GENERAL TERMS AND CONDITIONS
1. BACKGROUND
1.1
These general terms and conditions ( the ”General Conditions”) apply when you as a consumer
(”the Customer”) place an order via www.lapland-sales.eu (the ”Website”).
The agreement is concluded between you and Lapland Sales & Marketing OÜ (”LSM”), with company
registration number: 12 863 723. Detailed contact information about LSM are set forth on the Website. The General Conditions are only applicable for Customers that are consumers at LSM.
1.2
The Customer must be minimum 18 years old to order via the Website. LSM does not accept any credit purchases to persons below 18 years of age. LSM reserves the right to deny or change a Customer’s order for example if the Customer has provided incorrect personal data and/or has any record for non-payment of debt.
1.3
LSM shall have no liability in case products are sold out, nor for image or typographical errors on the Website, for example errors in the product description or technical specification, inaccurate prices and price adjustments, for example changed prices from suppliers, change in currencies or incorrect information with regards to whether a product is in stock. LSM is entitled to rectify any such errors and, at any time, to change or update the information. If an inaccurate price has been stated for a product ordered by the Customer, LSM will naturally notify the Customer accordingly and await the Customer’s approval of the amended price prior to LSM continuing with the order process.
All images on the Website shall be considered solely as illustrations. Such illustrations do not guarantee to reproduce the amount of products the Customer will receive or the exact appearance, function, colour or origin of the product. LSM is not responsible for any information provided by third parties, on the Website.
1.4
The Website and all its content is owned by LSM, the Suppliers, Licensors or Manufacturers.
The information is protected by intellectual property and marketing legislation. This means that trademarks, company names, product names, images and graphics, design, layout and information about products, services and other content may not be copied or used without the prior written consent of LSM.
2. CONTRACTS AND ORDERS
2.1
When placing an order through the Website, the Customer has accepted the General Conditions.
By accepting the General Conditions, the Customer undertakes to comply with the General Conditions in its entirety and acknowledges that he/she has read the information on personal data and cookies and consents to the use according to LSM’s Privacy Policy.
2.2
A purchase agreement is concluded when LSM has confirmed the Customer’s order and the Customer has received an order confirmation from LSM via e-mail or SMS. LSM encourages the Customer to save the order confirmation for any future contacts with LSM regarding the order.
The Customer is entitled to cancel its order up until it has been confirmed by LSM.
If the order is cancelled, LSM will refund any payments the Customer or its pay- or credit card company has made with regards to the order.
3. CUSTOMER DATA
3.1
When you visit the Website and conduct a purchase, LSM processes your personal data in order for you to complete the purchase agreement in the best way. You confirm that the information you entered is accurate and complete and that any inaccurate or incomplete information is your responsibility. Wrong information can also result in a package that can not be delivered.
Information regarding LSM's processing of personal data can be found in LSM's Privacy Policy.
3.2
The Customer undertakes to ensure that no one, except the Customer, uses the Customer’s information details. If the Customer is provided with a member login, the Customer may not disclose its username or password to any person and shall ensure that any documentation with information about username and password is kept in such a way that unauthorized persons may not access the information. The Customer shall without delay, notify LSM if it may be suspected that any unauthorized person has obtained access to the Customer’s login and/or password.
Note that the Customer is responsible for all purchases made with the Customers log-in details if the Customer has not notified LSM with such information.
3.3
If LSM suspects that the Customer abuses its user account or its log-in details or otherwise violates the General Conditions, LSM is entitled to block the Customer’s access to its user account. It is then up to LSM to decide if the Customer shall continue to be a Customer, or if the account shall be removed from the Website.
4. PRICES, FEES AND PAYMENT
4.1
The prices stated on the Website apply to orders placed on the Website. All prices are presented in Euros and includes VAT. The prices do not include payment- and shipping fees, which are given separately if there are such costs.
4.2
The Customer can pay for its purchase in the manner specified on the Website. LSM is entitled to charge the Customer already in connection with the order, unless invoicing or any similar payment method has been selected by the Customer and approved by LSM or it´s providing partners.
Upon invoicing or partial payment, LSM or its partners may obtain a third party credit report.
In such a case the Customer will be informed accordingly. LSM reserves the right not to offer all payment methods at all times, due to any sudden changes or availability. Please note that limitations of available payment methods are set forth on the Website.
5. SPECIAL OFFERS
LSM may from time to time provide special offers on the Website which may have more favourable conditions than those set forth in these General Conditions, for example regarding payment or extended right of withdrawal. Such conditions will only apply for the duration of the special offer and for the specific products set forth by LSM in connection therewith. LSM reserves the right at anytime withdraw special offers. Upon termination or withdrawal of a special offer, these General Conditions shall apply without any amendments. Any offers on specific products on the Website are valid only for a limited period of time. The Customer will be informed on these terms on the Website.
