General terms and conditions for purchases via B2B IT-PARTNER´S website
These general term and conditions shall be applicable as of October 2015 and replaces any previous general terms and conditions published by B2B IT-PARTNER. B2B IT-PARTNER reserves itself a right to amend these general terms and conditions, prices and other information published at B2B IT-PARTNER’s website without prior notification.
These general terms and conditions shall be applicable between B2B IT-PARTNER AB, reg. no 556593-0996, Box 1018, 171 21 Solna (”B2B IT-PARTNER”) and business customer (“Customer”) when the Customer purchases a product via B2B IT-PARTNER´s website. These general terms and conditions constitute an integral part of the agreement entered into between the Customer and B2B IT-PARTNER regarding such products (the “Agreement”). By purchasing a product via B2B IT-PARTNER´s website, the Customer agrees to these general terms and conditions.
2. Prices, fees and invoicing
The products presented at B2B IT-PARTNER’s website constitute B2B IT-PARTNER’s ordinary line of goods. The prices published at the website are stated in SEK and are exclusive of VAT and costs for carriage. The prices are updated in real time.
The Customer shall pay the price stated at the time of order or as otherwise stated in the Agreement. If the Customer is a listed company, state agency, municipality or county council, payment shall be made in arrears against an invoice. The invoice shall be paid no later than 30 days from the date of invoice. For all other Customers payment shall be made against invoice subject to a customary complete and approved investigation of creditworthiness. The invoice shall be paid no later than 10 days from the date of invoice. If an investigation of creditworthiness has not been approved, payment shall be made in advance. B2B IT-PARTNER reserves the right to deny any such orders until the payment in advance has been made.
Upon overdue payment, the Customer shall be obliged to pay interest according to the Swedish Interest Act (SFS 1975:635), including statutory reminder fees and where applicable collection fees. If the Customer is in delay with payment, B2B IT-PARTNER is, after written notice to the Customer, entitled to withhold delivery or part of the delivery until the Customer has paid in full. If the Customer is late with payment and the Customer has not within 30 days from when B2B IT-PARTNER informed the Customer to pay the amount due paid in full, B2B IT-PARTNER is, after written notice to the Customer, entitled to terminate the Agreement in whole or in part regarding at the time ordered but undelivered products.
The Customer will be charged a fee amounting to SEK 250 excluding VAT for unclaimed packages.
Costs for carriage will be added on every order. The cost will be shown on B2B IT-PARTNER’s website. Information regarding costs for bulky or heavy deliveries and freight shipment will be provided separately.
4. Delivery and late delivery
Delivery shall be made by hired transporter or courier service. The risk in respect of products passes to the Customer upon the date when the products have been handed over to the carrier.
Unless otherwise agreed, ordered products shall be delivered to the Customer’s delivery address. In case the Customer’s delivery address is a P.O. Box or includes a P.O. Box number, or if delivery to the Customers delivery address for some other reason is not possible, the products shall be delivered to a delivery desk at the local post office or equivalent. The date of delivery is the day when ordered products are delivered to the Customer or, respectively, to the delivery desk at the relevant post office (“Date of delivery”). If the delivery is delayed with more than thirty (30) days and the delay is caused by a circumstance for which B2B IT-PARTNER is responsible, the Customer is entitled to terminate the purchase by notifying B2B IT-PARTNER in writing. B2B IT-PARTNER is not responsible for any delay caused by the Customer or the carrier.
5. Sales returns
Right to sales returns equals a right for the Customer to, in accordance with what is set out in this section 5, return a product irrespective of whether or not there is a defect in the product. The Customer is only entitled to return products included in B2B IT-PARTNER´s ordinary line of goods.
Return of products will only be accepted if the following requirements are fulfilled:
a) the request to make a return shall be made by the Customer to B2B IT-PARTNER within ten (10) business days from the Date of delivery;
b) the relevant product is returned unbroken and sealed in its original packaging. It shall further be returned in an unused condition with all components and accessories intact and free from dirt, marks and damages; and
c) the request to make a return has been approved by B2B IT-PARTNER in its discretion.
When a request for making a return has been approved by B2B IT-PARTNER, the Customer is provided with a return number, which the products shall be marked with, and the products shall be returned in its original packaging with all accessories within five (5) business days from such approval. Costs for the return freight shall be paid by the Customer. In case the product, upon B2B IT-PARTNER’s receipt, is approved for return by B2B IT-PARTNER, repayment shall be made by crediting an amount corresponding to the lowest of the current list price and the invoiced price for the relevant product. An incomplete or incorrect return will be sent back to the Customer at the Customer’s own expense. The risk for the returned products shall be transferred to B2B IT-PARTNER when the product has been received by B2B IT-PARTNER.
6. Liability for defects and complaints
A product is defect if it deviates from what is stated regarding the qualities of the product on B2B IT-PARTNER’s website or in other written information provided by B2B IT-PARTNER regarding the products. A product is not defect if the deviation(s) is of no relevance for the product’s intended use or only cause minor inconvenience for the Customer.
The Customer shall upon receiving the products inspect them. Complaints regarding defect in a product shall be made to B2B IT-PARTNER within ten (10) business days from the Date of delivery if the defect existed at the time of delivery. If B2B IT-PARTNER accepts the defect, the Customer shall be provided with a return number which the product shall be marked with and returned to B2B IT-PARTNER in accordance with section 5 above.
