1. Opening Provisions
1. 1. These Commercial Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of Smedigt AB, VAT number: SE559308833801, HANDELSMANSGATAN 10 B
252 49 Helsingborg (hereinafter referred to as the “Seller”) hereby regulate the mutual rights and obligations of the Parties established in relation to or on the basis of the Purchase Contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another individual or legal entity (hereinafter referred to as the “Buyer”) via the Seller's e-shop. The Seller runs the e-shop on www.nicovibes.com via a web interface (hereinafter referred to as the “Web Shop Interface”).
1.2. The Terms and Conditions shall apply in cases where a person intending to purchase goods from the Seller is a legal person or a person who, when ordering goods, is acting within the scope of their business activities or the independent performance of a profession.
1.3. Provisions that derogate from the Terms and Conditions may be agreed upon in the Purchase Contract. Derogating provisions under the Purchase Contract shall take precedence over those of the Terms and Conditions.
1.4. The provisions of the Terms and Conditions are an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are executed in the English language. The Purchase Contract may be entered into in English or other languages.
1.5. The Seller may change the wording of the Terms and Conditions or add to them. This provision is without prejudice to any rights and obligations existing during the effective term of the previous version of the Terms and Conditions.
1.6. Purchase contracts concluded between the Seller and the Customer are governed by Swedish Law foremost and there after, the law of the country that the order was placed from.
1.7. The Buyer acknowledges that in order to conclude the Purchase Contract under these Terms and Conditions, it is necessary that the Buyer is over 18 years of age.
2. User Account
2.1. Based on the Buyer's registration carried out through the Shop Website Interface, the Buyer shall be enabled to access its user interface. Using the Buyer’s own Shop Website Interface, the Buyer may order goods (hereinafter referred to as the “User Account”). The Buyer may also order goods directly from the Shop Website Interface without registration.
2. 2. When registering at the Shop Website Interface and when ordering goods, the Buyer must provide correct and true information for all the requested data. The Buyer shall be required to update the data provided at the user account in the event of any changes. The data provided by the Buyer in their User Account and when ordering goods is presumed to be correct by the Seller.
2.3. Access to the User Account is protected by a combination of a user name and a password. The Buyer shall be required to protect the confidentiality of all information essential for access to the User Account.
2.4. The Buyer must allow third parties to use their User Account.
2.5. The Seller may cancel the User Account, especially if the Buyer violates their obligations under the Purchase Contract (including the Terms and Conditions).
2.6. The Buyer shall acknowledge that its User Account may not be accessible at all times primarily due to necessary maintenance of the hardware and software equipment of the Seller, or, if need be, due to necessary maintenance of the hardware and software of third parties
3. Conclusion of the Purchase Contract
3.1. All the goods presentations provided in the Shop Web Interface shall be solely for information purposes, and the Seller shall not be obliged to conclude a specific contract for these particular goods.
3.2. The Shop Web Interface contains information about the goods, including specification of prices of the individual goods and costs of returning the goods, provided such goods cannot be returned normally by post due to their nature. The prices of goods shall be provided with VAT and all applicable fees and charges. The prices of goods remain valid for the period they are displayed on the Shop Web Interface. This provision does not limit the Seller's possibility to conclude the Purchase Contract under individually negotiated terms.
3.3. The Shop Web Interface also contains information on the costs connected with the packaging and delivery of goods. Information on packaging and delivery costs specified on the Shop Web Interface only apply in cases where goods are delivered within the EU.
3.4. To order the goods, the Buyer shall fill in the order form available at the Shop Web Interface. The order form particularly includes the information about:
3.4.1. The goods ordered (the Buyer shall “insert” the ordered goods into the electronic shopping basket of the Shop Web Interface),
3.4.2. The method of payment of the purchase price of the goods, and information about the delivery method of the ordered goods, and
3.4.3. Information on the goods delivery-related cost (hereinafter jointly referred to as the “Order”).
3.5. Prior to sending the Order to the Seller, the Buyer shall be entitled to check and edit the Buyer's data provided in the Order; even with regard to the Buyer's option to identify and correct mistakes incurred when entering data in the Order. The Buyer shall send the order to the Seller by clicking the “Confirm your order” button. Information specified in the Order shall be considered by the Seller as correct. Immediately after receiving the Order, the Seller shall confirm the receipt to the Buyer by an e-mail at the e-mail address specified in the user interface or in the Order (hereinafter referred to as the “Buyer’s E-mail Address”).
