Terms
TERMS
- BACKGROUND
1.1 These terms of use and sales shall apply to the use of the website and the sale of Urberg Design's products on this website https://www.urbergdesign.se and https://www.urberg-design.myshopify.com.
1.2 This version (1.1) of the Terms of Use and Sale is applicable as of April 20, 2020, until they are replaced or amended in accordance with clause 18. 2.
- DEFINITIONS
2.1 “Agreement” means these Terms of Use and Sale.
2.2 “Order” means any order placed by Customers on the Website.
"Order" is also meant when ordering "tailored products", where after being contacted via email and after dialogue via email, the Customer confirms his order by replying to the "Ordermail" Urberg Design sends to the Customer with details about the ordered item and its delivery time, price picture and materials.
2.3 "Urberg Design" means Urberg Design, organization number 7803017842, Onsdagsvägen 19, 90637 Umeå, and is the producer and supplier of the products provided on the website.
2.4 “Customer” means the party who orders products on the Website.
2.5 “Product(s)” means the products offered for sale on the Website and supplied by Urberg Design.
2.6 "Website" means Urberg Design's website https://www.urbergdesign.se and https://www.urberg-design.myshopify.com.
- CONFIRMATION AND REGISTRATION
3.1 In order to purchase products on the Urberg Design website, the Customer must confirm that he or she accepts all the terms of this Agreement by registering for an account or by providing information at checkout when making a purchase.
3.2 The customer accepts the terms of use and sale by registering for an account or by providing information at checkout when making a purchase.
3.3 Acceptance of the terms of use and sale and the registration of an account on the website constitutes a binding agreement between the Customer and Urberg Design (the "Agreement") which comes into force in accordance with these terms of use and sale.
3.4 An individual may not purchase products on the website and may not accept the terms of use and sale if (a) the individual is under the age of 18 and therefore unable to enter into a binding contract with Urberg Design, or (b) the individual is prevented from receive products or use the website in accordance with the laws of the country where the Customer resides or from which he or she uses the website.
3.5 In addition to this agreement, the Customer and Urberg Design are bound by the general conditions set out in Urberg Design's Privacy Policy (“Privacy Policy”) (see section 5.4 and section 6.3).
- SECRECY
4.1 All information provided by the Customer is confidential information.
4.2 The customer guarantees that the information he or she provides to Urberg Design is correct and up-to-date. The customer is also responsible for updating this information if necessary.
- DATA SECURITY
5.1 Urberg design protects the Customer's personal integrity and has high security requirements to prevent intrusion by unauthorized persons. In connection with the purchase and use of the Website for ordering products, the Customer may be asked to provide certain information about himself, such as e.g. name, username, e-mail address, telephone number, postal address, etc.
Such information about the Customer is private and confidential. Urberg Design will not disclose such information to unauthorized persons. Urberg Design may, however, disclose information to authorities if there is suspicion of crime or if it is otherwise prescribed by law, as well as in the event of a demand for an annual report.
5.2 Urberg Design processes the personal data provided by the Customer in accordance with the GDPR. Urberg Design will process this personal data for the following purposes:
- a) for the provision of products and administration of orders.
- b) for quality work, analysis and development of products.
- c) for marketing aimed at the Customer or for offers to the Customer related to Urberg Design's products, or products and services provided.
- d) to publish statistics about the products.
- e) for fulfilling obligations according to law or authority decision.
5.3 The Customer has the right to, annually and upon written request to Urberg Design, receive information about which personal data about the Customer that Urberg Design processes.
The customer also has the right to request that incorrect data be corrected, blocked or deleted. Furthermore, the Customer can, at any time, notify in writing that the Customer does not wish to receive direct mail in the form of advertisements.
- THE SITE'S USE OF COOKIES
6.1 Urberg Design can use "cookies" to optimize the website's function and to adapt it to the Customers' wishes. A cookie is a text file that is either temporarily placed on the Customer's data memory (a "temporary cookie") or is placed on the Customer's hard drive (a "permanent cookie") through a browser server. Cookies are not used to run programs or to spread viruses to the computer.
6.2 Cookies are unique 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 a web server that you have returned to a certain page. When the Customer returns to Urberg Design's website, cookies enable Urberg Design to retrieve information that the Customer previously provided, so that the Customer can easily use the functions that he or she customized.
For example, if the Customer registers for a purchase, a cookie helps Urberg Design use the Customer's specific information (for example, username, password and preferences).
