the characteristics of the products you are buying, as well as the price, Shipping and Handling fees, shall be those displayed to you at the checkout. Please make sure you review your checkout page so that you can identify and correct any input errors.
5. DELIVERY
At the current time, the webstore will only deliver to EU member states. We will pass the ownership of the product(s) ordered to you the moment we dispatch the product(s) to you (provided you have made full payment of the products price plus Shipping and Handling fees, and any other charges payable under these Terms of Sale, as applicable). Risk of damage or loss to the product(s) passes to you on delivery to you or to somebody identified by you to carry or take possession of the product(s) on your behalf.
You will be considered the importer of record of the product(s), and we will only be facilitating on your behalf as your agent. You therefore need to comply with all applicable laws, regulations, certifications and rules of the country into which you import the product(s). You acknowledge and agree that we, or anyone of our third-party fulfilment services providers acting on our behalf (each a “Fulfilment Provider”) may handle the delivery and fulfilment of your order, and that we have sole discretion as to the Fulfilment Provider we choose to use.
Delivery will be complete when the delivery has reached the address which you specify when ordering (that may include the port of entrance to the destination country as specified in the order for applicable customs declaration purposes). Your order will be fulfilled within 60 days after the date of the order confirmation, unless specified otherwise. Different parts of your order may be delivered on different dates. Unless otherwise stated, and subject to applicable laws, delivery dates given on the webstore and/or as part of the ordering process are estimates only. Delivery timeframes are affected by your delivery address and the delivery method. We are unable to specify an exact delivery date and time.
If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to contact the delivery company to arrange re-delivery. In case you unreasonably defer delivery or delay the receipt of delivery after being notified that we have tried to deliver the ordered product(s) to you, or if you have provided us with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us. We shall be entitled to cancel the contract and we will refund you in accordance with the provisions of Article 9.
We encourage you to examine the delivery package and received product(s) promptly after they are delivered to you and check their condition and that the content of the delivery package is complete. In case of damaged or missing product(s), please contact us at .
6. AVAILABILITY
We do not guarantee the availability of any product(s) in the webstore. Unless we accepted your order, we reserve the right, without liability or earlier notice, to change, discontinue or to stop making available any product(s).
7. PRODUCT INFORMATION AND COMPATIBILITY FOR INTENDED USE
Please take care when placing your order to ensure that the product(s) you purchase are compatible for the intended use. Please use the webstore and www.act-tracker.com website as your final point of reference when checking compatibility. In the event of a difference between the webstore and www.act-tracker.com content, and any other website (or any other source of information) the compatibility of product(s) as shown on the webstore at the time of purchase will be seen as taking precedence.
You are advised that there may be minor differences between the actual products and the way that it appears on the webstore or on the website, e.g., in relation to appearance / color / texture / finish. Also, the labelling or packaging of the products may differ from the images of these which you see on the site.
8. PAYMENT
You may pay with the payment methods specified at the checkout. Payment can be made by credit cards identified at the checkout, or such other payment methods (depending on your geographical location). When being charged, the descriptor you will see will show as identifier ‘PAYTRAIL”’ which is our third party payment processor (“Payment Processor”). You can learn more about our Payment Processor Paytrail Oyj (2122839-7) in their website www.paytrail.com. Paytrail Oyj is part of Nets and has SafePay certificate. Paytrail Plc acts as a collecting payment service provider and is an authorized Payment Institution. Paytrail Plc will be shown as the recipient on your bank or credit card statement. Paytrail Plc will forward the payment to the merchant. For reclamations, please contact the website the payment was made to.
Paytrail Plc
Innova 2
Lutakonaukio 7
40100 Jyväskylä, Finland
Business ID 2122839-7
You acknowledge and agree that: (i) we, or one of our third party payment processors (“Payment Processor”), will charge you through the payment method you have selected in your order and such other amounts payable under these Terms of Sale that may be due in connection with the order; (ii) you will provide valid and current information about yourself; (iii) we may use the tools, software or services of Payment Processors to process transactions on our behalf; and (iv) you may be charged bank or credit/debit card issuer with additional fees (such as foreign transaction fee or cross border fee) or surcharges imposed by your bank or credit/debit card issuer, and those are not our charges or fees, and neither have control over this nor do we have any way to mitigate this, as this is purely up to the relationship and commercial terms between you and your bank or credit/debit card issuer, and we also have no way of knowing in advance whether you will be charged such fees or surcharges.
All payments will be subject to security checks. Therefore, we or our third party payment processors may contact you to confirm your order information and order details such as proof of address, proof of address in the name of the person indicated for the delivery address, etc.
9. RETURN AND REFUND
If you are a consumer and a resident of a member state of the European Union, and if you have bought product(s) for your own private use as a consumer and want to exercise your right to cancel the contract, you may do so during the cancellation period, which will expire after 14 days after the day of delivery. This right is not affected by any separate returns policy in these Terms of Sale.
To exercise the right to return, you must inform us of your decision to return your order within 14 days after the delivery by a clear statement with your order number by email to , please write “Product return” in subject field. The products must be returned to us with the completed Return and Exchange Form in 14 days after informing us of your decision to return the product(s).
