TERMS OF PURCHASE FOR THE WEB SHOP
These terms applies since 2019-03-01.
Background / Introduction
1. Purchase Terms
These Purchase Terms apply between the Customer who purchases the Product through the Service (“the Customer”) and EQuiCIBUS. The Customer only has the right to participate in the sale of the Product if the Customer accepts the Purchase Terms. A Customer must be 18 years or older to purchase Products. Purchases may not be made by persons under the age of 18 or who, for any other reason, have limited legal capacity or are temporarily or permanently suspended Customers.
1.1 Product description
The prices stated in the product description are determined by EQuiCIBUS for the sale of the Product. The information in the product description may be changed by EQuiCIBUS due to intervening circumstances. Any changes or additions are specified in the product description. In cases where a change can be considered significant for the Product, EQuiCIBUS reserves the right to remove the Product from sale and the Service, as well as the right to possibly re-introduce the Product with a new description.
1.2 Purchase of Product
The product is sold and paid for in the currency specified on the Platform. All fees associated with the product are stated, unless otherwise specified, in the same currency. The customer can purchase the product offered by EQuiCIBUS by entering the specified information for the purchase on the relevant product description page.
EQuiCIBUS is not responsible if the product is sold to another customer before the purchase process is completed. Such obstacles are communicated before the customer receives confirmation that the purchase has been completed.
1.3 Right of Withdrawal
If the buyer is a consumer, the buyer has the right of withdrawal in accordance with Swedish law (2005:59). However, the buyer does not have the right of withdrawal if an exception to the right of withdrawal in said law can be applied. The buyer shall notify EQuiCIBUS that the right of withdrawal is being exercised within the withdrawal period of fourteen (14) days from the day the buyer receives the purchased product in their possession or through an agent.
Notification of a withdrawn purchase shall include information about the purchase as well as the buyer’s customer name, and shall be provided to EQuiCIBUS via email to firstname.lastname@example.org. The buyer shall use the same email address that was registered with the purchase. The buyer can also use EQuiCIBUS’s withdrawal form for webshop (PDF).
After a purchase has been regretted, the Buyer shall at their own expense return the Product within fourteen (14) days. If the Product has been collected by the Buyer, the return shall be made directly to EQuiCIBUS. If the Buyer has chosen home delivery, the return shall be made to EQuiCIBUS from where the Product was purchased. Returns cannot be made cash on delivery. The Buyer is responsible for the risk of damage or loss of the Product and is obliged to package and handle the Product in such a way that it does not get damaged during transport.
Returned Products whose purchase is not covered by the right of withdrawal are kept by the Producer for collection by the Buyer. If the Product has not been collected within seven (7) calendar days, the Buyer will be charged a storage fee and/or the cost of transport. When EQuiCIBUS has received the Product, the amount paid will be refunded to the Buyer within fourteen (14) days, except for any depreciation of the Product caused by the Buyer handling the Product to a greater extent than necessary, any additional delivery costs incurred by the Buyer choosing a delivery method other than EQuiCIBUS’s standard delivery, and storage fees for the days that the Producer has kept the Product and which exceed seven (7) calendar days. Refunds to the Buyer will be made in the same form as the one used for the purchase.
For each individual Product sold, a sales commission applies, as stated in the current price list at any given time. It is the Customer’s responsibility to check the current price list published on the Service to find out what fees apply to the purchase of the Product. The Customer shall pay all fees related to the purchase, including statutory taxes. Payment of the purchase price shall be made at the time of purchase. Payment for the Feed Product shall be made according to the instructions provided through the Service and a receipt shall be obtained electronically.
Collection of the Product can only take place after full payment of the purchase price has been made. For Products that have not been collected within five (5) calendar days after the completed purchase, the Customer will be charged a storage and handling fee according to the current price list at any given time. For Products that have not been collected within eight (8) calendar days after the completed purchase, EQuiCIBUS has the right to resell, transfer to a storage/transportation company, or dispose of the Product. Reselling, transferring, and disposing of the Product in accordance with this clause shall be at the Customer’s expense and, where applicable, in accordance with the terms set out in clause 1.3 above.
