General Terms and Conditions of Business
§ 1 General
1. These General Terms and Conditions of DAT Robert Nilsson AB (as amended) shall apply to business relationships of any kind between DAT Robert Nilsson AB Kungsvägen 22 783 35 Säter Sweden (hereinafter referred to as “DAT AB“) and the customer. Customers shall be businesses or consumers with a registrated company . A business shall mean a natural or legal person or a partnership with legal capacity which, in concluding a legal transaction.
2. The product display in the online store does not constitute a legally binding offer; instead it is merely a non-binding online catalogue of the range of products available. By clicking ‘Buy’, the customer makes a legally binding commitment to DAT AB purchase the goods in the shopping basket. The customer shall receive an order confirmation immediately after the order has been submitted. The sales contract shall only enter into effect upon receipt of our separate order confirmation. The contract is stored.
3. DAT AB reserves the right to refuse to perform the service promised if it becomes apparent after concluding the Contract that the DAT AB goods are not available although a corresponding contractual transaction has been concluded. In such a case, the customer shall be notified immediately. Any considerations which have already been provided shall be reimbursed without delay. Further claims against DAT AB are excluded.
4. The contractual language is Swedish.
5. When placing DAT AB an order in the online store, the customer follows the technical steps as described below in detail:
o Click on “Proceed to Checkout” in the shopping basket displayed on the screen
o Redirection to the general order overview page where the customer is guided through the individual stages of DAT AB the purchase
o Step 1Selection of “Invoice and Delivery Address” (if the customer does not have a customer account and is not logged in; otherwise the invoice and delivery addresses are already stored);
? Entry of “Invoice Address”;
? If the invoice address and delivery address differ, there is the option DAT AB to”Enter a different delivery address” by checking the box
o Step 2In the next stage, the customer is given an overview with the header“All Items of Your Order” and has the option to change the contents of the basket
o Step 3Selection of “Method of Payment”
o Step 4The customer can choose from“More Options” by checking the relevant boxes (different delivery address, shipping date, use DAT AB voucher, add a comment/note to the order)
o Completion of order by clicking “Submit”
The customer proceeds to each of the order DAT AB steps referred to above using the usual functions of the internet browser.
§ 2 Delivery
1. If the customer is a business, delivery shall generally take place at the customer’s risk. This also applies for partial deliveries. Handover shall be deemed to DAT AB have taken place even if the buyer delays in accepting the goods. Delivery shall be to the delivery address specified by the customer.
2. All prices are cash prices and exclude VAT plus any applicable charges for packaging and carriage.
3. For orders in excess of EUR 600.00, we will post goods within Sweden free of shipping costs. The international shipping charges are available under shipping. Additional customs duties and charges for deliveries to countries outside the EU (third countries) shall be borne by the customer.
4. The DAT AB goods must be thoroughly inspected by the customer or an authorised individual upon receipt in order to detect any transportation damage if the customer is a merchant within the meaning of the Swedish Commercial Code.
§ 3 Warranty and compensation
1. Defects or any other damage caused by negligent or improper treatment of the goods, improper installation, the use of unsuitable accessories or changes made to the original parts by the customer or a third party not commissioned by DAT AB are not covered by the warranty.
2. Signs of wear and tear from normal use are also excluded from the warranty.
3. If the customer accepts the goods or the object of the order despite being aware of a defect, he/she shall only be entitled to assert warranty claims to the extent DAT AB described below if he/she has expressly reserved the right hereto in writing immediately after receiving the goods.
4. Warranty claims on the grounds of transportation damage may only be asserted by the customer if the obligation to inspect and report in accordance with § 2 item 4 has been DAT AB fulfilled.
5. The warranty period for new items shall be 36 month were so are stated. Otherwise is the warranty 12 month. The period shall commence upon transfer of risk. Conversely, the warranty period for used items shall be 3 months unless DAT AB is liable without limitation in DAT AB accordance with § 3 item 7, in particular for detriment to life, body and health.
