Active Mamas Terms of Purchase
Updated Oct 10, 2018
General terms of sale
Active Mama c / o GERLA AB, corporate ID 556666-1400 operates the site activemamago.com including subdomains and individual web pages (commonly called “Website”). Active Mama has the address Lenngrensgatan 2D, SE-254 39 Helsingborg, Sweden and can be reached easily via +46 723 98 33 33 and firstname.lastname@example.org.
1.1 These Terms and Conditions (“Terms”) apply when you make an order through the Website as a Consumer (“Customer”). The terms are only applicable to Customer who is a consumer and who makes orders through the Website.
1.2 In order to order on the Site, the Customer must be 18 years old and have an address in the European Union. Active Mama reserves the right, in individual cases, to deny or change a Customer’s order (as stated below in the Agreement and Order section).
1.3 Active Mama reserves the right to end sales and any image and writing errors on the Site, such as errors in product description or technical specification, incorrect prices or incorrect information that a product is in stock. Active Mama is entitled to correct any errors, and to modify or update the information on the Site at any time.
- Agreement and Order
2.1 In order to make a purchase through the Website, the Customer must accept the Terms. By the Customer making an order on the Site, the Customer thereby accepts the Terms.
2.2 When the Customer has placed an order, a purchase agreement between the Customer and Active Mama is made. Active Mama then sends an order confirmation to the e-mail address specified by the Customer when ordering. Customer should save this order confirmation and for any contacts with Active Mama Customer Service. The customer may revoke her order until confirmed by Active Mama and any payments made by the Customer or its payment- or credit card company in respect of the order will be refunded.
2.3 Active Mama reserves the right to cancel an order containing incorrect personal information or if the Customer a record of non-payment.
2.4 If any errors in price, delivery time or other circumstances would arise, Active Mama has the right to change this in retrospect. Should this occur, Active Mama will contact the Customer and inform about this. In such cases, the customer is entitled to either change or cancel her order. Active Mama awaits Customer’s acceptance of the changed terms before Active Mama continues with the order.
- Customer information, etc.
3.1 When the Customer will make an order, the Customer will be asked to provide certain personal information. The customer confirms that the information entered by the Customer is accurate and complete and is responsible for incorrectly completed information.
3.2 Active Mama handles personal information in accordance with the applicable Personal Data Act and in accordance with the Active Mamas Integrity Policy for the Site (see item 1.4 above).
- Prices, Fees and Payment
4.1 When ordering through the Website, the prices stated on the Website are valid. Prices are in Swedish Kronor and are inclusive of VAT. Prices do not include payment, shipping and invoice fees or the like, which may be added and stated separately.
4.2 Active Mama reserves the right for any printing or writing errors regarding price. In case of price adjustments on orders, the Customer will always be informed of this and will be entitled to change or cancel her order.
4.4 Active Mama is entitled to charge the Customer already in connection with the order, unless invoice payment or other similar payment method has been chosen by the Customer. In case of invoice payment or instalment, Active Mama or the payment solution provider can request credit information. In case of late or non-payment, late payment is charged by law, in addition, the Customer is obliged to pay compensation for a written payment reminder.
- Promotions and offers
5.1 Active Mama may occasionally offer promotions on the Site. For such promotions, other terms may apply beyond the terms of these Terms. Campaign terms apply as long as the campaign is active and for the specific items included in the campaign. Active Mama reserves the right to terminate such campaigns at any time. Special offers on specific products on the Site are valid for a limited period, however, as long as the stock is sufficient.
Delivery and transportation
6.1 Items in stock are usually shipped within the number of working days stated on the Site.
6.2 Active Mama does it’s best to deliver as quickly as possible, but sometimes unexpected delays can occur. Active Mama therefore does not guarantee delivery to a certain day and always reserves for delays. The expected delivery time of the item is shown in the order confirmation, at checkout and / or on the relevant product page on the website. If a product cannot be delivered on time, Active Mama sends an e-mail with information to the Customer. If a product is not in stock or, for some reason, cannot be delivered, that item will be cancelled from the order and any payments made by the Customer or its payment or credit card company in respect of the order will be refunded.
6.3 Packages shall be collected by Customer within the time specified in the notice. Packages should normally be collected personally with valid ID and order number. The customer always receives a notification that shows where and when packages should be retrieved. Notification can be via SMS, regular mail, e-mail or phone call. For non-collected packages, Active Mama reserves the right to charge the Customer for return, handling and handling fees.
6.4 In some parts of Norrland and Gotland, delivery takes place with one day’s delay, which is not included in the estimated delivery time. This is for example certain places with zip codes starting from 82-84, 86-89 and 91-98.
- Right of withdrawal
7.1 When purchasing goods on the Website, 14 days of withdrawal is always valid in accordance with applicable consumer protection legislation. This means that the Customer is entitled to withdraw her purchase by notifying this within 14 days of receipt of the Customer’s or Customer’s Order (“Refusal Deadline”).
7.2 The right of withdrawal does not apply to (i) goods made according to the instructions of the Customer or which have otherwise been customized, or (ii) goods with which cannot be returned for health or hygiene reasons and the seal has been broken by the Customer.
7.3 In connection with an order for goods for which no right of withdrawal is applicable, the Customer will receive clear information about this. If a product has been sealed, Customer may not break the seal if she later wishes to exercise her right of withdrawal. The right to withdrawal is therefore terminated if the Customer breaks the seal.
