Terms of Use and Sale
1. Introduction
1.1 These terms of use and sale shall apply for the website access and the sale of products by Mutewatch AB on this website www.mutewatch.com (the “Terms).
1.2 The Terms version 1.0 is applicable from 2011-01-01, and until replaced or changed pursuant to Section 17 below.
2. Definitions
2.1 “Agreement” means these Terms.
2.2 “Customer” means the party ordering Products on the Website.
2.3“Mutewatch” means Mutewatch AB, [556776-0110], 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 Mutewatch.
2.5 ”Order” means each order placed by the Customer on the Website. 2.6 “Website” means Mutewatch AB’s website mutewatch.com
3. Confirmation and Registration
3.1 In order to purchase Products on the Website the Customer must confirm his or her acceptance of the conditions of this agreement. . The Customer must also state his or her contact information such as (but not limited to) name, address, e-mail and telephone number.
3.2 The Customer accepts the Terms through clicking on the button marked “I accept the Terms”.
3.3 The confirmation of the Terms and the registration of contact information on the Website will result in a binding agreement between the Customer and Mutewatch (the “Agreement”) which will come into force in accordance with what is specified in these Terms.
3.4 An individual may not purchase Products on the Website, and may not accept the Terms (a) if the individual is not 18 years old and therefore not able to enter into a binding agreement, or (b) the individual is prevented from receiving the Products or using the Website under applicable legislation in the country where the Customer is residing, or from which he or she is accessing the Website.
3.5 In addition to the Agreement, the Customer and Mutewatch shall be bound by the terms and conditions in Mutewatch’s Privacy Policy (the “Privacy Policy”) referred to under Section 5.4 and Section 6.3.
3.6 The Customer affirms that the information he or she supplies to Mutewatch is correct and up to date. The Customer also takes responsibility for updating this information as necessary.
4. Data Protection
4.1 Mutewatch 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, e-mail address, telephone number, postal address etc. Such information about the Customer is private and confidential. Mutewatch will not disclose this information to any unauthorised person. Mutewatch may, however, disclose data to authorities if there is suspicion of a criminal offence being committed or as otherwise required by law.
4.2 Mutewatch will handle the personal data provided by the Customer in accordance with the Swedish Personal Data Act (1998:204). Mutewatch will use and manage the personal data for the following purposes:
a) for the supply of the Products and the administration of Orders;
b) for quality control work, analysis and development of the Products;
c) for marketing purposes aimed at the Customer or for offers made to the Customer;;
d) for publishing statistics about the Products; and
e) for the fulfillment of obligations laid down in law or the directives of public authorities.
4.3 Mutewatch is the legal entity acting as the personal data controller of the Customer’s personal data. The Customer has the right, once per calendar year and upon written request to Mutewatch, to obtain information on which personal data about the Customer Mutewatch is handling. The Customer also has the right to demand that incorrect data is corrected, blocked or erased. The Customer may also notify Mutewatch, in writing, at any time, that the Customer does not wish to receive direct marketing in the form of advertisements.
4.4 Mutewatch’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, as amended from time to time, therefore apply to all actions taken under this Agreement.
5. The Website’s Use of Cookies
5.1 Mutewatch 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 computer’s hard drive (a “persistent cookie”) by a web page server. Cookies are not used to run programs or deliver viruses to the computer.
5.2 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 the Customer has returned to a specific page. When the Customer returns to Mutewatch’s website, cookies enable Mutewatch to retrieve
the information the Customer previously provided, so that the Customer can easily use the features that he or she customised.
5.3 Information on Mutewatch’s use of cookies is also provided in the Privacy Policy.
6. Order and Order Confirmation
6.1 All sales and purchases under this Agreement shall be referred to as an “Order”. An Order is accepted only under the Terms.
6.2 The Customer will place an Order on the Website by adding the Product(s) to the “Basket” 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.
6.3 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, estimated delivery date(s), delivery costs, terms for payment and information regarding the Customer’s right to cancel within the grace period (as set forth in Section 14).
7. Delivery
7.1 Delivery of the Products will normally take place within such time period from time to time displayed by Mutewatch AB 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”).
7.2 Orders will be charged a fixed freight rate and a service fee.
US$30
Brazil
Uruguay
US$25
China
Hong Kong
Japan
Mexico
Philippines
Singapore
Taiwan
US$15
Canada
United States
€20
Cyprus
Malta
€15
Switzerland
€10
Austria
Belgium
Bulgaria
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Ireland
Italy
Latvia
Liechtenstein
Lithuania
Luxembourg
Netherlands
Norway
Poland
Portugal
Romania
Slovakia
Slovenia
Spain
£10
United Kingdom
SEK 50
Sweden
Mutewatch 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.
