GENERAL TERMS AND CONDITIONS FROM THE ONLINE-SHOP OF PIEZOMOTOR UPPSALA AB

These general terms and conditions govern the contractual relationship between PiezoMotor Uppsala AB, Stålgatan 14, 754 50 Uppsala, Sweden, commercial register no. 556539-6396 VAT no. SE556539-6396-01, (hereinafter “PiezoMotor”) and customers of PiezoMotor’s online shop (hereinafter the “Customer” or “you”).

The above parties are hereinafter each referred to as a “Party” and jointly as the “Parties”.

  1. Subject of the General Terms and Conditions
    1. These terms and conditions (“General Terms and Conditions”) govern all purchase contracts concluded using the online shop on the website of PiezoMotor (“Online Shop”) between the Customer and PiezoMotor.
    2. The General Terms and Conditions apply to Customers that are consumers (to the extent permissible by mandatory law) and legal entities. If specific provisions in the General Terms and Conditions specify that they only apply for consumers or only for legal entities, those provisions shall take precedence in the event of conflict with a provision that does not specify to which type of Customer it applies to.
    3. By using the Online Shop or by placing an order in the Online Shop, you acknowledge and agree to these General Terms and Conditions. You are advised to read through these General Terms and Conditions before submitting an order in the Online Shop. PiezoMotor has the right to amend these General Terms and Conditions at any time taking effect from your next purchase in the Online Shop. The amended General Terms and Conditions will be made available in the Online Shop.
  2. User account
    1. If you wish to purchase goods from PiezoMotor’s Online Shop, you must set up a user account in accordance with the instructions provided at the Online Shop (the “Account”). The Customer acknowledges and agrees to that the Account must only be used in accordance with what is stipulated in these General Terms and Conditions or as otherwise communicated by PiezoMotor from time to time.
  1. The following applies if the Customer is a legal entity:
    1. When concluding the setup of the Account, you confirm that the person setting up the Account is authorized to purchase goods in the name of the Customer. Further, the Customer warrants that it will not disclose its login credentials to the Account to any third party.
    2. PiezoMotor has the right to, at any given time, without stating a reason why and without giving any prior notice, delete an Account or to block the Customer’s access to the Account.
  1. The following applies if the Customer is a consumer:
    1. When concluding the setup of the Account, you confirm that you have reached such age in the country where you reside that entitles you to enter into a legally valid agreement. Further, the Customer warrants that it will not disclose its login credentials to the Account to any third party.
    2. PiezoMotor reserves the right to immediately terminate the Account in the event of suspicion of misuse or inappropriate use of the Account or other misconduct. Abuse means, inter alia, violation of the General Terms and Conditions, registration of incorrect contact details, fraud or attempt of fraud.
  1. Purchase of goods
    1. The Customer selects the desired products from the range available at the Online Shop and adds these to the digital shopping cart (“Shopping Cart”). The range of products available to purchase from the Online Shop may be changed by PiezoMotor at any given time, without giving any prior notice.
    2. The Customer requests to order the products in the Shopping Cart by clicking on the button “Place Order”. By doing so, the Customer submits a binding offer to PiezoMotor for the purchase of the products in the Shopping Cart (“Order”).
    3. Upon placing the Order, the Customer shall select whether it wishes to contract a carrier of its own choosing, or the carrier offered by PiezoMotor. The Customer shall state which carrier it selects for delivery of the products (“Selected Carrier”).
    4. PiezoMotor will confirm receipt of the Order with an automatic e-mail. This confirmation of receipt does not serve as PiezoMotor’s acceptance of the offer.
    5. PiezoMotor’s acceptance of the Order is provided if/when an order confirmation or a dispatch confirmation is sent to the Customer from PiezoMotor or, if no such confirmation has been given, when the products are dispatched to the Selected Carrier (“Purchase Contract”).
    6. If a Purchase Contract has been issued to a Customer which is domiciled at, or wishes delivery to, a location outside the territory of the Selected Carrier, either Party has the right to withdraw from the Purchase Contract. If the Customer wishes to withdraw from the Purchase Contract due to this provision, the Customer must immediately notify PiezoMotor of its withdrawal.
    7. In the event of non-availability of the products in the Purchase Contract, PiezoMotor has the right to withdraw from the Purchase Contract. In such case, the Customer shall promptly be notified of the non-availability of the ordered products.
    8. Furthermore, PiezoMotor reserves the right to withdraw from a Purchase Contract, for any reason, at any time, and without having to state the reason thereof.
  2. Information regarding the products
  1. All product information available at the Online Shop, such as technical data, pictures, measurements or information on the field of application and specifications etc. does not constitute any kind of warranty or guarantee that the products correspond to such data, pictures, measurements or information unless so is explicitly stated in the Online Shop. All product information available at the Online Shop may be changed by PiezoMotor at any given time, without giving any prior notice.
  1. Delivery deadlines and delivery
    1. The delivery lead time is dependent upon the Selected Carrier, country of destination and the duration of such customs clearance as may be required.
    2. If PiezoMotor’s dispatch to Selected Carrier is delayed by more than 30 (thirty) days after conclusion of the Purchase Contract, the Customer is entitled to withdraw from the Purchase Contract. The Customer may notify PiezoMotor of withdrawal from the Purchase Contract by letter or e-mail sent to customer service.
    3. For delayed deliveries for which the Customer or the Selected Carrier is responsible, or which are caused by cases of force majeure, PiezoMotor has no liability.
  1. The following applies if the Customer is a legal entity:
    1. Delivery terms are FCA Uppsala, Incoterm 2020.
    2. The Customer must inspect the delivered products at the time of delivery for manifest defects and to ensure the delivery is accurate. Any such findings must be documented. Any variations and manifest defects must be notified to PiezoMotor without delay, but no later than within five (5) days of delivery, in writing (by e-mail or letter) to PiezoMotor’s customer service. If such notice is not given within five (5) days of delivery, the Customer forfeits its right to claim any redelivery, redress or compensation due to defects in the products or due to wrong or insufficient delivery.
  1. The following applies if the Customer is a consumer:
    1. If the Customer has chosen the carrier provided by PiezoMotor as Selected Carrier, PiezoMotor carries the risk of the products during transport. If the Customer has hired its own transport of the products as Selected Carrier, the risk of the products passes to the Customer after delivery to the carrier unless PiezoMotor has offered or proposed the Selected Carrier.
  1. Right of Withdrawal
  1. The following applies when the Customer is a consumer:
    1. If the Customer has its place of residence in Switzerland, Liechtenstein or in a Member State of the EU, the Customer may withdraw from the Purchase Contract in accordance with what is stipulated in this provision.
    2. The Customer has the right to withdraw from the Purchase Contract within the withdrawal period.
    3. The withdrawal period will expire after fourteen (14) days from the day on which you acquire, or a third party indicated by you other than the Selected Carrier acquires, physical possession of the products, or – in the case of a Purchase Contract relating to multiple products ordered by the Customer in one Purchase Contract but delivered separately – on which you acquire, or a third party indicated by you other than the Selected Carrier acquires, physical possession of the last goods.
    4. To exercise the right of withdrawal, the Customer must inform PiezoMotor of the decision to withdraw from the Purchase Contract, either by an unequivocal statement (e.g. a letter sent by post or e-mail) or by filling out the Consumer Ombudsman’s official cancellation form (available by clicking here). The request to withdraw from the Purchase Contract shall be sent by post or e-mail to:
  1. PiezoMotor Uppsala AB
    Stålgatan 14
    754 50 Uppsala
    Sweden
    E-mail:
    info@piezomotor.se

