GENERAL TERMS AND CONDITIONS
for the website Animushome.com and its online store (shop.animushome.com).
VERSION 2016:2, last updated 2016-12-05
The following conditions apply to all orders made by the Customer ("you", “your”) of Animus Home AB (org.nr 559027-9856) hereinafter referred to as “Animus Home”, "us", "we" and “our”. Please note that certain rights and obligations in these general terms and conditions (the “Terms”)only apply to private consumers (Sw. k on sumenter) and other only to parties acting in a commercial capacity.
By visiting our site or purchasing something from us (“goods” or “services”) you agree to be bound by the following Terms including those additional terms and conditions and policies referenced herein and/or available by hyperlink. Make sure you have read and understood the terms and conditions before you place your order. By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our services for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
That goods or a service is provided on animushome.com at a given time, is not a guarantee that the goods or service is always available. We reserve the right at any time to stop selling and providing goods and services. We reserve the right to refuse selling goods and services to anyone for any reason at any time. You understand that your data (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the services, use of the service, or access to the service or any contact on the website through which the service is provided, without prior express written permission by us. We reserve the right to change these terms as needed, without informing you in advance. Any changes to these Terms will be published on animushome.com. We will notify on our website in case we make any material changes. Any purchase that you make hereinafter shall be subject to the terms applicable at that point in time.
2. PRICES AND FEES
The prices stated on animushome.com apply to orders solely placed on the website. All prices on our website include the 25% Swedish VAT. When you order from a country within the EU you pay the price including VAT and no other fees are added. When you order from a country outside EU the VAT is deducted from the price. Countries that are non EU members are subject to specific VAT and customs duties. The prices do not include payment- and shipping fees or any other taxes that may apply in your country or state. The shipping cost is presented in the checkout once delivery address is specified and a shipping method has been selected. Prices are subject to change without notice. We reserve the right to modify or discontinue goods and services (or any part or content thereof) at any time without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of goods or services.
A purchase agreement is concluded when Animus Home confirms the order by sending an e-mail with the order confirmation. It is therefore important that you enter your correct e-mail address when placing your order. We recommend that you save the confirmation to facilitate any future contact with our customer support. The confirmation is the receipt and also serves as a guarantee of proof for the purchase.
4. PAYMENT – SHOPIFY and Stripe
Payment is made when you place your order by using a valid credit card. The amount is drawn from your chosen payment card immediately after placed order. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our services to you. Your purchase data is stored through Shopify’s data storage, databases and the general Shopify application. For more insight, you can read Shopify’s Terms of Service here or Privacy Statement here.
The payment gateway that is integrated on Shopify and that performs the credit card transaction is Stripe, Inc. For more insight, you can read Stripe’s Terms of Service here or Privacy Statement here.
The payment gateway is certified to the Payment Card Industry Data Security Standard (PCI-DSS Level 1). All card numbers are encrypted on disk with AES-256. The decryption keys are stored on separate separate machines and the internal servers can not obtain the card numbers in plaintext.
Animus Home aim to dispatch orders within 1-2 business days after order confirmation, the exception is weekend and public holiday. The estimated shipping time to your country is presented at checkout. If you cancel the purchase once an order has been dispatched, we reserve the right to retain the payment for the shipping costs but will refund the purchase price. Although Animus Home aim to deliver within the announced timeframe, delivery may take longer due to unforeseen events. If the delivery time, for a good that is explicitly announced to be in stock, would happen to exceed 30 days counting from when the contract was entered into, you are entitled to cancel your purchase. The right to cancel implies that you as a customer have notified Animus Home of your intention/decision to cancel in due time after the delivery. Animus Home is liable if the goods are damaged or lost in transit. Note that the delivery date for pre-orders is estimated and not a firm ship date.
All orders are shipped from Malmö, Sweden.
If the goods cannot be delivered to you (e g. if you’ve entered the wrong address, if the courier cannot reach you, you do not pick up the parcel in time, or you fail to pay additional fees (if applicable)) you will be charged an administrative fee of EUR40. The uncollected order will be cancelled and you will be refunded the remaining amount after the deduction of the administrative fee.
6. RIGHT OF WITHDRAWAL
As a consumer you have the right to withdraw from a purchase within 14 days after receiving your ordered goods, in accordance with applicable consumer protection legislation. The right of withdrawal applies only when the goods and its original packaging can be returned in an essentially unaltered condition. Animus Home reserves the right to refuse any goods returned under the withdrawal period that do not meet these criteria.
If you want to return an order, contact our customer service on animushome.com for guidance and address. The right to make a withdrawal is subject to that you as a customer have notified Animus Home of your intention within 14 days after receiving the goods. To return a good you must send it with its original packing, labels, accessories etc. no later than 14 days from the time you communicated your withdrawal to animushome.com.
It is important that you as a customer look over the goods when you receive your shipment in order to verify that the order is not damaged and that it is correct. This applies whether it is a visible damage or not. If you after receiving the good discover that it is damaged or does not match the item you ordered, you shall contact Animus Home immediately. Any complaints shall be sent to our customer service through the contact form on animushome.com. Please provide us with your order number and the reason of your complaint.
