TERMS & CONDITIONS OF USE
1. APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS
These General Terms and Conditions apply to sale and delivery of Products to the Customer through the Webshop. The Customer expressly accepts these General Terms and Conditions when concluding an Agreement with the Seller.
Deviations from the provisions of these General Terms and Conditions may only take place with the prior written approval of the Seller, in which case the other provisions of these General Terms and Conditions shall remain in full force.
The Seller has the right to amend these General Terms and Conditions and the content of the Webshop without prior notice. The from time to time current General Terms and Conditions are available on the Seller’s website.
In these General Terms and Conditions the following terms shall be capitalized. These terms shall mean:Agreement - means any agreement for sell/purchase concluded between the Seller and the Customer in the context of an organized distance sale via the Website and to which these General Terms and Agreement form an integral part.Customer - means a natural person not acting in the exercise of a profession or business who concludes a distance agreement with the Seller or a natural person acting in the exercise of a profession or business who concludes a distance Agreement with the Seller.General Terms and Conditions - mean these general terms and conditions for purchases from the Webshop.Product(s) - refers to the boots and related accessories manufactured by the Seller and purchased by a Customer by or through the Polyver webshop shall or should be delivered to the Customer within an agreed period, for which Customer shall pay a certain price;Reflection Period - means the two week period within which the Customer may use its Right of Withdrawal (Sw. ångerrätt).Right of Withdrawal - means the option of the Customer to withdraw from the Agreement within the Reflection Period.Seller - means B2W Sweden AB, reg. no 556674-7530, Pilgrimcenter 110, 84058 Pilgrimstad, Sweden. Tel: +46 693 31323. Email: firstname.lastname@example.orgWebshop - http://polyver-sweden.myshopify.com, where the Seller markets and sells Products to both national and international Customers.
3.1 - The Customer shall receive the ordered Products within 10 working days from date of order. If the Seller is not able to deliver the ordered Product within such period of time, the Seller shall inform the Customer thereof together with a new date for delivery.3.2 - Freight cost and costs related to customs, duties and insurance shall be borne by the Customer.
4.1 - Unless otherwise specifically agreed between the parties, the Customer shall pay for the Products using the payment method as choosen at the checkout.4.2 - In the event that the Customer fails to make full payment in due time the Seller may, if applicable, withhold delivery of the ordered Product/s until payment is duly made. The Seller may decline to make further delivery of other Products ordered by the Customer.4.3 - In case of Sections 4.2 and 4.3, the Seller may claim interest according to the Swedish Interest Act (1975:635) (Sw. räntelagen) on the sum overdue until payment is made. The Customer is also responsible for costs for collection proceedings.
5. THE RIGHT OF WITHDRAWAL
The Customer always has the right to return unused and undamaged Products.He has 14 days from the date he receives his order to return or exchange the products purchased directly from the Polyver boots website (http://shop.polyver-boots.com) and the Seller will refund his original form of payment. If the Customer purchased the Polyver products at a retail store or from other websites, these products must be returned to the original store or site they purchased from. (See store return policy)
6. WARRANTY AND DEFECTS
6.1. - The Seller warrants that for a period of 1 year from the delivery date, the Product delivered shall be free of defects in material and workmanship under normal treatment and storage of the Product, consistent with product instructions which may be given by the Seller from time to time. Defects caused by treatment/storage inconsistent with the product instructions are in no case covered by this warranty.6.2. - In the event that the Customer claims that the delivered Product is defective and wishes to request delivery of a replacement Product, the Customer shall notify the Seller in writing within 2 weeks after having received the Product/s. Such notice shall include a complete description of the defects in order for the Seller to determine whether the Customer has the right to receive a replacement Product.6.3. - Besides what is expressly stated in Section 6.1 above, the Seller makes no warranties of any kind whatsoever, including but not limited to, warranties as to non-infringement, title, patent, all of which warranties are expressly disclaimed by the Seller and waived by the Customer.6.4. - The product warranty stated in this Section 6 extends only to a Customer who has directly purchased Products from the Seller. Unless otherwise provided by mandatory applicable provisions, purchasers of Products from the Customer have no right to put forward claims against the Seller regarding the Product/s.
