Terms of sales & delivery

1. 1.

   Scope

   These terms of sales and delivery apply as an agreement between Badtunna Skärgårdstunnan AB ("Skargards ") and the natural or legal person who enters into an agreement in accordance with section 3 ("the Purchaser"). Deviations from these terms and conditions are only valid if they have first been expressly approved in writing by Skargards or if implied terms and conditions exist.

2. 2.

   Parties

   When an agreement is entered into between Skargards and the Purchaser in accordance with section 3 below, Skargards is a party to the agreement.
   
   Full details of Skargards:
   
   Badtunna Skärgårdstunnan AB
   
   VAT number: SE556809597901
   
   Industrigatan 12
   662 34 Åmål
   Sweden
   
   Telephone no.: 076 8888 100
   E-mail: customerservice@skargards.ie

3. 3.

   Entry into an agreement

   By means of the Purchaser's order, an offer is made to enter into a purchase contract (agreement) with Skargards. The purchase contract will come into existence when Skargards accepts the offer by an order confirmation.The price of the product (which includes VAT) will be the price indicated on our website when you click “Submit Your Order”.
   
   The agreement is stored digitally.

4. 4.

   Right to cancel

   1. 4.1.

      Right to cancel the purchase

      1. 4.1.1.

         Skargards's hot tubs are always a special order for goods that are customised for each individual customer at the time of the order.

      2. 4.1.2.

         Despite the special order for the goods, Skargards grants the Purchaser a unilateral right to cancel his or her purchase within 60 days without giving any reason. The period is limited to 60 days from the date of the order, or 40 days after delivery, whichever is the later 

   2. 4.2.

      Procedure for exercising the right of cancellation

      Exceptions to the right of withdrawal/cancellation

      1. 4.2.1.

         The Purchaser must notify Skargards of his or her intention to exercise its right to cancel the purchase. The notice is given to any of the contact points specified in section 2.

      2. 4.2.2.

         After the notice has been given and confirmation has been received, the goods, if they have been delivered, are returned in an unused and undamaged condition to:
         
         Badtunna Skärgårdstunnan AB, Industrigatan 12, SE-662 34 Åmål, Sweden.

      3. 4.2.3.

         In the event that Skargards finds that the products are handled beyond that necessary to establish their nature, characteristics and functioning Skargards is entitled to a deduction from the amount refunded corresponding to the cost of restoring the goods to their original state. Such a deduction, however, can never amount to more than the original price of the products.

      4. 4.2.4.

         In the event of exercise of the right to cancel, the Purchaser is responsible for paying any shipping costs for the return of the goods. If the goods were delivered to a country other than Sweden, Skargards will compensate the Purchaser for the part of the cost that relates to shipping outside the country to which the goods were originally delivered. The purchaser bears the risk for the goods during transportation for the entire distance.

      5. 4.2.5.

         The Statutory Right of Withdrawal and the Contractual Right of Cancellation are only available to a consumer, as defined in Directive 2011/83/EC as “any natural person who, in contracts covered by this Directive, is acting for purposes which are outside his trade, business, craft or profession” (“Consumer”). The Statutory Right of Withdrawal and the Contractual Right of Cancellation do not apply to traders or if the purchase can be considered to have been carried out mainly for use in the context of commercial activities (“Non-Consumers”).

      6. 4.2.6.

         No right to cancel exists if the goods were built fully in accordance with exact specifications provided by the Purchaser. In the case of such an order, it is specifically stated when the order is accepted that no right to cancel exists.

      7. 4.2.7.

         The right to cancel fully expires in all cases when the goods have been used beyond what is objectively reasonable for examining them and/or establishing their condition. Such use may consist, for example, of the goods having been assembled, filled with water or the burner has been used, etc.

5. 5.

   Delivery, transport & damage

   1. 5.1.

      Unless otherwise specifically stated at the time of acceptance of the order, delivery will take place at the address provided by the Purchaser at the time of the order, with the exception of non-palletised parcel goods, where delivery is made to the nearest parcel agent.