Defective goods returned to Animus Home shall be handled carefully, as if they were faultless. Each single return of goods must be packaged so that it cannot be damaged during transport. Once a good, for which a complaint has been filed, is returned and the complaint approved, we will act according to our warranty term. If a particular good is no longer in stock you have the right to a refund, corresponding to the purchase price of the goods. Animus Home reserves the right to refuse any complaint if the good, in compliance with applicable consumer protection legislation, proves not to be defective.
8. RETURNS & EXCHANGES
Animus Home guarantee a full refund in accordance with section 6 (right of withdrawal), provided that all goods are returned in the same condition they were in when delivered to you. Refunds are made to the same payment method used for the purchase. We will refund the full amount you paid for the returned good, as soon as possible, but not later than within 14 days after we received the returned good from you. Note that additional duties and/or taxes are not refunded. Neither are the shipping costs or incurred shipping costs from returning the goods. You are responsible for all costs in connection with shipping the returned items to Animus Home. Items lost in transportation will not be compensated for.
Customers acting in a commercial capacity have a one-year limited warranty.
Consumer’s warranty shall be in accordance with applicable consumer protection legislation. As a customer acting in a consumer capacity, your right to make a claim expires after three years from when you came in possession of the goods, but any claim must always be made within due time after the defect has been discovered or ought to have been discovered. If a defect arises during the warranty period, Animus Home, has the option and to the extent permitted by law to repair or replace the goods or any defective parts. If repair or replacement is not commercially practicable, we can solely choose to offer a refund of the purchased price for the damaged goods. The warranty period is not extended after a repair or replacement has been completed. To make a claim under the warranty for defects, contact us through the contact form on animushome.com.
The warranty excludes (a) damages caused by improper storage, misuse, accident or neglect (b) damage caused by unjustified repair or modification (c) surface damage caused by misuse (stains, cracks, scratches, etc.) (e) improper use of any electrical source (f) any goods with an altered or missing serial number or any counterfeit goods (g) unauthorized repair and opening of the goods (h) or damage by other causes that are not defects in materials and workmanship.
10. LIMITATION OF LIABILITY
For consumers, the limitations set out herein shall only apply to the extent permitted by applicable consumer protection legislation.
You expressly agree that your use of, or inability to use, the goods and services is at your sole risk. The goods, services and products delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Animus Home does not carry direct or indirect responsibility for incompatibility, delivery delays, downtime of services or data loss.
Animus Home accepts no liability to the customer whether in contract, tort (including negligence) or otherwise for of any of the following losses or damages: (a) loss of profit arising directly or indirectly; (b) loss of business or of revenues arising either directly or indirectly; (c) any losses, damages, costs or expenses to the extent that these are indirect losses. The sum payable by Animus Home to the customer in respect of all claims whether arising for breach of contract, in tort (including negligence) or otherwise shall not exceed the sum actually paid to Animus Home from the consumer for the goods or services in question.
The limitations set out herein shall not apply if we have acted with gross negligence or intent.
We aspire to show our goods' features, including the composition and colors in the most accurate way possible. The colors of our goods on our online sites are dependent on your computer screen, and we do not guarantee that your computer can visually reproduce colors accurately.
12. RETENTION OF TITLE
All goods remain the property of Animus Home until full payment is completed.
Furthermore, we retain all right, title and interest in and to the goods and services we provide and in all related intellectual property rights, including but not limited to copyrights, database rights, patents and trademarks. Except for the limited license herein to use our services, we do not grant you any rights to intellectual property rights
or to the goods or services. Any suggested modifications or improvements to goods and services submitted by you to us shall become our property, and you shall not have any right to remuneration (to the extent permitted by applicable law), unless explicitly agreed otherwise.
13. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new goods and/or features through the website (including, the release of new tools and resources). Such new features and/or goods shall also be subject to these Terms.
14. FORCE MAJEURE
Events outside the control of Animus Home, which is not reasonably foreseeable, shall be considered force majeure, meaning that Animus Home are released from the obligations to fulfill contractual agreements. Examples of such events are government action or omission, new or amended legislation, conflict, embargo, fire or flood, sabotage, accident, war, natural disasters, strikes or lack of delivery from suppliers. The force majeure also includes government decisions that affect the market negatively and services, for example, restrictions, warnings, ban, etc.
15. GOVERNING LAW
All attempts to fraud are reported to the police. Animus Home reserves the right to cancel a purchase if any suspicion of crime is raised. These Terms and Conditions are governed by Swedish law, explicitly excluding the United Nations Convention on the International Sale of Goods (CISG). Any dispute shall be settled in a Swedish public court with the District Court of Malmö being the first instance.
16. COMPANY INFORMATION
Questions about the Terms should be sent to us via the contact form on animushome.com or by mailing us on:
Animus Home AB
223 63 Lund, Sweden