- ORDER AND ORDER CONFIRMATION
7.1 All sales and purchases under this Agreement shall be referred to as an "Order". An Order is accepted only in accordance with these Terms of Use and Sales.
7.2 The Customer places an Order on the Website by placing the Product(s) in the "Basket" and then selecting the payment method. The customer must also fill in personal and delivery details and choose a shipping method. To confirm the purchase, the customer must accept the "Purchase Terms" and click the "Finish Purchase" button.
7.3 Once the Order has been completed, the Customer will receive an "Order Confirmation" via e-mail. The order confirmation contains all information about the Product(s), price(s) of the Product(s) including VAT (when delivered within the EU) and other charges, delivery date, delivery costs, payment terms, information about the Customer's right of withdrawal (as set out in section 14 below), applicable guarantees and other services provided by Urberg Design as well as conditions for cancellation of the Order.
For shipments outside the EU, the order confirmation does not include local charges or duties. These costs must be paid by the customer to local authorities.
7.4 For "tailored products" additional terms apply, see section 2.2 above and section 16 below.
- DELIVERY
8.1 The Products are normally delivered within the time specified from time to time by Urberg Design for the specific Product, unless otherwise agreed or specified in the Order Confirmation, and are delivered to the Customer by trackable shipment (“Delivery”). Urberg Design reserves the right for possible adjustment of the delivery time (for example due to delayed deliveries of materials or illness).
8.2 Urberg Design reserves the right to adjust shipping costs and handling fees as a result of cost increases that occur during the period from when the order was placed until the day of delivery.
8.3 If the shipment is not collected, the Customer will be charged a fee (postage/handling cost) of SEK 350. This fee will be charged afterwards via invoice.
8.4 Risk for the Product passes to the Customer when delivery has taken place in accordance with section 8.1 above.
- DELAY
9.1 Delay on Urberg Design's side exists if the Product/Products are not delivered or not delivered on time and the delay is not due to the Customer or to other reasons for which the Customer is not responsible, or in the event of force majeure, see section 18 below.
9.2 In case of delay, the Customer has the right to cancel the Order if the delay is of significant importance.
- RESPONSIBILITY FOR ERRORS
10.1 A Product is faulty if the product deviates from what is specified in the Order or in any other respect deviates from the Customer's legitimate expectations based on the information provided by Urberg Design. Unless otherwise stipulated in this agreement, the Products must be suitable for the purpose that products of the same type generally are, and possess the characteristics that Urberg Design has specified by providing samples or models.
10.2 The product shall also be considered faulty if, prior to the sale, Urberg Design failed to inform the Customer of a matter relating to the properties or use of the product that Urberg Design knew about or should have known about, and about which the Customer can reasonably expect to be informed, provided that such failure may be presumed to have affected the purchase.
10.3 If a delivered product is faulty, the Customer has the right to request repair, or a price reduction, if the fault is of significant importance to the Customer, cancel the purchase.
10.4 Urberg Design is primarily entitled to offer repair of products if this can be done within a reasonable time and without any additional costs to the Customer.
10.5 Urberg Design is only responsible for original defects, which means that the defect existed before the time the Product was purchased or delivered. Within a period of 7 days after picking up the product, the Customer must contact Urberg Design, verbally or in writing, regarding the product that the customer considers to be the faulty product if it has an original fault that must be rectified by Urberg Design at no cost to the customer. After this period, the Customer must be able to clearly demonstrate that the product was affected by an original defect already at the time of delivery, which is at most 6 months after the Product was collected.
- COMPLAINTS AND RETURNS
11.1 The customer must complain about the faulty product to Urberg Design within a reasonable time after the fault was discovered ("Complaint" see 10.5 above).
11.2 The customer must notify Urberg Design in writing why he or she considers the Product to be faulty. If the Complaint is made within a week after the error was discovered, the Complaint shall be considered to have been made in time. After 6 months, the Customer loses his right to claim defects in the Product, provided that no guarantee with a longer period has been given in writing from Urberg Design.
11.3 The customer further complains by ordering a return form from Urberg Design, fills in the return form and returns it together with the faulty Product to Urberg Design by trackable shipment in its original packaging with applicable/justified closure/packaging.
11.4 Urberg Design reimburses the Customer afterwards for the shipping costs associated with the complaint, provided that the product(s) are incorrect or the Customer received a different product than the one ordered.