If a defect occurs later, the complaint shall be made no later than ten (10) business days after the discovery of the defect or when the defect should have been discovered by the Customer, and however no later than 12 months from the Date of delivery. If a claim has not been made within such period of time, the Customer loses its right to make such claim.
With exception to what has been stated above in this section 6, complaints due to missing product(s) in a delivery or other defects such as type or quantity, shall be made to B2B IT-PARTNER within five (5) business days from the Date of delivery. An incomplete or incorrect complaint will be returned to the Customer at the Customer’s own expense. Any carrier damages due to defective packaging will be charged the Customer.
If the product upon receipt by B2B IT-PARTNER is accepted due to complaint, B2B IT-PARTNER is responsible for defects in the product in accordance with each manufacturer’s liability for defects. If the product contains a defect, B2B IT-PARTNER shall upon its own choice, and with the restrictions mentioned above, remedy the defect by repair, replacement or refund the purchase price to the Customer. B2B IT-PARTNER´s liability for defects in the product is limited to what has been stated above and the Customer is not entitled to claim anything else from B2B IT-PARTNER with regard to the defect.
7. Contact information
In all matters regarding delivery, requests for return, complaints, warranties or similar, the Customer shall contact B2B IT-PARTNER by telephone or email (addresses provided on the website). In all contacts with B2B IT-PARTNER, order number and invoice number and any possible ground for the complaint should be presented by the Customer.
8. Documentation and installation
Upon delivery of a product, customary documentation regarding use of the product, e.g. manuals or other instructions, are included. Such documentation shall be provided in Swedish or English. Unless otherwise agreed, the Customer is responsible for installation of the ordered products.
If software is included in the delivery, the Customer shall comply with applicable license terms for such software. Applicable license terms are provided with the product upon delivery and it is the Customer’s responsibility to read these. If the Customer does not accept the provided license terms, the Customer shall exercise its right to return the product in accordance with section 5 above. If such return is not made the Customer shall be deemed to have accepted the terms and be obliged to adhere to such terms and conditions. B2B IT-PARTNER shall in no event be responsible for the security or functionality of the software, and the Customer shall refer to the licensor with any potential claims regarding deficiencies in the software.
10. Export restrictions
Certain products in B2B IT-PARTNER´s line of goods may be subject to export restrictions. The Customer is responsible for keeping itself informed about such restrictions and to comply with any relevant export restrictions. The Customer shall indemnify and hold B2B IT-PARTNER harmless in case of breach against this section 10.
11. Force majeure
Each party shall be relieved from liability for damages for a failure to perform any obligation under this Agreement to the extent that the due performance is prevented by reason of any circumstance beyond the control of the party, such as labor disputes, fire, government regulations or intervention, and defects or delays in deliveries by sub-contractors caused by any such circumstances referred to in this section.
12. Personal data
B2B IT-PARTNER will upon Customer’s purchase of products on the website process personal data regarding the Customers c*ontact persons. B2B IT-PARTNER is the controller of the personal data provided by the Customer. Personal data are stored and used by B2B IT-PARTNER for the purpose of fulfilling its obligations towards the Customer under the Agreement and for marketing purposes. The Customer hereby confirms that it has notified relevant contact persons about B2B IT-PARTNER´s processing of personal data and that the Customer has received consent from such contact persons for such processing of personal data.
13. Limitation of liability
B2B IT-PARTNER’s liability towards the Customer for property damages and personal injuries caused by delivered products shall for each loss incurred be limited to an amount corresponding to five base amounts; and for each calendar year ten base amounts. Base amount refers to the base amount (Sw: basbelopp) applicable at the time when the damage occurred in accordance with the Swedish Social Insurance Act (SFS 2010:110).
For all other claims than those mentioned in the foregoing paragraph the following shall apply. B2B IT-PARTNER shall under no circumstances be liable for any indirect damage or resulting damage such as, but not limited to, loss of profits, reduced production, sales or revenues, impediments to the performance of obligations to third parties, or loss of benefit of the agreement. B2B IT-Partner shall not be liable for any losses due to impossibility or difficulties to use the products or information, or loss of data.
B2B IT-PARTNER total liability for any damages, loss, indemnification amounts or otherwise to compensate the customer arising out of, resulting from or in relation to B2B IT-PARTNER’s performance, or any failure to perform, of any obligation hereunder regardless of whether the basis for the claim is in contract, in tort or on any other legal ground, shall in no event exceed the contract value for the ordered value of the ordered product giving rise to the claim.
The above mentioned limitations of liability shall not be applicable if the Customer can demonstrate that the damage was caused intentionally or by gross negligence by B2B IT-PARTNER.
B2B IT-PARTNER is entitled to assign the right to receive payment under this Agreement to another party without the prior consent of the Customer. Except from what has been stated above, neither party may assign this Agreement and/or its rights and obligations hereunder, unless the other party has agreed thereto in writing.
If any provision of this Agreement or part thereof is invalid, it shall not affect any other provision of this Agreement, but shall, to the extent the invalidity substantially affects party’s performance under the Agreement, be construed as if it had never been contained herein.
16. Amendments and addendums
Amendments and addendums to this Agreement shall be made in writing and signed by both parties. Amendments and addendums to this Agreement may only be invoked towards the other party, on condition that the other party has approved such amendment or addendum.
17. Governing law and dispute resolution
This Agreement shall be construed in accordance with and be governed by the substantive laws of Sweden. Any dispute arising out of or in connection with this Agreement shall be settled exclusively by the district court in Stockholm as the court of first instance.