3.6. Depending on the nature of the Order (quantity of goods, purchase price, estimated shipping costs), the Seller shall at all times have the right to ask the Buyer for additional confirmation of the data specified in the Order (for example in writing, or over the phone). In the event that the Buyer fails to respond to this request for confirmation of the Seller within 7 days from the date of its delivery to the Buyer, the Seller shall consider that the Buyer has withdrawn from its intention to conclude the Purchase Contract as such.
3.7. The contractual relationship between the Seller and the Buyer shall be established by delivering the acceptance of the Order that the Seller shall send to the Buyer via email to the Buyer's Email Address.
3.8. The Buyer is aware that the Seller is not obliged to enter into the Purchase Contract, in particular with persons who previously violated their obligations to the Seller.
3.9. The Buyer agrees that means of remote communication shall be used to conclude the Purchase Contract. The costs incurred by the Buyer when using the means of remote communication in connection with the conclusion of the Purchase Contract (Internet connection costs, phone bills) shall be borne by the Buyer themselves.
4. Price of Goods and Terms of Payment
4.1. The Buyer may pay the price for the goods and potential costs related to the delivery of the goods in accordance with the Purchase Contract to the Seller in the following ways:
- Direct deposit via the payment system (online transfer)
- Direct deposit via payment card
4.2. In addition to the purchase price, the Buyer shall also pay to the Seller the agreed costs connected with the packaging and delivery of the goods. Unless expressly stipulated otherwise, the purchase price also denotes any costs associated with delivery of the goods.
4.3. The Seller shall not require payment of an advance or another similar payment from the Buyer. This shall not affect the provision of Section 4.6 in the Terms and Conditions regarding the obligation to pay the goods contractual price in advance.
4.4. In the case of cash payment, the purchase price is payable upon collection of the goods.
4.5. In case of cashless payment, the Buyer shall be obliged to pay the purchase price of the goods under a variable code. The Buyer shall always use their order number as the variable code. In the case of cashless payment, the Buyer’s obligation to pay the purchase price shall be fulfilled at the moment of crediting the respective amount into the Seller’s account.
4.6. The Seller shall be entitled, particularly when the Buyer failed to confirm the Order to the sufficient extent (Section 3.6), to require payment of the entire purchase price before sending the goods to the Buyer.
4.7. In the event that the Buyer pays the purchase price in the form of a cashless payment in advance to the Seller's account and the Seller does not have the goods in stock (so the Seller cannot send the goods to the Buyer), the Seller shall be obliged to immediately return the entire amount back to the Buyer's bank account, without any compensation or claim for damages due to non-delivery of the goods.
4.9. Individual discounts from the price of the goods provided by the Seller to the Buyer, as the case may be, cannot be combined.
4.10. If usual in business practice or stipulated in generally binding regulations, the Seller shall issue to the Buyer the respective tax document (invoice) regarding payments ensuing from the Purchase Contract. The Seller is a VAT payer. The tax document – invoice shall be issued by the Seller to the Buyer and sent in the package with the ordered goods to the Buyer's address.
5. Withdrawal from the Purchase Contract
5.1. The Buyer acknowledges that it is not possible, inter alia, for the Buyer to withdraw from the Purchase Contract for delivery of goods that have been customised according to the Buyer's wish; or for the Buyer to withdraw from the Purchase Contract for delivery of goods, as well as goods that have been irretrievably mixed with other goods that have been irreversibly mixed with other goods after delivery; or from the Purchase Contract for delivery of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons.
5.2. In cases other than those referred to in Section 5.1 or in other cases where the Buyer is not entitled to withdraw from the Purchase Contract, the Buyer who is a consumer shall have the right to withdraw from the Purchase Contract within fourteen (14) days of receiving the goods in accordance with our leglislation, provided that if the subject of the Purchase Contract is several types of goods or the delivery of several parts, this period shall commence from the date of receiving the last delivery of the goods. The Buyer shall be obliged to send its Purchase Contract cancellation within the time period stipulated in the previous sentence. The Buyer may send the withdrawal from the Purchase Contract to the Seller's customer service address, among others: Smedigt AB C/O "Mail Step a. s." Do Certous 2760/10 Prague 9 - Horní Počernice, 193 00, or to by e-mail.
