Introduction
This purchase is regulated by the following standard sales terms for consumer purchases of goods over the internet. Consumer purchases on the internet are primarily regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Act, the Right of Withdrawal Act, and the E-Commerce Act, which grant consumers inalienable rights. These laws are available at www.lagrummet.se. The terms of this agreement should not be understood as limiting the statutory rights but rather establish the main rights and obligations of the parties involved in the transaction.
The sales terms are prepared and recommended by the Consumer Agency. For a better understanding of these sales terms, see the Consumer Agency’s guidance here.
1. The Agreement
The agreement consists of these sales terms, information provided in the ordering solution, and any specially agreed conditions. In case of a conflict between the details, the specially agreed conditions between the parties take precedence, as long as they do not contravene mandatory legislation.
The agreement will also be supplemented by relevant legal provisions that regulate the purchase of goods between traders and consumers.
2. The Parties
The seller is:
NORDIC ELECTROLYTES, Sandsborgsvägen 50, 122 33 Enskede, Sweden
hey@drinksalte.com
Org. nr 559449-0509, and is hereinafter referred to as the seller.
The buyer is the consumer who places the order, and is hereinafter referred to as the buyer.
3. Price
The stated price in SEK, DKK, or EUR (depending on the country of purchase) for the goods and services is the total price the buyer must pay. This price includes all taxes and additional costs. Any additional costs not informed by the seller before the purchase shall not be borne by the buyer.
4. Contract Formation
The agreement is binding for both parties when the buyer has sent their order to the seller.
However, the agreement is not binding if there are typographical or clerical errors in the offer from the seller in the online store’s ordering solution or in the buyer’s order, and the other party realized or should have realized that such an error existed.
5. Payment
The seller may demand payment for the goods from the moment they are sent from the seller to the buyer.
If the buyer uses a credit or debit card for payment, the seller can reserve the purchase amount on the card upon ordering. The card is charged the same day the goods are dispatched.
For payment by invoice, the invoice is issued to the buyer upon dispatch of the goods. The payment deadline is stated on the invoice and is at least 14 days from receipt.
Buyers under 18 years of age cannot pay with a subsequent invoice.
6. Delivery
Delivery is considered completed when the buyer, or their representative, has taken possession of the item.
If no delivery time is stated in the ordering solution, the seller must deliver the goods to the buyer without undue delay and no later than 30 days after the customer’s order. The goods shall be delivered to the buyer unless otherwise agreed between the parties.
7. Risk for the Goods
The risk for the goods passes to the buyer when he, or his representative, has received the goods delivered according to point 6.
8. Right of Withdrawal
Unless the agreement is exempt from the right of withdrawal, the buyer can cancel the purchase of the goods according to the Right of Withdrawal Act.
The buyer must notify the seller of the use of the right of withdrawal within 14 days from the start of the withdrawal period. The period includes all calendar days. If the period ends on a Saturday, public holiday, or other non-working day, it is extended to the nearest working day.
The withdrawal period is considered met if the notice is sent before the end of the period. The buyer bears the burden of proof for the exercise of the right of withdrawal, and the notice should therefore be made in writing (withdrawal form, email, or letter).
The withdrawal period starts running:
– For the purchase of individual goods, the withdrawal period starts the day after the goods have been received.
– For subscriptions or agreements involving regular delivery of identical goods, the period starts the day after the first shipment is received.
– For purchases consisting of several deliveries, the period will run from the day after the last delivery is received.
The withdrawal period is extended to 12 months after the end of the original period if the seller has not informed the buyer of the right of withdrawal and the standardized withdrawal form before the conclusion of the contract. The same applies if there is a lack of information about conditions, deadlines, and procedures for exercising the right of withdrawal. If the trader provides the information during these 12 months, the withdrawal period still ends 14 days after the day the buyer received the information.
When exercising the right of withdrawal, the goods must be returned to the seller without undue delay and no later than 14 days from the notice of the right of withdrawal being given. The buyer covers the direct costs of returning the goods unless otherwise agreed or the seller has failed to inform that the buyer should cover the return costs. The seller cannot charge a fee for the buyer’s use of the right of withdrawal.
The buyer can examine or test the goods in a reasonable way to determine the nature, properties, and function, without the right of withdrawal being lost. If the examination or testing of the goods goes beyond what is reasonable and necessary, the buyer may be liable for any diminished value of the goods.
The seller is obliged to refund the purchase amount to the buyer without undue delay and no later than 14 days from the day the seller received notice of the buyer’s decision to exercise the right of withdrawal. The seller has the right to withhold the payment until he has received the goods from the buyer or until the buyer has provided documentation that the goods have been returned.
9. Delay and Non-Delivery – Buyer’s Rights and Deadline to Make Claims
If the seller does not deliver the goods or delivers them late according to the agreement between the parties, and this is not due to the buyer or circumstances on the buyer’s side, the buyer can, according to the rules in the Consumer Purchases Act Chapter 5, depending on the circumstances, withhold the purchase amount, demand fulfillment, cancel the agreement, and/or claim compensation from the seller.
For claims concerning breach of contract, the notification should for evidence purposes be in writing (for example, by email).
