Terms of Sale
- TERMS OF SALE
1.1 What these terms cover. These terms of sale ("Terms of Sale") apply to you as a consumer (i.e. a natural person acting primarily for purposes which are not business related). You will always, before placing an order, be obliged to accept these Terms of Sale. The current applicable Terms of Sale will be available on the Site. When ordering, the Terms of Sale will also be attached to a confirmation email.
1.2 Why you should read them. Please read these Terms of Sale carefully before you submit your order to us. These Terms of Sale tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms of Sale, please contact us to discuss.
- INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Universal Sony Pictures Home Entertainment Nordic AB (“Universal Sony” or “we” or “our” or “us”) a company incorporated in Stockholm, Sweden. Our company number is 556928-2949. Our registered address is Universal Sony Pictures Home Entertainment Nordic AB, Po Box 605, SE-169 26 Solna, Sweden.
2.2 How to contact us. You can contact us by telephoning our customer service team at +46(0)8 629 68 30 or by writing to us at firstname.lastname@example.org or Film Sensation, c/o Universal Sony Pictures Home Entertainment Nordic AB, Po Box 605, SE-169 26 Solna, Sweden. The language to be used in documentation and in contacts between us will be English.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes email messages. When we use the words "writing" or "written" in these terms, this includes email messages.
- OUR CONTRACT WITH YOU
3.1 Who you are. You are a consumer and you do not act for purposes which are business related, as defined above. You are also older than 18 years of age.
3.2 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, because we are unable to meet a delivery deadline you have specified or for other reasons.
3.4 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.5 We only sell to Sweden, Denmark, Finland and Norway. Our website is solely for the promotion of our products in Sweden, Denmark, Finland and Norway. Unfortunately, we do not accept orders from or deliver to addresses outside of Sweden, Denmark, Finland and Norway.
- OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown on images on our website.
4.3 Making sure your measurements are accurate. Please check your measurements using our sizing guide to ensure you order the correct sizes of any apparel.
- PROVIDING THE PRODUCTS
5.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
5.2 When we will provide the products. We will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
5.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and receive a refund for any products you have paid for but not received.
5.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery (for couriered goods only) or collect the products from a local depot or sorting office (as applicable).
5.5 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
5.6 When you become responsible for the product. The product will be your responsibility from the time we have fulfilled our delivery of the product to the address you gave us.
5.7 Reasons we may suspend the supply of products to you. We may in certain cases have to suspend the supply of a product to you. This may occur as a result of:
(a) our wish to deal with technical problems or make minor technical changes; or
(b) our obligation to update the product to reflect changes in relevant laws and regulatory requirements; or
(c) any other circumstance that is outside of our control and that might materially change the conditions of the agreement or the supply of the product.
- YOUR RIGHTS TO END THE CONTRACT
6.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract. The termination grounds are the following:
(a) Fault in product or incorrect description of the product. If what you have bought is faulty or incorrectly described, you have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back) provided that you provide us with notice hereof as soon as possible, see clause 8;
(b) Our default. If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2;
(c) If you change your mind. If you have just changed your mind about the product, see clause 6.3 and 6.4.
6.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
6.3 Exercising your right to change your mind. When you buy a product off the internet, the Swedish Distance and Off Premises Act (2005: 59) will apply. In these cases you have the right to change your mind and withdraw from the agreement without giving any specific reasons provided that you notify us of your decision to terminate the agreement within 14 days after you, or someone you appointed, received the product. If an order is delivered at different times, the withdrawal period starts from the date you receive the last part of the order. The right to change your mind means that you withdraw from the agreement and that all delivered products shall be shipped back to us at your expense. Exemptions from the right to change your mind can be found in section 6.5. Please note that you are responsible for any diminished value resulting from the handling of the product other than what is necessary to establish the nature, characteristics and function of the product.
