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Terms & Conditions for sale of products for Swedish Tonic

Last updated: 9 September 2021

GENERAL

Information about Swedish Tonic

These terms and conditions (the “Terms“) are provided by Swedish Tonic AB (559064-1493) (“Swedish Tonic“, “us“, “our” or “we“). 

Contact information

You may contact us by using any of the contact details set out below (“Contact Information“): Telephone number: Email address: support@swedishtonic.com

Agreeing to the Terms

By ordering Products you agree to be bound by the Terms. If you do not agree to these Terms, you must not order the Products. 

Changes to the Terms

We may modify these Terms at any time. In the event of changes which are not minor and may affect you, you will be notified via email. We will then inform you that it is important to object if you do not approve of the changes. If we do not get such objection within thirty (30) calendar days after the changes were communicated, we will assume that you approve of the changes. We will also assume that you accept the changes where you enter into an agreement for the Products with us by, for example, by continuing to order the Products, after the new conditions have been submitted. The latest version of the Terms will be available on the Site. 

Definitions

Contact Information” means the information set out above.

Functions” means the Site and the Products, jointly.

Privacy Policy” means our Privacy Policy (https://swedishtonic.com/eu/privacy-policy/) which describes how we process personal data.

Products” means the products described under section “Products” below which we have made available through the Site, together with any such other related equipment, services and information made available by us to you. 

Site” means our website (www.swedishtonic.com) relating to the Products.

PRODUCTS

Description of Products

We provide Tonic, mixers, bar tools & glasses (the “Products“). More information about the Products can be found on the Site.

Order of Products

We ask you to order the Products in accordance with the instructions on the Site.

Our confirmation of your order will take place when we email you, at which point a contract will come into existence between you and us. If we are unable to confirm your order, we will inform you of this in writing and will not charge you anything. 

Delivery of Products

Standard delivery time is 2 to 7 working days. During high season and sales, the delivery can take longer. We are not responsible for where the Products are damaged or disappear during the freight. 

During the order process we will let you know when and where we will provide the Products to you, including any goods or digital content pertaining thereto. 

Delivery is made through the following freight partners: 

  • DHL
  • UPS
  • Bring
  • Budbee

Some alternatives may involve a freight cost which in such a case is clearly stated when ordering. The expected delivery time is specified during the order process. Note that delivery of large packages can be changed to home delivery and that light packages can be delivered in the mailbox at you registered address.

We have the right to charge you for handling what arises when you do not pick up your ordered Products in time from the place of delivery following transport of the Products.

YOUR OBLIGAITONS

Eligible customers

We offer the Products to individuals acting as consumers (as defined under applicable local law) companies and other legal entities.

You may not order the Products or use any of the Functions if you are below eighteen (18) years of age. However, if you are between sixteen (16) and eighteen (18) years of age, you may order the Products and use any of the Functions provided that you are paying with money that you can show that you have earned yourself.

By ordering the Products on behalf of a legal entity, you warrant that you are authorised to enter into these Terms on the behalf of the legal entity as well as to use all Functions. If you are a business customer these Terms constitute the entire agreement between us, unless otherwise set out in mandatory law.

Use of the Functions

When you use the Functions, you must always comply with all applicable laws, regulations and public orders. You shall not access the Site other than through interfaces provided by us and as otherwise expressly authorised under these Terms. You may not use the Functions in a manner contrary to our, or any third party’s, rights and interests. You agree to comply with all instructions and recommendations provided by us from time to time. 

PRICES AND PAYMENT

Price information

You must pay all applicable fees as set out and described on the Site for the Products that you have selected. The prices for the Products are set out on the Site and include any explicitly set out relevant delivery costs, value added tax (VAT) or other fees and taxes (as applicable). The price of the Products provided to you will be the price indicated on the order pages when you placed your order. 

We have the right to change the prices for the Products. If we change the prices, we will notify you in advance. By continuing to order the Products after the price changes come into effect, you agree to be bound by the new prices.

Payment information

Payment for the Products can med made in accordance with what is set out below.

We offer payments in cooperation with Klarna by way of:

  • Invoice
  • Payment installments
  • Card payment
  • Direct payment

On your payment, the third party processor’s/provider’s terms and conditions will apply (https://cdn.klarna.com/1.0/shared/content/legal/terms/Klarna/en_gb/checkout). You may be requested to identify yourself and credit reports may be pursued by the third party processor/provider. Where we use a third party for payments, we will not have access to or store any payment information.

The Products may be paid for by credit or debit card. You must keep the payment information accurate and up-to-date.

We may invoice you for the Products in advance or in arrears, with the frequency agreed for the period contracted. You agree that we may issue electronic invoices, which will be sent to the email address you have provided upon ordering of the Products. You must keep the payment information accurate and up-to-date.

We are entitled to perform a credit control when this is needed in order to be able to offer you a credit period. 

You agree to pay within the set time for the payment method you choose. Payment after due date can entail late payment fees and interest.

OUR LIABILITY

Warranty

We are liable for defects that were on the Products when they were purchased or delivered to you. A defect that becomes visible within six (6) months will be considered as having been there from start (unless we can prove that the defect was not there upon purchase/delivery). After six (6) months it is up to you to prove that the defect was there upon purchase/delivery.

We are not responsible for any defects caused by you, for example where you have not complied with maintenance instructions or if you have mistreated the Products.