6. DELIVERY AND SHIPPING
6.1
Products in stock are normally delivered within the number of working days set forth on the Website. Unless otherwise agreed (for example in connection with reservation of products not in stock), delivery will be made according the number of working days given by the supplier, after LSM has confirmed the order in writing to the Customer.
6.2
The expected delivery time is set forth on the current product page on the Website. Unless otherwise expressly agreed and if a delivery is delayed for more than 30 working days over expected delivery time, the Customer are entitled to cancel the purchase.
6.3
If any package shall be picked up at a specific delivery point, the Customer shall do so within the time specified in the notification. Packages shall normally be retrieved personally with valid identification and order number. The Customer will receive a notification of delivery stating when and where the package shall be picked-up or received. The notification may be made by e-mail, ordinary mail and if the Customer has provided a mobile number, also by phone or SMS. LSM is entitled to charge the Customer a fee of €15 if the package is not retrieved. This shall cover the costs for returning the package to the sending part.
7. RIGHT OF WITHDRAWAL
7.1
When purchasing products on the Website the Customer has a 14 day withdrawal period in accordance with applicable consumer protection legislation. This means that the Customer has the right to cancel any purchase by notifying LSM accordingly within 14 days from when the Customer or its representative received the product ordered (withdrawal period).
7.2
The right of withdrawal does not apply to the following kind of products:
(a)
products made to the Customer’s specification or which otherwise has been given a clear personalised character, for example a print/text
(b)
products with broken seals which may not be returned due to health protection or hygiene reasons (e.g. underwear, cosmetics, swimwear, blow dryers and similar products, razors, electrical tooth brushes, scales, electric pads and foot baths) or
(c)
audio- or image recordings (for example CD-records) or computer software which were unsealed after delivery
7.3
By accepting the General Conditions, the Customer acknowledges and agrees that the right of withdrawal is not valid for any digital content delivered otherwise than by a tangible medium.
7.4
In connection with ordering a product for which the right of withdrawal does not apply, the Customer will receive clear information. If a product has been sealed, the Customer may not break the seal if the Customer wishes to utilize its right of withdrawal. The right of withdrawal ceases accordingly when the Customer breaks the seal. A seal shall also include any technical seal (for example serial number).
7.5
If the Customer wishes to withdraw a purchase, the Customer shall, prior to the expiry of the withdrawal period, send a clear message to LSM.The Customer shall provide information on name, address and other relevant information, e.g. order reference, invoice number and the name of the product in the message, explaining what has happened and if needed also attach photos of the object showing damage or any other proof, that can justifie the withdraw. The Customer may use standard email form or the right of withdrawal, provided by the National Board for Consumer Policies.
7.6
If the Customer uses its right of withdrawal, the Customer shall pay for the return shipping costs and is responsible for the condition of the product after the Customer has received the product and during the return shipping. The product shall be returned within 14 days from the date when LSM was notified of the withdrawal.
The product shall be sent well packaged, in good condition and in its original box and/or packaging. Any returns shall be sent to LSM in accordance with the methods and directions set forth on the Website.
Depending on the destination, customers may be subject to additional charges in order to receive their package. Such charges include Customs & Duty charges, VAT/local taxes, etcetera.
The aforementioned fees are the sole responsibility of the Customer, even in case of forced return,for example prior to the parcel being delivered to the customer. If you require more information on this, please promptly contact LSM for support.
7.7
LSM may at time offer delivery aswell as returns free of charge for certain products. If delivery/return free of charge is applicable, this is set forth on the applicable page for the product on the Website.
7.8
When the Customer withdraws its purchase, LSM will refund the amount the Customer has paid for the product, including shipping costs. Any additional shipping costs due to the Customer choosing another delivery than the standard delivery offered by LSM are exempted from refund. Upon return of part of an order, the shipping costs will not be refunded. LSM is entitled to deduct an amount from the amount to be refunded, which corresponds to the depreciation in value of the product compared to the original value of the product, if and to the extent such depreciation in value is due to Customer having handled the product to a greater extent than necessary to determine its function or characteristics.
7.9
LSM may delay repayment until LSM has received the product or the Customer has provided proof that the product has been returned, for example by means of certificate of delivery. LSM will pay back the amount without undue delay, however due to international bank transfer no later than within 15 working days (21 days) from the date LSM received the Customer notification of withdrawal. Repayment will be made to the Customer by the payment method chosen by the Customer at purchase. If there is a third part providing invoicing, the re-payment will be transferred to that third part, in order to clear any ”not paid” invoices connected to the purchase.
