Terms & Conditions
TERMS & CONDITIONS:
DEFINITIONS
• User: the one-man business Eld och Uteliv, established and has a showroom at Kymstad 56 in Gräsmark, Sweden.
• Counterparty: the counterparty or potential counterparty of the user who is acting in the exercise of a profession or business.
OFFERS AND QUOTES
• All offers made by the user are without obligation and expire by operation of law after thirty days after the offer has been sent by the user to the other party.
• The prices of the user are expressed in Swedish kronor (kr), are based on the execution of the assignment during normal working hours, and exclude costs of transport, packaging, delivery, and installation and exclude sales tax and other levies. The user reserves the right to charge the said additional costs to the other party. The additional costs are set out in the specific order confirmation.
• The prices from an offer or an agreement do not apply to repeat orders or subsequent agreements or offers.
• In the case of a composite quotation, the user is not obliged to deliver part of the goods for a corresponding part of the price.
• The user is authorized to deliver goods in parts and to invoice in corresponding parts.
• If the other party wishes to accept an offer from the user on one or more terms and conditions other than those of the user, no agreement will be concluded without the user’s express written consent.
• If the user is confronted with cost increases after the offer to the other party, those costs will be passed on to the other party without further agreement. The other party will be notified of any price changes by the manufacturer (purchase prices or other conditions of importers or currency changes).
DELIVERY
• Delivery of products ordered by the other party will in principle take place from the location of the user in Gräsmark. In consultation with the other party, the products to be delivered will be sent, collected, or delivered directly by the manufacturer to the other party.
• The other party is obliged to take delivery of the agreed goods at the time when the goods are delivered or at the time when they are handed over to the other party following the agreement.
• If the other party does not cooperate with the delivery, the goods will be stored at the expense and risk of the other party. The other party is liable for all damage and costs resulting therefrom.
DELIVERY TIME
• The delivery times of the user are target terms and not deadlines. Exceeding the delivery time does not entitle the user to compensation or dissolution.
• If the other party believes that the user does not deliver on time, the other party must give the user written notice of default and offer a reasonable term to still fulfill its obligation.
• User is indemnified against damage resulting from failure to deliver on time if this is the result of non-compliance with obligations by the manufacturer.
• The delivery time specified by the user does not commence until the user has obtained all information required for delivery from or on behalf of the other party.
RETENTION OF TITLE
• All goods that the user delivers to the other party remain the property of the user until the other party has fully fulfilled all obligations under the agreement.
• The other party is not authorized to transfer, pledge or otherwise encumber goods delivered under retention of title.
• By accepting these general terms and conditions, the other party grants the user permission to enter places where the user's property is located to revise these items in any case in which the user wishes to exercise its property rights.
• If third parties wish to seize goods delivered under retention of title or wish to establish or enforce rights thereon, the other party is obliged to immediately inform the user thereof and to point out the retention of title to the third party.
• The other party is obliged to insure the goods delivered under retention of title and to keep them insured against all forms of damage or loss and to provide the insurance documents for inspection at the first request of the user.
PAYMENT
• Payment is made in cash or bank transfer upon delivery. If the other party purchases goods from the user for the first time, the first invoice must be paid before the ordered goods are delivered.
• If the other party is a retailer, shop, or dealer, payments must be made before the ordered products are offered to the carrier.
• Unless otherwise agreed, the invoice amount must be paid strictly net within fourteen (14) days after the date of the invoice to the next account via bank transfer, stating the invoice number.
(Bank account)
• If the other party does not pay the invoice amount within that period, it will owe interest of 7.5% per month from the fifteenth day after the date of the invoice. The user reserves the right to charge legal interest in addition to this.
• In the event of liquidation, bankruptcy, or suspension of payment or the requests thereof, the user's claims against the other party are immediately due and payable.
• Payment must be made without any discount or settlement.
• Payments first always serve to pay interest and costs and then to pay the oldest invoices, regardless of which statement was made with the payment.
• If the other party fails to pay the payment(s) due, all extrajudicial and judicial costs incurred will be borne by the other party.
• If the other party regularly fails to fulfill its obligations, the user may subsequently require that invoices for shipment of the ordered products to the other party must be paid in full.
• Deliveries to counterparties abroad must have paid the invoice in full before receiving the goods.
COMPLAINTS AND RETURNS
* The other party must examine the delivered goods immediately upon receipt and determine whether the goods comply with the agreement.
* The other party must notify the user in writing of visible defects or shortages within 7 days after delivery.
* The other party must notify the user in writing of non-visible defects or shortcomings within 3 days after discovery and at the latest within three months after delivery.
* Submitting a complaint does not suspend the operation of these general terms and conditions or the obligations under the agreement between the user and its counterparty.
* The goods referred to in this article may only be returned after written agreement in the original packaging, including the outer box.
* Return shipments are only accepted if the product in question is packed in the original outer box or a comparable alternative and in the original and undamaged packaging of that product.
* Returns in only the sales packaging will not be accepted. The sales packaging is the packaging that contains the product directly and is usually provided with the product information. That sales packaging must be protected with a cover box and accompanied by a packing slip.
* The costs for returning are for the account of the other party unless otherwise agreed.
GUARANTEE
• The user guarantees for 7 days after delivery of the agreed goods that they are free of design, material, and manufacturing defects.
