Terms and Conditions of Sale
TERMS OF SALE ON DOMETIC.COM
1 Introduction
1.1 These Terms of Sale on dometic.com (the "Terms") set out the specific terms and conditions applicable to the supply of products, including spare parts ("Products"), ordered by companies and/or consumers ("You”/”Your") from the Dometic ecommerce site on dometic.com (“Dometic Online”) for delivery in Sweden. Additional product and warranty information (including product specifications) can be found on Dometic Online's product page(s).
1.2 Company information (“Dometic”)
Dometic Sweden AB
Hemvärnsgatan 15, 6th floor
SE 171 54 Solna
Sweden
1.3 By ticking the "I agree" box in the checkout process and submitting the order, You accept and agree to be bound by these Terms. Please make sure You have read and understood the Terms before placing Your order. Other terms available on Dometic Online, such as the Terms and Conditions of Use of the Dometic website as well as the Privacy Notice, and Cookie Policy are also applicable to Your use of Dometic Online and Your order. The Terms shall prevail, as the case may be, over any other version or contradictory document.
1.4 By accepting these Terms You confirm that You are at least 18 years of age or of legal age to form a binding contract with Dometic.
1.5 The Terms may be amended from time to time without prior notice to You. The version of the Terms that will apply to Your order is the one that is available on Dometic Online at the time You place Your order.
2 Ordering Products
2.1 Products are ordered and the contract for the purchase of Products is concluded in accordance with the following process:
(i) After selecting the Products, You place the order by proceeding to the checkout. You will be guided through the checkout process by a series of instructions on Dometic Online. You agree that Your order creates a payment obligation for the ordered Products. You also agree that Your order is an offer to buy, under these Terms, the Products listed in Your order and that a binding contract between You and Dometic will be formed if and when the order is accepted by Dometic. Whilst Dometic endeavours to supply all ordered Products, please note that Dometic is free not to accept Your order for any reason, including where Products are no longer available.
(ii) You will receive an email with an order confirmation detailing the Products that You have ordered. Please store Your order number for future reference.
Upon receipt of the order confirmation, the conclusion of the contract for the purchase of the Product(s) takes place. Actual dispatch will, however, take place subject to what is set out in sections 3.1 and 3.2. If a Product that You have ordered is not in stock (including if the ordered quantity is partially not in stock), Dometic will contact You so that You can either cancel the order or, where the Product is expected to come back in stock, maintain Your order.
Once confirmed and accepted by Dometic, under the conditions described above, Your order cannot be modified unless otherwise agreed by Dometic.
Once confirmed and accepted by Dometic, under the conditions described above, Your order cannot be cancelled, apart from the exercise of Your right of withdrawal set out in section 5 or in case of force majeure.
3 Delivery
3.1 Dometic shall arrange for shipment of the Products to You by using the shipment option selected by You in the checkout process.
3.2 Shipping and delivery dates are estimates only and cannot be guaranteed. If the Products are not available within these estimated delivery times Dometic will let You know through the contact information You provided. If Products are not available in the ordered quantity, You may decide to receive such lower quantity of the Products and cancel the remaining part of Your order or cancel the Your order in its entirety.
3.3 The ownership in the Products will pass to You when the amount payable for these Products has been paid in full, regardless of the delivery date of these Products. The delivery shall be completed when Dometic delivers the Products as ordered to the address You provided. If no one is available at Your address to take delivery, reasonable measures will be used to try and effect delivery. You accept to reimburse Dometic for any additional shipment/handling costs caused as a consequence of Your failure to take delivery in accordance with the agreed terms for delivery.
4 Prices, Delivery Costs and Payment
4.1 The prices applicable to the ordered Products are specified on Dometic Online, as confirmed in the order confirmation. All prices are displayed in the local currency of Dometic Online, inclusive of VAT (where applicable) but exclusive of charges for shipping and handling (these will be added to Your merchandize and itemized before You agree to these Terms).
4.2 Although Dometic makes its best efforts to ensure that all prices on Dometic Online are accurate, errors may occur (e.g. for technical reasons, such as network failures, errors in transmission, etc.). If Dometic discovers an error in the price of Products You have ordered, Dometic will inform You as soon as possible and give You the option of reconfirming Your order at the correct price or cancelling Your order.
4.3 Available payment methods are presented for Your selection on Dometic Online in the checkout process. Your credit or debit card will be charged and the bank transfer shall be effected, respectively, upon shipment.
4.4 Through our collaboration with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"), we offer the following payment options where payment is made directly to Klarna:
- Klarna Pay Now - the money is deducted immediately when the order is sent from us.
- Klarna Pay Later - pay within 14 days. The payment period is 14 days from the invoice date and does not involve an invoice fee.
- Klarna Slice It - pay part of the order and get an account set up with Klarna.
For more information about the above payment options and Klarna´s Terms and Condition, please visit klarna.com or contact Klarna's customer service.
In order for us to be able to offer the above payment options, we need to transfer your personal, contact and order information to Klarna and their possible subcontractors. For further information, we refer to Dometic’s Privacy Notice and Klarna's privacy policy.
4.5 By submitting an order through Dometic Online, You are confirming that the payment details provided on Your order are valid and correct and that You are authorised to use the credit or debit card for the payment.
