You hereby undertake to ensure that no other than you, including other people hired by the Customer, can use your user credentials. You may not reveal your username or password to anyone unauthorized and shall ensure that the document/s setting the username and password is stored in such a way that no unauthorized person has access to the information. You shall immediately notify Gulled if you suspect that an unauthorized person knows your password.
If Gulled suspect that you abuse your account or login information or otherwise violates these General Conditions Gulled has the right to suspend you. Gulled is also entitled to assign you new login information for whatever reason.
GULLED’S GENERAL CONDITIONS OF SALE
- These general conditions of sale (“General Conditions”) shall apply for all Calle Gulled Agenturer AB’s (“Gulled”) sales to the Customer (the “Customer”) unless otherwise is agreed in writing. Any general conditions referred to by Customer shall be valid only if accepted in writing by Gulled.
- These General Conditions together with the purchase order and Gulled’s order confirmation constitute a binding order (“the Order”).
- Consumers may not purchase directly from Gulled and these General Conditions thus do not apply in relation to consumers.
The Customer may order the products included in Gulled’s current product range consisting of i.e. furniture, textiles and interior design accessories (the “Products”). The product range is available on Gulled’s webpage at www.gulled.se, www.gulled.se/fi, and www.gulled.se/nb (the “Website”) and in Gulled’s current product catalogues which may be supplied by Gulled.
- The Customer shall place its order with Gulled by e‑mail or online at Gulled’s e-commerce site available on the Website.
- An order is binding on Gulled once it has been confirmed by Gulled. This applies regardless of how the Customer has placed his order.
- The Customer has no right to cancel any order placed after Gulled has confirmed the order.
- PRODUCT INFORMATION
- The Customer may download and use any material that Gulled has made available for downloading on its Website. Upon Gulled’s request the Customer shall immediately cease any and all use of the downloadable material.
- Gulled shall have no liability in case Products are sold out and reserves the right for any image or typographical errors in the product catalogues or on the Website, e.g. errors in the product description, inaccurate prices or other incorrect information. Gulled is entitled to rectify any such errors also after confirming an order and, at any time, to change or update the information.
- Any image details in the product catalogues or on the Website shall be considered as illustrations only. Such illustrations do not guarantee to reproduce the exact number of Products the Customer in each package nor the exact appearance (including colour), function or origin of the Product.
- Gulled shall have no liability regarding changes or termination of manufacture of any Product. Gulled is not responsible for any information or pictures by third parties on the Website.
- Gulled will arrange for delivery of ordered Products at the Customers expense. Applicable delivery costs are stated in Gulled’s from time to time applicable pricelist or at the Website. The risk of loss or damage to the Products passes to the Customer upon delivery.
- Any time of delivery stated by Gulled is an estimation. Gulled may deliver the ordered Products in separate deliveries. Gulled will not have any liability to the Customer for any delay in delivery. Unless otherwise agreed between the parties, the Customer has no right to cancel an Order due to delayed delivery.
- Upon delivery the Customer shall inspect the delivered Products. The Customer shall notify Gulled in writing of any shortage or defect in the delivered Products within five working days from the delivery date. Should the Customer neglect to notify Gulled in accordance with the provisions above the Customer shall lose the right to claim any such deviation and damages.
- Any delivered Products can only be returned in accordance with Gulled’s prior written consent.
- Any prices are given in the currency stated in the order confirmation and are, unless otherwise stated, exclusive of VAT, delivery costs and – for shipments to Norway – custom clearance fees.
- The prices for the Products are stated at Gulled’s Website or current price list unless the Customer and Gulled have entered into a separate agreement thereon. Gulled shall have the right to change the prices for the Products at any time.
- Unless otherwise agreed between the parties, payment shall be made in advance and in the currency stated in the invoice, in the order confirmation or at the Website. The Products will be dispatched to Customer only upon receipt of payment in full from the Customer.
- In the event a credit facility has been arranged, the payment shall be made no later than 30 days from the date of the invoice, unless otherwise agreed. The delivered Products remain Gulled’s property until Gulled has received payment in full from the Customer. Upon delayed payment interest on arrears shall be charged in accordance with the Swedish Interest Act. Gulled shall furthermore have the right to withhold deliveries of Products to the Customer, demand that acceptable securities be provided, amend the terms of payment and any possible credit limit and cancel the Order upon delayed payment. Should the Customer not pay in time Gulled shall have the right to send reminders and charge a fee for such reminders. Should the Customer not effect payment within 10 days from the reminder, any invoices due may be given to a debt collector without any further notice from Gulled. Any collection charges shall be charged for sending reminders according to the Swedish Debt Recovery Act (1974:182).