    1. To meet the withdrawal deadline, it is sufficient for the Customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired. Upon receipt of the request to withdraw from the Purchase Contract, PiezoMotor will confirm receipt of the request by e-mail with instructions on how the Customer shall proceed to return the products (“Return Confirmation”).
    2. If the Customer withdraws from the Purchase Contract, PiezoMotor shall refund all payments received from the Customer, including the costs of delivery (with the exception of the supplementary costs resulting from the Customer’s choice of a type of delivery other than the least expensive type of standard delivery offered by PiezoMotor), without undue delay and in any event not later than 14 days from the day on which PiezoMotor is informed about the Customer’s decision to withdraw from the Purchase Contract. PiezoMotor will carry out such refunding using the same means of payment as the Customer used for the initial transaction, unless the Customer expressly has agreed otherwise; in any event, PiezoMotor may withhold reimbursement until PiezoMotor has received the returned products or the Customer has supplied evidence of having sent back the products, whichever happens first.
    3. The Customer shall return the products or hand them over to PiezoMotor without undue delay and in no event later than 14 days from the day on which the Customer communicates the withdrawal to PiezoMotor. This deadline is met if the Customer returns the products before the period of 14 days has expired. The Customer has to bear the costs of returning the products to PiezoMotor.
    4. The Customer is liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the products. PiezoMotor has the right to deduct such diminished value from the amount that is to be refunded to the Customer.
    5. The Customer does not have any right to withdraw from the Purchase Contract if:
    • the products are made in accordance with the Customer’s specifications, i.e. non- prefabricated products made on the basis of an individual choice of or decision by the Customer or are clearly personalized;
    • the Purchase Contract concerns sealed audio or sealed video recordings or sealed computer software, which were unsealed after delivery.
  1. Prices and dispatch costs
    1. The price for the products listed at the Online Shop are exclusive of VAT, cost for the Selected Carrier and other applicable delivery- and dispatch costs.
    2. PiezoMotor may change the price for the products available at the Online shop and/or the price for the carrier offered by PiezoMotor at any time and without prior notice. The price stated when finalizing an Order will apply to that Order.
    3. The costs for the Selected Carrier, together with VAT and other taxes, customs duties and other charges and levies are determined by the nature of the delivery and the address for delivery.
    4. In the Online Shop, the Customer receives an overview before finalizing the Order which states the price of the Purchase Contract, including delivery and dispatch costs and Swedish value added tax (“VAT”).

