Terms and conditions
GENERAL TERMS AND CONDITIONS ON PURCHASES AND DELIVERY IN LOVI ONLINE STORE
These terms and conditions of Lovi Oy (the “Terms”) shall apply to all purchases, orders and deliveries of goods under brand LOVI made by You as a person buying the goods as a private person and a consumer (“Buyer”) for personal use through Lovi’s online store at [address]. These Terms are only applied to sales, purchases and delivery of Lovi goods for consumers for non-commercial and private use and not to sale and purchases by retailers or distributors.
The Terms together with the order of goods by the Buyer from the Supplier shall form a binding agreement between the Parties (the “Agreement”). If you do not accept these Terms, do not place an order in the Lovi’s online store.
- SUPPLIER AND GOODS
Under these General Terms and Conditions on Purchases and Delivery for goods under brand LOVI (“Terms”) the supplier is Lovi Oy (Business ID 2049060-9), a company established under the laws of Finland and having its registered address at Hallitie 3, 90940 Jääli, Finland (“Supplier” or “Lovi”).
By phone: +358 (0)40 745 5002
By email: firstname.lastname@example.org
- SCOPE OF TERMS
These terms and conditions of the Supplier (the “Terms”) shall apply to all purchases, orders and deliveries of goods under brand LOVI made by You as a person buying the goods as a private person and a consumer as a Buyer for personal use through Lovi’s online store at [address].
The Supplier and the Buyer are also referred to individually as a “Party” and collectively as “Parties”.
These Terms are only applied to sales, purchases and delivery of Lovi goods for consumers for non-commercial and private use and not to sale and purchases by retailers or distributors. The Terms together with the order of goods by the Buyer from the Supplier shall form a binding agreement between the Parties (the “Agreement”).
The goods under the LOVI brand shall be understood as decorative and furnishing items.
The applicable laws and regulations regarding consumer protection under the laws of Finland shall be applied in addition to these Terms and in case of a non-Finnish Buyer, the applicable compelling local laws and regulations regarding consumer protection according to the Buyer’s address as provided by the Buyer in the order, and that can not be superseded by the laws of Finland, shall apply.
An order by the Buyer to the Supplier is made through the ordering system in the Lovi’s online store. The order is binding to the Buyer and subject to return conditions in accordance with these terms and conditions.
In case of consumer Buyer, orders to only personal use, gifts and other such non-commercial purposes are allowed and accepted through available online store and other means.
The delivery term as well as the place and time of delivery are specified in the order confirmation unless otherwise agreed. Reasonable times of preparing the order for delivery and shipment are aimed but the Supplier shall inform of possible unexpected delays.
The Supplier reserves to the right to choose the method of delivery.
The ownership to the goods transfers to the Buyer when the payment of the goods in the order has been concluded and the goods in the order have been shipped to the Buyer. However, the Supplier shall bear the responsibility over goods damaged in the transportation. In case the goods are returned to the Supplier for reasons attributable to the Supplier, and/or in case the Supplier delivers repaired or replacement products to the Buyer, the Supplier shall be responsible for the damages incurred during the transportation.
If the Supplier finds that a delay will occur or is likely, the Supplier shall without delay inform the Buyer in writing of the delay. If the delivery is delayed and the Buyer has not cancelled the order, the Supplier shall deliver the goods in the first instance to the Buyer. The Buyer shall not be entitled to any compensation of damages due to delayed delivery.
QUALITY OF THE GOODS, RECLAMATIONS AND RETURNS
The goods shall be and the Supplier is responsible for that the goods are in accordance with Supplier’s description of goods and their quality. In addition, the goods shall fulfill the requirements and the Supplier shall be in compliance of the EU legislation and the local laws, regulations, orders and commissions issued by authorities and standards effective in Finland.
The goods shall, at the time of delivery, be suitable for the purposes in accordance with the Supplier’s description of goods to the extent known to the Supplier, and otherwise in compliance with what has been provided on their quality, type, amount, packaging and other features. However, goods made of plywood may have natural variance in their surface which does not lead the goods to be of less quality or having an error. The Supplier does not warrant that the goods are suitable to any specific purpose of the Buyer.
Any reclamations regarding the goods purchased and delivered should be directed to the Supplier together with details of the order and pictures describing the possible fault in the goods. The Supplier shall asses the reclamations and, if the goods are found faulty by the Supplier, instruct the Buyer with returning the faulty items and/or replacing them on Supplier’s cost. Any reclamations must be made within seven (7) days after receiving the goods by the Buyer.
