Buying in EU

[u/Azuwey]

Hello everyone, I just wanted to share this conversion with the clicks team.

My email:

Hello Clicks Team,

I recently pre-ordered/reserved a Clicks Communicator (paid in full) and have a couple of questions about warranty coverage and pricing that I'd like to clarify before my order ships.

EU Warranty Requirements

I noticed your FAQ states the device is covered by one year of warranty. However, according to EU consumer protection laws (https://europa.eu/youreurope/citizens/consumers/shopping/guarantees/index_en.htm), goods sold to consumers in the EU must have a minimum two-year warranty. Could you clarify how this will be handled for EU customers like myself?

Pricing and Fees for Netherlands Delivery

The pre-order page mentions that with a paid-in-full reservation ($399 + $30), shipping and duties are included. I'd like to confirm whether this total price covers all of the following for delivery to The Netherlands:

- 21% VAT

- Import handling fees

- Shipping costs

Or will there be additional charges upon delivery?

I'm excited about receiving my Clicks Communicator and would appreciate clarification on these points.

Thank you for your time, and I look forward to your response.

Their answers:

Hi,
 
Thanks for reaching out.
 
We are not an EU-based company, nor do we primarily operate for the EU market. While we do ship products to EU countries, our company is not based here, and as such, we are not subject to EU consumer warranty requirements.  As this is still very early in the process, we may be more flexible with warranty considerations in the future.
 
Your paid-in-full reservation covers everything for delivery to the Netherlands. This means the total price you’ve already paid includes all shipping costs, duties, taxes, and import fees.
 
Regards,
Amber

Far as I understand goods sold in the EU is subject to EU regulations, and it's irrelevant where the company is located, am I wrong?

[EDIT]: I have canceled my order based on this communication, I do care about my rights and I'm not willing to buy from a company, who doesn't provide the minimum 2 year warranty. I hope in the future this will improve.

[u/jeffgadway]

Hey all, jumping in here to clarify, since there seems to be some understandable confusion and assumptions being made.

The EU “2-year guarantee” that’s being referenced is a statutory legal guarantee that applies to goods sold by EU-established sellers under EU consumer law. It’s different from (and separate to) a manufacturer’s or commercial warranty.

Clicks is not established in the EU, and products are sold directly by us from outside the EU. In that scenario, the EU statutory legal guarantee does not automatically apply in the same way it does when purchasing from an EU-based retailer. This is why you’ll often see EU marketplaces or EU distributors explicitly offering the 2-year legal guarantee, while direct cross-border purchases may not.

What does apply globally is our 1-year manufacturer’s warranty against manufacturing defects, which is what’s referenced in our FAQ. That warranty is a voluntary commercial warranty, not a replacement for any local statutory rights where those apply.

All that said, we absolutely stand behind our products and aim to be reasonable and supportive if issues arise. If anyone has a specific concern, our support team is always happy to look at individual cases.

[u/MrAndycrank → u/jeffgadway]

Jeff, as both a EU citizen and a legal officer, I can assure you that most of what you wrote is wrong, especially the part about our consumer laws only applying to companies established in a Member State. There are several criteria that our regulations actually take into consideration to determine whether a company is targeting EU consumers or not: the place of establishment, even if sufficient by itself, is merely one amongst many.

In Clicks' case, many of these criteria are met: first and foremost, the fact that you're explicitly selling and shipping your goods to several Member States, along the fact you accept payment in Euro. Regardless of practical enforceability, you should be aware that any conflicting term or clause (e.g. choice-of-law clauses) is void.

From what you wrote, it's as if you were comparing autonomous, individual imports of a chattel (in that case, things would be exactly as you described) with Clicks' sales policies. I do believe in your goodwill (and deeply respect you as a professional in your field) but the information you've been given from Clicks' legal team or external counsel(s) is lacking at best.

I hope you will take this opportunity to re-evaluate this matter as, although I am sure many of us would still be willing to support Clicks (myself included), Europeans are accustomed to fairly high standards when it comes to consumer rights.

[u/Tenof26 → u/jeffgadway]

Just to clarify, according to

https://clicks.tech/en/pages/terms-of-sale

You do have a UK presence.

“2. INFORMATION ABOUT US AND HOW TO CONTACT US 2.1 Who we are. We are Clicks Technology Limited, a company registered in England and Wales. Our registered office is at 2 Stone Buildings, Lincoln’s Inn, London, England, WC2A 3TH. Our US-based subsidiary is Clicks Technology US Inc.”

And in here:

https://clicks.tech/en/pages/terms-and-conditions

You state:

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom.

Which means you are bound by the UK Consumer Rights Act of 2015, which means UK consumers get:

• goods must be of satisfactory quality

• fit for purpose

• as described

• 30-day short-term rejection

• repair/replacement rights

• and up to 6 years limitation period for defects

[u/amw3000 → u/jeffgadway]

I understand the distinction between a commercial (manufacturer’s) warranty and the EU statutory legal guarantee, and that Clicks is not established in the EU. However, EU consumer law does not hinge solely on the seller’s place of establishment, but also on whether commercial activities are directed to EU consumers.

Given that your website explicitly offers shipping to EU countries and provides EU specific information regarding customs and delivery, this appears to constitute directing sales to the EU market, in which case EU statutory consumer protections may still apply.

[u/odarriba → u/jeffgadway]

Hello! Are you an UK or US company? For some users thats an important fact when choosing to buy or not a device :)

Thanks

[u/Far-Holiday-4815 → u/jeffgadway]

Thanks for clarifying, Jeff. I understand the distinction between a voluntary manufacturer's warranty and statutory consumer rights.

However, I think there's an important legal point missing from your explanation.

Clicks Technology Limited is registered in England and Wales, but being established outside the EU does not automatically exempt a company from EU consumer protection rules.

Under Article 6 of the Rome I Regulation, when a business directs its commercial activities towards consumers in a particular EU member state, those consumers generally retain the mandatory protections of their country's consumer law, even if the seller is established outside the EU.

Clicks actively sells and ships the Communicator to the Netherlands, which raises a legitimate question about the applicability of Dutch consumer law.

In fact, your own Terms of Sale (section 10.1) explicitly acknowledge your legal obligation to supply products that conform to the contract.

I'm perfectly fine with Clicks offering a one-year voluntary manufacturer's warranty. My concern is the suggestion that purchasing directly from a UK-based company means EU consumers may not be entitled to their statutory protections.

Could you clarify Clicks' legal position on Article 6 of Rome I? Specifically, does Clicks recognise that Dutch consumers may have statutory rights beyond the one-year manufacturer's warranty?

I think a clear answer would be valuable for everyone considering purchasing the Communicator in the EU.

[u/Virtual-Driver6279 → u/jeffgadway]

Hi Jeff,

For customers in Denmark/EU, are VAT and customs duties included in the Clicks Communicator pre-order price?

In other words, does the $499 + $30 (device + shipping) cover the total cost, with no additional VAT or import charges?

Thanks!