General Terms and Conditions MikroBageriShop

 

1 DEFINITIONS

 

1.1 User: the one-man business MikroBageriShop, established and with showroom at Kymstad 56 in Gräsmark, Sweden.

1.2. Other party: the other party or the potential other party of the User is anyone who has purchased or is going to purchase a product from MikroBageriShop.

 

2 OFFERS AND QUOTATIONS

 

2.1 All offers made by the user are without obligation and lapse by operation of law after 14 days after the offer has been sent by the User to the other party.

2.2 The User's prices are expressed in Swedish Crowns (SEK), are based on execution of the order during normal working hours and exclude the costs of transport, packaging, delivery and installation and exclude VAT and other levies. The user reserves the right to charge these additional costs to the other party. The additional costs shall be stated in the specific order confirmation.

2.3 The prices of one offer or contract shall not apply to repeat orders or to subsequent contracts or offers.

2.4 In the case of a composite quotation, the user is not obliged to deliver part of the goods at a corresponding part of the price.

2.5 The user is entitled to deliver the goods in parts and to invoice in parts.

2.6 If the other party wishes to accept an offer from the user on one or more terms and conditions other than those of the user, no contract shall be concluded without the express written consent of the user.

2.7. If the user faces cost increases after the offer to the other party, these costs shall be passed on to the other party without further agreement.

2.8. Price changes by the manufacturer (purchase prices or other conditions for importers or currency changes) shall be communicated to the other party.

 

3 DELIVERY

 

3.1 Delivery of products ordered by the other party shall in principle take place from the location Central warehouse Manufacturer. In consultation with the other party, the products to be delivered shall be delivered via the Showroom at Gräsmark.

3.2 The other party shall be obliged to take delivery of the agreed goods at the time the goods are delivered or at the time they are contractually transferred to the other party.

3.3 If the other party does not take delivery as agreed, the goods shall be stored at the expense and risk of the other party. The other party shall be liable for all resulting damage and costs.

 

4 DELIVERY TIME

 

4.1 The delivery periods stated by user are target periods and not deadlines. Exceeding the delivery time gives the user no right to compensation.

4.2. If the other party is of the opinion that the user fails to deliver on time, the other party shall give the user written notice of default and offer a reasonable term to still fulfil its obligation.

 

4.3. The user shall be indemnified for damage resulting from late delivery if this is due to the manufacturer's failure to fulfil its obligations.

4.4 The delivery time specified by the user shall not commence until the user has received all information required for the delivery from or on behalf of the other party and the invoice has been paid.

 

5 RETENTION OF TITLE

 

5.1. All goods delivered by the user to the other party shall remain the property of the user until the other party has fulfilled all obligations under the agreement in full.

5.2. The other party shall not be authorised to transfer, pledge or encumber in any other way the goods delivered under retention of title.

5.3. By accepting these general terms and conditions, the other party gives the user permission to enter all those places where the user's property is located in order to review these items, whenever the user wishes to exercise its right of ownership.

5.4 If a third party wishes to seize the items delivered under retention of title or wishes to establish or exercise rights to them, the other party shall be obliged to immediately inform the user thereof and to point out the retention of title to the third party.

5.5 The other party shall be obliged to insure and keep insured the goods delivered under retention of title against all forms of damage and loss and to make the insurance documents available for inspection by the user on demand.

 

6 PAYMENT

 

6.1 Payment shall be made in cash, Swish or by bank transfer in case of delivery by invoice.

6.2 Once the pro forma strictly net payment is made, the logistics process will be started. All deliveries will have to be paid in advance. Or the user has agreed otherwise with the other party.

6.3 When paying the pro forma, the other party will add the reference of this document as payment reference.

6.4 As soon as the invoice amount has been received, the user will send the invoice by e-mail with the reference that it has been paid.

6.5 Payment shall be made without discount or set-off.

 

7 COMPLAINTS AND RETURNS

 

7.1 The other party shall examine the delivered goods immediately upon receipt and check whether the goods comply with the agreement.

7.2. Visible defects or shortages must be reported in writing by the other party to the user within 7 days of delivery.

7.3. Non-visible defects or shortages must be reported in writing to the user by the other party within 3 days of discovery, but at the latest within 3 months of delivery.

7.4 Lodging a complaint does not suspend the application of these general terms and conditions and the obligations under the contract between the user and its other party.

7.5 Goods referred to in this article may only be returned after written consent in the original packaging and including the outer box.

7.6 Return shipments shall only be accepted if the product in question is packed in the original outer box or comparable alternative and in the original and undamaged packaging of that product.

7.7 Returns only in the sales packaging will not be accepted. The sales packaging is the packaging that directly contains the product and usually contains the product information. Sales packaging must be protected with a outer box and accompanied by a delivery note.

7.8. The costs of return shipment shall be borne by the other party, unless otherwise agreed.

 

 

8 WARRANTY

 

8.1. The user guarantees for 7 days after delivery of the agreed goods that they are free of design, material and manufacturing defects.

8.2. If it appears within 7 days that a product nevertheless contains design, material or manufacturing faults, the other party shall be entitled to repair the delivered goods. If repair proves impossible, the user shall offer a comparable alternative. In case repair is not possible, the other party may also opt for a credit invoice.

8.3 To establish design, material or manufacturing faults claimed by the other party, the other party shall be obliged to provide photo material as an attachment to an e-mail (in JPG file format). The user may require the other party to send the relevant case to the user for assessment.

