TERMS AND CONDITIONS FOR THE WEBSITE AND PURCHASE OF GOODS
These general terms and conditions (the ”Terms”) shall apply for use of the website http://vandra-rugs.com/ (the “Website”) and for purchases of goods made on the Website, and constitutes, together with any order placed by you on the Website, an agreement (the “Agreement”) between you (“you” or “Customer”) and Vandra Rugs AB with corporate registration number 556702-1943(“Vandra Rugs”, “we” or “us”). Vandra Rugs and the Customer may herein also each be referred to as a “Party” and jointly as the “Parties”.
1. CONDITIONS FOR PURCHASE
You hereby confirm that when purchasing goods at the Website:
(a) you are at least 18 years old at the time of purchase;
(b) you wish to purchase goods delivered within the applicable delivery time as specified under Section 4;
(c) that you are not requesting delivery to one of the following countries: Afghanistan, India, Nepal or Pakistan.
(d) you have reviewed the Terms and you accept them in full and without any objections.
(e) Please note that the web shop only is available for purchases made within the EU( UK excluded), Norway and Switzerland with a final freight destination in such countries. We kindly direct customers from other countries and/or with other freight destinations to contact us by email at info@vandra-rugs.com. These Terms nevertheless still apply to such purchases, to the extent not expressly set out or evident that such sections only apply to the web shop.
2. PRODUCTS
”Products” means the goods available for purchase at the Website and that are offered subject to availability. Vandra Rugs reserves the right to at any time remove or add additional Products. All of our rugs are handmade and after order, and rugs can vary in size by up to 5% in width or length from the size shown. Likewise, colors can vary slightly from rug to rug as well as from any sample provided. This is normal and, by placing an order via the Website, you confirm your understanding and acceptance of this. If you require a rug of a specific size, please contact us at info@vandra-rugs.com or call +46 8 664 0960.
3. SPECIFICATION
”Specification” means the description of the Product applicable at the time of the purchase. The Specification and other documentation may be made available electronically in English unless otherwise agreed. Please note that even if the color reproduction of the Products on the Website is a close representation, we cannot accept any responsibility for any variation in color caused by the browser software or computer system used to view the Products.
4. DELIVERY
Information regarding the terms and time of delivery applicable for the Products is provided at the Website. The risk of the Products is transferred to the Customer upon delivery.
Freight cost is free of charge for deliveries to Customers within EU ( UK exempt) , Switzerland and Norway. For other countries the freight cost will be communicated separately and is dependent upon size weight of the Product and destination of the order.
In the event that ordered Products are not collected by the Customer, Vandra Rugs reserves the right to charge the Customer an administrative fee in the amount of EUR 150 per Product for Vandra Rugs’ administration, delivery, return and management of the Products.
The delivery time is eight to ten (8-10) weeks for deliveries within the EU (UK exempt) Switzerland and Norway, subject to full payment of order. Delivery time to other destinations may be longer. The delivery time for Products in stock may have shorter delivery time and will be communicated separately. All delivery times will be prolonged with approximately 2 weeks during summer and Christmas due to limitation in access of factory time.
No partial deliveries will be made, orders including more than one Product will be delivered when all Products are ready to be delivered.
Vandra Rugs uses a service partner for deliveries. Vandra Rugs or its service partner will provide the Customer with shipping information (including tracking number) by email a few days prior to delivery. Such service partner delivers during office hours with no possibility of notification of exact time of delivery. Each delivery will require a signature from the person receiving the delivery.
5. DAMAGED PRODUCTS
Customer shall always examine the Products delivered in order to check for any damages. Any visible, external transport damages shall always be reported to the driver immediately upon receipt of Product and shall be noted in the freight documentation. Any damage might be subject to inspection from Vandra Rugs or service provider.
Any transport damage shall also be reported directly to info@Vandra-rugs.comwithin 1-3 days from delivery, any report shall include order number as well as clear photos of the damage and any damage to the packaging. Any product that Vandra Rugs deem to have been damaged during transport will be replaced as soon as possible and free of charge.