11.5 If repair or delivery does not take place within a reasonable time after the promised/agreed time after the Complaint is made, the Customer has the right to demand a price reduction or cancel the purchase of the Product in question.
11.6 Cancellation of the purchase is done by sending an e-mail to kontakt@urbergdesign.com.
When canceling the purchase of the product in question, the Customer must return the product in accordance with the Complaints procedure specified in sections 11.2 and 11.3 above.
In the case of complaints, the Consumer Purchase Act is applied and, in the event of a dispute, Urberg Design follows the recommendations of the General Complaints Board ARN and EU's Online Dispute Resolution.
- PRICES
12.1 Price(s) of the product(s) are set out in the order confirmation.
12.2 All prices in the Order Confirmation are stated in Swedish kronor and include applicable VAT (currently 25%). Customers who order products from countries outside Sweden may also be liable to pay customs duties. Customs duties are not included in the prices and all additional customs duties must be paid by the Customer to the customs or equivalent authority in the country to which the Product/Products are finally delivered as well as any VAT surcharges.
12.3 The prices stated on the Website and in each order confirmation are subject to increased supplier costs, typographical errors, other incorrect specifications and for clearance sales.
12.4 Upon confirmation of the draft/quote when ordering a tailored/special-ordered product, the Customer is charged one third of the approximate total price that the customer received explained in the draft/quote. However, the final charged price can never exceed half of the offered price of the product itself, maximum amount SEK 1,000 (including VAT of 25%).
After receiving payment of one third of the approximate total price, any materials are purchased and production begins. See further details in section 16 below.
When the product is ready for delivery, a picture of the finished product is emailed to the Customer and the remaining amount is attached. Once final payment is received, the product is posted within a week with a trackable shipment.
- PAYMENT
13.1 The Customer shall make payment at the time set out in each order confirmation set out in section 7.3 and section 12 above.
13.2 Payment is made to Urberg Designs Företag's Swish number, 1232714335, which is also stated in "Checkout" and in the order confirmation.
13.4 Shipments are made within one week of receipt of payment.
13.5 The Product(s) belong to Urberg Design until full payment has been made.
13.6 Gift cards issued by Urberg Design are valid from the date of purchase and 1 year onwards.
After purchasing a gift card from Urberg Design, Urberg Design will contact the Customer via email with the gift card.
In the mentioned email is the unique code that will be used as payment at Urberg Design from now on.
To use a gift card issued by Urberg Design, enter the valid and unique code in the cashier upon payment.
Gift cards are available in a range of different amounts to choose from.
Gift cards issued by Urberg Design cannot be exchanged for money and can only be used on 1 occasion.
13.8 For details regarding "tailored products" see section 12.4 above and section 16 below.
- RIGHT OF WITHDRAWAL
14.1 The Customer has the right according to the Distance and Home Sales Act (2005:59) to cancel the Agreement within fourteen (14) days) from the day the Customer received the Product (the "Revocation Period"), so-called right of withdrawal. If the Cancellation Period does not include seven (7) working days, the Customer always has seven (7) working days to cancel the Agreement. Working days means all days of the year except Saturdays, Sundays, other public holidays, Midsummer's Eve, Christmas Eve and New Year's Eve.
14.2 The cancellation period is counted from the day the Customer received the product. However, the cancellation period is counted at the earliest from the day the Customer received the information provided in the order confirmation as stated in section 7.3.
The right of withdrawal expires if the Customer has started using the product(s) during the withdrawal period and/or has removed the seal from the product(s) and/or the product has been damaged.
14.3 The right of withdrawal is exercised by sending an e-mail to kontakt@urbergdesign.com .
When canceling the Order, the Customer must request a return slip from Urberg Design, fill in the return slip and send the Product well packaged in a trackable shipment.
14.4 If the Order has been canceled within the cancellation period, any fees paid by the Customer for the product will be refunded by Urberg Design within thirty (30) days of Urberg Design receiving the returned product.
- BYTE
15.1 The Customer has the right to exchange for another product within fourteen (14) days from the day the Customer received the Product ("Right of Exchange").
15.2 The right of exchange does not apply to specially ordered/"Tailored products" or adjusted/adapted products.
15.3 The exchange period is counted from the day the Customer received the product. However, the replacement deadline is counted from the earliest day on which the Customer received the information provided in the Order Confirmation as stated in section 7.3.
The right to exchange expires if the Customer has started using the product(s) during the exchange period and/or has removed the seal from the product(s).