Fulfillment
The buyer can uphold the purchase and demand fulfillment from the seller. However, the buyer cannot demand fulfillment if there is an obstacle that the seller cannot overcome, or if fulfillment would entail such a significant inconvenience or cost for the seller that it stands in substantial disproportion to the buyer’s interest in the seller fulfilling the agreement. Should the difficulties cease within a reasonable time, the buyer can still demand fulfillment.
The buyer loses their right to demand fulfillment if they wait an unreasonably long time to make the claim.
Cancellation
If the seller does not deliver the goods at the delivery time, the buyer must urge the seller to deliver within a reasonable additional period for fulfillment. If the seller does not deliver the goods within the additional period, the buyer can cancel the purchase.
The buyer can, however, cancel the purchase immediately if the seller refuses to deliver the goods. The same applies if delivery at the agreed time was crucial for the conclusion of the agreement, or if the buyer has informed the seller that the delivery time is crucial.
If the item is delivered after the additional period set by the consumer or after the delivery time that was crucial for the conclusion of the agreement, claims for cancellation must be made within a reasonable time after the buyer became aware of the delivery.
Compensation
The buyer can claim compensation for losses due to the delay. However, this does not apply if the seller proves that the delay is due to an obstacle beyond the seller’s control that could not reasonably have been taken into account at the time of the agreement, avoided, or overcome the consequences of.
10. Defects in the Goods – Buyer’s Rights and Complaint Deadline
If there is a defect in the goods, the buyer must within a reasonable time after it was discovered or should have been discovered, notify the seller that they want to invoke the defect. The buyer has always complained in time if it is done within 2 months from the defect was discovered or should have been discovered. Complaints can be made no later than two years after the buyer took over the goods. If the goods or parts of them are meant to last significantly longer than two years, the complaint period is five years.
If the goods have a defect and this is not due to the buyer or circumstances on the buyer’s side, the buyer can, according to the rules in the Consumer Purchases Act Chapter 6, depending on the circumstances, withhold the purchase amount, choose between rectification and replacement, demand a price reduction, demand the agreement to be canceled, and/or demand compensation from the seller.
Complaints to the seller should be made in writing.
Rectification or Replacement
The buyer can choose to demand that the defect be rectified or delivery of an equivalent item. However, the seller can oppose the buyer’s claim if the implementation of the claim is impossible or causes the seller unreasonable costs. Rectification or replacement must be carried out within a reasonable time. The seller generally does not have the right to perform more than two correction attempts for the same defect.
Price Reduction
The buyer can demand a suitable price reduction if the goods are not rectified or replaced. This means that the ratio between the reduced and the agreed price corresponds to the ratio between the value of the items in defective and contractual condition. If there are special reasons, the price reduction can instead be set equal to the defect’s significance for the buyer.
Cancellation
If the goods are not rectified or replaced, the buyer can also cancel the purchase when the defect is not insignificant.
11. Seller’s Rights in Case of Buyer’s Breach of Contract
If the buyer does not pay or fulfill the other obligations according to the
agreement or the law, and this is not due to the seller or circumstances on the seller’s side, the seller can, according to the rules in the Consumer Purchases Act Chapter 9, depending on the circumstances, withhold the goods, demand fulfillment of the agreement, demand the agreement to be canceled, and/or claim compensation from the buyer. The seller can also, depending on the circumstances, demand interest for late payment, collection fee, and a reasonable fee for uncollected goods.
Fulfillment
The seller can uphold the purchase and demand that the buyer pays the purchase amount. If the goods are not delivered, the seller loses their right if they wait an unreasonably long time to make the claim.
Cancellation
The seller can cancel the agreement if there is a significant payment breach or other significant breach of contract by the buyer. However, the seller cannot cancel if the entire purchase amount is paid. If the seller sets a reasonable additional period for fulfillment and the buyer does not pay within this period, the seller can cancel the purchase.
Interest for Late Payment/Collection Fee
If the buyer does not pay the purchase amount according to the agreement, the seller can demand interest on the purchase amount according to the Interest Act. In case of non-payment, the claim can, after prior notice, be sent to collection. The buyer can then be held responsible for a fee according to the Collection Act.
Fee for Uncollected Non-Prepaid Goods
If the buyer fails to collect unpaid goods, the seller can charge the buyer a fee. The fee should at most cover the seller’s actual expenses for delivering the goods to the buyer. Such a fee cannot be charged to buyers under 18 years of age.
12. Warranty
A warranty provided by the seller or manufacturer gives the buyer rights beyond those the buyer already has under inalienable legislation. A warranty does not limit the buyer’s right to complaints and claims for delays or defects according to points 9 and 10.
13. Personal Data
The responsible party for the collected personal data is the seller. Unless the buyer consents otherwise, the seller, in accordance with the Personal Data Act, can only collect and store the personal data necessary for the seller to fulfill the obligations according to the agreement. The buyer’s personal data will only be disclosed to others if it is necessary for the seller to complete the agreement with the buyer, or in statutory cases.
14. Dispute Resolution
Complaints should be directed to the seller within a reasonable time, cf. points 9 and 10. The parties should try to resolve any disputes amicably. If this is not successful, the buyer can contact the Consumer Agency for mediation. The Consumer Agency is available by phone at 0771-42 33 00 or www.konsumentverket.se.
The European Commission’s complaint portal can also be used if you want to submit a complaint. This is particularly relevant if you are a consumer residing in another country.