5.3. Legal entities or persons acting in the course of ordering goods within the scope of their business activity or within the scope of the independent exercise of their profession shall not be entitled to withdraw from the concluded Purchase Contract for any reason other than a breach of legal obligations by the Seller.
5.4. In the event the Purchase Contract is withdrawn from pursuant to Section 5.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the beginning. The goods shall be returned to the Seller within fourteen (14) days from the Purchase Contract withdrawal by the Buyer. Should the Buyer cancel the Purchase Contract, the Buyer shall be obliged to cover all the costs related to the goods return to the Seller (only up to the amount of a normal package) even when the goods cannot be returned through the usual postal service due to their nature.
5. 5. In the event of withdrawal from the Purchase Contract pursuant to Section 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within 14 days after the return of the goods from the Buyer. The Seller shall also be entitled to return the funds provided by the Buyer already at the time the goods are returned by the Buyer, or in another way as long as the Buyer agrees and no other cost incurs to the Buyer. If the Buyer withdraws from the Purchase Contract, the Seller shall not be obliged to return the funds accepted to the Buyer before the Buyer returns the goods to the Seller, or proves that the goods were dispatched to the Seller.
5.6. The Seller shall be entitled to unilaterally include the title for compensation for the damage caused to the goods against the Buyer's entitlement for the purchase price return.
5.7. Until the goods are taken over by the Buyer, the Seller shall be entitled to withdraw from the Purchase Contract at any time. In such a case, the Seller shall return the purchase price to the Buyer without undue delay via direct deposit on the bank account specified by the Buyer.
5.8. If the Buyer is provided with a gift along with the goods, the deed of gift between the Seller and the Buyer shall be concluded with the subsequent condition stating that in case the Buyer cancels the Purchase Contract, the deed of gift for such a gift shall lose its effect and the Buyer shall be obliged to return the goods along with the gift provided.
6. Transport and Delivery of Goods
6.1. If the method of transport is agreed on the basis of the Buyer's special request, the Buyer shall bear the risk and any additional costs, if any, related to such a method of transport.
6.2. If, under the Purchase Contract, the Seller is obliged to deliver the goods to a location specified by the Buyer in the order, the Buyer shall be obliged to accept the goods upon delivery.
6.3. If, due to the fault of the Buyer, the goods must be delivered repeatedly or through other means than specified in the order, the Buyer shall be obliged to settle the costs related to the repeated delivery or the costs related to another method of delivery.
6.4. When receiving the goods from the forwarder, the Buyer shall be required to check the integrity of the packaging of the goods and, in the event of any disruptions, immediately notify the forwarder. If the packaging is found to be disrupted, which implies the consignment has been tampered with, the Buyer shall not be obliged to accept the consignment from the forwarder.
6.5. Additional rights and obligations of the parties during the transport of the goods may be defined by special delivery terms of the Seller, if issued.
6.6. In the case of purchases of tobacco products, the forwarder shall check the Buyer's age of majority upon delivery of the package, which shall be verified by the Buyer's ID.
7. Defective Performance Rights
7.1. The Seller shall be responsible for ensuring the Buyer that the goods are not defective. The Seller shall be particularly liable to the Buyer for ensuring that, at the moment of takeover by the Buyer:
7.1.1. The goods have the properties agreed upon between the Parties, and if such agreed arrangement does not exist, that they then have properties which the Seller and/or the manufacturer have described or which the Buyer expected in view of the nature of the goods and based on advertising,
7.1.2. The goods are suitable for the purpose for which their use is specified by the Seller or for which goods of this type are normally used,
7.1.3. The goods have the level of quality and design corresponding to the contractually agreed sample or pattern, if the quality and/or design has been determined according to such contractually agreed sample or pattern,
7.1.4. The goods are in the appropriate quantity, level of quality or weight, and
7.1.5. The goods fulfil the requirements of legislation.
7.3. The provisions stipulated in Section 7.1 of the Terms and Conditions shall not be applied to goods sold for a reduced price due to a defect or wear and tear caused by the regular use attributable to the lower agreed price; to the used goods for a defect corresponding to the use and wear and tear rate the goods already display when accepted by the Buyer, or if implied by the nature of the goods.
