Användarvillkor

Article 1 – Definitions

In these terms and conditions, the following meanings apply:

  • Cooling-off period: The period within which the consumer can exercise their right of withdrawal.
  • Consumer: A natural person who acts outside their professional activities and enters into a distance agreement with the entrepreneur.
  • Day: Calendar day.
  • Long-term transaction: A distance agreement concerning a series of products and/or services where delivery and/or obligation is spread over time.
  • Durable data carrier: Any means that allow the consumer or entrepreneur to store information addressed to them personally, so that it can be consulted in the future and reproduced unchanged.
  • Right of withdrawal: The consumer's option to withdraw from the distance agreement within the cooling-off period.
  • Entrepreneur: The natural or legal person who offers products and/or services to consumers remotely.
  • Distance agreement: An agreement in which a system for selling products and/or services remotely is organized by the entrepreneur, and only techniques for remote communication are used up to the conclusion of the agreement.
  • Technique for remote communication: Means that can be used to conclude an agreement without the consumer and entrepreneur being in the same place at the same time.
  • General terms and conditions: These general terms and conditions of the entrepreneur.

Article 2 – The Entrepreneur's Identity

Canterfim Limited
Office 3906, 39th Floor, The Center
99 Queen's Road Central, Central,
Hong Kong
Company No. 78364646

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement and order concluded between the entrepreneur and the consumer.

Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be stated before the distance agreement is concluded that the general terms and conditions are available at the entrepreneur's premises and will be sent free of charge upon the consumer's request as soon as possible.

If the distance agreement is concluded electronically, the text of these general terms and conditions can, in deviation from the previous paragraph, and before the agreement is concluded, be provided to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be stated where the general terms and conditions can be accessed electronically, and they will be sent free of charge at the consumer's request, either electronically or in another way.

If specific product or service terms apply in addition to these general terms and conditions, the second and third paragraphs of this article apply, and the consumer may always invoke the provision that is most favorable to them in the event of conflicting general terms and conditions.

If one or more provisions in these general terms and conditions are wholly or partially void or annulled at any time, the agreement and the terms and conditions will otherwise remain in effect, and the void or annulled provision will be replaced by a provision that, as far as possible, reflects the intent of the original provision.

Situations not regulated by these general terms and conditions must be assessed "in the spirit of" these general terms and conditions.

Uncertainties about the interpretation or content of one or more provisions of these terms and conditions must be interpreted "in the spirit of" these general terms and conditions.

Article 4 – The Offer

  1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

  2. The offer is non-binding. The entrepreneur reserves the right to modify and adapt the offer.

  3. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed for the consumer to assess the offer. If the entrepreneur uses images, they must be a true representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.

  4. All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or cancellation of the agreement.

  5. Images of products must be a true representation of the products offered. However, the entrepreneur cannot guarantee that the colors displayed correspond exactly to the real colors of the products.

  6. Every offer contains information that clearly informs the consumer about their rights and obligations associated with accepting the offer. This includes, in particular:

    • The price, including taxes;
    • Any shipping costs;
    • How the agreement will be concluded and the actions required to do so;
    • Whether or not the right of withdrawal applies;
    • The method of payment, delivery, and implementation of the agreement;
    • The timeframe for accepting the offer or the period within which the entrepreneur guarantees the price;
    • The tariff for communication at a distance if the costs of using the technology for distance communication are calculated on a basis other than the regular base rate for the used communication means;
    • Whether the agreement will be archived after its conclusion, and if so, how the consumer can consult it;
    • The way in which the consumer, before concluding the agreement, can check and, if necessary, correct the information they provided as part of the agreement;
    • Any other languages in which the agreement can be concluded, in addition to Swedish;
    • The codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically; and
    • The minimum duration of the distance agreement in the case of a long-term transaction.

Article 5 – The Agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and meets the stipulated conditions.

  2. If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may dissolve the agreement.

  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

  4. The entrepreneur may, within legal limits, investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly concluding the distance agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or application or to attach special conditions to the implementation.

  5. The entrepreneur will include the following information with the product or service, in writing or in a way that allows the consumer to store it on a durable data carrier:

    • The address of the entrepreneur's business location where the consumer can lodge complaints;
    • The conditions and method for the consumer to exercise their right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    • Information on guarantees and existing after-sales services;
    • The information included in Article 4, paragraph 3, unless the entrepreneur has already provided this information to the consumer before the agreement was executed;
    • The conditions for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
  6. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

  7. Every agreement is concluded under the condition of sufficient availability of the products concerned.


Article 6 – Right of Withdrawal

  1. When purchasing products, the consumer has the right to dissolve the agreement without giving reasons within 14 days. This cooling-off period begins the day after the consumer, or a representative designated by the consumer and communicated to the entrepreneur, receives the product.

  2. During the cooling-off period, the consumer must handle the product and packaging with care. The consumer may only unpack or use the product to the extent necessary to determine if they wish to keep it. If the consumer exercises their right of withdrawal, they must return the product with all supplied accessories and, if reasonably possible, in the original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur.

  3. If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receiving the product. The consumer must notify the entrepreneur in writing, via letter or email. After notification, the consumer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example, with a proof of shipment.