6. DELAY
A delivery is in delay when delivery occurs after the agreed/set out delivery date. Where Vandra Rugs, or anyone/any circumstances for which Vandra Rugs is responsible for a delay and the delay remains for more than thirty (30) days, the Customer is entitled to terminate the Agreement in relation to the delayed Products. Should the Customer wish to terminate the agreement, the Customer shall notify the customer service of Vandra Rugs within reasonable time from when the Customer became aware of the delay. If the Customer is a consumer, the consumer is entitled to also notify Vandra Rugs in other manners. If payment has been made in advance, the purchase price shall be repaid within thirty (30) days of receipt of the termination notice.
7. PRICE AND PAYMENT METHODS
The prices for the Products as specified on the Website are fixed and in EUR, including VAT, unless otherwise is specifically stated in relation thereto. Applicable delivery costs and duties, if any, will also be set out. The prices on the Website are subject to change from time to time without Vandra Rugs giving any notice thereof. Such changes to the prices shall, however, not impact any orders made prior to any such changes becoming effective.
We are cooperating with Stripe to process payments. The terms and conditions of Stripe are available via this link https://stripe.com/SE/privacy. By clicking [”Place order”], you agree to the Terms.
8. COOLING OFF PERIOD
This Section 8only applies to Customers that are consumers.
You are entitled to cancel a purchase made on the Website within fourteen (14) days of delivery of the Product (i.e. the day when the Product comes into your possession) without cause. In the event that you wish to exercise your cancellation right, you shall give Vandra Rugs notice thereof within said fourteen (14) days period, you cannot exercise your cancellation right simply by refusing delivery of the Product. You may give your cancellation notice e.g. by using the form available on this link https://www.shop-vandra.com/site/contact/ or by contacting customer service at info@vandra-rugs.com.
Vandra Rugs will repay the purchase price, including any delivery fees for the original delivery of the Product to the Customer, within fourteen (14) days of receipt of your cancellation notice. Vandra Rugs may, however, in relation to Products, retain the purchase price to be repaid, until the relevant Product has been returned. Any refund will be made using the same payment method as you used when purchasing the Product, unless otherwise expressly agreed.
If you exercise your cancellation rights, you undertake to without undue delay and no later than fourteen (14) days from giving your cancellation notice, at your cost return or send the Product to Vandra Rugs. If you need help to organize the return shipment you are welcome to contact customer service.
Products shall be returned in an unchanged condition, with all manuals and labels intact and the Products shall be packed in their original packaging, should original packaging not be available, the Products shall be packed in such a way that the Product will not be damaged during the return transport. A copy of the receipt shall be attached to the return package. You may examine the Product, however, you may not use or otherwise treat the Product in a way that damages or changes the condition thereof. We reserve the right to reduce the purchase price to be repaid should the condition of a returned Product, manuals or labels be impaired upon the return and the Customer not being able to show that it was not the Customer’s fault. The Customer assumes the risk of the Product when returning a Product. It is therefore important that the Product is not damaged during transportation.
The right of cancellation does not apply to Products manufactured to your special wishes or Products that have become clearly personalized in some other way or account or your order, specially ordered or made-to-measure rugs.
9. RETENTION OF OWNERSHIP RIGHTS
The Products shall remain the property of Vandra Rugs until payment has been made in full. The Customer undertakes to care for the Products and to not alter the Products without our prior written consent, until the ownership of the Products is transferred to the Customer.
10. CONTACT DETAILS
You are welcome to contact our customer service with questions or request for further information:
E-mail address: info@vandra-rugs.com
Phone number:+46 8 664 0960
11. WARRANTIES AND COMPLAINTS
Vandra Rugs provides no warranties, either expressed or implied.
Vandra Rugs is obligated to, in accordance with the terms below and with the urgency necessary subject to the circumstances, at its own cost, remedy defects in Products due to non-conformity with the Specification or otherwise when the Product is deemed defective pursuant to mandatory law.
