These Terms & Conditions (“Terms”) set out the (i) terms of use of the products (“Products”) and services (“Services) of Amandel Ltd (“Company”, “we,” “our,” or “us”) and (ii) terms of order and delivery of the Products and Services from or by us via our websites (“Websites”) or otherwise. The Products can also be made available to you by our resellers when these Terms shall apply only to the use of the Products not on order, sale or delivery of such Products by the reseller. You accept these terms by using the Product or Services or by placing an order to us. If you do not agree to these Terms, do not use the Product or Services or place an order regarding the Products or Services.
1. YOUR ORDER
1.1 Your order for a Product or Services made to us in any form is an offer to buy from us.
1.2 There will be no contract of any kind between you and us unless and until we dispatch the Product to you or accept your order for the Services.
1.3 If you have any problems placing your order or think that you have made a mistake in your order, please contact [info@shivers.fi, +358 50 3869359].
1.4 The Products which you purchase may be delivered to you by post. Purchases of Products via the Websites are also subject to our general website Terms of Use.
2. PRICES
2.1 The prices payable for the Products or Services that you order are clearly set out on the applicable Websites or otherwise stated to you. Unless otherwise stated all prices are expressed exclusive of any VAT payable.
2.2 If you order the Products or Services, the price does not include the delivery charge, which will depend on the delivery method you choose. The rate applicable for the delivery charge will be calculated at the date you place your order.
2.3 The prices for the Products that you purchase from our reseller are set by the respective reseller.
3. PAYMENT
3.1 Unless specifically otherwise agreed you will be charged for the Products and Services at the time of placing your order. In case we accept invoicing the payment term shall be seven (7) days from the date of the invoice.
3.2 Your payment will be taken and processed as separately agreed or informed on the Website.
3.3 Payment of the Products sold by our resellers are made to the reseller as instructed by them.
3.4 In collaboration with Collector Bank AB, we offer invoice and partial payment options. When you select this payment method, you receive the goods ordered before you pay. You can then choose to pay your invoice in full or split the payment into smaller instalments by paying at least the minimum amount stated on the invoice before the due date. In order to partially pay your invoice, you will be required to sign a credit agreement with Collector Bank through oma.collector.fi. When you select invoice as the payment method, delivery can only be made to your registered address and you must be at least 18 years of age to place an order. A minor credit check is carried out at the time of purchase, which in some cases requires further credit information. An invoice fee of 2,95€ is added to the invoice. For partial payments, a monthly interest rate of 1,6% and a notification fee of 2,95€ applies. You can pay the invoice amount in full or break up the payment into smaller instalments over a period of 1-36 months. You also have the option of paying a higher amount than the lowest amount stated on the invoice. In the event of delayed or missed payments, a penalty fee and penalty interest is charged. For full terms and conditions for Collector’s invoice and partial payment options, please visit the links below: https://www.collector.se/upload/Partners/Agreements/SVM/SECCI_EN.pdf
4. DELIVERY OF PRODUCTS
4.1 Ownership of a physical Product delivered by us to you will pass immediately upon full payment of the Product by you.
4.2 Delivery of a Product by us will be made to the address specified by you when you complete your order. If you don’t receive the Product, please contact our customer service www.shivers.fi.
4.3 We will contact you to let you know if we are having problems getting a Product to you within 90 days from your order and you can choose to be reimbursed for your order at this time, including the delivery charge.
4.4 We are not responsible in any way of the delivery of the Products sold by our resellers.
5. FIRMWARE
5.1 Firmware included into the Product and developed by Company (“Firmware”) is licensed not sold. Company hereby grants to you under Company’s Intellectual Property Rights (excluding trade and service marks of Company), a limited, non–transferable except with the Product, non-exclusive, revocable right and license to use one copy of the Firmware embedded, integrated or pre-installed on the Product you have purchased.
5.2 You shall accept the terms of use by using the Product. You shall not directly or indirectly (i) copy, modify, amend, adapt, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited or limited by applicable law) the Firmware nor create or attempt to create derivative works based on the Firmware; (ii) rent, lease, loan or otherwise transfer rights to the Firmware; (iii) publicly distribute the Firmware or (iv) remove, destroy or obscure any notices or markings that are placed upon or incorporated in the Firmware and/or Product.
5.3 Except for the express grants under in this Section 5, no other rights or licenses are granted or conveyed to you whether by implication, estoppel, or otherwise.