15.4 The right of exchange is exercised by sending an e-mail to kontakt@urbergdesign.com.
15.5 To exercise the right of exchange, contact kontakt@urbergdesign.com and communicate the wish, the customer must also fill in the return slip that Urberg Design emails the Customer after the product with the return slip is sent to Urberg Design with trackable shipment, all shipping costs are borne by the Customer.
- CUSTOM ORDERS
16.1 "Tailored products" have their own terms, see section 2.2, 7.4 above and section 16 below.
16.2 For "Tailored products", the Customer makes the first contact via email to kontakt@urbergdesign.com
In the email, the customer writes their thoughts and ideas, is it for a special occasion - what if, or is it perhaps a unique gift? Complete with name, address and other contact details. Please also attach inspirational images/moodboards to clarify the customer's own inner image of the desired product.
16.3 Urberg Design responds with further questions and engages in a dialogue with the Customer. Furthermore, Urberg Design responds with a draft/offer containing a simpler sketch, suggested materials and an approximate price picture, regarding price see section 12 above.
16.4 The customer approves/places their order of their customized order by confirming in text via return email the draft/quote that the customer received from Urberg Design.
16.5 Details of payment see section 12.4 above.
- CONTACT
17.1 Communication between the Customer and Urberg Design and vice versa takes place via e-mail or by letter as follows:
ORIGINAL DESIGN:
Email: kontakt@urbergdesign.com
Urberg Design's postal address: Onsdagsvägen 19, 906 37 Umeå.
CUSTOMERS:
E-mail, telephone number and address that have most recently been given to Urberg Design.
- FORCE MAJOR
18.1 Urberg Design shall be released from liability for failure to fulfill any of its obligations due to a circumstance that prevents, delays or worsens the fulfillment of an obligation under this agreement, such as actions or omissions by authorities, new or amended legislation, conflict in the labor market, blockade, fire, flood, lack of means of transport, goods or energy or serious accidents and failure or delay in connection with deliveries from subcontractors caused by such circumstances (“Force Majeure”).
18.2 When Urberg Design wishes to invoke an event of Force Majeure, Urberg Design must notify the Customer of this without unreasonable delay.
18.3 Without prejudice to sections 16.1-16.2 above and without limiting the Customer's rights under section 9, the Customer has the right to terminate this agreement with immediate effect by notification to Urberg Design if the fulfillment of a material obligation under this agreement is delayed, due to a Force Majeure event, with more than three (3) months.
- CHANGES AND ADDITIONS TO THE TERMS OF USE AND SALE
19.1 Urberg Design reserves the right to make changes to the Terms of Use and Sales at any time. If any changes are made to the Terms of Use and Sales, Urberg Design will make a new copy of these terms available at https://www.urbergdesign.se .
19.2 However, Urberg Design reserves the right to, at any time, make changes and measures, immediately and without prior information, due to legislation or regulations from authorities.
19.3 Any changes or modifications to the Terms of Use and Sale will be in writing and Urberg Design will provide a new copy of the Terms of Use and Sale at https://www.urbergdesign.se .
- THE AGREEMENT IN ITS ENTIRETY
20.1 These Terms of Use and Sales constitute the entire agreement between the Customer and Urberg Design and shall cover the Customer's purchase of the product(s).
- APPLICABLE LAW AND DISPUTE
20.1 Swedish law shall be applied to the agreement without regard to choice of law rules that lead to any law other than the Swedish law having application.
20.2 Disputes arising from the agreement shall be settled by a Swedish general court with Umeå District Court as the first instance.
21. DONATE MATERIALS
21.1 We accept whole and broken jewellery, pearls and prisms that people are tired of or for one reason or another don't want to make a remake with or keep.
21.2 We have a good collaboration with the daily activities within social psychiatry in Umeå. Through the collaboration, we support this business and elevate individuals through the assignments we seek. The estimated value of the material we receive is donated in the form of whole or broken jewellery, pearls and prisms goes directly to this collaboration and can of course be reported.
21.3 We reserve the right to refuse material and for reasons that we also do not need to report.
22. Privacy Policy
By shopping at Urberg Design, you accept the associated data protection policy and processing of your personal data.
Your personal data is processed responsibly and does not collect more data than is necessary to provide services and process your order.
Your data is never sold or passed on to third parties without a legal basis.
Your data is stored as long as there is a legal basis for processing your data. For example, to be able to fulfill the agreement between us or according to a legal obligation, for example the Accounting Act.