Terms and conditions
Terms and conditions
The following general terms and conditions apply to all supplies of services and products by Mosamia.
ARTICLE 1 - DEFINITIONS
For the purposes of these conditions, the following definitions shall apply:
Reflection period: the period within which the Consumer can exercise his right of withdrawal;
Consumer: the natural person not acting in the exercise of a profession or business and who concludes a distance contract with the Entrepreneur;
Day:calendar day;
Durable data carrier: any means enabling the Consumer or the Entrepreneur to store information addressed to him personally, in a manner allowing future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the withdrawal period;
Entrepreneur: natural or legal person offering goods and/or services at a distance to consumers;
Distance contract: a contract whereby, within the framework of a system organised by the entrepreneur for the distance marketing of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
Means of distance communication: means which may be used to conclude a contract without the consumer and the entrepreneur being simultaneously present in the same area.
ARTICLE 2 - COMPANY IDENTITY
Mosamia is part of Quadat, with its registered office in Sweden at the following address:
Sundängsvägen 8, 68395 Sunnemo. Our organisation number is @following@
Mosamia can be reached on telephone number: +46 (0)70 4446432 +31 (0)6-28703750 or by e-mail: info@mosamia.se.
ARTICLE 3 - APPLICABILITY
1. These general conditions apply to each offer made by the entrepreneur and to each distance contract concluded between the entrepreneur and the consumer.
2. prior to the conclusion of the distance contract, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible on request.
3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the conclusion of the distance contract, the text of these general conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it shall be stated, prior to the conclusion of the distance contract, where the general terms and conditions can be consulted electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
4. Where specific product or service conditions apply in addition to these general conditions, the second and third subparagraphs shall apply mutatis mutandis and, in the event of conflicting general conditions, the consumer may always rely on the applicable provision which is most favourable to the consumer.
ARTICLE 4 - THE OFFER
1. If an offer has a limited period of validity or is subject to conditions, this must be explicitly stated in the offer.
2. the offer contains a full and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to assess the offer by the consumer. If the entrepreneur uses pictures, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This applies in particular to:
the price including taxes;any costs of delivery;the manner in which the contract will be concluded and the steps required for this purpose;whether or not the right of withdrawal is applicable;the method of payment, delivery and fulfilment of the contract;the deadline for accepting the offer or the period within which the trader guarantees the price;The amount of the tariff for distance communication if the costs of using the means of distance communication are calculated on a basis other than the basic standard tariff for the means of communication used;Whether the contract is archived after its conclusion and, if so, the way in which the consumer can access it;The means by which the consumer can, before the conclusion of the contract, verify and, if desired, rectify;Any other languages in which the contract can be concluded;The codes of conduct to which the trader is subject and the means by which the consumer can consult these codes of conduct electronically.
ARTICLE 5 - THE AGREEMENT
1. Subject to the provisions of paragraph 4, the contract is concluded when the consumer accepts the offer and fulfils the conditions set out therein.
2. If the consumer has accepted the offer electronically, the trader shall immediately acknowledge receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.
3. If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to protect the electronic transmission of data and ensure a secure online environment. If the consumer can pay electronically, the trader shall take appropriate security measures.
4. The trader may - within the legal framework - inquire about the consumer's ability to fulfil his payment obligations, as well as about all the facts and elements relevant for the responsible conclusion of the distance contract. If, on the basis of this examination, the trader has good reasons not to conclude the contract, he has the right to refuse an order or application or to attach special conditions to its execution, while giving reasons.5. The trader shall send the following information to the consumer together with the product or service, in writing or in such a way that the consumer can store it in an accessible way on a durable medium
a. the address of the trader's place of establishment to which the consumer can address any complaints
b. the conditions and the way in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal does not apply
c. information on guarantees and existing after-sales services
d. the information referred to in Article 4(3) of these terms and conditions, unless the trader has already provided this information to the consumer before the conclusion of the contract
e. the conditions for cancelling the contract if the contract has a duration of more than one year or is for an indefinite period.
ARTICLE 6 - RIGHT OF USE
When delivering products:
1. When purchasing products, the consumer has the possibility to withdraw from the contract without giving reasons during 14 days. This reflection period starts the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
2. during the reflection period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wants to keep the product. If he exercises his right of withdrawal, he shall return the product with all the accessories supplied and - if reasonably possible - in its original condition and original packaging to the entrepreneur within 14 days, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When providing services:
3. In the case of the provision of services, the consumer has the possibility to terminate the contract without giving reasons for at least 14 days, starting from the day on which the contract was concluded.
4. in order to be able to exercise his right of cancellation, the consumer must follow the reasonable and clear instructions provided by the trader in this respect at the time of the offer and/or at the latest at the time of delivery.
ARTICLE 7 - CANCELLATION COSTS
1. If the consumer exercises his or her right of withdrawal, he or she shall bear at most the costs of the return shipment.
2. If the consumer has paid an amount, the entrepreneur will reimburse this amount as soon as possible, but no later than 14 days after the return or cancellation.
ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL
1. the entrepreneur may exclude the consumer's right of withdrawal to the extent provided for in paragraphs 2 and 3. the exclusion of the right of withdrawal only applies if the entrepreneur has clearly indicated this in the offer, or at least in good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products
a. which have been created by the entrepreneur in accordance with the consumer's specifications;
b. which are clearly personal in nature;
c. which cannot be returned due to their nature;
d. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence.
3. Exclusion of the right of withdrawal is only possible for services:
a. which relate to accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period
b. the supply of which has begun with the consumer's express consent before the withdrawal period has expired.
ARTICLE 9 - PRICE
1. during the period of validity indicated in the offer, the prices of the products and/or services offered may not be increased, with the exception of price changes resulting from changes in VAT rates.
(2) Contrary to the previous paragraph, the contractor may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the contractor's control, with variable prices. This link to fluctuations and the fact that all prices mentioned are target prices should be mentioned in the offer.
3. price increases within 3 months of the conclusion of the contract are only allowed if they are a consequence of statutory regulations or provisions
4. Price increases from 3 months after the conclusion of the contract are only allowed if the contractor has fixed them and:
a. they are a consequence of statutory provisions or regulations; or
b. the consumer has the right to terminate the contract until the date on which the price increase takes effect.
5. the prices indicated in the offer of products or services include VAT.
ARTICLE 10 - CONFORMITY AND GUARANTEE
1 The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the day of the conclusion of the agreement.
(2) A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the trader under the contract.
ARTICLE 11 - DELIVERY AND EXECUTION
1. the Entrepreneur will take the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
2. the place of delivery of products is the address made known to the company by the consumer. Exceptions to this are workshops, which take place at the business address of the entrepreneur, unless otherwise expressly agreed with the consumer.
3. subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders promptly but within 30 days at the latest unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or can only partially be executed, the consumer shall be informed of this no later than 30 days after the order was placed. In this case, the consumer has the right to cancel the contract free of charge.
4. In the event of cancellation in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after the cancellation.
5. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement article. At the latest at the time of delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered. With replacement items, the right of cancellation cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
6. The risk of damage and/or loss of products remains with the entrepreneur until the time of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
ARTICLE 12 - PAYMENT
1. Unless otherwise agreed, the amounts owed by the consumer shall be paid within 14 days of the beginning of the cooling-off period referred to in Article 6(1). In the case of a contract for the provision of a service, this period starts after the consumer has received the confirmation of the contract.
2. In the case of sales of goods to consumers, general terms and conditions shall never require more than 50 % payment in advance. If prepayment has been agreed, the consumer cannot claim any rights in relation to the fulfilment of the order or the service(s) in question until the agreed prepayment has been made.
(3) The consumer is obliged to immediately report to the trader any inaccuracies in payment details provided or mentioned.
4. If the consumer fails to pay, the trader is entitled, subject to any statutory limitations, to charge the reasonable costs of which the consumer has been informed in advance.
ARTICLE 13 - SAVING YOUR CARD NUMBER
During the purchase process, you can save your card number for future purchases. If you choose to store your card number, your payment details will be stored encrypted and securely with our payment service provider for future transactions. Your consent is obtained during the purchase process. You can easily delete a stored card number during the purchase process or later in my profile.
ARTICLE 14 - COMPLAINTS PROCEDURE
1. a complaint about a product, service or the entrepreneur's service can be submitted via a complaint form available on the Mosamia website.
2. Complaints about the performance of the contract must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
3. complaints submitted to the entrepreneur must be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute resolution procedure.
ARTICLE 15 - APPLICABLE LAW AND DISPUTE
1. Swedish law is applicable to these General Terms and Conditions.
2. We always endeavour to ensure that our customers are satisfied. In the first instance, we therefore want to agree a solution with you. If we are unable to resolve a dispute together, you can contact the National Board for Consumer Disputes at the contact details below. Mosamia always follows the recommendations of the General Complaints Board.
General Complaints Board:
Web address: https://arn.se
Postal address: General Complaints Board, Box 174, 101 23 Stockholm.
3. you can also turn to the European Commission's online platform for alternative dispute resolution at https://ec.europa.eu/odr
4. Disputes can also be heard by a Swedish general court.
ARTICLE 16 - PERSONAL DATA AND COOKIES
1. When you place an order or make a purchase, we will process your personal data to process your order. This data may also be used for other purposes, e.g. for our marketing and communications, for customer service purposes or to analyse, develop and improve our business, products and services. You can unsubscribe from our mailings and/or object to our marketing at any time.
ARTICLE 17 - SUPPLEMENTARY OR DIFFERENT PROVISIONS
Supplementary or different provisions from these general conditions must not be detrimental to the consumer and must be documented in writing or in such a way that they can be stored in a manner accessible to the consumer on a durable medium.
ARTICLE 18 - AMENDMENT OF THE GENERAL CONDITIONS
1. Amendments to these conditions shall enter into force only after they have been published in an appropriate manner, provided that the provision most favourable to the consumer shall prevail in the event of applicable amendments during the period of validity of an offer.