Contract Formation

Contract Formation and Rectification of Order

Each order by a customer is an offer. A contract is only completed once Active Wearables GmbH expresses its consent. The customer will be informed by mail about the consent. An order is only possible if all fields designated with * in the order form are filled out. In case any information is missing or we cannot fulfill the order for other reasons, the customer will get an corresponding message. Before submitting their order, the customer will have the opportunity to rectify it. Supporting information will be provided all along the order process. Once the order process is finished the customer will be notified that the payment has been received, whereby the contract is concluded, and that the goods will be readied for shipping.

Storing of Order

Each order is stored on our server. If the customer wishes to look at the order at a later time, they can log into their customer area, access and print the order. If the customer is not registered in our shop, they can request to be sent the order by sending a mail to shop@pocket-sky.com, not without quoting the order number.

Contract Language

The contract language is English.

 

Prices and Shipping Costs

Customers from the EU

All prices are comprehensive prices, including all taxes and duties, in particular VAT, and shipping costs, unless stated differently.

Customers from Non-EU-countries

All prices are net prices (not including VAT) and do not include customs, customs administration costs and import taxes.

Costs of return shippings in case of undeliverability

In case the merchandise cannot be delivered to the customer and is returned to Active Wearables GmbH, the customer will be charged the shipping costs.

 

Payment

Methods of Payment

We accept credit cards (Visa, Mastercard, Amex, Apple Pay), Klarna and Paypal.

Due Date and Advance Payments

The customer commits to settle the purchasing price in full when the contract is completed. The merchandise is only shipped once the purchasing price has been settled in full. In case the purchasing price is not settled within 14 calendar days, the order is cancelled automatically.

 

Shipping

Unless stated differently on a product page, we are shipping orders within three to five days upon receipt of an order.

 

Warranty

The provisions on the statutory warranty apply. The warranty time for movable goods ist two years from the receipt of the merchandise by the customer. Any complaint based on legal warranty claims or other complaints will only be accepted if addressed to the contact data stated in the legal imprint or the mail-address shop@pocket-sky.com. This is recommended when Pocket Sky happens to be damaged in any way, for example if

• it does not operate as described in the User Guide
• it has been exposed to water or humidity
• the case has been damaged

To the full extent admissible by applicable law, the manufacturer disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The manufacturer only guarantees the safety, reliability and performance of Pocket Sky if it is only

• used in accordance with the User Guide
• stored and transported with the wearable folded into the case for protection against accidental breakage or other damage
• stored and used in dry places for protection against water or moisture
• modified or repaired by the manufacturer or personnel assigned by the same

 

General and Safety Instructions

Pocket Sky must not be used

• several hours before planned bedtime
• more than twice a day
• while performing tasks requiring completely unrestricted view and focus, such as driving a car or operating machinery
• in very moist environments, rain or under water
• by children under the age of 12 years
• by persons suffering from an eye disease or having a history of eye disease (such as glaucoma, macular degeneration, cataracts) or eye surgery
• by persons with a history of photosensitive epilepsy
• by persons experiencing discomforts such as headache, eye strain, dry mouth, hyperactivity or nausea
• by pets and other animals
• when the wearable or the case are damaged or not working properly
• near sources of heat or open fire
• when ambient temperature is lower than 10 °C (50 °F) or higher than 40 °C (104 °C)
• Pocket Sky must only be used after consultation with a physician in case of
• a prevalence of bipolar or seasonal affective disorder
• photosensitizing medication being used (such as antihistamines, coal tar and derivatives, contraceptives, oral and estrogens, non-steroidal anti-inflammatory drugs, phenothiazines, psoralens, sulfonamides, sulfonylureas, thiazide diuretics, tetracyclines, tricyclic antidepressants)

 

Legal Disclaimer

Pocket Sky is not a medical device. It is solely intended for general wellness purposes and is no substitute for traditional medical care. It is not intended to diagnose, treat, cure or prevent any disease, condition or disorder, to prescribe any medication or to be a substitute for medical treatment. Consult your physician or qualified health care provider for advice regarding any physical or psychological health condition.

Nothing contained in the User Guide is intended to be used as medical advice or to diagnose, treat, cure or prevent any disease, condition or disorder, nor should it be used for therapeutic purposes or as a substitute for your health professional’s advice.

Pocket Sky should be used only as directed in the User Guide. No liability is accepted for any injury, loss or damage incurred by use of or reliance on the information provided in the User Guide.

Pocket Sky can have an impact on your wellbeing in terms of temporarily increasing your wakefulness. No liability will be accepted for any consequences related to this effect or the absence thereof. Pocket Sky may produce varying results for each person, their commitment and use case.

 

Alternative Dispute Resolution

We submit to an alternative dispute resolution procedure at the Internet Ombudsman Dispute Resolution Service. Consumers can ressort to the online dispute resolution platform of the EU. You can also address your complaint directly to shop@pocket-sky.com.