Vandra Rugs shall not be liable for insignificant defects which do not impact the intended use of the Product and which do not constitute any inconvenience to the Customer. Vandra Rugs shall not be liable for defects caused by:
(a) the Customer using a Product in a way which deviates from the Specification or any other documentation;
(b) alterations made by the Customer or any interference with a Product which occurs without Vandra Rugs’ consent, or due to negligence of the Customer.
Customary wear and tear, procurement of consumables or lack of customary maintenance do not constitute defects.
For the purpose of fulfilling its obligations, Vandra Rugs may implement necessary alterations to Products. Such alterations shall, however, not result in that the Product no longer conforms to the Specification.
The Customer must give Vandra Rugs notice of a defective Product within reasonable time of becoming aware of the defect to be entitled to claim that the Product is defective. Notice given within two (2) months of when the Customer became aware of the defect shall always be deemed to have been given within reasonable time. Complaints may nevertheless not be given more than three (3) years after the Product was delivered. Any complaints shall include information of the defect (including pictures thereof) as well as information on your order number. The Customer must be able to show the defect in the Product. The Customer may also file complaints by contacting Vandra Rugs at the address set out at the bottom of these Terms.
Where the Customer has given Vandra Rugs notice of a defect which later is deemed to not constitute a defect, the Customer shall reimburse Vandra Rugs for the work carried out by Vandra Rugs in accordance with the applicable price list.
If a Product is deemed defective and Vandra Rugs does not remedy the defect with the urgency necessary subject to the circumstances, the Customer shall be entitled to provide Vandra Rugs with a reasonable and final remedy period. If the defect has not been remedied at the end of such remedy period, the Customer shall be entitled to a price reduction in an amount corresponding to the defect. If the defect is of material importance for the Customer’s use of the Product and Vandra Rugs realized or should have realized that, the Customer is entitled to, after the expiry of the remedy period, terminate the Agreement in relation to the defective Product by e.g. giving written notice thereof to Vandra Rugs.
12. FORCE MAJEURE
Vandra Rugs shall not be liable for any defects or delays caused by circumstances outside of Vandra Rugs’ control and which Vandra Rugs could not reasonably have accounted for at the time of the purchase and which Vandra Rugs could not have reasonably avoided or overcome.
13. LIMITATION OF LIABILITY
Unless otherwise stipulated in mandatory law, each Party’s liability shall not exceed an aggregated amount of fifteen (15) per cent of the purchase price for the relevant Product. This limitation shall, however, not apply in relation to price reductions and interest. Unless the Customer is a consumer, neither Party shall be liable for any loss of business or profit, loss of information or any indirect damages or losses, including any liabilities to pay damages to third parties. The above limitations shall not apply where the damages are caused by a Party’s gross negligence or willful misconduct. This section shall not limit any product liability provided by law.
14. PERSONAL DATA
The personal data provided by the Customer is processed by Vandra Rugs, inter alia, for the purpose of processing and preparing orders and for performing obligations under the Agreement.
See Vandra Rugs’ privacy policy for further information regarding Vandra Rugs’ processing of personal data, https://www.shop-vandra.com/privacy-policy/.
15. COOKIES
When using the Website, we may store cookies on your device for the purpose of obtaining information regarding browsing. You may object to use of cookies by settings in your web browser or by not accepting cookies via the banner on the Website.
See Vandra Rugs’ cookie policy for further information regarding Vandra Rugs’ use of cookies, https://www.shop-vandra.com/privacy-policy/.
16. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the Website and in Products distributed through the Website, belong to or are disposed of with license by us. Nothing in these Terms shall be construed as a transfer of any intellectual property right to you.
You may not use the Websiteto distribute viruses, trojans or similar programs. We do not allow automatic reading of the Website.