8.4 Guarantee is excluded if the damage or defect has arisen as a result of incorrect handling, misuse or use contrary to the instructions, directions or regulations provided by the user.

8.5 If the guarantee concerns a product or part of a product manufactured by a third party, the guarantee is limited to the guarantee offered by the third party.

8.6 The user shall draw up a quality report on all matters relating to the guarantee. The other party shall be obliged to provide the necessary information and documents that the user reasonably considers necessary to draw up that quality report.

8.7 Damages must be reported before the goods are put into use.

8.8 The manufacturer guarantees the appliances for 2 years against construction or material defects. Wear of any component is excluded from the warranty.

8.9 Our responsibility is always limited to the appliance itself and is not related to the installation to which it may be connected. Repairs are always carried out at the user's risk.

8.10 On each appliance an A4 is attached regarding guide lines for closing the door. If this is not attached you can request it from MikroBageriShop.

 

9 LIABILITY

 

9.1. The User is only liable for damage resulting from defects reported in good time in accordance with Article 7. For the rest, the User is only liable for damage resulting from intent or gross negligence on the part of the User.

9.2. The User's liability is in any case limited to a maximum of the amount paid out by the User's insurer for the damage concerned. If the insurer does not pay out, the User's liability shall not exceed the applicable invoice amount.

9.3. The User shall never be liable for damage suffered by the Other Party if the Other Party fails to comply with the safety regulations, assembly regulations, instructions, directions for use and warnings made known to the Other Party by the User. This shall also apply to damage caused to third parties if the other party did not communicate the same regulations, instructions and warnings to third parties in writing at the time of delivery of the goods.

9.4 The user shall not be liable for any damage whatsoever that arises after delivery to third parties.

9.5 Any change in the items delivered or in the regulations, indications and instructions accompanying the items as referred to in clause 9.3 shall result in the lapse of the User's liability for that item.

9.6. Liability arising from the use of the products delivered by the other party to third parties is excluded from the user's liability.

9.7 The goods delivered by the user shall be used at the other party or third party's own expense and risk.

9.8. Sales to minors require the written consent of the guardian.

9.9  A manual and recipe book are enclosed with each appliance. Before using the appliance, the user shall read this document.

9.10 An EC declaration of conformity 11A is attached to the appliances.

 

10 DISSOLUTION OF THE AGREEMENT

 

10.1 The user may in any case suspend the execution of the agreement or dissolve the agreement without further notice if:

- If the user has good reason to fear that the other party will not be able to fulfil its obligations;

- If the user has asked the other party to provide security for the fulfilment of the agreement and the other party fails to provide such security or provides insufficient security; and

- If the user or his business entities registered with the Tax Authorities are unable to continue their activities for any reason.

10.2. If circumstances occur on the part of the user which make the fulfilment of the contract between the user and his other party so difficult or disproportionately costly that fulfilment of the contract can no longer reasonably be required of the user, the user shall be entitled to dissolve the contract without being liable to compensate the other party for any loss.

10.3 The Pro Forma is not binding. As soon as it has been paid, the other party will own the items on the Pro Forma.

 

11  TRANSFER

 

11.1. Force majeure as referred to in these general terms and conditions is understood to mean: all causes over which the user cannot or could not exercise influence and as a result of which the user is or will not be able to fulfil his obligations.

11.2. During the period that the force majeure continues, all obligations of the user will be suspended until the force majeure situation has ended. The user shall never be obliged to compensate any damage resulting from a force majeure situation.

 

11.3. If the user has already partly fulfilled its obligations when the force majeure occurs, or can only partly fulfil its obligations, it shall be entitled to invoice the part already fulfilled separately and the other party shall be obliged to fulfil its obligations.

 

12 GENERAL PROVISIONS

 

12.1. Per continent or country there can be deviations in the appliances. MikroBageriShop is not liable for any defects, damages or claims ( in the broadest sense ) for purchases of products outside Sweden.

12.2. Samples, models, examples and images are shown or provided by the User by way of indication only. The characteristics of the goods to be delivered to the other party may deviate from these, unless expressly agreed otherwise in writing. If the products actually delivered deviate from the samples, models, examples or images provided, there shall be no non-conformity with the agreement.

12.3 The other party with a physical shop has the right to sell the user's products via the other party's webshop. Sale of the user's products via other digital platforms is not allowed, unless agreed otherwise.

12.4 The Other Party and third parties are expressly prohibited from copying, reproducing, presenting as such, disclosing or using the products.

12.5 MikroBageriShop and the associated logos and content are registered trademarks recognised by the other party. Claims for unrestricted use of these trademarks by the other party are excluded. The other party shall immediately cease this use as soon as the business relationship with the user has ended and the other party has sold all the items delivered by the user.

 

13 APPLICABILITY

 

13.1 These general terms and conditions shall apply to all agreements between the user and the other party. The general terms and conditions can be consulted on the user's website (website) and will be sent free of charge upon request.

13.2 The applicability of the Vienna Sales Convention is excluded.

13.3 The pro forma shall refer to these General Conditions 2024 AGV001MBS . Upon payment of the invoice, the other party has agreed to this document

 

14  ENTRY INTO FORCE AND AMENDMENT

 

14.1 These General Terms and Conditions have been adopted on (DATE) and shall take effect immediately.

14.2. Amendments to these General Terms and Conditions shall be made without further notice and shall take effect immediately and without further action after publication on the User's website.

 

 Document number : 2024 AGV001MBS