TERMS & CONDITIONS
CONDITIONS & TERMS
1.1 These conditions of use and sale shall apply for the website access and the sale of products by Story of Pearls on this website https://www.storyofpearls.com (the “Conditions of Use and Sale”).
2.1 “Agreement” means these Conditions of Use and Sale.
2.2 “Customer” means the party ordering Products on the Website.
2.3 “Story of Pearls” means Story of Pearls with reg. no. 870615-0821, Kungsgatan 78 LGH 1501, 112 27 Stockholm which is the supplier of the Products provided on the Website.
2.4 “Product(s)” means the products provided for sale on the Website and supplied by Story of Pearls.
2.5 ”Order” means each order placed by the Customer on the Website.
2.6 “Website” means Story of Pearls’ website https://www.storyofpearls.com
- CONFIRMATION AND REGISTRATION
3.1 In order to purchase Products on Story of Pearls’ Website the Customer must confirm his or her acceptance of all terms and conditions of this agreement by register for an account or by entering information on the chekout-page when doing a purchase.
3.2 The Customer accepts the Conditions of Use and Sale by register for an account or by entering information on the check-out page when doing a purchase.
3.3 The confirmation of the Conditions of Use and Sale and the registration for an account on the Website result in a binding agreement between the Customer and Story of Pearls (the “Agreement”) which will come into force in accordance with what is specified in these Conditions of Use and Sale.
3.4 An individual may not purchase Products on the Website, and may not accept the Conditions of Use and Sale (a) if the individual is under 18 years old and therefore not able to enter into a binding agreement with Story of Pearls, or (b) the individual is prevented from receiving the Products or using the Website under applicable legislation applying in the country where the Customer is residing, or from which he or she is using the Website.
4.1 The Customer’s user name and password are secret information. The Customer is entirely responsible for keeping and using his or her user name and password in an adequate manner to maintain the confidentiality of these details so that no unauthorized person can gain access to these details.
4.2 The Customer affirms that the information he or she supplies to Story of Pearls is correct and up to date. The Customer also takes responsibility for updating this information as necessary.
4.3 The Customer must immediately report to Story of Pearls, by e-mail to email@example.com if there is any suspicion that an unauthorized person knows the Customer’s login information. The Customer is liable for immediately changing his or her password if it is lost, or if the Customer becomes aware that another person knows the Customer’s login information. The Customer is responsible for every unauthorized use caused by the unauthorized person’s actions in case of misuse.
- DATA PROTECTION
5.1 Story of Pearls safeguards the Customer’s personal integrity and maintains high-security standards in order to prevent infringement by unauthorized persons. When registering and using the Website to order Products, the Customer may be asked to provide certain data about himself/herself, such as name, user name, e-mail address, telephone number, postal address, etc. Such information about the Customer is private and confidential. Story of Pearls will not disclose this information to any unauthorized person. Story of Pearls may, however, disclose data to authorities if there is suspicion of a criminal offense being committed or as otherwise required by law.
5.2 Story of Pearls will handle the personal data provided by the Customer in accordance with the Swedish Personal Data Act (1998:204). Story of Pearls will use and manage the personal data for the following purposes: a) for the supply of the Products and the administration of the Orders; b) for quality control work, analysis and development of the Products; c) for marketing purposes aimed at the Customer or for offers made to the Customer which fit in with Story of Pearls’ Products, or products or services supplied or marketed by Story of Pearls’ partners; d) for publishing statistics about the Products; and e) for the fulfillment of obligations laid down in law or the directives of public authorities.
5.3 Story of Pearls is the legal entity acting as the personal data controller for the Customer’s personal data. The Customer has the right, on a year by year basis and upon written request to Story of Pearls, to obtain information on which personal data about the Customer Story of Pearls is handling. The Customer also has the right to demand that incorrect data are corrected, blocked or erased. The Customer may also notify Story of Pearls, in writing, at any time, that the Customer does not wish to receive direct marketing in the form of advertisements.
6.1 Story of Pearls uses “cookies” to optimize the functions of the Website and to adjust it to the Customer’s demands. A cookie is a text file that is either temporarily stored in the Customer’s computer memory (a “session cookie”) or placed on the Customer’s hard drive (a “persistent cookie”) by a web page server. Cookies are not used to run programmes or deliver viruses to the computer.
6.2 Cookies are uniquely assigned to the Customer and the Customer’s computer and can only be read by a web server in the domain that issued the cookie. The purpose of a cookie is to tell the web server that you have returned to a specific page. When the Customer returns to Story of Pearls’ Website, cookies enable us to retrieve the information the Customer previously provided, so the Customer can easily use the features that he or she customized. For example, if the Customer registers for a purchase, a cookie helps Story of Pearls to recall the Customer’s specific information (such as user name, password, and preferences).