5 Right of Withdrawal for Consumers
5.1 If You order the Products in Your capacity as a consumer (pursuant to applicable consumer law), You have the right, without giving any reasons, to withdraw Your order at any time up until 30 days from Your receipt of the Product. To exercise the right of withdrawal, You receive a form together with Your order confirmation, which You can fill in and send to us (You can also find the form here). You can also inform us of Your decision to withdraw Your order by making a clear statement to Dometic in writing. To comply with the time limit You shall send the withdrawal notice to Dometic’s customer service no later than the 30th day from the receipt of the Product. You can also receive information about the return procedure from Dometic’s customer service.
5.2 Should any payments have been made, these shall promptly, at the latest within 30 days from Dometic´s receipt of Your notice of withdrawal, be repaid by Dometic. To the extent possible, Dometic will use the same payment method for the refund as You used to make the purchase. Dometic will, however, not reimburse You for costs of returning the Product to Dometic regardless of whether or not You paid any shipping costs at the time of Your purchase of the Products. You shall ensure that the Products you return have not been used in any way other than what is necessary to establish their nature, characteristics and functioning and that the Products is returned in their original packaging.
5.3 If You do not comply with Your obligations under section 5.2 and there is a loss in value to any of the returned Products, Dometic shall have the right to make a deduction from any reimbursement or refund to be made to You corresponding to the loss in value of the Product.
6 Inspection, Installation and Use
6.1 Upon taking delivery of the Product, You shall promptly inspect the Products in order to verify that the Product has not been damaged during shipment and there are no obvious defects in the Product. Any such damages or defects shall be notified to Dometic’s customer service without delay but not later than within five (5) working days of the delivery.
6.2 You are responsible for the proper installation and use of the Products that You have purchased on Dometic Online. For proper guidance, You shall always read and follow any instructions on the package for the Products and the relevant Dometic user/product manual and installation guide that are included with the Products and which can be accessed online at http://manuals.dometic.com/.
6.3 Spare parts that You have purchased on Dometic Online shall always be installed and used in accordance with the relevant Dometic user manual and installation guide for the Product into which You intend to install and use the spare parts.
7 Statutory Consumer Rights and Warranties
7.1 If You are a consumer, You have statutory rights if the Products delivered to You are not in compliance with the agreed product specifications, including these Terms, for up to three years. This means that You can make a complaint for a defective Product provided that the Product was defective at the time of Your purchase but the defect appeared later. However, Dometic shall not be responsible for any defect resulting from the events as set out in section 8.1. If You want to invoke the right to claim a defective Product, You shall notify Dometic’s customer service as soon as You discover the defect. The complaint shall be made within a reasonable time after You noticed or should have noticed the defect.
7.2 The Products may also be subject to a manufacturer warranty in accordance with the terms and conditions of the warranty card that may accompany the Product.
7.3 Except for the above and to the extent permitted by applicable law, Dometic disclaims any and all warranties whether express or implied, including but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and reliability or availability.
8 Limitation of Liability; Force Majeure
8.1 Dometic’s total liability under these Terms in relation to any individual purchase order shall be limited to the price that You have paid to Dometic in respect of that order. Dometic shall, however, not under any circumstances have any liability for indirect, special, incidental or consequential damages or losses. Dometic shall not assume any liability for claims caused by (a) inaccurate installation, assembly, mounting, maintenance, use, repair or refinement of the Products by You or third parties; or (b) use of spare parts other than original spare parts as provided by Dometic in connection with the assembly, mounting, maintenance, repair or otherwise; or (c) by normal wear and tear. In these events, You or the third party, as the case may be, shall bear all costs involved.
Please note that use, installation or maintenance of the Product(s) which is not carried out in the required manner in accordance with Dometic’s instructions or user manuals may cause personal injury and product damages.
8.2 The limitation of liability in section 8.1 shall not apply in case of fraud, willful misconduct or gross negligence on the part of Dometic. Additionally, nothing in these Terms shall in any way exclude the statutory rights for consumers.
8.3 Dometic shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms relating to events outside its reasonable control, including but not limited to acts of god, fire, flood, severe weather, disasters, explosions, war (whether declared or not), acts of terrorism, industrial disputes (whether or not involving its employees), epidemics, pandemics, difficulties in delivering caused by any circumstance referred to in this section that affect Dometic or any of its sub-contractor, acts of local or central government or of any other competent authorities, general delay of transportation as well as other force majeure events pursuant to applicable law.
9 Governing Law; Dispute Resolution
9.1 Unless otherwise agreed in writing, these Terms and any contract concluded thereunder shall be governed by the laws of Sweden, excluding its choice of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and the regulations regarding defects and remedies set out in the Swedish Sales of Goods Act (1990:931) shall not apply.
9.2 Notwithstanding section 9.1, if You are a consumer, these Terms shall be governed by the laws of the jurisdiction where You are a resident, without regard to its conflict of law principles.
9.3 Any dispute, controversy or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English. Any arbitral proceedings conducted hereunder, including all information disclosed as well as any decision or award that is made or declared during the proceedings, shall be kept strictly confidential.
9.4 Notwithstanding section 9.3, if You are a consumer, any dispute or claim arising out of, or in connection with these Terms shall be finally settled by the courts of the jurisdiction where You are a resident. You may also contact the Swedish National Board for Consumer Disputes (Allmänna reklamationsnämnden), at www.arn.se. Allmänna reklamationsnämnden is an approved authority for alternative dispute resolution and complies with Directive 2013/11/EU alternative dispute resolution for consumer disputes.
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