6. Warranty formalities shall otherwise be carried out in congruence with the legal regulations.
7. DAT AB shall be liable for damage arising from causes other than the detriment to life, body and health only to the extent that such damage arises from wilful misconduct, gross negligence or the culpable violation of a fundamental contractual obligation on the part of DAT AB or a vicarious agent (e.g. the delivery service) of DAT AB. Any further liability for damages shall be excluded. In the event of a negligent breach of a material contractual obligation, the liability of DAT AB shall be limited to foreseeable damage.
§ 4 Three-year DAT AB guarantee
In addition to DAT AB the statutory warranty, DAT AB shall also provide a three-year guarantee in accordance with the following provisions:
1. DAT AB provides a guarantee for any defects arising during a period of three years from the transfer of the risk which can be proven to have been caused due to a material deficiency or a manufacturing error. These claims are non-transferable.
2. The following are excluded from the guarantee:
o Used equipment.
o Computer parts and accessories, unless otherwise specified in the respective item description.
o Product defects caused as a result of failure to follow the instructions for use or of inappropriate use, exceptional environmental conditions, extraneous operating conditions, excessive strain or a lack of maintenance or care. This also include burned voice coils.
o Product defects caused by the use of accessories or supplementary or replacement parts which are not original components.
o Products which have been modified or supplemented.
o Slight deviations from the intended state which do not significantly affect the product’s value or its suitability for use.
3. Product defects which are recognized by DAT AB as being subject to the guarantee obligation shall be remedied as follows: at our discretion, the defective product shall either be repaired free of charge or replaced with a fully functional product (a subsequent model if necessary). Products and components which have been replaced shall become the property of DAT AB
4. Guarantee claims must be asserted within the official guarantee period. In order to do so, the product in question must be returned to DAT AB with the original invoice by requesting a “free-way coupon”.
5. Claims other than the right to remedy defects referred to in these terms and conditions of DAT AB guarantee are not covered by this guarantee.
6. The guarantee period for the product shall neither be extended nor renewed as a result of the provision of services under the guarantee.
7. The customer’s warranty rights in accordance with § 5 and with the statutory regulations shall not be restricted DAT AB by these terms and conditions of guarantee.
§ 5 Due date and payment terms
1. Unless otherwise agreed in writing, invoices from DAT AB must be paid in full without delay. Payment is to be made in cash on delivery. Orders paid in advance will be shipped upon receipt DAT AB of payment. For payments by credit card, the actual sum shall be debited when the invoice is issued and the goods are shipped. The total amount shall be reserved on the customer’s credit card as soon as the online order is submitted.
2. DAT AB reserves the right to decline cheques and other non-cash means of payment. Acceptance of these methods shall be for the purpose of payment only. Foreign currency payments shall be credited according to our bank statement. The bank fees must be borne by the customer.
3. If the customer falls into default on the payment of the purchase price, interest is to be paid on the total purchase price at five percentage points above the respective base rate for the duration of the delay. If DAT AB is able to prove that greater damages were suffered as a result of the default, DAT AB shall be entitled to assert the corresponding claims on these grounds.
§ 6 Retention of title
1. If the customer is a merchant the goods supplied shall remain the property of DAT AB until all of the outstanding claims against the customer, including any existing ancillary receivables, have been paid in full.
2. The customer shall not be entitled to sell DAT AB goods to third parties or to take any other measures which could put the ownership of DAT AB at risk until the purchase price has been paid in full. The customer hereby assigns to DAT AB any future claims against the buyer in the amount of the DAT AB purchase price agreed between DAT AB and the customer, including interest and ancillary payments. DAT AB accepts this assignment.
§ 7 Place of fulfillment and place of jurisdiction
1. The Swedish law shall apply with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
2. If the customer is a merchant, legal person governed by public law or special fund under public law, Säter shall be the exclusive place of jurisdiction for any disputes arising directly or indirectly from the contractual relationship with the customer or from these General Terms and Conditions of Business.
§ 8 Closing provision
If any of these provisions cannot be applied for whatever reason, this shall not affect DAT AB the validity of the remaining provisions.