General Purchasing Terms and Conditions
1.1 These General Purchasing Terms and Conditions (“TERMS AND CONDITIONS”) shall apply to all purchases of Product and Services from Sävås Europe AB, VATno:SE556994-137901 (“SAVAS MILANO”), under any Purchase, purchase order or the like, between CUSTOMERS and SAVAS MILANO (“PURCHASE”). These Terms and Conditions constitute an integral part of any PURCHASE, whether or not referenced therein and whether or not SAVAS MILANO has confirmed a purchase order with reference to the terms and conditions. Modifications to or deviations from these Terms and Conditions shall be void unless evidenced by a written agreement.
1.2 “Product” means Product and parts, components, and accessories, materials and other Product purchased by THE CUSTOMER from SAVAS MILANO.
1.3 “Services” means design, assembly, consulting, and other services provided by SAVAS MILANO to THE CUSTOMER. What is stated in these Terms and Conditions regarding Product shall also apply to Services.
1.4 Before ordering, THE CUSTOMER should read through the TERMS AND CONDITIONS.
1.5 By purchasing a product from SAVAS MILANO, THE CUSTOMER accepts these TERMS AND CONDITIONS.
2.1 A binding Purchase for the sale and purchase of the Product shall be considered made upon when:
1.1.1. SAVAS MILANO have received a purchase order from THE CUSTOMER, AND;
1.1.2. Send THE CUSTOMER a written confirmation of a purchase order (“ORDER CONFIRMATION”), stating the price, method of payment, Product and other relevant information.
2.2 Orders are subject to acceptance by SAVAS MILANO and availability of ordered product. Product presented on the website can change without notice.
2.3 A CUSTOMER may not Purchase any Product from SAVAS MILANO if he or she is under the age of 18 years old.
3. RIGHT TO CANCEL
3.1 According to swedish regulations (sw: Lag (2005:59) om distansavtal och avtal utanför affärslokaler) THE CUSTOMER has the right to cancel the order within fourteen (14) days from the day the product was delivered (sw:Ångerfrist).
3.2 This right to cancel is exercised by the return of the product by registered mail, at THE CUSTOMERS expence.
3.3 If the Purchase is canceled in accordance to 3.1. SAVAS MILANO will refund THE CUSTOMER what he or she has already paid regarding the product as stated on the ORDER CONFIRMATION. The refund will be paid within 14 days of SAVAS MILANO receiving the returned item.
3.4 For return the customer is obliged to keep the product in the same condition as when delivered, it must nor have been used. If the product is damaged or harmed, the item cannot be returned.
4. DELIVERY, TITLE AND PASSING OF RISK
4.1 All Product shall be prepared, packed, stored and marked suitably for shipment so as to secure safe delivery and protect the quality of the Product.
4.2 The risk of the Product shall transfer from SAVAS MILANO to THE CUSTOMER upon delivery of the Product.
4.3 THE CUSTOMER may request that delivery shall be made to a recipient other than THE CUSTOMER, as per the instructions by THE CUSTOMER.
4.4 Purchasing a Product from outside of Sweden may constitute payment of custom duties and extra delivery costs, wich are not included in the price. When applicable the customer will be advised about extra delivery cost. Custom duties shall be paid by THE CUSTOMER to relevant custom authority.
5. TIME FOR DELIVERY, DELAY
5.1 The Product shall be delivered within 3-5 business days or on a delivery date specified in the ORDER CONFIRMATION. If the product is not delivered at the agreed time for delivery, it is DELAYED.
5.2 If SAVAS MILANO anticipates that it will not be able to deliver the Product at the agreed time for delivery, SAVAS MILANO shall notify THE CUSTOMER thereof, stating the reason for the delay and when delivery can be expected.
5.3 Upon delay, the customer is entitled to withhold payment and claim performance of the order.
5.4 If delay in delivery is caused by the product being unavailable, currently out of stock or any other similar circumstance the time for delivery shall be extended by a reasonable period of time.
5.5 If the delay in delivery is of major importance to THE CUSTOMER, then THE CUSTOMER may by notice in writing to SAVAS MILANO terminate all or part of the Purchase. If THE CUSTOMER terminates the Purchase, any payment already completed regarding the terminated purchase will be refunded to THE CUSTOMER.
