1.1 These conditions of use and sale shall apply for the website access and the sale of products by NinaSTHLM on this website http://www.ninasthlm.com (the “Conditions of Use and Sale”).
1.2 The Conditions of Use and Sale version 1.0 is applicable from 20 November, 2009, and until replaced or changed pursuant to Section 17 below.
2.1 “Agreement” means these Conditions of Use and Sale.
2.2 “Customer” means the party ordering Products on the Website
2.3 NinaSTHLM means NinaSTHLM a trademark owned by Travers AB, reg. no. 556426-8182, Harrstigen 4, 18130 Stockholm, which is the supplier of the Products provided on the Website.
2.4 “Product(s)” means the products provided for sale on the Website and supplied by NinaSTHLM.
2.5 ”Order” means each order placed by the Customer on the Website.
2.6 “Website” means NinaSTHLM website http://www.ninasthlm.com
3.1 In order to purchase Products on the NinaSTHLM website the Customer must confirm his or her acceptance of all terms and conditions of this agreement on the “Log in” page, and register for an account.
3.2 The Customer accepts the Conditions of Use and Sale through clicking on the button marked “I accept the Conditions of Use and Sale” and will register for an account (“My account”) by choosing a password and entering other information that is asked for in the registration form such as (but not limited to) name, address, e-mail, gender, birth date and telephone number.
3.3 The confirmation of the Conditions of Use and Sale and the registration for an account on the Website result in a binding agreement between the Customer and NinaSTHLM (the “Agreement”) which will come into force in accordance with what is specified in these Conditions of Use and Sale.
3.4 An individual may not purchase Products on the Website, and may not accept the Conditions of Use and Sale (a) if the individual is not 18 years old and therefore not able to enter into a binding agreement with NinaSTHLM, or (b) the individual is prevented from receiving the Products or using the Website under applicable legislation applying in the country where the Customer is residing, or from which he or she is using the Website.
3.5 In addition to this Agreement, the Customer and NinaSTHLM shall be bound by the terms and conditions in NinaSTHLM’s Privacy Policy (the “Privacy Policy”) referred to under Section 5.4 and Section 6.3.
4.1 The Customer’s user name and password are secret information. The Customer is entirely responsible for keeping and using his or her user name and password in an adequate manner to maintain the confidentiality of these details so that no unauthorised person can gain access to these details.
4.2 The Customer affirms that the information he or she supplies to NinaSTHLM is correct and up to date. The Customer also takes responsibility for updating this information as necessary.
4.3 The Customer must immediately report to NinaSTHLM, by e-mail to info@ninasthlm.com if there is any suspicion that an unauthorised person knows the Customer’s login information. The Customer is liable for immediately changing his or her password if it is lost, or if the Customer becomes aware that another person knows the Customer’s login information. The Customer is responsible for every unauthorised use caused by the unauthorised person’s actions in case of misuse.
5.1 NinaSTHLM safeguards the Customer’s personal integrity and maintains high security standards in order to prevent infringement by unauthorised persons. When registering and using the Website to order Products, the Customer may be asked to provide certain data about himself/herself, such as name, user name, e-mail address, telephone number, postal address etc. Such information about the Customer is private and confidential. NinaSTHLM will not disclose this information to any unauthorised person. NinaSTHLM may, however, disclose data to authorities if there is suspicion of a criminal offence being committed or as otherwise required by law.
5.2 NinaSTHLM will handle the personal data provided by the Customer in accordance with the Swedish Personal Data Act (1998:204). NinaSTHLM will use and manage the personal data for the following purposes:
5.3 NinaSTHLM is the legal entity acting as the personal data controller for the Customer’s personal data. The Customer has the right, on a year-by-year basis and upon written request to NinaSTHLM, to obtain information on which personal data about the Customer NinaSTHLM is handling. The Customer also has the right to demand that incorrect data are corrected, blocked or erased. The Customer may also notify NinaSTHLM, in writing, at any time, that the Customer does not wish to receive direct marketing in the form of advertisements.
5.4 NinaSTHLM’s processing of the Customer’s personal data is further set forth in the Privacy Policy which is incorporated into this Agreement by this reference and shall therefore apply to all actions taken under this Agreement.
6.1 NinaSTHLM uses “cookies” to optimize the functions of the Website and to adjust it to the Customer’s demands. A cookie is a text file that is either temporarily stored in the Customer’s computer memory (a “session cookie”) or placed on the Customer’s hard drive (a “persistent cookie”) by a web page server. Cookies are not used to run programmes or deliver viruses to the computer.