6. WARRANTY
6.1 Material and manufacturing of the Products delivered under this Agreement will have the warranty provided to them by the original supplier and, however, at most one (1) year from the date of purchase. Receipt or a separate warranty certificate shall be the warranty certificate.
6.2 Firmware and Services are provided AS IS without any separate warranty.
6.3 ALL WARRANTIES NOT EXPRESSLY STATED HEREIN ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE PRODUCTS, SERVICES OR FIRMAWARE.
6.4 You shall inspect the Product immediately at the delivery of the Product and in case you receive a defective Product, please contact our customer service www.shivers.fi. We shall at the request of you render such assistance, advice or instruction (by telephone, e-mail, as you requests) that in our reasonable opinion would be sufficient to enable you to take the necessary corrective measures.
6.5 During the warranty period we will, at our sole discretion, either repair or replace the defective Product at our main repair center irrespective where the Product was purchased.
6.6 Warranty of the Product is in force in the country where the Product was originally marketed and sold.
6.7 The Product ordered or purchased from our reseller is returned to the reseller as instructed by them and the replacement or repair of such Product or refund of the price paid by you to the reseller is agreed with the respective reseller.
7. INTELLECTUAL PROPERTY RIGHTS AND DATA
7.1 All intellectual property rights relating to the Products, Firmware and/or Services are owned solely by us or our vendors or licensors or other third parties as applicable. All trademarks, service marks, trade names, domains, logos or other words or symbols of us or of our vendors or licensors or other third parties are and will remain the exclusive property of such rights holders, and any use by you of such trademarks and/or logos is subject to a separate agreement between you and the respective rights holders. Nothing in these Terms shall be deemed as purporting to grant any license under or immunity against the intellectual property rights or trademarks and/or logos of us or any third party.
7.2 Company shall have a free right to use and store all feedback and data, received in any manner, related to the Products, Firmware, Services and/or use of the same or Websites or stored on the Websites or delivered to the Company. Privacy Policy of the Company can be found from the Websites.
8. OUR RESPONSIBILITY TO YOU
8.1 Company shall be liable for product liability in accordance with applicable mandatory product liability laws.
8.2 If we are in breach of these Terms, we will only be responsible for any direct damages or losses that you suffer to the extent that they are a foreseeable consequence to you and us at the time you make the relevant order. We will not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.
8.3 We will not be responsible to you for any losses or damages (i) that are not directly related to the Products, Firmware, Services or us or our vendors/licensors, (ii) that are arising from the use of the Products, Firmware or Services in contradiction with the safety or other instructions or changes, repairs or replacements made by you or other person, provided that you or such other person has acted contrary to instructions contained in manuals or other documentation provided, (iii) that are caused by normal wear and tear of the Products (iv) that are arising from the processing of your payments (see paragraph 3.2 above), (v) that are accidental and occurs after the time when the risk of loss and damage has passed to you, (vi) that are arising out of breaches of warranties of which you have not notified us during the respective warranty period or (vii) that are related to the Products purchased from our reseller.
8.4 Our liability to you will not exceed the total price charged for the Product or respective Services within a twelve (12) months’ period prior to the occurrence of the damage.
8.5 Notwithstanding the foregoing of this Section 8 Company may, at your request and expense, in accordance with the Company’s standard price list available on the Website cure also deviations of the Products for which Company has no liability or responsibility. Travel, lodging and similar expenses arising out of the above mentioned Services shall added and be paid by you.
9. GENERAL
9.1 Under these Terms the Products and Services are available for end users only. A separate agreement is required for distributors, resellers, agents and such like. We reserve the right to refuse orders.
9.2 You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these Terms to another business where we reasonably believe your rights will not be affected.
9.3 If you breach these Terms and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Terms.
9.4 These Terms shall be construed and interpreted in accordance with the substantive laws of Finland, excluding its rules for choice of law and the United Nations Convention on Contracts for the International Sale of Goods. Any disputes relating to or arising in connection with this Agreement shall be finally settled in arbitration conducted under the Arbitration Rules of the International Chamber of Commerce (ICC), by one arbitrator appointed in accordance with the said Rules. The place of arbitration shall be Oulu, Finland and the language to be used in such proceedings shall be English unless both parties are Finnish. The award shall be final and binding upon the parties and enforceable in any court of competent jurisdiction. Nothing in these Terms shall be deemed to limit the right to seek interim injunctive relief or to enforce an arbitration award in any court of law.
10. CUSTOMER SERVICES
If you have any queries, please contact our customer service www.shivers.fi.