7. ONLINE RETURNS AND EXCHANGE
To be eligible for a return, the item must be unused and undamaged, in the same condition that the Customer received it, with the original labels still attached and in their original packaging. Unfortunately Polyver is unable to process the claim if the goods are not in the original condition. In case of a model exchange or an unwanted product, the customer is responsible for paying his own shipping costs for returning his item; shipping costs are non-refundable.Refund payments will be made using the same payment method he used to make the initial purchase within 14 days of receiving the goods back.7.1 Unwanted products - When exercising the right of withdrawal, the Customer has to return the product on time, using the returns form that is included in the package.His refund will be processed, and a credit will automatically be applied to his credit card or original method of payment.Shipping costs are non-refundable. He also should consider using a trackable shipping service or purchasing shipping insurance. Polyver can’t guarantee that he will receive his returned item.7.2 Exchange - If the Customer would like to change the size of his product, he has to return it on time, using the returns form that is included in the package. As soon as the Seller received and inspected his return and if the conditions above are respected, Polyver will send him the new order. In this case, the Seller offers him the new shipping costs.7.3 Defective products - To return these products, the customer shall notify, in the first instance, in writing at email@example.com, within 2 weeks after having received the product. Such notice shall include a complete description with clear images of the defects in order for the Seller to determine whether the Customer has the right to receive a replacement Product.
8. LIMITATION OF LIABILITY AND FORCE MAJEURE
8.1 - Unless otherwise agreed between the parties, the remedies that the Customer may receive as a consequence of the Seller’s breach of obligations under the Agreement are limited to what is expressly stated herein. The Customer hereby waives claims for any direct or indirect damages arising out of the Seller’s breach of obligations under these General Terms and Conditions for sale of Products, including but not limited to, loss of actual or anticipated profits, except for such claims which cannot be waived according to the mandatory applicable legal provision.8.2 - In any case, the Seller shall be relieved from liability for a failure to perform any obligations under the Agreement, during such period and to the extent that the due performance thereof by the Seller is prevented by reason of any circumstance beyond the control of the Seller, such as war, warlike hostilities, mobilization or general military call-up, civil war, fire, flood or other circumstances of similar importance. If the Seller desires to invoke an event of force majeure, the Seller shall give immediate notice to the Customer of the commencement and the cessation of such event of force majeure, failing which the Customer shall not be discharged from liability for any non-performance caused by such event of force majeure. Both parties shall make all reasonable efforts to prevent and reduce the effect of any non-performance caused by an event of force majeure.
9. NOTICES AND LANGUAGE
9.1 - Unless otherwise agreed between the parties, any notice, request, consent and other communication to be given by a party under these General Terms and Conditions (hereinafter called a "Notice") shall be in the English or Swedish language and deemed to be valid and effective if personally served on the other party or sent by registered prepaid airmail to the other party’s known address.9.2 - A Notice shall be deemed to have been given: a) in the case of personal service: at the time of service; b) in the case of prepaid registered mail: at the latest 3 days after the date of mailing;
The Customer may not wholly or partly assign or pledge his or her rights and obligations under these General Terms and Conditions to any third party except with the prior written consent of the Seller.
11. GOVERNING LAW
These general terms and conditions for sale of Products shall be construed in accordance with and be governed by the laws of Sweden without regard to its conflicts of law principles.
The parties shall try to settle any dispute in connection with this Agreement through negotiations. Disputes may be settled by the Swedish National Board for Consumer Disputes (Sw. Allmänna reklmationsnämnden [ARN]). The Seller commits itself to adhere to decisions of the National Board for Consumer Disputes. If a dispute is not settled in the above way, a dispute shall be settled by the local court in the place where the respondent has its residence