6.2 Cookies are uniquely assigned to the Customer and the Customer’s computer and can only be read by a web server in the domain that issued the cookie. The purpose of a cookie is to tell the web server that you have returned to a specific page. When the Customer returns to NinaSTHLM’s Website, cookies enable us to retrieve the information the Customer previously provided, so the Customer can easily use the features that he or she customised. For example, if the Customer registers for a purchase, a cookie helps NinaSTHLM to recall the Customer’s specific information (such as user name, password and preferences).
6.3 Information on NinaSTHLM’s use of cookies is also provided in the Privacy Policy.
7.1 All sale and purchase under this Agreement shall be referred to as an “Order”. An Order is accepted only under the terms of these Conditions of Use and Sale.
7.2 The Customer will place an Order on the Website by adding the Product(s) to the “Shopping bag” and then go to “Check out”. The Customer must also confirm his/her Order by clicking on the button marked “Complete order” to place his/her Order.
7.3 When the Order has been placed the Customer will receive an “Order Confirmation” via e-mail. The Order Confirmation will include all details of the Product(s), price(s) of the Product(s) including VAT and any other fees, delivery date(s), delivery costs, terms for payment, information regarding the Customer’s right to cancel within the grace period (as set forth in Section 14), applicable warranties and other services provided by NinaSTHLM, and the terms to cancel the Order.
8.1 Delivery of the Products will normally take place within such time period from time to time disposed by NinaSTHLM for the relevant Product, unless otherwise agreed or set out in the Order Confirmation, and will be delivered to the Customer by registered mail. (the “Delivery”).
8.2 Orders with Delivery within Sweden will be charged a fixed freight rate and a service fee of, at present, SEK 80. Orders to be delivered within the other Nordic countries will be charged a fixed freight rate and a service fee of, at present, SEK 150. In respect of other countries, freight rates and service fees will be, at present, SEK 200 within Europe and, at present, SEK 300 to other countries. NinaSTHLM reserves the right to adjust these freight rates and service fees in accordance with price increases occurring during the period between the day when the Order was placed and the day of Delivery.
8.3 The risk for the Product passes to the Customer when the Delivery is made in accordance with Section 8.1 above.
9.1 Delay on behalf of NinaSTHLM exists if the Product(s) is/are not delivered or not delivered on time and the delay was not caused by the Customer, other causes for which the Customer is not liable, or force majeure.
9.2 Upon delay, the Customer is entitled to withhold payment and claim performance of the Order or, if the delay is of major importance to the Customer, cancel the Order.
10.1 A Product is defective if the Product deviates from what is set forth in the Order or in any respect deviates from the Customer’s legitimate expectations based upon information provided by NinaSTHLM. Unless otherwise provided for in this Agreement, the Products shall be fit for the purpose for which products of a similar kind are generally used, and possess the characteristics which NinaSTHLM has referred to by providing samples or models.
10.2 The Product shall also be deemed to be defective if NinaSTHLM, prior to the sale, failed to inform the Customer of a matter relating to the characteristics or use of the Product of which NinaSTHLM was aware or should have been aware, and about which the Customer could reasonably expect to be informed, provided that such failure can be presumed to have influenced the purchase.
10.3 If a Product is defective the Customer has the right to claim repair, re-delivery, price reduction or compensation to rectify the defect, withhold payment, or, if the defect is of major importance to the Customer, cancel the Order.
10.4 NinaSTHLM has primarily the right to offer repair or re-delivery if it can be made within reasonable time and without any additional costs for the Customer.
10.5 NinaSTHLM is only responsible for original defects, which means that the defect existed prior to the time the Product was purchased or delivered. Within a limit of six (6) months the defective Product is considered to be an original defect, which must be remedied by NinaSTHLM free of charge, unless NinaSTHLM can prove that the defect was not present at the time of the sale. After six months period the Customer must prove that the Product had the original defect at the Delivery.
11.1 The Customer must make a complaint of the defective Product to NinaSTHLM within reasonable time after the defect was discovered (Sw: reklamation).
11.2 The Customer must notify NinaSTHLM, orally or in writing, and explain why he or she considers the Product to be defective. If the complaint is made within two (2) months after the defect was discovered it is always made on due date. After three (3) years the Customer has lost his/her right to make a complaint, provided that no warranty states otherwise.
11.3 The Customer shall perform the return procedure by ordering a return slip from NinaSTHLM, filling out the return slip and sending the defective Product to NinaSTHLM by registered mail.
11.4 NinaSTHLM will bear the return costs if the Product(s) is/are defective or wrongly delivered.
11.5 If repair or re-delivery is not made within a reasonable time after the complaint was made, the Customer has the right to claim price reduction or to cancel the purchase of the relevant Product.
11.6 The right to cancel is exercised by sending an e-mail to info@ninasthlm.com or by calling NinaSTHLM at +46 (0)8 731 00 91. Upon cancellation of the purchase of the relevant Product, the Customer shall return the Product in accordance with the return procedure stated in Section 11.3 above.