- ORDER AND ORDER CONFIRMATION
7.1 All sale and purchase under this Agreement shall be referred to as an “Order”. An Order is accepted only under the terms of these Conditions of Use and Sale.
7.2 The Customer will place an Order on the Website by adding the Product(s) to the “Shopping bag” and then choose the payment method. The Customer must also enter his/her personal and delivery information, and choose the delivery method. To confirm the purchase the customer has to approve the terms of purchase and then confirm Order.
7.3 When the Order has been placed the Customer will receive an “Order Confirmation” via e-mail. The Order Confirmation will include all details of the Product(s), price(s) of the Product(s) including VAT (for shipment within the European Union) and any other fees, delivery date(s), delivery costs, terms for payment, information regarding the Customer’s right to cancel within the grace period (as set forth in Section 14), applicable warranties and other services provided by Story of Pearls, and the terms to cancel the Order. Story of Pearls does not ship to countries outside of European Union at current stage.
8.1 Delivery of the Products will normally take place within such time period from time to time disposed of by Story of Pearls for the relevant Product unless otherwise agreed or set out in the Order Confirmation, and will be delivered to the Customer by registered mail. (the “Delivery”). Story of Pearls reserves the right to possibly adjust the delivery time.
8.2 For orders with Delivery within Sweden, we offer free delivery for orders over & including 990 SEK and a fixed rate of 50 SEK for orders under 990 SEK. For orders with Delivery within the EU, we offer free delivery for orders over & including 1290 SEK and a fixed rate of 90 SEK for orders under 1290 SEK. Story of Pearls does not ship to countries outside of European Union at current stage. Story of Pearls reserves the right to adjust these freight rates in accordance with price increases occurring during the period between the day when the Order was placed and the day of Delivery.
8.3 If the package is not picked up, the Customer will be charged 350 SEK for freight and handling costs. This fee will be invoiced afterwards.
8.4 The risk for the Product passes to the Customer when the Delivery is made in accordance with Section 8.1 above.
9.1 Delay on behalf of Story of Pearls exists if the Product(s) is/are not delivered or not delivered on time and the delay was not caused by the Customer, other causes for which the Customer is not liable, or force majeure.
9.2 Upon delay, the Customer is entitled to withhold payment and claim performance of the Order or, if the delay is of major importance to the Customer, cancel the Order.
- LIABILITY FOR DEFECTS
10.1 A Product is defective if the Product deviates from what is set forth in the Order or in any respect deviates from the Customer’s legitimate expectations based upon information provided by Story of Pearls. Unless otherwise provided for in this Agreement, the Products shall be fit for the purpose for which products of a similar kind are generally used, and possess the characteristics which Story of Pearls has referred to on https://www.storyofpearls.com.
10.2 The Product shall also be deemed to be defective if Story of Pearls, prior to the sale, failed to inform the Customer of a matter relating to the characteristics or use of the Product of which Story of Pearls was aware or should have been aware, and about which the Customer could reasonably expect to be informed, provided that such failure can be presumed to have influenced the purchase.
10.3 If a Product is defective the Customer has the right to claim repair, re-delivery, price reduction or compensation to rectify the defect, withhold payment, or, if the defect is of major importance to the Customer, cancel the Order.
10.4 Story of Pearls has primarily the right to offer repair or re-delivery if it can be made within a reasonable time and without any additional costs for the Customer.
10.5 Story of Pearls is only responsible for original defects, which means that the defect existed prior to the time the Product was purchased or delivered. Within a limit of six (6) months, the defective Product is considered to be an original defect, which must be remedied by Story of Pearls free of charge unless Story of Pearls can prove that the defect was not present at the time of the sale. After six (6) months period, the Customer must prove that the Product had the original defect at the Delivery.
- COMPLAINTS AND DEFECTIVE PRODUCT
11.1 The Customer must make a complaint of the defective Product to Story of Pearls within a reasonable time after the defect was discovered.
11.2 The Customer must notify Story of Pearls, orally or in writing, and explain why he or she considers the Product to be defective. If the complaint is made within two (2) months after the defect was discovered it is always made on due date. After three (3) years the Customer has lost his/her right to make a complaint, provided that no warranty states otherwise.
11.3 For all returns, a return template has to be filled in and be sent with the defective Product. All returns have to be sent to Story of Pearls by traceable shipping.
11.4 Story of Pearls will bear the return costs if the Product(s) is/are defective or wrongly delivered.
11.5 If repair or re-delivery is not made within a reasonable time after the complaint was made, the Customer has the right to claim a price reduction or to cancel the purchase of the relevant Product.
11.6 The right to cancel is exercised by sending an e-mail to firstname.lastname@example.org. Upon cancellation of the purchase of the relevant Product, the Customer shall return the Product in accordance with the return procedure stated in Section 11.3 above.
