Terms and Conditions

Sales and Delivery Terms

1. Contractual Basis

The following sales and delivery terms shall apply to all orders placed by a Customer and shall apply to all deliveries consequently made by Eightmood of Sweden AB hereby called ‘EoS’, (EoS), Södra Industrigatan 10, 274 30 Skurup, Sweden (VAT: SE559256381001). The (EoS) order confirmation, the following sales & delivery terms, the Swedish Sale of Goods Act and other optional law shall apply to all (EoS)’s orders and delivery agreements in the below list.

2.ORDER & ORDER CONFIRMATION – DELIVERY EXTENT

Orders placed are not binding to (EoS) unless the same has confirmed the order by a written order confirmation. This includes orders placed by any form, such as through our B2B website, by phone or email. It is the responsibility of the customer to check that the order confirmation corresponds with the order placed. The order will be processed by (EoS), and sent over as soon as possible which means that all available items will be shipped immediately. Thus, when placing an order that can be shipped immediately, the customer refrains from making any changes to it. If the customer does not make any objections within the above deadline, the order confirmation shall be binding and (EoS) will not be liable for any errors in the order confirmation.

3. DELIVERY & TIME OF DELIVERY

Unless otherwise expressly agreed in writing and stated in the written order confirmation, delivery shall be made DAP (Delivered at Place) for countries within the EU and DDU (Delivered Duty Unpaid) for the United Kingdom, Norway and Switzerland in accordance with existing price list. The delivery address of the customer influences the freight calculation and determines the freight bill. In all other markets delivery shall be Ex Works. All deliveries are made under reference to Incoterms 2010. (EoS) shall deliver orders according to the price list below, hence (EoS) shall not pay the cost of carriage for orders below the listed minimum total order values, and additional freight costs will be charged if this is the case. Price list for European countries, placing their orders in EURO currency – pls. see list below:

Orders FromUnited Kingdom, Switzerland, Norway

Incoterms DDU (Delivered Duty Unpaid)

Orders exceeding EUR 2.000,- Free delivery

Orders below EUR 2.000,- €200,- freight

Orders FromDenmark, Germany

Orders exceeding EUR 1.000,- Free delivery

Orders below EUR 1.000,- € 100,- freight

Orders FromAll other EU Countries, without Islands

Orders exceeding EUR 2.000,- Free delivery

Orders below EUR 2.000,- € 200,- freight

Orders FromAll remaining countries and Islands

Will be delivered ex works from Sweden, based on actual freigt rate after accept from buyer

 

Deliveries that need to be shipped to islands will be charged the exact freight cost of the delivery. However, as a customer on an island you can always choose to have your order delivered to any port on mainland for normal delivery terms & conditions. Please advise this on your order or inform your sales agent if this is the case. If products on small orders and/or back-orders are not suitable to be shipped as a parcel, they will be shipped with your next delivery to avoid damaged goods. If bulky products such as larger furniture are to be shipped (EoS) will deliver them ex works from Sweden based on actual freight rate. If you discover any breakages or shortages on the pallet you must report this to (EoS) within 24 hours of receipt. Please note that any damage or missing claims will not be accepted after this period. If any visible damages on the pallet are discovered upon delivery, notes must always be made on the driver’s cargo note. If failed to do so, the claim will not be accepted.

4. PRICES AND TERMS OF PAYMENT

The prices stipulated by (EoS) are done so in EUR/GBP/SEK/USD excluding VAT and for the delivery. Cost of carriage and customs fees are added separately to your invoice. If the prices on the agreed delivery are amended because of altered purchase prices, exchange rates, duties, taxes, carriages etc, (EoS) shall be entitled to amend the prices on the delivery up to ten (10) days’ prior to the agreed delivery time. All first orders taken by (EoS) are subject to a proforma invoice before the packing of the goods. When (EoS) receives the payment of this proforma, the order will be picked and dispatched immediately. (EoS) is entitled to hold the delivery of the order until the total proforma has been received. If the payment is not settled in full within the set date, an interest of 2% will be charged for each month commencing calculated from the due payment date until payment has been made. A payment default of the customer will be considered material breach and (EoS) is hence entitled to stop any other deliveries to the customer and assume no liability. The customer cannot pay for outstanding deliveries by deducting potential credit note amounts unless this is specifically agreed with (EoS) beforehand and confirmed in writing.