7.4 If Customer wishes to regret a purchase made through the Website, the Customer shall, before the expiration date of the withdrawal right, send a clear message to Active Mama with the following information:
The customer must enter order number and which item the Customer wishes to withdraw her purchase of, her name, address and other contact details. The customer may also use the cancellation form for the exercise of the right to withdraw from the Consumer Agency, which is available on the Consumer Agency website.
Active Mama will then by e-mail confirm that Active Mama has received Customer’s decision to exercise the right of withdrawal.
7.5 When exercising the right of withdrawal, the Customer pays the return charge and is responsible for the condition of the goods as well as the return shipping. The item must be shipped in return to Active Mama within 14 days from the date the withdrawal notice was submitted to Active Mama. The product should be shipped well packaged, undamaged, in good condition and in original carton.
Returns must be made to Active Mama in the manner Active Mama communicated in confirming the Customer’s decision to exercise the right of withdrawal.
7.6 If the Customer withdraws her purchase, the amount paid by the Customer for the goods will be returned to the Customer, including any delivery costs associated with the purchase. Exceptions apply to any additional shipping costs as a result of the Customer choosing a different delivery method than the standard delivery provided by Active Mama. When returning part of order, no delivery fee is refunded. On the amount to be refunded, Active Mama is entitled to deduct a sum corresponding to the value’s depreciation of the product in relation to the original value of the goods, if and to the extent that such depreciation is due to the Customer having handled the goods to a greater extent than is necessary to determine its properties or function.
7.7 Active Mama will refund the amount as soon as possible and no later than 14 days from the date the Customer’s withdrawal notice was received. Active Mama may, however, wait for the refund until Active Mama has received the item or Customer has shown that the item has been returned. The refund will be made to the Customer via the payment option chosen by the Customer, provided that nothing else is agreed or that there are obstacles to such a refund.
- Warranty and complaint
8.1 Some of Active Mama’s products may be subject to a warranty that is more favourable than the Customer’s rights under applicable consumer protection laws. Information about the warranty period and the special warranty terms for such product is given in the product description of the product in such cases.
Warranty covers only original manufacturing defects, and not errors resulting from a change in the function and appearance of the product, appearance, accident, neglect, maintenance and service instructions as well as normal wear and tear.
8.2 The right of complaint under current consumer protection legislation covers goods that are incorrect in accordance with current consumer protection legislation. Customer who wishes to make a complaint regarding the ordered product order should contact Active Mama Customer Service and provide notice of the defect within a reasonable time after the Customer noticed or should have noticed the fault (complaint). Complaints made within two months after the Customer noticed the error is deemed to have been submitted in due time. The customer has three years’ right to claim goods purchased on the Site, but the error must always be reported within the time specified above after the Customer has noticed or should have noticed the error. An error occurring within six months of receipt of the goods by the Customer is deemed to have existed upon receipt of the goods, unless otherwise stated or incompatible with the nature of the goods or the defect.
8.3 Active Mama is responsible for return shipping for approved claims.
8.4 Once the faulty product has been returned and the complaint is approved, Active Mama will compensate the Customer in accordance with applicable consumer protection legislation. Active Mama strives to do this within 30 days of receiving the faulty product but it may take longer depending on the nature of the product. Active Mama reserves the right to deny a complaint if it appears that the product has no fault according to the current consumer protection legislation. In case of complaints, Active Mama follows guidelines from the General Complaints Board. More information is available at: www.konsumentverket.se and www.arn.se
- Changes to the Terms
9.1 Active Mama reserves the right, at any time and at its discretion, to make changes to these Terms without prior notice. When Active Mama changes these Terms, Active Mama will make the new Terms available on the Site. Changes are valid from Customer’s acceptance of the Terms (in conjunction with a new purchase or visit to the Site), or 30 days after Active Mama has informed Customer of the changes. Active Mama recommends that the Customer keep up to date on the Site regularly to be aware of any changes to the Terms.
9.2 However, for each purchase made by the Customer, the Terms and Conditions apply when the Customer made the order.
10.1 Should any provision of these Terms or any part thereof be judged invalid or unenforceable by law, this shall not mean that the Terms as a whole are invalid. Instead, reasonable adjustment of the invalid provision shall be made in order to be enforceable and enforceable to the extent permitted by applicable law.
- Applicable law and dispute
11.1 Disputes shall first and foremost be resolved in agreement after discussion with Active Mama Customer Service. In case of a dispute, Active Mama will take decisions from the National Board for Consumer Disputes (ARN)., www.arn.se, the General Advertising Board, Box 174, 101 23 Stockholm.
11.2 Disputes relating to the interpretation or application of these Terms shall be interpreted in accordance with Swedish law and decided by the General Complaints Board or at the latest by the General Court.
11.3 The customer may, however, decide that a dispute will instead be settled through an alternative dispute settlement procedure. Complaints are submitted either to the General Complaints Board, www.arn.se, Allmänna Reklamationsnämnden, Box 174, 101 23 Stockholm, or on the online platform (ODR) http://ec.europa.eu/odr. More information about alternative dispute settlement procedures is available on the online platform (ODR). Active Mama accepts that a dispute is reviewed by the alternative dispute resolution bodies authorized to handle the complaint. In case of dispute, Active Mama follows decisions from the alternative dispute settlement body.