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Terms & Conditions

Preamble


SMÅKASSEN AS (hereinafter referred to as “SMÅKASSEN”) operates a website at smakassen.[no/se/dk/de/nl/com] and an App on which selected childrens outfits are offered. The customer is given the opportunity to register in the online system or app and enter into a database specific data and information regarding his/her person, preferences and taste in the area of fashion and lifestyle. The customer thus grants SMÅKASSEN consent to put together and send to the customer at its own discretion, based on personal criteria, as individual as possible a selection of fashion articles of any kind. § 4 and 5 below provide more details on how the contract comes into being and the customer’s statutory cancellation right. The use of the website smakassen.[no/se/dk/de/nl/com], app and the contracts concluded through that website are subject to the following General Terms and Conditions of Business.

§ 1: Scope of applicability, accessing the Ts&Cs

1.1. The website smakassen.[no/se/dk/de/nl/com], including all subdomains and app (hereinafter referred to as smakassen.[no/se/dk/de/nl/com]) and the system for the distribution of fashion articles are operated by SMÅKASSEN AS, Øvre Dynnersmauet 7, 5011 Bergen, Norway, represented by managing director Mark Nijhof and entered in the commercial register of the District Court for Bergen Norway under register number 915 039 707 (hereinafter referred to as SMÅKASSEN).

1.2. The following General Terms and Conditions of Business (Ts&Cs) apply for the use of the website smakassen.[no/se/dk/de/nl/com] and for the contracts concluded through smakassen.[no/se/dk/de/nl/com] and app. Deliveries and services of SMÅKASSEN will be performed exclusively in accordance with these Ts&Cs. Any differing or contradictory general business conditions of the contract partner shall not apply even if we render our performance without any reservations.

1.3. These Ts&Cs of SMÅKASSEN can be accessed, printed out or locally saved at any time at smakassen.[no/se/dk/de/nl/com]/terms.

1.4. Within the framework of contracts with SMÅKASSEN these Ts&Cs confer rights and impose obligations exclusively on consumers. A consumer in the meaning of the following provisions (hereinafter referred to as a “customer”) is any natural person who concludes a legal transaction for a purpose which cannot be attributed either to his/her commercial or independent professional activities

§ 2: General terms and conditions of business

SMÅKASSEN reserves the right to adjust or amend these Ts&Cs at any time within the legally permitted limits. For ongoing contractual relationships, particularly for already placed orders, as a rule the version of these Ts&Cs applicable when the respective legal transaction was concluded shall apply. However, SMÅKASSEN AS shall have the right to unilaterally amend these Ts&Cs, insofar as they have been introduced into the contractual relationship with the customer, if this is necessary to eliminate subsequently arising disruptions of equivalence or to make an adjustment in line with changed legal or technical framework conditions and is not contrary to the current provisions of law relating to consumer protection. The customer shall be informed of any adjustment, specifying the content of the amended provisions. The amendment shall become a part of the contract unless the customer objects to its integration into the contractual relationship with respect to SMÅKASSEN in writing or text form within six weeks after receiving the change notification.

§ 3: Registration with SMÅKASSEN

3.1. SMÅKASSEN provides the customer with the opportunity to register on smakassen.[no/se/dk/de/nl/com] and open an account. Registration is essential to use the SMÅKASSEN Internet service.

3.2. The customer must treat his/her personal access data confidentially and refrain from making it available to any unauthorised third parties.

3.3. The customer registers by providing his/her name and email address when creating a profile.

3.4. Registration with SMÅKASSEN is free of charge. There is no entitlement to registration. SMÅKASSEN AS can also make registration subject to further requirements (e.g. verification of the registration data, a creditworthiness check). When registering the customer must provide correct and accurate information. He/she should report any changes in the data in order to avoid costs if he/she would like to place a new order. In particular, the customer must state his/her full name, address, country and e-mail address. SMÅKASSEN shall have the right to effectively deliver declarations to be made with respect to the customer to his/her e-mail address, unless a stricter mandatory form is required by law or under an agreement.

3.5. SMÅKASSEN shall store the personal data saved upon registration so that the customer can log in again at any time with his/her access data. The handling of the personal data and the overall data protection are regulated in our privacy policy declaration.

§ 4: Concluding a contract

4.1. The website as such, particularly the presentation of goods on smakassen.[no/se/dk/de/nl/com], does not constitute a binding offer of SMÅKASSEN.

