AGB
TERMS AND CONDITIONS
Last updated: Marc 10, 2024
These general terms and conditions constitute, together with the Confirmations in force at any time, an agreement between you as a Customer and Sverige Toddle uthyrning AB. Smfixarna is a brand owned by Sverige Toddle uthyrning AB, with which we offer private individuals refurbishing services for baby and children's products via our website, www.småfixarna.se
For you as a consumer, consumer legislation applies to your order. Certain provisions in the Terms only apply when a consumer relationship exists. In that case, it is explicitly stated.
The terms apply to all Orders placed through the Website.
1 APPLICATION AND DEFINITIONS
1.1 Scope. These general conditions shall be applied when Småfixarna refurbishes baby and children's products for the Customer.
The provisions in these general terms and conditions are applicable to all types of dealings between Småfixarna and the Customer unless otherwise stated for a specific provision or group of provisions and provided that Småfixarna and the Customer have not agreed otherwise in writing.
1.2 Consumer conditions. Småfixarna is responsible according to the applicable consumer protection legislation, and the provisions of these general terms and conditions are applied only to the extent that they do not conflict with mandatory provisions.
1.3 Definitions. In these general terms and conditions, the following defined terms shall have the meaning set forth below: "Agreement" refers to the agreement between Småfixarna and the Customer regarding the refurbishment of the Product or such other agreement between Småfixarna and the Customer that (i) is entered into via the Website (as defined below) or on another way; and (ii) is confirmed by Småfixarna through Confirmation (as defined in clause 2.1); "Småfixarna" refers to Toddle AB, org. no. 559445-2392, or any other company within the Småfixarna Group that is indicated as a party to the Agreement.
"Product" refers to each of the objects (baby products, children's products, home furnishings, and/or other equipment or other movable property) that Småfixarna must refurbish for the Customer in total according to the Agreement; "Customer" refers to the party with whom Småfixarna entered into the Agreement; and
"Website" refers to Småfixarna's website with the current web address www.småfixarna.se
1.4 Relationship to the Agreement. These general terms and conditions form an integral part of the Agreement, and references in these general terms and conditions to the "Agreement" also include these general terms and conditions. Deviations must be agreed in writing to be effective.
2 SMÅFIXARNA'S GENERAL CONDITIONS WHEN REFURBISHING
2.1 Order. An Agreement between Småfixarna and the Customer has only been entered into when Småfixarna has confirmed or otherwise approved the order ("Confirmation").
2.2 Payment. Payment for refurbishment must be made according to the regulations in the Confirmation or in accordance with what Småfixarna otherwise instructs. In case of late payment, late payment interest of 8 percent is payable from the date the payment should have been made. Småfixarna reserves the right to demand compensation for issued payment reminders and late fees according to Småfixarna's policy in force at any time.
2.3 Prices. All prices for refurbishment are stated in SEK including VAT, unless otherwise stated. For delivery to the Customer of Refurbished Products, a delivery and return fee is added according to the information on the Website. Småfixarna reserves the right to annually adjust the price for ongoing refurbishments in accordance with the consumer price index (CPI) or other index that Småfixarna applies.
2.4 Refurbishment period. The refurbishment period is counted from the day the Product is delivered to Småfixarna's designated location. The refurbishment period runs for the period specified in the Agreement and ends when the Product is returned.
2.5 Early Termination. If you decide that you do not want to continue with the refurbishment, you can cancel it within 14 days of the item being delivered to you and receive a full refund provided that:
Småfixarna will accept the item back within 14 days of its delivery to you;
the item is returned in exactly the same condition as it was delivered, with the same packaging and labels intact.
Upon receipt of the item, your refurbishment will be terminated, and no additional fees will be charged. If the item is not returned within this time frame, the refurbishment will resume, and fees will continue until the item is received.
2.6 Right of use. Småfixarna grants the Customer a limited right of use to the Refurbished Product in accordance with the terms of the Agreement. Nothing in the Agreement implies or shall be interpreted as the Customer obtaining ownership of the Refurbished Product. The right of use ends immediately when the refurbishment period has expired.
2.7 Terms of use. When using the Refurbished Product, the Customer must take into account and comply with the terms and conditions provided by Småfixarna.