The following applies if the Customer is a legal entity:

    1. For deliveries outside of Sweden, the Customer may request billing to exclude VAT, customs duties and other charges. If such billing is approved by PiezoMotor, the Customer has full responsibility to pay such taxes or charges to the relevant authority. If any such claims are directed to PiezoMotor due to the Customer’s failure to pay such taxes and charges, the Customer shall indemnify PiezoMotor for all costs arising in regard to such a claim.
  1. Acceptable use
  1. The Customer may not use the Online Shop in any other manner than to review and purchase products and the purchased products may not be used in any other manner than their intended use. Neither the Online Shop nor the purchased products may be used to commit, or in any way support, a criminal or civil offence or to directly or indirectly cause damage to person or property.
  1. Payment
    1. Purchase Contracts can be paid by credit card or advance payment through bank transfer.
    2. Customers can apply for credit and, if credit is approved by PiezoMotor, PiezoMotor will invoice upon dispatch.
    3. Invoices must be paid within thirty (30) days of the date of the invoice. In the case of late payment, interest is charged in accordance with the Swedish Interest Act (1975:635) from the due date until the payment is received. If reminders to pay are issued, reminders fees may be charged with an amount stipulated in the Act (1981: 739) on Compensation for Collection-costs.
  2. Reservation of ownership
  1. The title of delivered products remain the property of PiezoMotor until the Customer has paid all outstanding invoices concerning the products.
  1. Warranty for Customers
  1. The following applies if the Customer is a consumer:
    1. PiezoMotor provides the statutory warranty of quality and title for all newly manufactured products for a period of three (3) years from the date of delivery. The customer has the following alternative rights under the warranty, PiezoMotor has the right to choose which alternative to offer the Customer in case of warranty claims:
  1. Remedy of defects or delivery of a replacement;
  2. Reduction of the purchase price; or
  3. Cancellation of the Purchase Contract.
    1. PiezoMotor can choose whether it wants to remedy the defects of the products or to deliver a replacement. A reduction in the purchase price and cancellation of the Purchase Contract can only be claimed after PiezoMotor has been given the opportunity to remedy defects and/or replace the product. The payment of damages instead of remedy of defects or delivery of a replacement is excluded.
    2. Warranty claims must be addressed to PiezoMotor by way of declaration to PiezoMotor’s customer service.
    3. PiezoMotor does not provide any warranties for defects deriving from improper use or from natural wear and tear, unless the Customer can prove that the defects resulted from misleading user instructions. PiezoMotor’s liability is excluded if any repairs or other manipulations are done by someone other than PiezoMotor or its authorized representatives.