5.6 If THE CUSTOMER fails to accept delivery at the agreed delivery date, THE CUSTOMER is responsible for any additional costs that arises.
6. PRICE AND PAYMENT
6.1 The price for the Product is stated in the Order Confirmation and includes taxes, fees and shipping. SAVAS MILANO reserves the right to adjust prices due to change of circumstances including, but not limited to, increased shipping costs, foreign exchange rate changes, increases in materials costs, inflation, increases manufacturing costs, printing errors, and incorrect stated specifications.
6.2 Payments for the Product can be made with credit card or invoice. Payment from credit card is drawn immediately. Invoices shall be paid within forteen (14) days following the date of the invoice, unless otherwise stated on the invoice. SAVAS MILANO may not invoice THE CUSTOMER until after physical delivery of the Product. Payment shall be made in the currency stated in the Purchase. If no currency is stated, THE CUSTOMER shall make payment in SEK.
6.3 THE CUSTOMER is entitled to withhold payment of the purchase price in the event SAVAS MILANO has breached any of its obligations under the Purchase or these Terms and Conditions. Payment will not constitute acceptance of any Defect in the Product or nonconforming Product, nor shall it limit or affect any of THE CUSTOMER’s rights or remedies.
7. WARRANTY AND LIABILITY FOR DEFECTS
7.1 SAVAS MILANO warrants that the Product shall be free from all Defects during the Warranty Period. A Product shall be considered to have a Defect if it:
(a) deviates from specifications in the ORDER CONFIRMATION, statements, samples or other descriptions relating to the Product;
(b) does not comply with all applicable laws and regulations of the countries in which the Product are sold;
(c) is not free from defects in design, materials and workmanship;
(d) deviates from THE CUSTOMERS legitimate expectations based upon information about the product from SAVAS MILANO.
The defects described above are herein referred to as “Defects”.
7.2 THE CUSTOMER shall notify SAVAS MILANO in writing of any Defect. The notice shall contain a description of the Defect.
7.3 THE CUSTOMER shall notify SAVAS MILANO within reasonable time after the defect was discovered, if SAVAS MILANO is notified about the complaint within two months after delivery, it is always made on due date. After three years the customer has lost its right to a claim due to a defect.
SAVAS MILANO’s warranty shall not cover Defects caused by normal wear and tear, inadequate maintenance, faulty repair after delivery or failure to observe the instructions provided.
7.4 If product is defective, THE CUSTOMER can:
a) return the product to SAVAS MILAN and claim repair or redelivery,
– SAVAS MILANO has the right to primarily offer repair or re-delivery if it can be made within reasonable time and without any additional costs for THE CUSTOMER.
– if after the product is returned, the product is not repaired or redelivered within a reasonable amount of time, THE CUSTOMER can terminate the purchase.
b) If repair or re-delivery is not possible the customer can retain the product and claim price reduction or compensation to rectify the defect themself.
7.5 SAVAS MILANO will only bear return costs if the product is defect, or the wrong product is delivered.
8. FORCE MAJEURE
8.1 Either party shall be entitled to suspend performance of its obligations to the extent that such performance is impeded or made unreasonably onerous by any circumstance beyond the control of the parties and that could not be foreseen at the formation of the Purchase, such as fire, war, extensive military mobilization, insurrection, requisition, seizure, embargo and defects or delays in deliveries by sub-Purchaseors caused by any such circumstance referred to in this Section 13.1 (“Force Majeure”).
8.2 A party may invoke a Force Majeure event only if it has notified the other party in writing without delay of the occurrence and potential effects of the event. A party shall also without delay inform the other party of the end of such event.
8.3 Either party shall be entitled to terminate the Purchase by notice in writing to the other party if performance of the Purchase is suspended due to Force Majeur.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 Any and all intellectual property rights used or embodied in or used in connection with the Product, included but not limited to patents, patent applications, trademarks, know-how and drawings are the sole property of SAVAS MILANO. Any violations will be denounced.
10. APPLICABLE LAW
10.1 All disputes arising out of or in connection to the Purchase will be settled according to Swedish law.