12.1 The price(s) of the Product(s) is/are stated in the Order Confirmation.
12.2 All prices in the Order Confirmation are stated in Swedish kronor including applicable VAT (presently 25 %) and any other taxes. Delivery costs and potential C.O.D fees (Sw: postförskott) are not included and will be added, and paid by the Customer. Customers purchasing Products from countries outside of Sweden may also be obligated to pay customs duties. Customs duties are not included in the price(s) and any customs duties payable shall be paid by the Customer to the Customs or relevant authorities in the country where the Products are finally delivered.
12.3 The prices stated on the Website and in each Order Confirmation are given with reservation for increased supplier prices, printing errors, any incorrect stated specifications and also for clearance sales.
13.1 The Customer will pay the prices at the times stated in each Order Confirmation referred to under Section 7.3 and Section 12 above.
13.2 The payment can only be made with credit card and the due amount will be drawn immediately.
13.3 The Product(s) shall remain the property of NinaSTHLM until full payment has been made.
14.1 The Customer has the right under the Distant Sales and Door-to-Door Sales Act (Sw: Distans- och hemförsäljningslagen 2005:59) to cancel the Order within fourteen (14) days from the day that the Customer received the Product (the “Grace Period”) (Sw: ångerrätt). If the Grace Period does not include seven (7) working days, the Customer will always have seven (7) working days in which to cancel the Order. Working days are regarded to be all days of the year apart from Saturdays, Sundays, other public holidays, Midsummer’s Eve, Christmas Eve and New Year’s Eve.
14.2 The Grace Period is counted from the day on which the Customer received the Product. However, the Grace Period is counted, at the earliest, from the day in which the Customer received the information provided in the Order Confirmation as set out in Section 7.3. The right to cancel laps if the Customer has begun to use the Product(s) during the Grace Period and/or removed the seal from the Product(s).
14.3 The right to cancel is exercised by sending an e-mail to info@ninasthlm.com or by contacting NinaSTHLM at +46 (0)8 731 00 91. Upon cancellation of the Order the Customer shall order a return slip from NinaSTHLM, fill out the return slip and send the Product to NinaSTHLM by registered mail.
14.4 If the Order is cancelled within the Grace Period any fee the Customer may have paid for the Product will be refunded by NinaSTHLM within thirty (30) days from the day that NinaSTHLM received the returned Product.
15.1 Communication between the Customer and NinaSTHLM, and vice versa, occurs via e-mail, by telephone or ordinary mail as follows:
NinaSTHLM
E-mail: info@ninasthlm.com
Phone number: +46 (0)8 731 00 91
Address:
NinaSTHLM
Att: Customer Service
Stockholmsvägen 60A
SE – 181 42 Lidingö, Sweden
Customer E-mail, phone number and address: as per the latest details given to NinaSTHLM.
16.1 NinaSTHLM shall relieved from liability for a failure to perform any of its obligations due to any circumstance which impedes, delays, or aggravates any obligation to be fulfilled under this Agreement, such as acts or omissions of authorities, new or changed legislation, conflict on the labour market, blockade, fire, flood, shortage of transport means, goods or energy or major accidents as well as defects or delay related to deliveries from sub-contractors caused by such circumstances (“Force Majeure”).
16.2 When NinaSTHLM desires to invoke an event of Force Majeure NinaSTHLM shall notify the Customer thereof without unreasonable delay.
16.3 Notwithstanding Section 16.1-16.2 above and without limiting the Customer’s rights under Section 9, the Customer is entitled to terminate this Agreement with immediate effect by notifying NinaSTHLM if the fulfilment of any material obligation under this Agreement should be delayed due to a Force Majeure event by more than three (3) months.
17.1 NinaSTHLM reserves the right to make changes to the Conditions of Use and Sale from time to time. If any changes are made to the Conditions of Use and Sale, NinaSTHLM will make available a new copy of the Conditions of Use and Sale on http://www.ninasthlm.com
17.2 However, NinaSTHLM retains, at all times, the right to undertake changes and measures, immediately and without prior information, by reason of legislation, or the guidance or directives of public authorities.
17.3 Any amendments to or modifications of the Conditions of Use and Sale will be made in writing and NinaSTHLM will make available a new copy of the Conditions of Use and Sale on http://www.ninasthlm.com
18.1 These Conditions of Use and Sale constitute the whole agreement between the Customer and NinaSTHLM and shall govern the Customer’s purchase of the Product(s).
19.1 Swedish law shall apply for this Agreement, without regard to its principles of conflicts of laws.
19.2 Any disputes shall be determined either by a Swedish court of general jurisdiction or in the courts of the country where the Customer is domiciled