- TERM AND TERMINATION
- These General Conditions shall apply to any Order placed by the Customer and any Product delivered by Gulled to the Customer under such Order. Gulled reserves the right to change these General Conditions at all times.If the Customer does not raise any objections to such changes, changes will become valid 30 days after Gulled has announced the changes on its Website or otherwise has informed the Customer about the changes.
- Without prejudice to any remedy it may have against the other party for breach or non-performance under these General Conditions, either party shall have the right to terminate an Order by giving the other party not less than 30 days’ notice in writing; (a) if the other party should commit or permit a breach or non-performance of material importance to the other party and should fail to remedy such breach or non-performance within 30 days after receipt of written notice; or (b) if the other party should enter into liquidation, either voluntary or compulsory, or become insolvent or enter into composition or corporate reorganisation proceedings or if execution be levied on any goods and effects of the other party or the other party should enter into receivership. Notice of termination shall be given without undue delay after the circumstance constituting the breach was or should have been known to the aggrieved party.
- In addition to the provisions stated above Gulled shall at all times have the right to terminate an Order with immediate effect if (i) the Customer has delayed payments, or (ii) the ownership of the Customer is essentially changed.
- WARRANTY FOR DEFECTIVE PRODUCTS
- Faults of quality and hidden defects which cannot be verified immediately after delivery shall be communicated to Gulled in writing within seven (7) days from delivery thereof. The seven (7) day warranty comprises defects existing at the time when the risk for the Products passed over to the Customer. Returns of Products shall not be made except upon written authorization by Gulled. If a Product is defective in accordance with above and the Customer is entitled to make a claim against Gulled based on the defect, Gulled undertakes to, at its own discretion, repair or replace the Products and/or of the assessed defective parts thereof, within the periods of time normally necessary, to the same delivery address as stated in the order confirmation relating to the delivery of the defective Products. The parties may also agree on the Customer being given a discount instead.
- Gulled shall not be liable for any defect due to the Customer or a third party not complying Gulled’s care instructions or for any defect caused by any misapplication, faulty installation or neglected maintenance and normal wear. The warranty does not cover fading, shrinking, swelling due to exposure to the sun or artificial lighting sources, moisture or temperature. Claims due to cuts, burns or pet damages are excluded.
- The only warranties given under an Order are those given expressly by Gulled in these General Conditions.
- When returning a defective Product the Customer shall comply with Gulled’s guidelines for returning products and making complaints in force at that time unless otherwise agreed by the parties. No compensation or replacement is granted if the defective Products are not returned to Gulled. The Customer shall have no right, without Gulled’s prior written agreement, to use or discard any Products which have been so complained as defective to Gulled in any way or to let any third party do so.
- Gulled shall only be liable for any damages which the Products may cause persons or other property if such liability is imposed upon Gulled according to the Swedish Product Liability Act (1992:18).
- The Customer shall without delay and in writing notify Gulled of any product liability demands imposed upon the Customer and shall attend to such demands in accordance with Gulled’s instructions. The provisions above shall also apply for any demands which may be imposed upon the Customer after termination of these General Conditions.
- INTELLECTUAL PROPERTY RIGHTS
- All intellectual property rights relating to the Products belong to Gulled or Gulled’s partners. This means that any trademarks, trade names, pictures and graphics, design, layout, marketing material and any other information attributable to the Products may not be reproduced or used without the prior written consent by Gulled.
- Subject to Clause 13, Gulled is liable for any infringement or alleged infringement upon a third party’s intellectual property right by a Product only to the extent the manufacturer of that Product is liable for such infringement or alleged infringement in relation to Gulled.
- PERSONAL DATA AND MARKETING
- LIABILITY, BREACH OF CONTRACT ETC.
- Notwithstanding the provisions otherwise set forth in these General Terms, the Customer is obliged to compensate Gulled for any costs Gulled incurs as a result of the Customer’s unjustified complaints, delays in payment or delays in receipt of deliveries.
- Gulled shall not be liable for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (however caused) which arise out of or in connection with an Order. Gulled’s total liability for each Order shall in any case be limited to the value of the specific Order.
- Gulled’s liability for any faults, insufficiencies, delays and other breaches of contract shall be limited to what is expressly stated in these General Conditions. The Customer shall have no right to resort to any other remedies than those given in these General Conditions.
- Gulled shall not be liable under the rules of lack of conformity in the Swedish Sale of Goods Act and the Swedish International Sale of Goods Act.