7.4. If a defect appears within six months of receipt, the goods shall be considered to have been defective at the time of receipt. The Buyer shall be entitled to exercise rights from defects that occur with regard to the consumer goods within 24 months from the acceptance of the goods.
7.5 If a defect manifests itself at any time after acceptance of the goods by the Buyer as a legal entity or a person in the course of his business, the Seller shall not be liable for such defects if the risk of damage to the goods has already passed.
7.5. The Buyer shall exercise the faulty performance rights with the Seller at the address of the company's registered office: Smedigt AB C/O "Mail Step a. s." Do Certous 2760/10 Prague 9 - Horní Počernice, 193 00, where the acceptance of the claim is possible with regard to the range of goods sold. The moment the Seller receives the goods under complaint shall be considered as the moment the complaint is filed.
7.6. The Seller's rules for complaints shall also be applicable for governing other rights and obligations of the Parties regarding the Seller's responsibility for defects.
8. Other Rights and Obligations of the Parties
8.1. The Buyer shall acquire ownership of the goods by paying the entire purchase price for them.
8.2. In relation to the Buyer, the Seller shall not be bound by any codes of conduct as defined by the provisions of Section 1826(1)(e) of the Civil Code.
8.3. Extrajudicial clearance of the complaints of consumers shall be secured by the Seller through the electronic address firstname.lastname@example.org. The Seller shall send the information about settlement of the Buyer’s complaint to the Buyer’s E-mail Address.
9. Personal Data Protection and Commercial Message Sending
9.1. Protection of the personal data of the Buyer, who is a natural person, is regulated under Act No. 101/2000 Coll., regarding Personal Data protection, as amended.
9.2. The Buyer agrees to the processing of the following personal data: full name, residential address, reg. No., VAT No., e-mail address, phone number (hereinafter jointly referred to as the “Personal Data”).
9.3. The Buyer agrees the Seller shall process their Personal Data for the purpose of exercising the rights and obligations under the Purchase Contract and for the purpose of keeping their User Account. If the Buyer does not choose another option, it shall be understood that the Buyer agrees with processing the Personal Data by the Seller also for the purposes of sending information and commercial messages to the Buyer. Consent to the processing of Personal Data in full pursuant to this Section is not a condition which, in itself, would make entry into a Purchase Contract impossible.
9.4. The Buyer understands they are required to provide their actual and correct Personal Data (when registering, at their user account, when ordering from the Shop Web Interface) and they are obliged to inform the Seller of any changes in their Personal Data without undue delay.
9.5. The Seller may entrust a third party processor to process the Buyer's Personal Data. The Seller shall not disclose the Personal Data to third parties without the Seller’s previous consent, except to couriers transporting the goods.
9.6. Personal data shall be processed for an indefinite period of time. The Personal Data shall be processed electronically by automated means or in printed form by non-automated means.
9.7. The Buyer shall confirm the provided Personal Data is correct and accurate, and acknowledge the Personal Data is provided consentingly.
9.8. Should the Buyer feel that the Seller or the processor (Section 9.5) uses the Personal Data contrary to the rules describing the protection of private and personal life, or contrary to the law, in particular if the Personal Data is inaccurate with regard to the processing purposes, the Buyer shall be entitled to:
9.8.1. Request the Seller or the processor to provide an explanation,
9.8.2. Request the Seller or processor to rectify such situation.
9.9. If the Buyer asks for information concerning processing of their Personal Data, the Seller shall be obliged to give the information to the Buyer. The Buyer shall be entitled to require an adequate fee for provision of the information as per the previous sentence, the total of which shall not exceed the necessary costs of provision of the information.
9.11. What Personal Data Do We Process?
Identification data – in particular first and last name, gender, password and, for age verification purposes, date of birth.
Contact information – information you filled out when you registered or placed an order such as your email address, phone, billing and shipping addresses, your Facebook ID number.
Details of your orders – goods ordered, delivery and payment methods.
Data about your behaviour on the website – we use third party tools to collect data and improve the user experience.