  4. If the consumer has not expressed their intention to exercise their right of withdrawal within the deadlines specified, the purchase is final


Article 7 – Costs in Case of Withdrawal

  1. If the consumer exercises their right of withdrawal, the consumer bears the cost of returning the product.

  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal has been exercised. The refund is conditional upon the product being received by the entrepreneur or upon proof that the product has been returned.


Article 8 – Exclusion of Right of Withdrawal

  1. The entrepreneur may exclude the consumer's right of withdrawal for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the agreement.

  2. Exclusion of the right of withdrawal is only possible for products:

    • That have been produced according to the consumer's specifications;
    • That are clearly personal in nature;
    • That, by their nature, cannot be returned;
    • That are subject to rapid deterioration or expiration;
    • Whose price depends on fluctuations in the financial market that the entrepreneur cannot influence;
    • For individual copies of newspapers and magazines;
    • For audio and video recordings and computer software whose seal has been broken by the consumer;
    • For hygiene products whose seal has been broken by the consumer.
  3. Exclusion of the right of withdrawal is only possible for services:

    • Relating to accommodation, transport, catering, or leisure activities to be carried out on a specific date or during a specific period;
    • Whose delivery has begun with the consumer's explicit consent before the cooling-off period has expired;
    • Related to betting and lotteries.

Article 9 – Prices

  1. During the validity period specified in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

  2. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and which the entrepreneur cannot influence, with variable prices. This link to fluctuations and the fact that stated prices are target prices will be mentioned in the offer.

  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

  4. Price increases after 3 months are only permitted if the entrepreneur has agreed to this and:

    • They are the result of statutory regulations or provisions; or
    • The consumer has the right to terminate the agreement as of the day the price increase takes effect.
  5. The prices mentioned in the offer of products or services include VAT.

  6. All prices are subject to typographical and printing errors. The entrepreneur is not liable for the consequences of typographical and printing errors. In the event of typographical and printing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.


Article 10 – Conformity and Warranty

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and usability, and the statutory provisions and/or regulations in force at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

  2. Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's legal rights and claims under the agreement.

  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.

  4. The entrepreneur's warranty period corresponds to the manufacturer’s warranty period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

  5. The warranty does not apply if:

    • The consumer has repaired and/or modified the delivered products or had them repaired and/or modified by third parties;
    • The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur's instructions and/or the packaging;
    • The defect is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

  1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

  2. The place of delivery is the address that the consumer has provided to the entrepreneur.

  3. Subject to what is stated in Article 4 of these terms and conditions, the entrepreneur will execute accepted orders promptly but no later than 30 days, unless a longer delivery period has been agreed upon with the consumer. If the delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will be informed no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement free of charge and is entitled to any compensation.

  4. After termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

  5. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement product. At the latest upon delivery, it will be clearly communicated that a replacement product is being delivered. For replacement products, the right of withdrawal cannot be excluded. The cost of any return shipment is borne by the entrepreneur.

  6. The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a representative designated and announced to the entrepreneur, unless otherwise expressly agreed.


Article 12 – Long-term Transactions: Duration, Termination, and Renewal

Termination:

  1. The consumer may terminate an agreement that has been concluded for an indefinite period and that involves the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

  2. The consumer may terminate an agreement that has been concluded for a fixed period and that involves the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

  3. The consumer may terminate agreements as described in the previous paragraphs:

    • At any time and not be restricted to termination at a specific time or during a specific period;
    • In the same manner as the agreements were concluded; and
    • Always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal:

  1. An agreement that has been concluded for a fixed period and that involves the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed term.

  2. In deviation from the previous paragraph, an agreement that has been concluded for a fixed period and that involves the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed term of up to three months if the consumer can terminate this extended agreement at the end of the extension period with a notice period of no more than one month.

  3. An agreement that has been concluded for a fixed period and that involves the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month, or three months if the agreement involves the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.

  4. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscriptions) is not automatically renewed and ends automatically after the trial or introductory period.

Duration:

  1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise.

Article 13 – Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 business days after the cooling-off period commences as outlined in Article 6, paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.

  2. The consumer is obliged to immediately report any inaccuracies in payment details provided or specified to the entrepreneur.

  3. In the event of non-payment by the consumer, the entrepreneur has the right to charge reasonable costs, provided the consumer has been informed of this in advance.


Article 14 – Complaints Procedure

  1. Complaints about the implementation of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.

  2. Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with an acknowledgment and an indication of when the consumer can expect a more detailed response.

  3. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to dispute resolution.

  4. A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.

  5. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.


Article 15 – Disputes

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Swedish law, even if the consumer resides abroad.

Article 16 – Additional or Deviating Provisions

  1. Additional provisions or provisions that deviate from these general terms and conditions must not disadvantage the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.

Article 17 – Amendments to the General Terms and Conditions

  1. Amendments to these terms and conditions will only take effect after they have been published in an appropriate manner, provided that in the case of applicable amendments during the term of an offer, the provision most favorable to the consumer will prevail.

Canterfim Limited
Office 3906, 39th Floor, The Center
99 Queen's Road Central, Central,
Hong Kong
Company No. 78364646