1. Scope and Applicability
These General Terms and Conditions apply to all business relationships between us, QH-System AB, Pappersbruksvägen 6, 289 41 Broby, Sweden, and our customers (hereinafter “Customer”) based on orders placed through our online shop www.spillvac.com (hereinafter “Online Shop”).
The products offered in our Online Shop are directed exclusively at businesses, i.e. natural or legal persons or partnerships with legal capacity who act in the exercise of their commercial or independent professional activity when concluding the transaction, as well as legal entities under public law and special funds under public law. The Customer confirms this when placing the order in the Online Shop.
Our General Terms and Conditions apply exclusively. Deviating, conflicting or supplementary terms and conditions of the Customer only become part of the contract if and to the extent that we have expressly agreed to their application. This requirement of consent also applies if the Customer refers to their own terms and conditions when placing the order and we have not expressly objected to them.
2. Conclusion of Contract
Our offers in the Online Shop are non-binding.
By placing an order in the Online Shop, the Customer makes a binding offer to purchase the relevant product. Unless the order states otherwise, we are entitled to accept this offer within two weeks of receiving it.
After receipt of the offer, the Customer will promptly receive a confirmation of receipt, which does not constitute acceptance of the offer. The offer is only deemed accepted once we declare acceptance to the Customer (by e-mail) or dispatch the goods. The purchase contract with the Customer is only concluded upon our acceptance.
3. Prices and Payment
Our prices applicable at the time of conclusion of the contract apply, ex warehouse, plus statutory value added tax and, where applicable, delivery and shipping costs. Customs duties and similar charges are to be borne by the Customer.
The Customer can choose between various payment methods, which are displayed at checkout. In principle, we offer payment by credit card or via various payment service providers.
The Customer has no right of set-off or retention unless the counterclaim is undisputed or has been legally established.
4. Terms of Delivery, Transfer of Risk
Unless stated otherwise on the product page, the delivery time is generally five to eight business days (Monday to Friday) from the time the contract is concluded.
Unless expressly agreed otherwise, we determine the appropriate shipping method and the carrier at our reasonable discretion.
We are only obliged to hand the goods over to the carrier in due time and in proper condition, and are not responsible for delays caused by the carrier. Any shipping time we state (the period between handover by us to the carrier and delivery to the Customer) is therefore non-binding.
The risk of accidental loss, accidental damage or accidental destruction of the delivered goods passes to the Customer upon handover of the goods to the carrier.
5. Retention of Title
We retain ownership of the delivered goods until full payment has been made, insofar as such a retention of title is effective.
6. Warranty
We are not liable for defects attributable to circumstances that arise after the risk has passed to the Customer. Liability does not extend, for example, to defects resulting from improper use of the goods. It also does not extend to defects attributable to faulty maintenance or improper installation by the Customer, to modifications made without our written consent, or to faulty repairs by the Customer. Finally, liability does not extend to normal wear and tear or deterioration.
Our liability is limited to defects that occur within a period of one year from the date of delivery of the goods.
The Customer must examine the goods carefully immediately after receipt. The delivered goods are deemed approved by the Customer unless a defect is notified to us in writing (i) in the case of obvious defects, within five business days (Monday to Friday) after delivery, or (ii) within five business days (Monday to Friday) after the defect was discovered. If there is reason to believe that the defect may cause damage, this must be reported immediately. If it is not reported immediately, the Customer loses the right to claim for damage that would have been avoided had it been reported in time.
If the delivered goods are defective, we as seller have the choice of providing subsequent performance by remedying the defect (repair) or by delivering a defect-free item (replacement). If the type of subsequent performance chosen by us is unreasonable for the Customer in an individual case, the Customer may refuse it. However, we reserve the right to refuse subsequent performance under the statutory conditions. We are also entitled to make subsequent performance dependent on the Customer paying the purchase price due. However, the Customer is entitled to withhold a portion of the purchase price that is reasonable in relation to the defect.
The Customer must give us the necessary time and opportunity for the subsequent performance. In particular, the Customer must hand over to us, for inspection purposes, the item for which a defect is claimed. If we deliver a defect-free replacement, the Customer must return the defective item in accordance with the statutory provisions. The Customer has no claim to the return of the item, however.
We will reimburse the expenses necessary for inspection and subsequent performance (transport, labour and material costs and, where applicable, removal and installation costs) in accordance with the statutory provisions and these General Terms and Conditions, in the event that a defect exists. However, we may demand reimbursement from the Customer of costs incurred as a result of an unjustified request for remedy of a defect if the Customer knew or could have recognised that there was in fact no defect.
7. Liability
We are not liable (regardless of the legal basis) for damage that is typically not to be expected during normal use of the goods.
We are not liable for damage caused by negligence. This does not apply to damage resulting from injury to life, body or health, or from breach of cardinal obligations, i.e. obligations whose fulfilment is essential for the proper performance of the contract in the first place. This also applies to acts of our legal representatives, employees or agents. In this case, our liability is limited to compensation for the direct, foreseeable damage that typically occurs. This does not apply to damage resulting from injury to life, body or health.
The above limitations do not apply to our liability for guaranteed characteristics, where agreed, or under the Product Liability Act.
Claims against us arising from breach of contractual obligations become time-barred one year after the statutory start of the limitation period. This does not apply to claims based on intentional conduct on our part. In all other respects, liability is excluded.
8. Data Protection
We may only process and store data relating to the respective purchase contracts within the framework of the applicable statutory provisions. Details can be found in the Privacy Policy available on our website.
9. Governing Law, Arbitration
The purchase contract between us and the Customer is governed by the law of Sweden, subject to mandatory provisions of private international law, excluding the UN Convention on Contracts for the International Sale of Goods.
All disputes, controversies or claims arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (hereinafter “SCC”). The Rules for Expedited Arbitrations apply, unless the SCC, in its discretion and taking into account the complexity of the dispute, the amount in dispute and other circumstances, determines that the Arbitration Rules of the SCC apply. In the latter case, the SCC also decides whether the arbitral tribunal consists of a sole arbitrator or three arbitrators.
The seat of arbitration is Stockholm. The language to be used in the arbitral proceedings is English.