General Terms and Conditions
Expandinavia – Touch of Sweden – The Swedish Gift Shop
Alingsås, Sweden – August 8, 2016
In these General Terms and Conditions the following definitions are applicable:
Consideration time: the term during which the consumer can execute the right of withdrawal.
Consumer: the natural person not dealing on behalf of a company or profession and who comes to a distance agreement with the entrepreneur.
Day: calendar day
A length transaction: a distance agreement related to a series of products and services of which the delivery obligation and the purchasing are spread over a period of time.
Durable Medium: any instrument which enables the recipient or the entrepreneur to store information addressed personally to them in a way accessible to future reference for a period of time adequate to the purpose of the information and which allows the unchanged reproduction of the information stored.
Right of Withdrawal: the possibility for the consumer to terminate the distance agreement within the consideration term.
Entrepreneur: the natural person (Katrien Philips) or corporation (Expandinavia – Touch of Sweden – The Swedish Giftshop) who offers distance products to consumers.
Distance Agreement: an agreement based on a corporate organized system of distance sales of products and services including the closing of an agreement using one or more techniques of distant communication.
Technique of distant Communication: means that can be used to close an agreement without the consumer and the entrepreneur have gathered together in the same place and at the same time.
2.1 These General Terms and Conditions apply to all orders placed at www.theswedishgiftshop.com.
2.2 By placing an order the customer accepts and understands the application of the General Terms and Conditions.
2.3 Only with an agreement in written, deviation is possible from the General Terms and Conditions, in which case the remaining articles of these General Terms and Conditions remain fully in force.
2.4 The entrepreneur has the right to modify or complete these General Terms and Conditions.
2.5 Before the distance agreement is concluded, the text of the general conditions/terms is being made available to the consumer in such a way that the text can be saved in a simple way on a durable medium. If this is reasonably not possible that before the distance agreement is concluded it will be indicated where the consumer can find the general conditions/terms electronically and that these conditions/terms at the consumer’s request will be sent electronically or otherwise to the consumer without extra cost.
- The Agreement
3.1 The agreement is finalised at the moment the consumer accepts the offer and meets the conditions.
3.2 If the consumer has accepted electronically the offer, the entrepreneur immediately confirms electronically that he has received the acceptance of the offer. As long as the entrepreneur has not confirmed the acceptance, the consumer can terminate the agreement.
3.3 The entrepreneur can notify or check, within the legal framework, if the consumer can meet the payment obligations, and also check all important facts and factors which are needed to finalise a sound distance agreement. If the entrepreneur based on research, has good reasons not to conclude the agreement then he is entitled to motivate and to refuse an order/ request or he can connect special conditions to the execution of the offer.
- Data protection policy
4.1 The entrepreneur does not hold customer credit or debit card details on its website or any of its data systems. All credit or debit card details are managed by the entrepreneurs payment service provider Mollie, who is compliant with the payment industry’s highest standards for data protection and transaction security.
4.2 Any personal data collated through the entrepreneurs website will be treated confidentially, and will only be used to process your order and for statistical analysis to continually improve the website and its services to you.
5.1 The offer contains a complete and accurate description of the offered products. Information (on the website, by e-mail, verbal, by telephone), photos or images given by the entrepreneur about the products are as accurate as possible.
5.2 The entrepreneur can’t guarantee all products fully resemble with the information given. Deviations are initially no motive for compensation and/or ending the agreement.
If the product fully deviates from the description given on the website, the entrepreneur will take suitable actions to concede the customer.
5.3 The description is sufficiently detailed to enable a proper consumer’s assessment of the products. The images used by the entrepreneur are true representations of the products. Obvious mistakes and errors do not bind the entrepreneur.
5.4 The entrepreneur can’t be kept to her offer if the customer, in terms of reasonableness of social understanding, could have understood that the offer contains an obvious mistake or miswriting.
5.5 Each offer contains such information that it is clear for the consumer which rights and obligations are related to the offer when it is accepted by the consumer. This concerns in particular:
– price inclusive taxes
– costs of delivery
– the method of payment
- Pricing and Payments
6.1 All prices mentioned by the entrepreneur and on www.theswedishgiftshop.com are including VAT unless specifically stated otherwise.
6.2 All produkt prices are excluding cost of shipping.
6.3 The entrepreneur can offer products with variable prices when these prices are subject to fluctuations on the financial market and where the entrepreneur has no influence.