4.2. On the basis of the personal data that the customer enters in the SMÅKASSEN online system, SMÅKASSEN shall select various goods and send them to the customer at the current product price. Price increases at short notice, within four months after the conclusion of the contract, are excluded. The selection of the goods is at the sole discretion of SMÅKASSEN. The customer has no entitlement to be sent particular products. The customer will be sent, per order, goods with a maximum value of EUR 1,500.00 including the currently applicable VAT of the customer´s specified delivery country. The customer therefore explicitly grants SMÅKASSEN a unilateral performance determination right. The personal data can be entered by the customer during a telephone appointment with a style consultant, or alternatively by telephone, by sending an order through a questionnaire uploaded onto the SMÅKASSEN website without a telephone consultation or also by sending a text message or e‑mail to SMÅKASSEN. The customer shall receive, according to his/her order request, a confirmation by SMÅKASSEN of the dispatch of the goods either by e-mail or in writing.

4.3. The sending of the goods after the customer has declared his/her consent to it constitutes SMÅKASSEN’s offer to conclude a purchase contract with regard to the dispatched fashion articles at the specified price, a maximum of EUR 1,500.00, including the currently applicable statutory VAT of the customer´s specified delivery country. When the package of goods is accepted by the customer or by a third party authorised or tolerated by him/her the offer will be deemed to have been accepted. Irrespective of this, the customer is also entitled to the statutory cancellation right, as detailed in § 5.

§ 5: Cancellation right

5.1. This section provides the customer with the legally required information on the requirements for and consequences of the cancellation right (here). In the event of return shipment of goods where the cancellation right has been lawfully exercised, the customer must use the return shipment sticker enclosed by SMÅKASSEN. If the return shipment sticker is not (no longer) available, you can request one at any time from SMÅKASSEN’s customer service.

Telephone: +47 467 48 688

Open Hours: Monday – Friday, 9am – 6pm

The return shipment sticker allows unnecessary costs to be avoided. For that reason, the goods should preferably not be sent back without prepaid freight.

5.2. The purchase price shall be reimbursed, unless other account details have been submitted, into the account of the customer used for the payment.

§ 6: SMÅKASSEN's performance obligations

SMÅKASSEN is not obliged to further process the information provided by the customer. Also after successful registration no legal entitlement exists to use services or claim performances.

§ 7: Usage of the SMÅKASSEN website and Internet platform

7.1. It is not permitted, without the explicit prior consent of SMÅKASSEN, to copy content from the SMÅKASSEN website and otherwise use it The user only has the right to use the Internet service operated by SMÅKASSEN through the customary programmes (Internet browser) or software possibly provided by SMÅKASSEN. In particular, it is not permitted to use the service through automated software (e.g. script programmes). This particularly applies if the purpose of that software is to generate or obtain certain data.

7.2. SMÅKASSEN reserves the right to change or reduce the scope of the functionalities of the website at any time or to discontinue them. In the event of necessary maintenance work, it cannot be ruled out that the website may be temporarily unavailable. The customer has no entitlement to be able to access or call up his/her data at any time. In individual cases a loss of data may occur. SMÅKASSEN is not liable for such losses of data.

§ 8: Delivery terms and shipping costs

8.1. The goods will be delivered to the address that was specified when the membership was established or when the order was placed. If the recipient’s address is stated incorrectly, the customer shall bear the additional costs incurred. The same applies if the goods cannot be delivered.

8.2. The preparation and shipping costs shall be borne by SMÅKASSEN for deliveries within Norway, Sweden, Denmark, Germany, and The Netherlands. The goods will be sent through a delivery firm selected by SMÅKASSEN, directly to the address specified by the customer or chosen PickUpPoint by SMÅKASSEN. As a rule, offers will be delivered within ten business days (weekends and holidays not included). Deliveries will be made to other countries as requested.

8.3. SMÅKASSEN shall also bear return shipment costs if the goods are defective (as well as the return shipment costs if the time limit for cancellation is complied with, and no more than half the value is returned, see § 5 of these Ts&Cs).

8.4. In the case of deliveries to consumers (Article 13 BGB), the risk transfers to the customer when the shipment containing the goods to be delivered is handed over by the carrier to the customer or its authorised representative or at the delivery address specified by the customer.

§ 9: Purchase price

9.1. When the goods are delivered, the customer shall receive a delivery note with a price-list for all the delivered goods. The prices specified will be final prices, including all price components and all payable taxes. No additional costs will be charged for the shipment.