- FORCE MAJEURE
If and to the extent that either party’s performance of its obligations under an Order is impeded or made unreasonably onerous by circumstances beyond its reasonable control that it could not reasonably have been expected to have taken into account at the time the Order was entered into or to have avoided or overcome the effects of, such party shall be released from liability in damages and any other penalties for delay in performing or failure to perform such obligations.
All information which is not publically available, whether oral or written or in visual, electronic or tangible form, regarding or otherwise relating to a party or to any of its business matters, which has been disclosed or may be disclosed to the other party (the “Receiving Party”) or which the Receiving Party has or may otherwise become aware of in connection with an Order or otherwise, shall at all times be kept strictly confidential by the Receiving Party and not be used by it for any other purpose than the performance or enforcement of these General Conditions, nor be disclosed by it to any third party without the prior written consent of the other party (such consent not to be unreasonably withheld). The obligation of confidentiality does not apply when the Receiving Party is required by law, regulation or a governmental decision to disclose information.
- A party’s waiver of any of its rights or remedies under these General Conditions must be in writing and duly executed by it. No single or partial waiver of any such right or remedy shall preclude any other or further exercise of that or any other such right or remedy.
- Changes and additions to the terms and conditions or these General Conditions, including to this Clause 15.2 must be in writing and duly executed by the Parties.
- DISPUTES AND APPLICABLE LAW
- Any dispute, controversy or claim arising out of, or in connection with, these General Conditions, or the breach, termination or invalidity thereof, or any non-contractual obligations arising out of or in connection with these General Conditions, shall be finally settled by arbitration in accordance with the Arbitration Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Malmö, Sweden. The language of the arbitration shall be English (unless otherwise agreed by the disputing parties).
- All arbitral proceedings conducted pursuant to Clause 17.1, all information disclosed and all documents submitted or issued by or on behalf of any of the disputing Parties or the arbitrators in any such proceedings as well as all decisions and awards made or declared in the course of any such proceedings shall be kept strictly confidential and may not be used for any other purpose than these proceedings or the enforcement of any such decision or award nor be disclosed to any third party without the prior written consent of the Party to which the information relates or, as regards to a decision or award, the prior written consent of all the other disputing Parties.
- These General Conditions shall be interpreted and construed in accordance with the laws of Sweden.
Gulled, company registration no 556508-9090, address at Slussgatan 10, 211 30 Malmö, Sweden, +46 (0)40-979855 is responsible as data controller for the processing of your personal data.
We will process the personal data that you or your company have provided us with or that we have collected at our Website by way of cookies for the purpose of administering your company’s purchases and fulfilling our obligations to the company you represent. The personal data that Gulled processes include your name, e-mail address and phone number.
The data may be used for identification, direct marketing, customer surveys, newsletters and statistics. The data may also be used for communication with your company by sending e-mail to you. The data may also occasionally be processed with data from, or shared with our partners, such as advertising agencies for e.g. printing and distribution.
By registering as contact person on behalf of your company or creating a login account as representative of your company we will keep your data for as long as you are registered as contact person on behalf of your company or have a login account at Gulled as representative of your company. You may at any time deregister from being a representative for your company, or from having an account or from receiving our news letter.
In accordance with the applicable personal data legislation, you are entitled once every calendar year to, free of charge, receive information on which of your personal data is processed by us, regardless of how it has been collected. If you wish to receive such information, you can arrange to do so by making a written request to us. According to the applicable personal data legislation, your request shall be duly signed by you and sent by regular mail, see address above.
If your personal data is handled contrary to applicable data protection legislation you are entitled to having your personal data rectified, blocked or erased.
Your personal data will not be processed for purposes related to direct marketing if you oppose such processing. You are entitled, at any time, to withdraw any given consent for the processing of personal data. Such withdrawal may be limited to only include part of the processing, for example that which is connected to direct marketing.
There are two types of cookies: 1) a permanent cookie which remains on your computer for a determined period of time, 2) a temporary cookie (session cookie) which is stored temporarily in the computer’s memory during the time that you are visiting a web page. Session cookies disappear when you close your web browser.
By accepting this policy and/or using the Website, you agree to the processing of cookies as described above. If you do not accept cookies being used, you can turn off cookies in the security settings of your web browser. You can also set your web browser to ask you each time the Website tries to place a cookie on your computer. You can also use your web browser to delete previously stored cookies. See your web browser’s help pages for more information. Furthermore you can at any time delete cookies manually from your hard drive. Please note that if you choose not to accept cookies, functionality may be limited for some parts of the Website and the Website may not work as intended.