7.3 The risk for the Product passes to the Customer when the Delivery is made in accordance with Section 7.1.
8. Delay
8.1 Delay on behalf of Mutewatch 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.
8.2 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.
9. Liability for defects
9.1 A Product is defective if the Product deviates from what is set forth in the Order or in any material way deviates from the Customer’s legitimate expectations based upon information provided by Mutewatch. The Customer understands that Mutewatch constantly develops the Products, and accepts that the Products may vary from the specifications made available by the Mutewatch. 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 materially possess the characteristics which Mutewatch has referred to.
9.2 The Product shall also be deemed to be defective if Mutewatch, prior to the sale, failed to inform the Customer of a matter relating to the characteristics or use of the Product of which Mutewatch 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.
9.3 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.
9.4 Mutewatch 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.
9.5 Mutewatch 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 Mutewatch free of charge, unless Mutewatch 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.
9.6 Buyer understands that Mutewatch constantly develops the Product and accepts that the Product may vary from the specifications in this Agreement or otherwise made available by Mutewatch.
10. Complaints and Returns
10.1 The Customer must make a complaint of the defective Product to Mutewatch within reasonable time after the defect was discovered (Sw: reklamation).
10.2 The Customer must notify Mutewatch, 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 from the purchase, the Customer has lost his/her right to make a complaint, provided that no warranty states otherwise.
10.3 The Customer shall perform the return procedure by ordering a return slip from Mutewatch, filling out the return slip and sending the defective Product to Mutewatch by registered mail.
10.4Mutewatch will bear the return costs if the Product(s) is/are defective or wrongly delivered.
10.5If 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.
10.6 The right to cancel is exercised by sending an e-mail to support@mutewatch.com Upon cancellation of the purchase of the relevant Product, the Customer shall return the Product in accordance with the return procedure stated in Section 10.3.
11. Prices
11.1 The price(s) of the Product(s) is/are stated in the Order Confirmation.
11.2 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.
11.3The 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.
12. Payment
12.1 The Customer will pay the prices at the times stated in each Order Confirmation referred to under Section 6.3 and Section 11 above.
12.2 The payment can be made through PayPal. For information about the payment please visit www.paypal.com.
12.3 In the event of late payment, penalty interest shall be payable according to an interest rate which by eight (8) percentage units exceeds the Swedish Riksbank’s reference rate.
12.4 The Product(s) shall remain the property of Mutewatch until full payment has been made.
13. Right to cancel within the grace period
13.1 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.
13.2 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 6.3. The right to cancel lapses if the Customer has used the Product(s) during the Grace Period and/or removed the seal from the Product(s).
13.3 The right to cancel is exercised by sending an e-mail to orders@mutewatch.com or by contacting Mutewatch at +46 713 05 00. Upon cancellation of the Order the Customer shall order a return slip from Mutewatch, fill out the return slip and send the Product to Mutewatch AB by registered mail.
13.4 If the Order is cancelled within the Grace Period any fee the Customer may have paid for the Product will be refunded by Mutewatch within thirty (30) days from the day that Mutewatch received the returned Product.
14. Contact
15.1 Communication between the Customer and Mutewatch, and vice versa, occurs via e-mail, by telephone or ordinary mail as follows:
E-mail: support@mutewatch.com
Phone number: +46 73 713 05 00
Address:
Mutewatch AB
Box 23035
113 64 Stockholm
Sweden
15. Limitation of Liability
15.1 Mutewatch 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 or components, goods or energy or major accidents as well as defects or delay related to deliveries from sub-contractors caused by such circumstances (“Force Majeure”).
15.2 When Mutewatch desires to invoke an event of Force Majeure Mutewatch shall notify the Customer thereof without unreasonable delay.
15.3 Notwithstanding Section 15.1-15.2 above and without limiting the Customer’s rights under Section 8, the Customer is entitled to terminate this Agreement with immediate effect by notifying Mutewatch if the fulfillment of any material obligation under this Agreement should be delayed due to an event listed under Section 15.1 by more than three (3) months.
16. Alteration and Amendments to the Terms
16.1 Mutewatch reserves the right to make changes to the Terms from time to time. If any changes are made to the Terms, Mutewatch will make available a new copy of the Terms on mutewatch.com
16.2 However, Mutewatch 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.
16.3 Any amendments to or modifications of the Terms will be made in writing and Mutewatch will make available a new copy of the Terms on mutewatch.com.
17. Entire agreement
17.1These Terms, together with documents referred to in these Terms, constitute the whole agreement between the Customer and Mutewatch and shall govern the Customer’s purchase of the Product(s).
18. Applicable law and Disputes
18.1 Swedish law shall apply for this Agreement, without regard to its principles of conflicts of laws.
18.2 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, if the Customer is a consumer and domiciled within EU.