TERMS OF PURCHASE
This Agreement contains the terms and conditions that apply to any order, purchase, receipt, delivery or use of any products or services (“items”) from Open Products 237 AB or any of its subsidiaries, agents, partners or affiliates (collectively “Open Products”). By accepting delivery of the item(s) purchased from Open Products you agree to the following terms and conditions. These terms and conditions are subject to change at any time without prior written notice.
GENERAL
Prior to your order, we, Open Products, assume that you have read and understood the product and service information on our website at www.openproducts.com. Your order represents a request to enter into an agreement with us. We shall remain owner of all items until such time as you have made full payment and we have received your payment.
PRICES
Our prices may be modified without prior notice further to circumstances such as significant changes in raw-material prices, exchange-rate fluctuations or changes made to value added tax. Value added tax of 25% will be added to all purchases within the European Union (EU). Should the rate of value added tax be modified, we reserve the right to adjust our prices with the equivalent amount.
SALES AND SPECIAL OFFERS
Sales, special offers and promotions will only be valid while the related stocks last and/or within the valid time period, unless otherwise stated in conjunction with the offer. We reserve the right to withdraw special offers and promotions at any time.
PAYMENT
Payment shall be made by credit or debit card. Shipping costs are in addition to the cost of the items. Upon the return of any item, a refund will be made to the credit card or bank card account used when you made your order.
DELIVERY
Items are normally dispatched within 5 working days of your order but at times of high demand may take up to 15 working days.
OpenProducts are liable for items that are damaged or lost during delivery. Claims regarding items damaged during shipment must be made in accordance with what is set forth under "Complaints" below.
SHIPPING OUTSIDE THE EU
Unless prohibited by law we ship parcels to any country in the world through our web shop. It is your responsibility to ensure that purchase and use of our products and services is not in contravention of any laws or regulations in the country in which you reside. You are responsible for any customs, import charges or taxes applicable to the products or services you purchase in the country in which you reside and/or the shipping address you supply unless otherwise advised by us.
NOT FOR RESALE
You agree that you are buying our products and services for your own use and not for resale.
RIGHT TO PURCHASE CANCELLATION AND RETURN OF ITEM(S)
You have the right to cancel your purchase if the products or services you have purchased from us does not fulfil your expectations. No deal will be considered concluded before you have received and approved your items. Items are considered approved 14 days after date of reception.You will receive a refund if you are not totally satisfied. If you are not satisfied, you have the right to cancel your purchase within 14 days as of the date you received your item(s). You have the right to open the packaging to verify that the items are in perfect condition.
In order for a cancellation and/or return to be approved, products must be returned in their original condition and in their original packaging together with all related manuals and parts. The return must be made with the same wrapping as when it was received, or with equivalent wrapping. When using the aforementioned right to cancel a purchase you will, for an approved return, receive a refund (less the cost of return shipping) from us within 30 days of us having received the returned items.
For returns, please complete a Product Returns form on our website www.openproducts.com.
RIGHT OF EXCHANGE
In case of a faulty or otherwise damaged item, you have the right to exchange your item(s) for an equivalent product within 14 days of receipt of the item(s). The right of exchange shall not apply to sales, special-offer or promotional products. In order for a return to be approved, the item(s) must be returned in their original condition and in their original packaging together with all related manuals and parts. The return must be made with the same wrapping as when it was received, or with equivalent wrapping. At exchange of purchased items, the cost of return shipping will be borne by us.
COMPLAINTS
Should the item(s) be damaged upon receipt, or should you receive an incorrect product, or should the item(s) in any other way deviate from the agreement between yourself and us, you shall have the right to submit a complaint. Complaints concerning an item must be submitted as soon as possible. A complaint submitted within 30 days of a fault being discovered will always be considered as being made within the permitted period of time.
As soon as a returned item has been received in accordance with what is set forth above under "Right to purchase cancellation and return of item(s)", a refund or exchange will be made to you within 30 days.
Your right to submit a complaint against a purchased item is governed by the rules applicable according to the laws of the country from which you placed your order. Your right to submit a complaint against a purchased item will, however, never exceed 2 years.
We will not be responsible for defects in the products which are caused by modification or faulty maintenance or faulty repair by you without our prior written consent; due to normal wear and tear or deterioration of the products; or caused by accident, misuse, or by any other circumstances attributable to you.
Should the product be faulty, defective or should you have received the wrong item, the cost of return shipping will be borne by us. Costs and choice of courier must be approved by OpenProducts prior to the return. For returns, please complete a Product Returns form on our website www.openproducts.com.
LIABILITY UPON RETURN OF GOODS
When using the right to purchase cancellation or right to submit a complaint or right of exchange, you shall be liable for the returned item(s) during the return shipment, and you shall thereby be liable to compensate us for item(s) returned should such item(s) be damaged or lost during the return shipment. In view of that you are liable for the returned item(s) until they have been received by us, we recommend that you make a note of the parcel's tracking number.
PRODUCTS
Open Products continually upgrades and revises its products and service offerings. We may revise and discontinue products and service offerings at any time without prior notice to customers. We will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet are possible.
PRIVACY
See Open Products Privacy Policy here for information and notices concerning our collection and use of your personal information.
GENERAL PROHIBITIONS
You agree not to use our products and services in violation any applicable law or regulation. Open Products will cooperate with the order or requirement of a court, law enforcement authority or other governmental body of competent jurisdiction in the investigation of criminal activity associated with our products or services.
OWNERSHIP AND INTELLECTUAL PROPERTY
Open Products' products and services are protected by copyright, trademark, and other laws of Sweden, the EU and other countries. Except as expressly provided Open Products and its licensors exclusively own all right, title and interest in and to the products and services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the products or services.
All trademarks, service marks, logos, trade names and any other proprietary designations of Open Products used herein are trademarks or registered trademarks of Open Products. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
LIMITATION OF LIABILITY
OPEN PRODUCTS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE, FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. OPEN PRODUCTS WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, OPEN PRODUCTS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE AMOUNT YOU PAID FOR THE PURCHASE GOVERNED BY THIS AGREEMENT.
FORCE MAJEURE
We decline all liability for delivery delays or shortcomings in our fulfilment of obligations and commitments according to these purchase terms and conditions should the delivery delay or shortcoming be due to circumstances beyond our control and that prevent, obstruct or delay the delivery or fulfilment in question.
Circumstances considered beyond our control include - but is not limited to - regulations, measures or omissions by public authorities, new or amended legislation, labour-market disputes, blockade, fire, flooding, sabotage or major accidents. Such circumstances shall also include decisions by public authorities that may negatively affect the market or products, such as decisions regarding warning texts, sales prohibition and similar, or an abnormal downturn in the market.
DISCLAIMER
We do not accept liability for any printing or typing errors with regard to prices and other information provided by us.
ENTIRE AGREEMENT
This Agreement covers the entire agreement between you and Open Products and replace any previous or simultaneous agreements, communications and arrangements.
VALIDITY
Should a provision of this Agreement become invalid then it shall not affect the validity of the other provisions. The statutory regulation shall apply in place of the invalid provisions.
DISPUTES
Swedish law applies to all purchases and orders, unless otherwise expressly stipulated in these purchase terms and conditions. Any dispute that may arise will be referred to the Swedish National Board for Consumer Disputes (Sw. Allmänna Reklamationsnämnden – ARN). Our policy is to always follow recommendations made by ARN.
COMPANY DETAILS
Open Products 237 AB
Barsebäcksvägen 27
246 30 Löddeköpinge
Sweden
Corporate identity number: 556855-1344
E-mail: info@openproducts.com