9.2. Once the purchase contract has become effective in accordance with § 4, SMÅKASSEN AS shall notify the customer by e-mail of the total purchase price to be paid for the approved goods.

§ 10: Payment terms

10.1. The customer has the following payment options: payment by credit card or payment on account. SMÅKASSEN reserves the right not to offer individual payment methods or to only offer them for particular orders.

10.2. If the customer is late in settling more than one liability, SMÅKASSEN shall have the right, after the ineffective expiry of a two-week additional time limit, to make all its receivables from the debtor due for payment, if the arrears relate to at least two different invoices and amount to at least 10% of the total receivables.

§ 11: Limitation and liability

11.1. SMÅKASSEN shall be liable for damage incurred by the customer caused by SMÅKASSEN, its statutory representatives, managerial staff or vicarious agents either intentionally or due to gross negligence.

11.2. Irrespective of the degree of culpability, SMÅKASSEN shall be liable for any claims for compensation of the customer for losses stemming from loss of life or injury to the body or health resulting from a breach of obligation by SMÅKASSEN or the persons referred to in § 11.1. Irrespective of the degree of culpability, SMÅKASSEN shall also be liable for any losses that arise as a result of the persons referred to in § 11.1 breaching an obligation which is of key significance for the achievement of the objective of the contract, as well as in the event of wilful deceit. Likewise, SMÅKASSEN shall be liable, irrespective of the degree of culpability, if the damage results from a violation of a guarantee provided by SMÅKASSEN or organisational fault.

11.3. In cases other than those referred to in § 11.2., SMÅKASSEN’s liability for minor negligence is excluded.

11.4. Claims against SMÅKASSEN due to defects shall expire by time limitation after 12 months have elapsed from the beginning of the statutory time limitation period, except for claims in the cases referred to in § 11.1 and 11.2.

§ 12: Retention of ownership

12.1. The goods sent by SMÅKASSEN shall remain its property until the purchase price claim has been settled in full. The customer will not have the right to resell the goods until it has acquired the ownership title.

12.2 The customer is not permitted to either pledge the goods subject to retention of ownership or assign them as security. He/she must notify the provider without delay in the event of any attachment or seizure or other interventions by third parties.

12.3. The customer must provide the provider with free access to the goods delivered by it subject to retention of ownership. In the event of insolvency, the provider shall have a right to separation from the insolvency assets.

§ 13: Data protection

Data shall be collected, processed and stored exclusively in accordance with the requirements of German data protection laws. Our privacy policy declaration is a part of these Ts&Cs and can be accessed at any time on the SMÅKASSEN website at smakassen.[no/se/dk/de/nl/com]/privacy. Further information on data protection can be found on the website.

§ 14: Transfer of rights and obligations to third parties

14.1. SMÅKASSEN shall have the right to have its tasks carried out, entirely or partially, by qualified persons from outside its company (freelance cooperation partners or third parties) acting as vicarious agents. The payment of those external persons shall be carried out exclusively by SMÅKASSEN itself. No contractual relationship shall arise between the external persons used by SMÅKASSEN and the customer.

14.2 SMÅKASSEN shall have the right to completely or partially transfer the rights and obligations stemming from the contractual relationship with the customer to third parties. In the event of the partial or complete transfer of the rights and obligations to a third party, the customer shall be notified to that effect and shall have the right to terminate the contractual relationship ex nunc.

14.3. The rights and obligations arising from an SMÅKASSEN membership are highly personal and are not transferable to a third party.

§ 15: Severability clause

Should individual provisions of these Ts&Cs or the contract concluded with the contract party be ineffective, in part or in whole, the effectiveness of the contract shall not be otherwise affected.

§ 16: Place of jurisdiction

16.1. If a customer has no general place of jurisdiction in Norway or the European Union, the customer’s place of residence or habitual residence is not known at the time when the action is brought or the customer relocated his/her place of residence outside the scope of applicability of the Norwegian Code of Civil Procedure after the conclusion of the contract, the laws of Norway shall apply for any legal disputes between the customer and SMÅKASSEN. This shall not apply if specific consumer protection regulations in the customer’s home country are more favourable for him/her. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental convention shall not apply in this respect.

16.2. In such a situation, the place of jurisdiction shall be the registered office of SMÅKASSEN AS (Bergen, Norway). 


Bergen, Norway, 7. May 2017