12.1 The price(s) of the Product(s) is/are stated in the Order Confirmation.
12.2 Prices in the Order Confirmation includes applicable VAT (presently 25 %) and any other taxes if delivered to countries within the European Union. Prices include VAT even applicable for delivery to Norway. Delivery costs and potential C.O.D fees are not included and will be added, and paid by the Customer.
12.3 The prices stated on the Website and in each Order Confirmation are given with reservation for increased supplier prices, printing errors, any incorrectly stated specifications and also for clearance sales.
13.1 The Customer will pay the prices at the times stated in each Order Confirmation referred to under Section 7.3 and Section 12 above.
13.2 The payment can be made with credit card or against an invoice. Invoicing is only possible for Customers in countries where Klara Checkout is available. The invoice is administrated and owned by Klarna AB who is the recipient of the payment. For an overview over countries where Klarna Checkout is available, please see www.klarna.se
13.3 The payment shall be made within fourteen (14) days from the invoice date in case of credit payment. In the case of credit card payment, the due amount will be drawn immediately.
13.4 In the event of late payment, penalty interest shall be payable according to Klarna’s penalty interest policy for late payment.
13.5 The Product(s) shall remain the property of Story of Pearls until full payment has been made.
- RIGHT TO CANCEL & RETURN WITHIN THE GRACE PERIOD
14.1 The Customer has the right under the Distant Sales to cancel & return the Order within fourteen (14) days from the day that the Customer received the Product (the “Grace Period”). If the Grace Period does not include seven (7) working days, the Customer will always have seven (7) working days in which to cancel & return the Order. Working days are regarded to be all days of the year apart from Saturdays, Sundays, other public holidays, Midsummer’s Eve, Christmas Eve and New Year’s Eve.
14.2 The Grace Period is counted from the day on which the Customer received the Product. However, the Grace Period is counted, at the earliest, from the day in which the Customer received the information provided in the Order Confirmation as set out in Section 7.3. The right to cancel & return laps if the Customer has begun to use the Product(s) during the Grace Period and/or removed the seal from the Product(s).
14.3 The right to cancel & return is exercised by filling in a return template from Story of Pearls and sending the return template together with the Product(s) to Story of Pearls by traceable shipping.
14.4 If the Order is canceled & returned within the Grace Period any fee the Customer may have paid for the Product will be refunded by Story of Pearls within thirty (30) days from the day that Story of Pearls received the returned Product.
15.1 If the customer wants to exchange to another product it will be treated as a cancellation of the Order, see Section 14 and placing of a new Order, see Section 7.
16.1 Communication between the Customer and Story of Pearls, and vice versa occurs via e-mail or ordinary mail as follows:
Story of Pearls
Story of Pearls
SE-112 27 Stockholm
E-mail, phone number, and address: as per the latest details are given to Story of Pearls.
- FORCE MAJEURE
17.1 Story of Pearls shall relieve from liability for a failure to perform any of its obligations due to any circumstance which impedes, delays, or aggravates any obligation to be fulfilled under this Agreement, such as acts or omissions of authorities, new or changed legislation, conflict on the labour market, blockade, fire, flood, shortage of transport means, goods or energy or major accidents as well as defects or delay related to deliveries from sub-contractors caused by such circumstances (“Force Majeure”).
17.2 When Story of Pearls desires to invoke an event of Force Majeure Story of Pearls shall notify the Customer thereof without unreasonable delay.
17.3 Notwithstanding Section 16 above and without limiting the Customer’s rights under Section 9, the Customer is entitled to terminate this Agreement with immediate effect by notifying Story of Pearls if the fulfillment of any material obligation under this Agreement should be delayed due to a Force Majeure event by more than three (3) months.
- ALTERATION AND AMENDMENTS TO THE CONDITIONS OF USE AND SALE
18.1 Story of Pearls reserves the right to make changes to the Conditions of Use and Sale from time to time. If any changes are made to the Conditions of Use and Sale, Story of Pearls will make available a new copy of the Conditions of Use and Sale on https://www.storyofpearls.com
18.2 However, Story of Pearls retains, at all times, the right to undertake changes and measures, immediately and without prior information, by reason of legislation, or the guidance or directives of public authorities.
18.3 Any amendments to or modifications of the Conditions of Use and Sale will be made in writing and Story of Pearls will make available a new copy of the Conditions of Use and Sale on https://www.storyofpearls.com
- ENTIRE AGREEMENT
19.1 These Conditions of Use and Sale constitute the whole agreement between the Customer and Story of Pearls and shall govern the Customer’s purchase of the Product(s).
- APPLICABLE LAW AND DISPUTES
20.1 Swedish law shall apply for this Agreement, without regard to its principles of conflicts of laws.
20.2 Any disputes shall be determined either by a Swedish court of general jurisdiction or in the courts of the country where the Customer is domiciled.