Any return of the goods must be made in accordance with return instructions provided together with goods delivered and must be made within fourteen (14) days of the delivery of the goods to the Buyer. Returns made later than the fourteen (14) days period are not eligible to refund of payments. Return instructions and responsibility over the costs of returns may vary depending on the Buyer’s location based on the address in order and the Supplier may provide additional instructions and notices regarding returns together with the order and/or delivery of the goods in the order.
PRICES AND PAYMENTS
The prices shall be in accordance with the Supplier’s pricing as available at the online store at the time of placing an order. Delivery costs shall be separately calculated. The prices for purchases for Buyers within the EU are inclusive of VAT and outside EU exclusive of VAT. In case of any taxes for importing the goods in the order to the Buyer’s address according to the order shall be become payable, the Buyer shall be responsible for such taxes and payment thereto in accordance with local laws and regulations.
The Supplier may choose its accepted methods of payments. Both Pparties will take care of their own local bank or credit card charges, if any such apply.
LIMITATION OF LIABILITY
The Supplier shall not be liable to any indirect, incidental or consequential damages or expenses, including but not limited to loss of profits and lost savings or any personal injuries, death or damages and the Suppliers maximum liability shall not exceed the value of goods under any circumstances.
“Force Majeure Event” means any failure by a Party to perform its obligations under the Agreement caused by an impediment beyond its control, which it could not have taken into account at the time of the conclusion of the contract, and the consequences of which could not reasonably have been avoided or overcome by such Party. Such impediments may include, but are not limited to, acts of government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, lock-outs, and industrial disputes, and riots, acts of terror or specific threats of terrorist activity, transportation or energy. Strike, lock-out, boycott and other industrial action shall constitute a Force Majeure Event also when the Party concerned is the object or a party to such an action.
Save for the obligation to pay money properly due and owing, neither Party shall be liable for delays and damages caused by a Force Majeure Event. A Party shall notify the other Party in writing without delay of a Force Majeure Event. The Party shall correspondingly notify the other Party of the termination of a Force Majeure Event. If an event of Force Majeure results in delay or non-performance of thirty (30) days or longer, the either Party shall have the right to unilaterally terminate the Terms Agreement or any order or delivery under the Terms but must inform the other Party.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights (“IP”) including but not limited to patents, utility models, industrial designs (whether or not capable of registration), inventions, copyrights, rights to the photographs, domain names, trademarks, trade names, brands and any other industrial and intellectual property rights, whether or not specifically recognized or perfected under applicable laws and whether registered or not and any applications thereto concerning or relating to the goods shall belong to the Supplier. Not No transfer or assignment of IP rights is made, implied or intended.
TERM AND TERMINATION
These Terms shall apply to any purchase, order and delivery between the Buyer and the Supplier from the date of order until the respective goods have been delivered, any payments concluded and periods of reclamations and returns are ended.
Any term orf condition of the Terms that by its wording or nature is intended to survive or should survive termination of these Terms, shall survive the termination under any reason including without limitation intellectual property rights and limitation liability.
A failure of a Party to insist upon the performance of any or more of terms and conditions of these Terms or a waiver of any term or condition of these Terms shall not be deemed to be a waiver of any rights or remedies the Party may have in subsequent similar situations.
If any term or condition in these Terms is found or becomes invalid, unlawful, or unenforceable to any extent, the provision in question will be severed from the remaining provisions of these Terms, which will continue to be valid and enforceable to the fullest extent permitted by law and the Supplier undertakes to replace such a provision with a valid and enforceable provision.
No modification of these Terms shall be valid, unless in writing and signed by duly authorized representative(s) of both Parties.
The Supplier follows applicable laws, regulations and instruction of authorities on personal data processing and data privacy in the European Union including without limitation the General Data Protection Regulation (GDPR).
GOVERNING LAW AND DISPUTE RESOLUTION
These General Terms, the Agreement and all matters arising out of or in connection with them shall be interpreted, construed and governed exclusively in accordance with the laws of Finland without reference to its choice of law rules or any laws, agreements and regulations regarding international trade of goods and Convention on Contracts for the International Sale of Goods.
Any dispute, controversy or claim arising out of or relating to these Terms, if not solved amicably between the Parties, shall be settled at the first instance competent court of the defendant unless a procedure in consumer matters is available at the defendant’s place of domicile.