Defects

Products are defect in the following events:

  • It is not compliant with what we have agreed, with regard to quantity or quality.
  • We have not informed you about details about the Products which you ought to have been informed about.
  • It is in worse condition than you could have predicted based on the Products’ price, age and other conditions.

Complaints

In the event that you consider the Products to be defect, you may make a complaint by using any of our Contact Information. You have to make the complaint within reasonable time (within two (2) months will always be considered as reasonable). You cannot make complaints in relation to defects discovered more than three (3) years after the purchase occassion of the Products. 

Your rights in the event of defects

In the event of defects, you may:

  • Withhold payment large enough to be security for your claim.
  • Require repair of the Products.
  • Require a new delivery, meaning that you will receive other equivalent products.
  • Require price reduction or compensation for repairing the Products.
  • Terminate the agreement, provided that the defect is of material importance to you.
  • Claim damages for costs that have arisen due to the defect. You may also claim damages in the event something other than the Products that belongs to you or your family has been damaged because of the defect Products.

We may first choose to repair the deficiency or provide you with other equivalent products, provided that this takes place within reasonable time.

Delay

Sometimes we may not deliver the Products within the period agreed between us (and you have not caused this delay). You can in the event of such delay: 

  • Withhold payment.
  • Require that we fulfil the order and deliver the Products.
  • Terminate the agreement, provided that the defect is of material importance to you.
  • Claim damages (you may claim economic damages for any damage caused by the delay).

Cancellation

You may always cancel the Products before they have been delivered to you. If you cancel the order, we are entitled to compensation for costs that we have had in relation to the order.

Third party services as a part of our Products

Sometimes we may rely on third party services and/or product providers. Such providers act beyond our reasonable control and we shall not be held liable for any damages caused by an action or omission attributable to them. 

If you are a consumer, we only supply the Products to you for private use. If you use the Products for any commercial, business and/or re-sale purpose, our liability to you will be limited as follows:

  • we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
  • our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the Products under the applicable order/contract.

Defects and delays beyond our control (force majeure)

We are not responsible for delays and defects outside our control. If our suppliers are delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided that we do this we will not be liable for defects and delays caused by the event, but if there is a risk of substantial defect or delay you may contact us to end the agreement and receive a refund for any Products you have paid for but not received. 

WITHDRAWAL RIGHT

Right of Withdrawal

In accordance with the Swedish Distance and Doorstep Sales Act (Sw. distansavtalslagen) you have the right of withdrawal within fourteen (14) days from the day on which you recieve the Products. 

To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by a clear written statement. Please contact us by using any of our Contact Information. You may also use this withdrawal form: The Swedish Consumer Agency’s (Sw. Konsumentverket) Standard form.

To meet the withdrawal deadline, it is enough for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you are a consumer and you withdraw from a contract with us, we will reimburse all payments received from you provided that the Products are returned in an unchanged condition. Refunds will be processed by using the same means of payment as you used for the initial transaction. 

Any Products received that you no longer want must be returned by you. Products that you wish to return shall be returned without undue delay and in no event later than thirty (30) calendar days from the day on which we are informed about your decision to cancel or until we have received evidence that the Products have been sent from you, whichever is the earliest. 

To return Products you ship the items (including receipt or other proof of purchase) to the following address: Swedish Tonic c/o Dream Logistics, Viaredsvägen 24, 504 64 Borås, Sweden. We will ask you to pay for the shipping costs for returning the Products. 

Withdrawal exemptions

Your right as a consumer to withdraw does not apply in respect of:

  • Products that quickly can deteriorate (for example food products).
  • Products specially manufactured upon your request and has a clear personal tough (e.g. photos).
  • Products which for health or hygiene reasons have been sealed and you have unsealed them.

PRIVACY

We process your personal data in accordance with our Privacy Policy.

PROPERTY AND INTELLECTUAL PROPERTY RIGHTS

Our rights

The Site is owned and operated by Swedish Tonic. All copyrights, trademarks, trade names, logos and other intellectual or industrial property rights held and used by us as well as those presented in the Functions (including titles, graphics, icons, scripts, source codes etc.) are our property or third party licensors’ property and must not be reproduced, distributed, sold, used, modified, copied, limited or used (in whole or in part) without prior written permission.

Respect for our property

You must not tamper with, attempt to gain unauthorised access to, modify, hack, repair or otherwise adjust any of our material, hardware, source-codes or information for any purposes. 

Respect for our intellectual property

The Products and other information, including all associated intellectual property rights, provided and made available by us, remain our exclusive property. You may not use our exclusive property for commercial or any other purposes without our written consent. 

APPLICABLE LAW

Swedish law shall apply to these Terms and our legal relationship in general. 

COMPLAINTS AND DISPUTES

If you have any complaints, please contact our support department by sending an email to support@swedishtonic.com. You may also contact us by filling out this contact form: .

We will always first try to solve your complaints through discussions between you and our support department. In the event of a complaint or dispute you may, however, always contact the Swedish National Board for Consumer Disputes (Sw. Allmänna reklamationsnämnden). 

Disputes regarding the interpretation and application of these Terms shall be resolved by the Swedish National Board for Consumer Disputes or by the competent ordinary court. 

Please also note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform available at ec.europa.eu/consumers/odr. 

COMPANY INFORMATION

Swedish Tonic AB is an entity registered in Sweden. 

Registered address: Hälsingegatan 6, 11323 Stockholm Reg. No: 559064-1493 VAT Reg. No: SE559064-149301