2.8 Delivery. Småfixarna's logistics partner carries out deliveries of Refurbished Products to the Customer. The delivery time is indicated provisionally in connection with the order. When the order is ready for delivery, the Customer will be contacted by the responsible Logistics partner to schedule delivery. Deliveries take place as far as possible at the time and to the place and address specified by the Customer.
2.9 Duty to investigate. The customer must immediately after receiving the Refurbished Product, and always before the Product begins to be used, carry out the necessary checks and thoroughly examine the Product. If the Customer discovers damage or deviation during the investigation, the Customer must immediately notify Småfixarna.
2.10 Complaint. In order to be able to make a complaint against a Refurbished Product, it must be reported to Småfixarna immediately and no later than two weeks after the Product has become available to the Customer. If the Customer does not comment on the condition of the Refurbished Product within the above period, the Product shall be considered received in perfect condition.
2.11 Extenuating circumstances. Småfixarna is exempt from penalty for failure to perform an obligation under this Agreement if the failure is based on such extenuating circumstance that is beyond the control of the party and that prevents the performance thereof, such as but not limited to extreme weather conditions (such as, but not limited to fire, drought , flood and extreme cold), war, seizure, currency restrictions, insurrections and riots, scarcity of raw materials, general scarcity and reductions in the supply of motive power and prolonged disruptions in transport, data or telecommunications or power supply.
2.12 Notice of Extenuating Circumstances. If a party wishes to invoke extenuating circumstances, the party must immediately notify the other party of when the event began and when it may end. The time for fulfilling the relevant obligation shall be extended by the time that the extenuating circumstance continues.
2.13 Right of termination. Both Småfixarna and the Customer ("Entitled Party") have the right to terminate the Agreement by written notice to the other party to immediate termination if the other party in the Agreement:
(a) fails to fulfill its obligations under the Agreement or applicable law, if such failure is of material importance to the Entitled Party, and provided that the breaching party has not taken corrective action no later than seven (7) days after written notification to this effect, specifying information on what The Entitled Party considers this to constitute a breach of contract;
(b) does not make payment within the agreed time, suspends its payments, begins settlement negotiations with its creditors, becomes the subject of an application for personal bankruptcy, or the like, or (c) on repeated occasions fails to fulfill its obligations under the Agreement, regardless of whether individual omission is of material importance and the Entitled Party has given the breaching party written notice of this in accordance with clause 2.19(a) above.
2.14 Immediate Withdrawal. If a party terminates the Agreement for immediate termination with the support of clause 2.19 or another provision in the Agreement, Småfixarna has the right to immediately repossess the Rental Object. In the event of such a withdrawal, the Customer must be Småfixarna and any Logistics partner helpful. If Småfixarna terminates the Agreement with the support of clause 2.19 or another provision in the Agreement, Småfixarna is entitled to full compensation for, for example but not limited to non-earned rental income.
2.15 Exclusive Penalties. The penalties that are expressly stated in this Agreement are exclusive to the Customer, and the Customer is thus not entitled to assert other penalties due to Småfixarna's failure to fulfill the Agreement, unless otherwise required by mandatory law.
2.16 Småfixarna's responsibility. Småfixarna is only responsible for direct damage arising as a result of Småfixarna's negligence, and Småfixarna is therefore not responsible for indirect damage such as loss of use, loss of data or other consequential financial loss.
2.17 Transfer of the Agreement. The customer does not have the right to transfer parts or the whole of the Agreement to another party without Småfixarna's written approval.
2.18 Amendment of General Terms and Conditions. Småfixarna reserves the right to change the general terms and conditions. In the event of changes, we will notify existing customers. If the customer does not accept the new terms, the customer has the right to terminate the agreement. To the extent that the conditions are changed, new orders are subject to the new general conditions as of the day the conditions are published on the Website.
2.19 Applicable Law. Swedish law shall apply to the Agreement
2.20 Dispute Resolution. Disputes arising from this Agreement shall be finally settled according to Swedish law and by a general court in cases where the parties do not agree in writing on arbitration.
2.21 Personal data processing. Småfixarna's processing of personal data in relation to the conclusion of the Agreement is regulated by Småfixarna's privacy policy published on the Website available here.
COMPANY INFORMATION
Sverige Toddle uthyrning AB
Kungsklippan 11
11225 Stockholm
Org no. 559445-2392
VAT: E559445239201
You can contact us at any time at hej@smfixarna.se !