6.4 Special offers are only valid for the period in relation to that special offer.
6.5 Payment for orders or products is accepted through PayPal, Ideal, Sofort banking, Bancontact or Belfius Direct. The card or account of the consumer will be charged directly after the order has been placed but the time taken to process the payment will be dependant on the card supplier from the consumer.
6.6 In case of default by the consumer the entrepreneur has, subject to legal restrictions, the right to charge the reasonable costs which are made known to the consumer in advance.
7.1 The entrepreneur shall observe in utmost care the reception and execution of orders of products.
7.2 The address that has been made known by the consumer to the entrepreneur is considered to be the delivery place.
7.3 The entrepreneur shall execute the accepted orders expeditiously but not later than within 30 days unless a longer period has been agreed. If the delivery is delayed or if a delivery cannot or partially be executed, the consumer is notified about this no later than 30 days after he placed the order. In that case the consumer has the right to terminate the agreement without any further cost and he is entitled to compensation.
7.4 In the event of termination in accordance with the previous paragraph the entrepreneur shall pay back the amount that the consumer has paid as soon as possible but no later than 30 days after the termination.
7.5 If the delivery of an ordered product appears to be impossible, the entrepreneur shall strive to make available a replacement product. At least before the delivery it will be mentioned in a clear and understandable manner that a replacement product will be delivered. The right of withdrawal cannot be ruled out with regard to replacement products. The costs of a possible return shipment come at the expense of the entrepreneur.
7.6 The risk of damage and/or loss of products rest with the entrepreneur until the moment of delivery at the consumer or a pre-designated and an announced representative to the entrepreneur, unless otherwise expressly agreed. If you receive a damaged product, you should report this by email within three days. You can send this email to: katrien(at)touchofsweden.se
7.7 The entrepreneur has the right to back-order ordered products. Extra costs of subsequent shipping are for the entrepreneur.
8.1 Deliverance of products: after purchasing products the consumer has the possibility to disband the agreement without giving reasons during 14 days. The cooling off period starts on the day after the consumer receives the product or a pre-designated representative by the consumer made known to the entrepreneur.
8.2 During the cooling off period the consumer shall treat the product and the package carefully. He shall unpack or use the product only to that extent to as far as it is necessary to judge if he wishes to keep the product. If he does want to execute the right of withdrawal, he shall return the product with all accessories and -if reasonably possible- in the original conditioning and packaging to the entrepreneur, in accordance with the provided reasonable and clear instructions of the entrepreneur.
8.3 If the consumer executes the right of withdrawal, he will have to pay no more than the costs of returning the product.
8.4 If the consumer has made a payment, the entrepreneur shall pay back this amount as soon as possible but no later than within 14 days after the repeal or after the return shipment.
8.5 The entrepreneur can exclude the right of withdrawal of the consumer. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly mentioned this at least in time before the conclusion of the agreement.
8.6 Exclusion of the right of withdrawal is only possible for the following products:
– Which are established by the entrepreneur according to specifications of the consumer
– That they are clearly personal in nature
– Which cannot be returned because of their nature
– That can spoil or age quickly
– Whose price is bound to fluctuation on the financial market which the entrepreneur has no influence
– Individual newspapers and magazines
– For audio and video recordings and computer software of which the consumer has broken the seal.
- Conformity and Guarantees
9.1 The entrepreneur ensures that the products measure up to the agreement, ensures the in the offer mentioned specifications, ensures reasonable requirements, soundness and or usefulness and ensures on the date of the establishment the existing legal provisions and/or government regulations. If agreed the entrepreneur also ensures that the product is suitable for other than normal use.
9.2 A guarantee provided by the entrepreneur, manufacturer or importer does nothing to alter the rights and claims which the consumer under the agreement can put forward against the entrepreneur.
- Intellectual property right
10.1 The customer acknowledges that all rights of intellectual properties of presented information, images, announcements or other expressions related to the products, website (or promotion of it) lies with Expandinavia / Touch of Sweden.
10.2 Intellectual property includes patents, copyrights, trademarks and other (intellectual property) rights, including technical and commercial methods and concepts.
- Governing law
11.1 Swedish law applies exclusively to all the rights, obligations, offers, orders and agreements.
11.2 All disputes between both parties will only be settled by a for that purpose competent Swedish court.
Katrien Philips – Expandinavia
441 91 Alingsas
Phonenumber: +46 706 43 44 37
Chamber of commerce number: 7502182541
The location in the EU where this profession has been assigned: Sweden