7.10
As a customer at LSM, you have the right to be able to order items, to try them out and to return items that don’t fit. However, there are known that some disturbing behavior among certain customers who systematically order items and return nearly everything, which is bad for the environment as well as costly to handle. It may also concern suspicion of items being returned after being used, or some other form of fraud. We reserve the right to suspend a customer when we detect this type of behavior. The suspension does not have a time limit. As usual, an agreement is concluded after acceptance of the offer. A suspension is not done at random, and not based on single cases or occasions. It is based on many various factors in a customer’s behavior, such as: number of purchases, number of returns, order/return ratio, how free deliveries/returns are used/abused, late returns or claimed missing items/returns/deliveries.
The normal procedure with any returns is that LSM recieves the package for control, before any refund is made. If, on inspection, it turns out that there is a suspicion of use, washing or odor of perfume, the items will not be refunded. If the customer wants to get the items back, the customer him/herself will be responsible for the shipping cost.
7.11
IMPORTANT!
LSM is working with different delivery companies, these are independent partners and LSM has nothing to do with these partners other than the LSM suppliers are using them for transporting packages. If a package gets lost/disappears/wrongly delivered/stolen or otherwise on the way to or from the Customer, the Customer shall turn to the delivery Company in question with the complaint, and not to LSM. This will automatically be an insurance matter for the Transport company, and any refund for the order should be paid out by the transporter or the transporters insurance company, not LSM. LSM are not responsible for any wrong doings by the transportation company!
8. WARRANTY AND COMPLAINTS
8.1
Some of LSM’s products may be subject to warranties. Information about any warranty period and special conditions for warranties for each product respectively, is set forth on the Website or in these General Conditions. Warranties for products will only cover original manufacturing defects and accordingly not any fault arising upon or after any individual changes of the product’s function and appearance, for example rebuilding, upgrading or other configuration of the product. The Customer’s order confirmation constitutes the certificate of warranty.
8.2
The right to file a complaint apply to products which are defective according to applicable consumer protection legislation. Any Customer who wishes to assert their right to file a complaint for any product ordered shall contact LSM, as soon as possible after the defect was discovered, using the contact information set forth on the Website.
8.3
LSM will carry the cost for the return freight for any approved complaints.
8.4
Once a product, for which a complaint has been filed, is returned and the complaint approved, LSM will refund the Customer. LSM strives to do so within 30 days from receipt of the complaint by LSM, but it may be delayed depending on the nature of the product. LSM reserves the right to refuse any complaint if the product, in compliance with applicable consumer protection legislation, proves not to be defective. Upon complaints LSM complies with the guidelines provided by the National Board for Consumer Complaints or the corresponding authorities in other European countries.
9. LINKS
Sometimes when showing a specific product, LSM can provide the Customer with a link to another website of which LSM has no control. Even if LSM attempts to ensure that LSM only provides links to websites which applies similar personal data- and security provisions pursuant to LSM’s Privacy Policy, LSM are not responsible for any protection or confidentiality of information or personal data which the Customer provides when visiting other websites. The Customer should be cautious and read the personal data provisions applicable to the actual website.
10. FORCE MAJEURE
LSM is not liable for any delays caused by circumstances beyond LSM’s control, for example general labour dispute, acts of war, fire, lightning, pandemic outbreaks, terrorist attacks, changed governmental orders, technical problems, defects in power- /tele-/computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above. Such circumstances shall result in relief from damages and other measures. If any such situation should arise, LSM shall inform the Customer accordingly. If the situation has lasted for more than two months, both the Customer and LSM are entitled to terminate the purchase with immediate effect.
11. CHANGES TO THE GENERAL CONDITIONS
LSM reserves the right to change these General Conditions at all times. Any changes to these General Conditions will be posted on the Website. Changes will become valid once the Customer has accepted the General Conditions (in connection with a new purchase or while browsing the Website), alternatively 30 days after LSM has informed the Customer of the changes. However, LSM recommends that the Customer regularly remains updated on the Website in order to become aware of any changes to the General Conditions.
12. SEVERABILITY
If any provision of this Agreement is held to be invalid or unenforceable by any competent court, authority or arbitral tribunal, the remainder of that provision and all other provisions will remain valid and enforceable to the fullest extent permitted by applicable law. Any provisions determined invalid or unenforceable will be substituted by relevant legal guidance and advice.
13. APPLICABLE LAW AND DISPUTE RESOLUTIONS
13.1
Any disputes shall primarily be settled by agreement after discussions direct with LSM.
13.2
If a dispute cannot be resolved through discussion with LSM, you, as the customer, can directly submit complaints online via the EU-commissions platform mediation for disputes, link here:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
If you submit a complaint via that platform, your submission will automatically be forwarded to the correct national body responsible for resolving disputes. That body will then contact us and try to resolve the dispute without court involvement. In any dispute, LSM follows the decision of each countries respective Dispute Settlement Body.
Disputes concerning the interpretation or application of these General Terms shall be settled as determined here. If an agreement can not be reached, a settlement can be reached in court.
Established by Lapland Sales & Marketing OÜ 2020-04-01