Complaints:

    1. PiezoMotor shall be contacted at the following address if the Customer has any complaints regarding the products or the Online Shop:

Customer Service
PiezoMotor Uppsala AB
Stålgatan 14
754 50 Uppsala
Sweden
E-mail: info@piezomotor.se

  1. The following applies if the Customer is a consumer:
  2. The Customer can, in addition to contacting PiezoMotor, submit any complaints regarding the products or the Online Shop to:

ARN
Box 174
101 23 Stockholm
Sweden
E-mail: arn@arn.se

  1. Limitation of liability
    1. Unless intent or gross negligence is at hand, the amount for which PiezoMotor can be liable is limited to the average amount for the Purchase Contracts placed by the Customer, using the Online Shop, to PiezoMotor in the last twelve months, however never exceeding 100 000 SEK. PiezoMotor is never liable for indirect damages.
    2. These liability exclusions and restrictions do not apply where PiezoMotor has provided an explicit warranty of a quality, fraudulently concealed a defect, or accepted a guarantee. They also do not apply to loss or damage arising out of injury to life, body or health and where imperative provisions of the law apply, in particular product liability. Further, they do not apply to the extent contrary to mandatory laws.
  2. Data protection
    1. Any personal data received as part of information provided in the Online Shop and making available the products is processed in accordance with applicable data protection laws and as further specified in PiezoMotor’s privacy policy as updated from time to time.
  3. Intellectual Property
    1. The Customer shall immediately notify PiezoMotor of any third-party claim alleging that PiezoMotor’s products infringe third party intellectual property rights (patent, registered design, trademark, copyright or any other intellectual property). Provided the Customer presents such claim immediately and provided the customer grants PiezoMotor sole authority to defend or settle the case, PiezoMotor undertakes, at PiezoMotor’s expense, to defend the case, or come to a settlement, with the third party whose intellectual property rights have been allegedly infringed by the product.
    2. The Customer agrees that any information, drawings, know-how, specifications, designs, concepts, techniques, developments, inventions, technologies and other work products generated or developed attributable to products purchased by the Customer or to the Online Shop, and any intellectual property and other proprietary rights therein or thereto shall remain the property of PiezoMotor.
    3. The Customer acknowledges and agrees to that it must not under any circumstances, directly or indirectly via a third party (i) disassemble, decompile or otherwise reverse engineer the products or any part of the Online Shop or otherwise attempt to learn the construction, structure or ideas underlying the products or the Online Shop; or (ii) customize, modify, enhance or otherwise change the products or the Online Shop.
    4. The Online Shop may contain links to other websites. The websites that are linked to are owned and operated by other parties. PiezoMotor is not responsible for the availability or the content of these sites. A link available at the Online Shop is not an indication that PiezoMotor represents such third party or its website.
  4. Force Majeure
    1. If either Party is prevented from performing its obligations due to force majeure, the other Party may not impose any sanctions for this reason. However, if the impediment relates to the ability for the Customer to effect payments, PiezoMotor shall be entitled to withhold delivery of the product until payment has been provided. If the impediment to effecting payments lasts for more than four (4) weeks, PiezoMotor shall be entitled to cancel the purchase.
    2. The term “force majeure” means that performance is prevented, aggravated or delayed due to war, rebellion or riot, mobilization or unexpected call-up for military service of similar dimensions, requisition, seizure, currency restrictions, export or import restrictions, general scarcity of merchandise, shortage of transportation, labour dispute, natural disasters, epidemics, pandemics, infects, disease or quarantine, restrictions on fuel and power, fire, defects or delays in deliveries from sub-contractors due to any of the above, as well as any other circumstance beyond the reasonable control of the Party.
  5. Applicable law and place of jurisdiction
    1. The General Terms and Conditions and Purchase Contracts concluded on the basis of these General Terms and Conditions of shall be governed by Swedish law.
  1. The following applies if the Customer is a legal entity:
    1. Any dispute, controversy or claim arising out of or in connection with the General Terms and Conditions, 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”). The Rules for Expedited Arbitrations shall apply, and the Arbitral Tribunal shall be composed of one arbitrator.
    2. The seat of arbitration shall be Stockholm, Sweden.
  1. The following applies if the Customer is a consumer:
    1. Any dispute, controversy or claim arising out of or in connection with the General Terms and Conditions, or the breach, termination or invalidity thereof, shall be settled by the Swedish National Board for Consumer Disputes (ARN) or as applicable the equivalent institution.
  1. Customer service
  1. PiezoMotor can be contacted at the following address if you have any questions regarding our products or the Online Shop:

Customer Service
PiezoMotor Uppsala AB