• If an item nevertheless appears to contain design, material, or manufacturing errors within 7 days, the other party is entitled to repair the delivered item. If it appears that the defect cannot be repaired, the user will offer a comparable alternative. If the product cannot be repaired, the other party can also choose to receive a credit invoice.
• To determine the design, material, or manufacturing errors alleged by the other party, the other party is obliged to provide photographic evidence as an attachment to an e-mail (in JPG file format). The user may require the other party to send the relevant case to the user for assessment.
• Warranty is excluded if the damage or defect is due to incorrect treatment, improper use or use contrary to the user's instructions, indications, or regulations.
• If the warranty concerns an item or part of an item that has been produced by a third party, the warranty is limited to the warranty offered by that third party.
• The user draws up a quality report of all issues relating to the warranty. The other party is obliged to provide the necessary information and documents that the user reasonably considers necessary for the preparation of that quality report.
• Most items supplied by the user have a layer of coating, which can be affected by the use of the item, which can lead to rust formation. (HOUSE GARDEN AND KITCHEN USE IS COVERED BY THE GUARANTEE} This damage is not covered by the guarantee as referred to in Article 8.1. The user is not responsible for any calamity whatsoever regarding the delivered product which the retailers or third parties deliver to the end user.
LIABILITY
• The User is only liable for damage resulting from defects that have been reported on time following Article 7. For the rest, the user is only liable for damage resulting from intent or gross negligence on the part of the user.
• The liability of the user is in all cases limited to a maximum of the amount that the insurer of the user pays to the user for the relevant cause of damage. If the insurer does not pay out, the user shall be liable at most for the relevant invoice amount.
• The user is under no circumstances liable for damage suffered by the other party if the other party does not comply with the safety regulations, installation instructions, instructions, instructions for use, and warnings that the user has communicated to the other party. This also applies to damage suffered by a third party if the other party does not communicate the same rules, directions, and instructions in writing to the third party simultaneously with the delivery of the goods.
• The user is not liable for any damage whatsoever that occurs after delivery from a dealer to an (end) consumer.
• Any change in the delivered goods or in the regulations, indications, and instructions accompanying the goods as referred to in Article 9.3 has the consequence that any liability of the user for that product will lapse.
• Liability through the use of the delivered products by the other party to third parties falls outside the liability of the user.
• The goods delivered by the user are used by the other party or third parties at their own expense and risk.
• For sale to minors, the written consent of the guardian is required.
TERMINATION OF THE AGREEMENT
• The user can in any case, without further notice, suspend the execution of the agreement or dissolve the agreement, if:
• If the user has reasons to fear that the other party will not be able to fulfill its commitment(s);
• If the user has requested the other party to provide security for the fulfillment of the agreement and the other party does not provide that security or does not provide it sufficiently; and
• If the user or its business units registered with the Skatteverket cannot continue their activities for whatever reason.
• If circumstances arise on the part of the user that means that the implementation of the agreement between the user and its other party becomes so difficult or disproportionately expensive that compliance with the agreement can no longer reasonably be expected from the user, the user is authorized to dissolve the agreement without being obliged to pay compensation for the resulting damage to the other party.
FORCE MAJEURE
• Force majeure as referred to in these general terms and conditions is understood to mean: all causes on which the user cannot or could not exert any influence and as a result of which the user has been or will not be able to fulfill its obligations.
• During the period of force majeure, all obligations of the user will be suspended until the force majeure situation has ended. The user is never obliged to pay compensation for damage resulting from a force majeure situation.
• If the user has already fulfilled part of its obligations when the force majeure arises or if it will only be able to fulfill its obligations in part, it is entitled to invoice that part, and the other party is obliged to comply.
• GENERAL PROVISIONS
• The User advises using the sales prices it has set for products as minimum sales prices. The other party is not permitted to use promotional prices that (may) damage the reputation of the brands affiliated with the user. If the recommended retail price is repeatedly exceeded (see RRP price list), the user is entitled to adjust the purchase prices for the relevant other party and the user is entitled to review the (term of the) agreement.
• Samples, models, examples, and images are only shown or provided by the user as an indication. The properties of the goods to be delivered to the other party may deviate from this unless expressly agreed otherwise in writing. If the products delivered deviate from the samples, models, examples, or images provided, there is no question of a case that does not comply with the agreement.
• The other party with a physical store is allowed to sell the user's products via the webshop of that other party. The sale of the user's products through other digital platforms is not permitted unless otherwise agreed.
• The other party and third parties are expressly prohibited from copying, multiplying, imitating, disclosing, or using.
• Njord and associated logos and content are registered trademarks recognized by the other party. Claims to unlimited use of those brands by the other party are excluded. The other party will immediately stop this use as soon as the business relationship with the user has ended and the other party has sold all goods delivered by the user.
APPLICABILITY
• These general terms and conditions apply to all agreements between the user and its other party. The general terms and conditions can be consulted on the website of the user (website) and will be sent free of charge upon request.
• Applicability of the Vienna Sales Convention is excluded.
ENTRY INTO FORCE AND AMENDMENT
• These general terms and conditions have been established on 1-5-2023 and take effect immediately.
• Changes to these general terms and conditions will be implemented without further notice and will take effect immediately and without further action after publication on the user's website.