when ordering an HVAC product from Enduce AB (last updated 2024-05-27)
1 Definitions
1.1 In these Consumer and Online Shop Terms and Conditions:
Agreement(s): these consumer and webshop terms and conditions and any other terms and conditions stated at the time of ordering and contained in the Confirmation.
The confirmation: the confirmation of Your order for the Product which is sent to You upon completion of the order and which shall correspond to Your order.
You/you: you, the consumer who ordered the Product from Enduce - and by yours, something that belongs to, concerns, is owned by or relates to you.
Enduce: Enduce AB with reg. no.: 559336-5983 and with address as below.
Improper Handling: installation, uninstallation, use, maintenance, cleaning and/or repair of the Product that is not carried out in accordance with the Product Information or what may otherwise be considered normal handling.
Incorrect product: Product that does not comply with the Product Information and/or does not comply with legal requirements or other binding rules applicable to the Product.
Delayed delivery: when Product is not delivered in accordance with Delivery time and
(a) this is not due to You, to circumstances on Your part or to obstacles that Enduce cannot control or overcome, or
(b) compliance would be unduly burdensome for Enduce.
Delivery time: time for delivery in accordance with the Confirmation.
The price: Price of the product, VAT, delivery and other charges.
Product(s): HVAC product or part or spare part of such product available for order via the Site or otherwise from Enduce.
Product information: information provided by Enduce on technical, digital and other characteristics, application, installation, uninstallation, use, maintenance, cleaning and/or repair and other relevant information relating to a particular Product.
Complain/Complaint: notice from you of Late Delivery or Defective Product, containing:
(a) Your name, address, e-mail and telephone number,
(b) the name of the product,
(c) the number of the Confirmation; and
(d) in case of Late Delivery: when the delivery should have been made, or
(e) in the case of a Defective Product: the time when the defect was detected and (if known) why the defect occurred.
Page: website https://enduce.se.
2 Conditions applicable to your purchase of the Product
2.1 This Agreement applies to You as a consumer when You order a Product from Enduce.
2.2 A binding contract arises between You and Enduce when You order a Product and confirm that You accept these consumer and webshop terms and conditions.
3 Order information
3.1 Information on the Product ordered, the delivery time, the delivery method, the Price, the payment time and the payment method are set out in the Confirmation and/or the Site. In the event that the information in the Confirmation contradicts the information on the Site, the information contained in the Confirmation shall prevail.
3.2 The Confirmation must match Your order placed. You undertake to notify Enduce immediately if the Confirmation does not match your order or if you do not receive the Confirmation despite having placed an order.
4 Product information
4.1 Product information can be found on the Site and is also enclosed with the delivery of the Product. You are obliged to read the Product Information and to notify Enduce if You have any questions about the Product/Product Information before installation/use.
4.2 You are responsible for installing/uninstalling the Product and for ensuring that the Product is installed, uninstalled, used, maintained, cleaned and repaired in accordance with the Product Information. Improper handling may cause damage for which you are responsible.
5 Price and payment conditions
5.1 The price, with itemized VAT and charges, due date and other payment terms, is set out in the Confirmation.
5.2 In case of non-payment / non-full payment, Enduce is entitled to charge penalty interest corresponding to the applicable reference rate + 8 percent from the due date. After the due date, Enduce will send a reminder of the claim to You and charge You for the reminder fee. If no payment is made despite the reminder, Enduce may submit the claim for collection and charge You for the collection company's fees.
5.3 In the event that Your delay in payment is considered a material breach of the Contract, Enduce has the right to terminate and the right to damages according to law.
6 Cancellation
6.1 As long as the ordered product has not been packaged, it can be canceled.
6.2 You request cancellation by emailing Enduce in accordance with clause 9.1. In the event that the Product has not been packaged, Enduce will send a cancellation confirmation to the email address from which You send the request. If no cancellation confirmation is sent, the Product has already been packaged and will be delivered.
6.3 If a Product is canceled as described above after You have paid all or part of the Price, Enduce will arrange for a refund thereof without undue delay.
7 Right of withdrawal
7.1 You have the right to cancel your purchase within 14 days of delivery, provided that the Product has not been installed and is unused, undamaged and in its original packaging.
7.2 To exercise the right of withdrawal, You must notify Enduce via the standard form on the Site for this purpose (see https://enduce.typeform.com/aterkop) and return the Product within 14 days in the manner set out on the Site (see https://enduce.se).
7.3 No later than 14 days after receipt of the returned unused and undamaged Product in its original packaging, Enduce will refund the Price to You less any depreciation and/or increased delivery costs for which Enduce is entitled to compensation by law.
8 Delayed Delivery, Defective Product and Complaints
8.1 In the event of Late Delivery, provided that a Complaint is made in accordance with section 8.3, You have the right to demand fulfillment or cancel the purchase and claim damages according to law.
8.2 In the event of a Defective Product, provided that a Complaint is made in accordance with section 8.3, You have the right to a new Product and the right to cancel the purchase and/or claim damages in accordance with the law.
8.3 To claim Delayed Delivery or Defective Product, You must Make a Complaint by email, in accordance with clause 9.1, no later than 2 months after delivery, or such other period as appears reasonable.
8.4 Enduce is not liable for errors/damage due to improper handling.
9 Contact and notifications
9.1 Questions/messages regarding Product, order, cancellation, right of withdrawal, return, exchange, Complaint or refund are emailed to Enduce at order@enduce.se.
10 Personal data management
10.1 Your personal data (name, address, telephone number and e-mail) is collected, stored in Enduce's customer register and used to enable Enduce to deliver the ordered Product, fulfill obligations and safeguard rights under this Agreement and by law.
10.2 Enduce is the data controller. Within Enduce, employees working with sales, customers, ordering, delivery and invoicing may take part of Your personal data. Enduce may disclose Your personal data to suppliers, collection companies, financial and legal advisors and other external companies for processing if it is required for Enduce to be able to deliver the ordered Product, fulfill obligations and safeguard rights under this Agreement and by law.
10.3 You have the right to request access to or rectification/erasure of Your Personal Data or to request restriction of or object to the processing of Your Personal Data in accordance with applicable law and regulation. In this case, please contact Enduce at privacy@enduce.se with your request. You also have the right to lodge a complaint with the supervisory authority if you are not satisfied with Enduce's handling.
10.4 Your personal data will be stored until neither Enduce nor You have any obligations to fulfill and/or rights to enforce under the Agreement. If You want to know more about how we process Your personal data - please see our privacy policy which can be found at https://enduce.se/integritet.
11 Intellectual property rights
11.1 All intellectual property rights, such as patents and copyrights, in and to the Product and Product Information and developments thereof, are held by Enduce.
12 Law and dispute resolution
12.1 Swedish law shall apply to the Agreement and Your order/purchase of the Product.
12.2 In the event of a dispute arising from this Agreement and Your purchase of a Product, Enduce will follow the recommendations of the General Complaints Board.
Enduce AB
Org.nr: 559336-5983
Address:
Lärlingsgatan 22 S
904 22 UMEÅ
E-mail address: info@enduce.se
Telephone number: 090-690 70 95
Website: www.enduce.se