   2. 5.2.

      If the goods are to be shipped according to the Purchaser's instructions, the goods are considered to have been delivered when they have been handed over the independent carrier or have been unloaded at a dock.

   3. 5.3.

      Unloading during delivery takes place on weekdays between the hours of 07:00 and 17:00. The Purchaser must be able to identify him or herself, on request, as the recipient of the goods.

   4. 5.4.

      Unloading takes place using a tail lift to ground level directly beside the vehicle.

   5. 5.5.

      Unloading takes place, unless specifically agreed otherwise, at the Purchaser's site boundary or as close to the site boundary as the carrier considers that it is possible to drive the vehicle taking the conditions of the site into consideration.

   6. 5.6.

      The Purchaser is responsible for examining the goods upon receipt. If the Purchaser, on receipt, discovers that the consignment has been damaged during transportation, the Purchaser must immediately point this out on site to the parcel agent or carrier. The damage must then be described in the shipping document. The document must be signed by both parties. In the event that the transport company denies liability, the Purchaser must contact Skargards.

   7. 5.7.

      If articles are missing in the consignment, the Purchaser must immediately contact Skargards.

   8. 5.8.

      Complaints must have been received by Skargards within seven (7) days from the date of delivery of the goods. If the Purchaser fails to submit a complaint within the prescribed period, regardless of whether or not the Purchaser identified any damage prior to that, the Purchaser loses the right to claim in that regard.

   9. 5.9.

      The Purchaser approves the consignment and agrees that no visible damage is present on the goods received by signing the shipping document provided by the parcel agent or carrier. If the Purchaser identifies damage from transportation after the Purchaser has approved the consignment, the Purchaser has no right to compensation from the transport company or Skargards.

   10. 5.10.

       Transportation with a time guarantee only applies if the transport company has undertaken to carry out transportation with a time guarantee in an agreement with or offer to the client. Requirements or conditions established by the client with regard to the delivery point, for example in a consignment note, are not binding on the transport company or on Skargards.

   11. 5.11.

       If a consignment has not been collected from the transport company or received as agreed, the Purchaser is obliged to pay all shipping costs, any additional costs and assume the risk of transportation. Failure to collect ordered goods is not considered to be a rights to cancel in accordance with section 4 above.

   12. 5.12.

       Free shipping for palletised goods applies only where the transport company has regular routes for trucks and the delivery address can be reached on a route classified by the transport company as a navigable route. Examples of non-navigable routes include routes that include a ferry or other boat transport (except for the Gotland ferry). In case of doubt regarding the navigability of the route, the Purchaser is responsible for contacting the transport company's customer services. Please note that the transport company's regular routes may vary depending on the time of year.

   13. 5.13.

       If the route is not classified by the transport company as a navigable route, the Purchaser is obliged to collect the products from the nearest freight terminal. Any transportation costs deriving therefrom are payable by the Purchaser.

6. 6.

   Replacement

   Skargards has no obligation to replace non-defective goods. Nevertheless, Skargards will endeavour to accommodate any requests for replacement. The right of withdrawal is not affected by this. If goods that are subject to a right of replacement are to be returned, the terms and conditions laid down in section 4 above regarding procedures in the case of the exercise of a right of replacement apply, unless otherwise specifically agreed.

7. 7.

   Payment

   1. 7.1.

      The various payment options available to the Purchaser are provided to the Purchaser when an agreement in accordance with section 3.1 above is entered into. The Purchaser is provided with customised payment options.

   2. 7.2.

      Skargards reserves the right to carry out normal credit checks and investigations on the Purchaser in relation to (a) the Purchaser’s identity and (b) the Purchaser’s ability to pay., The Purchaser must be able to prove his/her identity on request.

      These investigations may include passing the Purchaser’s personal information to credit reference agencies and they may keep a record of any search that they do. #

   3. 7.3.