5. RETENTION OF TITLE

(EoS) is the rightful owner of the delivered products until payment in full from the client, including any interest and cost. The customer shall therefore take any measures to protect the property belonging to (EoS) until the ownership has passed to the customer.

6. ORDER ANNULMENT

(EoS) is entitled to cancel any order in full, or partly, including goods that have been sold out and/or any back order goods.

7. LIABILITY FOR DEFECTS AND LIMITATION

As soon as delivery has been made to the customer and under no circumstances later than seven (7) days after receipt of delivery, the customer needs to examine the products as required by proper business practice. Should any complaints regarding defects arise, this should be done in writing by email to the address order@8mood.com. Any return of goods need to be previously agreed in written by (EoS). Should any returns be made to (EoS) without written agreement these items will not be credited but instead ‘held’ at our warehouse for up to thirty (30) days, after upon the order will be cancelled, and an invoice will be made to the customer for the lost profit in full. In the event of a justified complaint made in time, (EoS) will be liable for a price reduction or free delivery of an equivalent new product within a reasonable deadline. However, (EoS) is also entitled to pay a compensation to the customer not exceeding the invoice value (excluding VAT) of the defective product. No other compensations or damages will be paid by (EoS). If the customer forwards complaints regarding defects that are found not to be (EoS)’s fault, the customer shall reimburse any cost, such as lawyers’ fees, incurred by (EoS) in this respect.

8. PRODUCT LIABILITY

(EoS) assumes no product liability in excess of what is provided by Swedish law. Under no circumstances shall (EoS) assume liability for operating loss, loss of profit or any other indirect loss.

9. GENERAL LIMITATIONS (INCLUDING FORCE MAJEURE)

(EoS) assumes no liability for any operating loss, loss of profit or any other indirect loss. The advice given by (EoS) in regards to the customer’s order shall only be considered as guidance, and (EoS) assumes no liability in this respect, and istherefore not liable for the suitability of the product for specific purposes. In addition, (EoS) assumes no liability for errors in catalogues, brochures or any other printed material, nor for any errors found in our web page material or misinterpretations of information given herein. Furthermore, the customer will accept the fact that there may be a variation between the delivered goods and the sales samples, or catalogue imagery in respect to minor deviations in color. Deviations that are a result of mass production must be accepted and tolerated. (EoS) is not liable for defects, delay, or any other damage caused by circumstances which could not have expected, such as, but not limited to; acts of war, terrorism, malicious damage, fire, mobilisation, import and export restrictions, strike, lockout, political unrest, pandemic events, natural events etc, and under any other circumstances that are considered force majeure under Swedish law. If any of such events are preventing the order fulfillment more than six (6) months, (EoS) shall be entitled to postpone the order fulfillment until the circumstances no longer exists or, if deemed necessary, be entitled to annul the order entirely or partly and assume no liability.

10. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in respect to (EoS)’s trademark, design, and other intellectual property belongs exclusively to (EoS). The customer’s use of these shall therefore be subject to (EoS)’s agreement in writing. Should this intellectual property be violated, it will be considered a material breach which entitles (EoS) to cancel all future deliveries and annul any unfulfilled orders. Furthermore, (EoS) will be entitled to put forward any general claims for breach of contract in accordance with Swedish legislation.

11. GOVERNING LAW AND VENUE

This Agreement shall be governed by and construed in accordance with the laws of Sweden. Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the SCC Institute). The Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply, unless the SCC Institute, taking into account the complexity of the case, the amount in dispute and other circumstances, determines, in its discretion, that the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply. In the latter case, the SCC Institute shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators. The place of arbitration shall be Malmö, Sweden. The language to be used in the arbitral proceedings shall be English.

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