1.6 Transfer of risk; liability for defects
The Product is considered delivered to the Customer either when the Customer has picked up the Product and taken possession of it, or when the Product has been handed over to a transporter contracted by EQuiCIBUS, depending on what happens first. The risk of the Product passes to the Customer when the Product has been handed over in accordance with what has been stated here.
ALL FEED PRODUCTS ARE SOLD AS IS. It is the responsibility of the Customer to carefully examine and assess the condition and quality of the feed product before purchasing it.
Information in the product listing regarding, for example, a feed product’s stated place of production, content, weight, quality, packaging or other condition of material importance is only indicative for the Customer’s examination of the feed product. If an essential item in the product listing is directly misleading, this may provide grounds for cancellation of the purchase. The feed producer is not responsible under any circumstances for damage to the feed product from the time the feed product has left the feed producer for further transport to the Customer. The feed producer disclaims responsibility for whether the description of the feed product in the feed product listing is exhaustive regarding quality, nutrient content, feeding recommendations and related feed product information.
The feed producer has the right to remedy defects in sold feed products for which the feed producer is liable. If the remedy is not carried out within a reasonable time after the complaint has been made, the Customer has the right to a price reduction or cancellation of the purchase, and upon return of the feed product with packaging, to receive the purchase price paid, which corresponds to the paid price plus commissions and taxes and other fees paid by the Customer.
Any defects in a product must be reported to EQuiCIBUS as soon as the Customer has noticed or should have noticed the defect. When making a complaint, the EQuiCIBUS complaint form (PDF) must be used and its instructions followed. If not all points on the complaint form are fulfilled, the Customer may be denied the complaint.
EQuiCIBUS is not responsible for direct or indirect damage that may affect the Customer. The Producer is not responsible for direct or indirect damage that may affect the Customer through the use of the Service, such as damage due to downtime or other disruptions in telecommunication, computer, or other communication connections, computer equipment, data systems, software, or errors or inadequate compatibility between computers or any other cause beyond EQuiCIBUS’s control. EQuiCIBUS is also not responsible for errors or damage related to the improper or unauthorized use of the Customer’s customer number or password. However, the above does not apply if gross negligence or intent is present. This disclaimer does not limit EQuiCIBUS’s liability under mandatory legislation.
1.8 Force majeure
EQuiCIBUS is not responsible for any loss incurred by the Customer if EQuiCIBUS has been unable to fulfill certain obligations under the Terms of Purchase due to acts of war, labor disputes, government action, fire or other accident or circumstances beyond the control or foresight of the Feed Producer. Both parties have the right to terminate the purchase if EQuiCIBUS has been unable to fulfill certain obligations under these Terms of Purchase due to force majeure that lasts for more than three (3) months.
Messages from EQuiCIBUS to the Customer can be found on the Platform and/or sent to the email address that the Customer registered in connection with the purchase in the Service. Notices to EQuiCIBUS should be sent in the manner specified in the Service.
1.10 Amendment of the Purchase Terms
EQuiCIBUS has the right to amend these Purchase Terms by sending a notice to the Customer or by providing notice of the amendment in the Service. The Customer will be bound by the new Purchase Terms after the expiration of 30 days thereafter, if the Customer continues to use the Service, or if required, by the Customer’s electronic acceptance. EQuiCIBUS also has the right, after notice, to change the price list. Changes to the price list will take effect 30 days after the notice of the amendment was sent to the Customer or provided in the Service.
1.11 Applicable Law and Dispute
Swedish law applies to these Purchase Terms. In the event that the Customer is a legal entity, the United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Purchase Terms. Disputes concerning the validity, interpretation, applicability, or compliance with these Purchase Terms, as well as legal relationships arising therefrom, shall be resolved in a general court. If the Customer is a consumer, the dispute can also be brought before the National Board for Consumer Complaints (ARN). Customers who are legal entities shall bring disputes to the Lund District Court as the first instance.