DUE TO HYGIENIC NATURE OF THE PRODUCT(S) AND ONE-TIME-ONLY-REGISTRATION OF THE HEAD SENSOR, YOU MAY ONLY RETURN AND GET REFUND ON UNWORN AND UNUSED PRODUCTS(S) IN THEIR ORIGINAL UNOPENED, UNTOUCHED AND SEALED PACKAGING. IF YOU HAVE OPENED THE SEAL OR OTHERWISE TAMPERED ON THE HEAD SENSOR’S PACKAGING YOU MAY NOT RETURN OR GET REFUNDED IT.
You will be liable for any diminished value of the product(s) resulting from your handling of the product(s) you bought. Once we have received the returned product(s) and your completed Return and Exchange Form, we will send you a confirmation email. You will bear the costs for returning the product(s). You must return the product(s) in their original unopened, untouched and sealed package. Please treat the product(s) with great care and return them in the condition that they were delivered to you. Please pack the product(s) securely and make sure that your order number is clearly visible on the outside of the parcel.
We will refund the price you paid for the product(s) once we have received the returned product(s) and your completed Return and Exchange Form at our warehouse. The Shipping and Handling fees or other such charges will not be refunded. Payment will be carried out using with the same means of payment as you used for the initial transaction. If you return product(s) 1) that you are not entitled to return, 2) that you damaged or used, or, 3) with product(s) missing, or 4) have otherwise failed to exercise great care when taking care of and returning product(s), we reserve the right either to reject your return and decline to refund, or to reduce any payments to be refunded to you for the diminished value of the product(s), subject to applicable law.
Other return cases: If the products you have received do not correspond to the ones you have ordered, product(s) is defect, or if your delivery is incomplete or damaged in transportation, please contact us without delay for assistance.
10. WARRANTY
Information on the ACT Head Impact Tracker head sensor warranty can be found in User Manual, which can be found in this website (www.act-tracker.com). Other products and services are provided “as is” and without any warranty.
11. PERSONAL INFORMATION
Our Privacy Policies explain what personal information we collect and why, how we process it and what measures are taken to protect your privacy. The policies apply to all personal information we collect. Please see the Privacy Policy for www.act-tracker.com website and Cookie policy in our website www.act-tracker.com for more information.
Paytrail Oyj will process your payment of the product(s). Paytrail Oyj will take reasonable care to keep the details of your order and payment secure, but (in the absence of material negligence on their part) Northern Sports Insight and Intelligence Oy can not be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the webstore.
We and our partners and service providers reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the order, and your use of the webstore, as we and our partners and service providers reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these and other applicable Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to your support requests, or (v) protect the rights, property or safety of us and our partners and service providers, our users or the public.
12. OUR LIABILITY
We are responsible only for losses that are a natural, foreseeable consequence of our breach of these Terms of Sale. We shall not be liable if we are prevented or delayed from complying with our obligations by anything that you (or anyone acting on your behalf) do or fail to do or due to events that are beyond our reasonable control. You should take all reasonable steps and precautions to ensure that the product(s) you order are suitable for your purposes. You must follow any advice that we give you in relation to product(s) (including instructions and User Manual). We do not accept liability for damage to product(s) that we have supplied when caused by your failure to follow our advice. We shall not be liable for any losses related to any business of yours such as lost data, lost profits, lost revenues or business interruption. We shall use our reasonable endeavors to verify the accuracy of information that is used on the webstore but, subject to applicable law, cannot guarantee that all information will always be accurate and complete. It is possible, for example, that product images and packaging may not always match products supplied. If you have any questions or concerns in this regard, please contact us before ordering any product(s). Also, pricing mistakes may occur from time to time, in which case we may cancel any orders being processed or accepted by us. We will correct errors on our webstore as soon as possible after becoming aware of them. These Terms of Sale do not affect your statutory rights, which cannot be waived or limited. You have a right to have any eventual complaint processed by the Consumer Disputes Board of Finland (please contact first the Consumer Advisory Service) or by the Online Disputes Resolution platform of the EU at: http://ec.europa.eu/odr
13. SPECIAL OFFERS AND CAMPAIGNS
Special offers and campaigns on www-act-tracker.com webstore have special conditions which are clearly stated in relation to each special offer and campaign communication on the webstore. Special offers and campaigns are only valid for limited time period, or until the campaign products has been sold out, whichever comes first. We can in our sole discretion decide to discontinue any special offer or campaign before the end date. Special offers and campaigns can be limited to only apply to one or certain products in the webstore. We can in our sole discretion make changes to the products included in the special offer or campaign. Special offer and campaign discount can only be used once, and apply to only one order. Only one discount per order is allowed. The discount must be redeemed before payment and payment submission. It cannot be redeemed once we have sent the order confirmation. Special offers and campaigns cannot be transferred, sell to the third party, or redeem in cash.
14. GOVERNING LAW
These Terms of Sale shall be governed and construed in accordance with the laws of Finland.
Last updated: 3rd of June 2021