9.12. Why Do We Process Your Personal Data?
9.13. What Are Your Rights in Relation to the Processing of Personal Data?
You have a number of rights in relation to the protection of your Personal Data. If you wish to enforce any of these rights, please contact us at the e-mail address: email@example.com
- You have the right to information that has already been provided in this information page containing Personal Data processing principles.
- Thanks to the right of access, you can call upon us at any time and, within 7 days, we will provide you with evidence as to what Personal Data we are processing and why.
- If any of your details change, or if you find your Personal Data to be outdated or incomplete, you have the right to supplement and alter your Personal Data.
- You may enforce your right to restrict processing if you suspect that any data we are processing is incorrect, if you believe we are carrying out said processing illegally, but do not wish to erase all of the data, or if you raise an objection against processing.
- You may limit the scope of Personal Data or the purposes of processing (e.g. by unsubscribing from the newsletter you limit the purpose of processing for sending commercial communications.)
- Right to Deletion (see Section 9.14.)
9.14. Right to Deletion
You have the right to request us to delete your Personal Data at any time. Please send this request to firstname.lastname@example.org. The right to deletion does not apply to data that we are required by law to keep (invoices, credit notes, etc.). Your request may be refused if we need your Personal Data to establish, exercise or defend our legal claims.
You shall be entitled to deletion in the following cases:
- The Personal Data are no longer necessary for the purposes for which they were processed
- You have withdrawn your consent on the basis of which the data was processed and there is no further legal basis for processing it
- You have raised an objection to the processing of Personal Data and you consider that the assessment of the objection will show that your interest outweighs our interest in processing the Personal Data in the specific situation
- The Personal Data are being processed unlawfully
- The obligation to deletion is laid down in a special legal regulation
- This concerns Personal Data of children under 16 years of age
10. Sending of Commercial Information and Saving of Cookies
10.1. The Buyer hereby agrees to the sending of information relating to goods, services or the business entity of the Seller to the Buyer’s E-mail Address and agrees to the sending of commercial information by the Seller to the Buyer’s E-mail Address.
10.2. The Buyer gives its consent to the saving of cookies on its computer. In the event that a purchase via the website can be carried out and the commitments of the Buyer arising from the Purchase Contract fulfilled without storing cookies on the Buyer’s computer, the Buyer may withdraw their consent pursuant to the preceding sentence.
10.3. Use of Third Party Cookies
11.1. Unless agreed otherwise, all correspondence relating to the Purchase Contract must be delivered to the other Party in writing by e-mail, in person or via postal service operator (at the sender's discretion). Correspondence addressed to the Buyer shall be delivered to the e-mail address indicated at their User Account.
11.2. The delivery times vary from country to country. The expected delivery times per country are listed below:
- 3-5 days to Bulgaria
- 3-5 days to Croatia
- 1-3 days to Czechia
- 3-5 days to France
- 2-4 days to Germany
- 1-3 days to Slovakia
- 5-7 days to Spain
11.2.1. The delivery times are estimated by couriers. We do not guarantee that all orders will be delivered in these time frames. We do work proactively to minimize all delays.
12. Final Provisions
12.1. If the relationship established by the Purchase Contract contains an international (foreign) element, then the Parties agree that the relationship is governed by the Swedish law. The aforementioned does not affect the consumer's rights resulting from the generally binding legal regulations.
12.2. Should any provisions of the Terms and Conditions be found to be or become invalid or ineffective, then such invalid and/or ineffective provisions shall be replaced by provisions with a meaning that corresponds as closely as possible to the purpose of the replaced provisions. The invalidity or ineffectiveness of a provision shall not affect the validity of the remaining provisions.
12.3. The Purchase Contract, including the Terms and Conditions, shall be archived by the Seller in electronic form and shall not be accessible.
12.4. A sample contract withdrawal form is an integral part of the Terms and Conditions.
12.5. The Seller's contact information: delivery address: Smedigt AB C/O "Mail Step a. s." Do Certous 2760/10 Prague 9 - Horní Počernice, 193 00, e-mail address email@example.com, phone +46728533545..
12.6. The Seller further points out that the Buyer themselves, as an entrepreneurial natural person or legal entity or a person who buys goods in the course of its business activity, shall always be responsible for respecting and complying with the rules of the Buyer's country of origin regarding the import of the products offered by the Seller.