17. USERNAME AND PASSWORD
To order Products, you will have to create a user account (the “User Account”) and sign in to it. Instructions on how to create a User Account are set forth is described on our FAQ page https://www.shop-vandra.com/faq/
You may choose a user name and a password, but you may also use one of the selected social media accounts, if any, as set forth on the Websitefrom time to time, to sign in to your User Account on the Website. If you choose to create a new User Account, the username and password which you choose must not be: harmful, abusive, racially or ethnically offensive, sexually explicit, defamatory, infringing any intellectual property right or invasive of personal privacy rights. We have the right to change your username if it, in our opinion, violates these Terms.
When creating your User Account, you will be asked to submit certain information about yourself. Please read our privacy policy before you create an account. You can find the privacy policy here [insert link]. Do not create an User Account if you do not accept the privacy policy.
If you use another account to access your User Account with us, for example your Facebook-account, you authorize us to collect your authentication information, such as your username, encrypted access credentials, and other information that may be of interest to transfer from the other service. Such transferred information will be treated in accordance with our privacy policy.
Your account is personal and you are not allowed to transfer your account to any third party or to allow a third party to use your User Account. You are responsible for protecting your login information from access by unauthorized persons. If you have reason to believe that any third party has gained access to your User Account, you must immediately inform us. We have the right, but not the obligation, to suspend access to your User Account if we have reason to believe that any third party has gained unlawful access to your user account.
Please note that if your account is left inactive during a period of [ninety (90)] consecutive days, we have the right to make your account “invisible”, meaning that all account information is saved, but the account is de-activated and needs to be activated for you to be able to use it again. Additionally, if your user account is left inactive during a period of [three hundred and sixty five (365)] consecutive days, we have the right to cancel your User Account permanently.
18. AMENDMENTS
Vandra Rugs may from time to time amend the Terms. The current version of the Terms is available on the Website. Amendments to the Terms shall, however, not impact any orders made prior to any such changes becoming effective. You will be notified of any changes made to the Terms at least thirty (30) days prior to the changes enter into force and you have the right to terminate your User Account and stop using the Website at any time.
19. TERM AND TERMINATION
These Terms apply to your use of the Website, to your User Account and to any purchases made on the Website. You may at any time stop using the Website, terminate your User Account and not make any more purchases through the Website and thus terminating these Terms.
20. DISPUTES
The rights and obligations of the Parties under the Agreement and all non-contractual obligations arising out of or in connection with the Agreement shall in their entirety be governed by Swedish law. If you are a consumer, other legislation may apply.
Vandra Rugs’ ambition is for all its customers to be satisfied. In the first place we always try to reach an agreement with you if something has gone wrong.
If you are a consumer and if we, despite our efforts, are unable to come to an agreement we recommend that you contact the Swedish National Board for Consumer Disputes (www.arn.se) for an independent examination. We obviously follow the recommendations of the Swedish National Board of Consumer Disputes.
Unless otherwise is set out in mandatory law, if you are a consumer, any dispute regarding interpretation or application of the Agreement or any non-contractual obligations arising out of or in connection with the Agreement shall be finally settled in the general courts of Sweden.
As a consumer, if you feel that we have not satisfactorily resolved your complaint, then you can access the EU’s Online Dispute Resolution platform by following this link https://ec.europa.eu/consumers/odr/main/
If you are a business operator, any dispute regarding interpretation or application of the Agreement or any non-contractual obligations arising out of or in connection with the Agreement shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators.
21. ASSINGMENT OF THE AGREEMENT
The Agreement may not be assigned to a third party without the other Party’s prior consent. Vandra Rugs may, however, assign the right to receive payments under the Agreement, without the prior consent of the Customer.
_________________________
Name: Vandra Rugs AB
Registration number: 556702-1943
Address: Grevgatan 32, 114 53, Stockholm
Please note, any return shipments shall be sent to Vandra Rugs C/O Mailboxes Etc, Birger Jarlsgatan 39, 111 83 Stockholm, Sweden
E-mail address: info@vandra-rugs.com
Phone number:+46 8 664 0960
VAT-number: SE55567021943-01