      Due dates and late fees in the case of an invoice purchase

      1. 7.3.1.

         The invoice due date is 15 days from its issue date.

         In the case of non-payment or late payment, Skargards is entitled to charge interest to the Purchaser on the overdue amount at the rate of 8% a year. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment.

      2. 7.3.2.

         If the invoice is not paid after the first reminder, Skargards is entitled to charge a late fee of EUR 100 for every reminder that is issued.

      3. 7.3.3.

         If Skargards is forced to take legal measures after issuing a third reminder that does not result in full payment of the invoice, Skargards is entitled to charge a late fee of EUR 450.

   4. 7.4.

      Card payments

      1. 7.4.1.

         In the case of payment by credit/debit card, the payment takes place using an encrypted procedure.

      2. 7.4.2.

         In the case of payment by credit card, the card will be charged on the day that production or packaging of the order is initiated at the Skargards factory. However, an amount equal to the purchase price will be reserved on the card at the time the order is placed.

      3. 7.4.3.

         The Purchaser must be authorised to use the debit or credit card specified in the payment.

8. 8.

   Reservation of ownership

   1. 8.1.

      Risk in the products shall pass to the Purchaser on delivery.

   2. 8.2.

      Title to the products referred to in an invoice shall not pass to the Purchaser until Skargards has received payment in full for:

      1. 8.2.1.

         That invoice; and

      2. 8.2.2.

         all other sums which are or which become due to Skargards from the Purchaser for sales of the products or on any account.

   3. 8.3.

      Until title to the products has passed to the Purchaser, the Purchaser shall:-

      1. 8.3.1.

         hold the products on a fidiuciary basis as Skargards’ bailee;

      2. 8.3.2.

         store the products separately from all other products held by the Purchaser so that they remain readily identifiable as Skargards’ property;

      3. 8.3.3.

         not remove, deface or obscure any identifying mark or packaging on or relating to the products;

      4. 8.3.4.

         maintain the products in satisfactory condition

   4. 8.4.

      If the Purchaser does not pay for the products and without limiting any other right or remedy Skargards may have, Skargards may at any time require the Purchaser to deliver up the products and, if the Purchaser fails to do so promptly, Skargards may enter any premises of the Purchaser or of any third party where the products are stored in order to recover them.

9. 9.

   Warranty and complaints

   1. 9.1.

      As per statutory consumer protection Skargards provides a guarantee for manufacturing and material defects to goods, for a period of 2 years from the date of purchase.

   2. 9.2.

      For legal persons and cases where implied terms do not apply, a 12-month guarantee for manufacturing and material defects apply.

   3. 9.3.

      Claims under the guarantee must either be submitted in writing to the address specified in section 2 or per email to customerservice@skargards.ie.

   4. 9.4.

      The Purchaser is entitled to the guarantee provided that the product is used and assembled in accordance with the accompanying instructions for assembly and use.

   5. 9.5.

      In the case of a valid guarantee claim, Skargards will, within a reasonable period, either
      
      (1) repair the product free of charge or
      (2) replace the defective product with a new or equivalent product or
      (3), in the event that neither of the previous options are feasible, refund the purchase price of the product.
      
      The Purchaser is responsible for ensuring that any of its own installation- and building materials are removed to allow Skargards's personnel access to the tub in the case of repair.

   6. 9.6.

      Skargards's liability for compensation can never amount to more than the value of the defective part of the delivered goods.

   7. 9.7.

      Skargards is not liable for any loss or damage that is not foreseeable. Loss or damage is foreseeable if ether it is obvious that it will happen or if, at the time the agreement was made, both parties knew it might happen.

   8. 9.8.

      The guarantee is not valid if: 
      modifications are carried out to the product without prior approval in writing from Skargards.
      - (external) tools or items are connected to the product without prior approval in writing from Skargards.
      - repairs were carried out using parts other than authorised spare parts or if maintenance was not carried out in accordance with the instructions.