6.4 Our goodwill guarantee. We offer our customers a special goodwill guarantee, which is more generous than your legal rights under the Distance and Off Premises Contracts Act since we offer you a 28 day period (instead of 14 days) to change your mind. Please note that this goodwill guarantee does not affect your legal rights in relation to faulty or incorrectly described products, nor do they in any way limit your right to change your mind due to the rights granted under the Distance and Off Premises Contracts Act.
6.5 When you don't have the right to change your mind. Notwithstanding clause 6.3 and 6.4 above, please note that you have not a right to change your mind in respect of:
(a) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(b) sealed audio or sealed video recordings or sealed computer software, once the seal has been broken by you;
(c) products which, after delivery, by their nature, are such that they are mixed with other items so that the items cannot be separated;
(d) any products that relate to digital content which is supplied other than on a tangible medium, where you have expressly consented to delivery in such manner and have acknowledged that there is no right of withdrawal; and
(e) products that relate to individual issues of a newspaper or magazine.
- HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
7.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on +46(0)8 629 68 30 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the form on the Contact us page on our website or, if it concerns you exercising your right to change your mind according to the Swedish Distance and Off Premises Act, you can also use the standard form provided by the National Board for Consumer Policies which you find on http://publikationer.konsumentverket.se/sv/publikationer/regler/2angerblankett.html.
(c) By post. Write to us as this address: Film Sensation, c/o Universal Sony Pictures Home Entertainment Nordic AB, Po Box 605, SE-169 26 Solna, Sweden.
7.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us by post. Please call customer services on +46(0)8 629 68 30 or email us at firstname.lastname@example.org to arrange the return. If you are exercising your right to change your mind you must send off the goods within 28 days of telling us you wish to end the contract.
7.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or incorrectly described;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these Terms of Sale, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all circumstances other than those described above under clause 7.3 (a) and (b), including where you are exercising your right to change your mind, you must pay the costs of return.
7.4 How we will refund you. We will refund you the price you paid for the products including delivery costs (if applicable according to clause 7.3), by the method you used for payment. However, we may make deductions from the price, as described below.
7.5 Deductions from refunds. If you are exercising your right to change your mind and there is no default in the product, the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
7.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then if the products are goods, your refund will be made within 14 days from (i) the day on which we receive the product back from you or, if earlier, (ii) the day on which you provide us with evidence that you have sent the product back to us.
- IF THERE IS A PROBLEM WITH THE PRODUCT
8.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at +46(0)8 629 68 30 or write to us at email@example.com or Film Sensation, c/o Universal Sony Pictures Home Entertainment Nordic AB, Po Box 605, SE-169 26 Solna, Sweden.
8.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on +46(0)8 629 68 30 or email us at firstname.lastname@example.org for a return label or to arrange collection.
- OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due; or
(b) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
10.1 We are responsible to you for loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
10.2 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- PRICE AND PAYMENT
11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. Prices will be displayed in local currency (Danish crowns, Norwegian Krone, Swedish crowns and Euro) depending on the country you have chosen on the homepage, inclusive of VAT, unless expressly stated otherwise but are subject to availability. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect. If a change in the rate of VAT increases the price of the product by more than 20%, then you may be able to cancel the original order.
11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated on the Film Sensation website at the time you place your order, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
11.4 When you must pay and how you must pay. We accept payment by most major credit and debit cards or by Paypal, please see further instructions on our website. Payment for the products must be made before we dispatch them. Before ordering, you will be reminded that the purchase implies an obligation for payment.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
- OTHER IMPORTANT TERMS
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
13.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
13.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
13.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Swedish law. Disputes should primarily be resolved by an agreement. If such an agreement is not possible, the dispute shall be dealt with in court under Swedish law. You can also contact the National Board for Consumer Complaints to have this dispute heard, Po Box 174, SE-101 23 Stockholm, www.arn.se. We participate in the dispute resolution procedure and follow ARN's recommendations. Additionally, you can turn to the European Commission http://ec.europa.eu/odr.