   9. 9.9.

      If the product must be returned for repair or replacement, the Purchaser is responsible for packaging the product in the same way as it was packaged on receipt and for making the product accessible at the place where the carrier engaged by Skargards unloaded it upon delivery. Instructions on how to claim under a guarantee are provided by Skargards at the time of receipt of a claim notification. If a guarantee claim is approved, Skargards will compensate the Purchaser for the cost of return shipping from the aforesaid location.

10. 10.

    Processing of personal data – confidentiality

    By placing an order with Skargards, the Purchaser consents for Skargards to store, manage and use the personal information and data applicable within the context of customer relations for order processing, payment processing, delivery management, communication, information and a newsletter. Skargards is also entitled to provide the necessary data to third parties in order to comply with its obligations vis-à-vis the Purchaser. If the Purchaser does not wish to receive further communication, the Purchaser can expressly opt-out to receive further contact. If the Purchaser chooses to pay by credit/debit card, the transaction will be processed by our payment partner Adyen to ensure fast and secure payment. Adyen meets all Payment Card Industry Data Security Standard requirements. Skargards does not store any card information in the case of payment by card.

11. 11.

    Designation of applicable law and disputes

    1. 11.1.

       If a dispute arises between the Purchaser and Skargards we recommend the Purchaser attempts to revolve it with Skargards informally.

    2. 11.2.

       Alternatively disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform at this link https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN. The contract between the Purchaser, if they are a Consumer, and Skargards shall be governed by and construed in accordance with the laws of the Purchaser’s country of domicile and the parties hereby submit to the jurisdiction of the courts in the Purchaser’s country of domicile.

    3. 11.3.

       The contract between a Non-Consumer and Skargards shall be governed by and construed in accordance with Swedish law and the parties hereby submit to the exclusive jurisdiction of the Swedish courts.

    4. 11.4.

       Where a class/collective claim is permitted under applicable national law, the Purchaser agrees with Skargards that each party can only file a claim against the other party in an individual capacity, not as a respondent or group member in a class/collective claim. No arbitrator or adjudicator may accumulate more than one person's claim or otherwise accept any kind of class/collective claim unless otherwise agreed by the Purchaser and Skargards.

    5. 11.5.

       Skargards has a legal duty to Consumers to supply products to that are in conformity with this contract. Nothing in this contract affects such Consumer’s statutory rights under law.

12. 12.

    Skargards's liability

    1. 12.1.

       For Non-Consumers, these Terms and Conditions constitutes the whole agreement and understanding between the Purchaser and Skargards and supersedes any previous agreement, understanding or agreement between them relating to the subject matter of this contract. The Purchaser acknowledges that, in entering this contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in these Terms and Conditions. Each party agrees that all liability for and remedies in respect of any representations are excluded except as expressly provided in these Terms and Conditions. Nothing in this clause shall limit or exclude any liability for fraud.

    2. 12.2.

       Skargards is not liable for any direct or indirect property damage or economic loss as a result of its goods or services or in the event that it is not possible to use them. For avoidance of doubt, Skargards does not exclude or limit in any way our liability to the Purchaser where it would be unlawful to do so.

    3. 12.3.

       Skargards is not liable for any loss or damage that is not foreseeable. Loss or damage is foreseeable if ether it is obvious that it will happen or if, at the time the agreement was made, both parties knew it might happen. This does not exclude or limit in any way Skargards’ liability to the Purchaser where it would be unlawful to do so.

    4. 12.4.

       In the case of Non-Consumers, all warranties, conditions or obligations implied by law shall be excluded to the extent permitted by law and Skargards’ liability in contract or tort (including negligence) shall not exceed the price paid for the products.

    5. 12.5.

       Skargards is not liable for any business losses. We will have no liability in contract or tort (including negligence) to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13. 13.

    Severance

    1. 13.1.

       If any provision of this agreement (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

    2. 13.2.

       If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

This agreement was last updated on 15th of July 2020.