Conditions d'utilisation
TERMS OF PURCHASE
Introduction
Contracting parties: These Terms of Purchase (hereinafter referred to as the "Terms") apply between Arctic Roe of Scandinavia AB with company registration number 559035–8924 which has its registered office in Strömsnäsbruk, Sweden (hereinafter referred to as "Arctic Roe" and referred to as "we", "our", "us"), and the person ordering products (hereinafter referred to as "the Customer" and referred to as "you", "your") from the online store: arcticroe.shop (hereinafter referred to as "the Online Store"). The Customer and Arctic Roe are hereinafter collectively referred to as the "Parties" and separately as "Part".
Age limit: In connection with ordering Products through the Online Store, you as a Customer certify that you are at least 18 years old and that you can independently enter into a legally binding purchase agreement with Arctic Roe.
Terms and Conditions: These Terms and Conditions form an integral part of the purchase agreement that pertains to Products ordered through the Online Store. No conditions other than those represented here in writing apply to purchases made through the Online Store, unless the provisions of relevant legal provisions state otherwise. Only the CEO of Arctic Roe of Scandinavia AB has the authority to agree on terms of purchase that deviate from the Terms set forth herein.
Acceptance of general terms and conditions: By placing an order for Products through the Online Store, you as a Customer certify that you have read these Terms, that you accept the Terms and that you undertake an obligation to comply with them.
Language: This English language version of the Terms has been translated to English from Swedish. In case of interpretation problems, the Swedish version shall take precedence and the Terms shall be interpreted in accordance with the Swedish version and in accordance with Swedish law. This also applies regarding our Privacy Policy and Cookie Policy.
Definitions
Online Store: refers to the online store that is available through the domain arcticroe.shop which is owned by Arctic Roe of Scandinavia AB.
Customer: refers to a person who orders Products through the Online Store.
Third party: refers to someone other than Customer or Arctic Roe of Scandinavia AB.
Products: refers to all types of Products that are sold through the Online Store at any given time.
Food Products: refers to foods and eatables sold through the Online Store, such as caviar.
Payment service provider: refers to a Third Party that processes payments from the Customer on behalf of Arctic Roe of Scandinavia AB through the various payment methods provided in the Online Store.
GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
All references to "Personal Data", "Processing" (of personal data), "Data Subject", "Personal Data Breach", "Supervisory Authority" shall have the same meaning as set forth in Article 4 of the GDPR.
SCC: Commission implementing decision (EU) 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council.
Products
Food product - Caviar
We sell various types of Products, including Food Products such as caviar, which is a sensitive product of a fresh food nature. In addition, factors such as taste, saltiness, creaminess, etc. largely depend on the individual fish. We mainly follow the principle "one fish - one can", i.e. the caviar is not mixed between different fish individuals and there is thus a natural variation in the properties of the Food Product. We do not sell or ship Food Products with quality deficiencies. However, the Customer must be aware that minor variations in the taste experience are a natural consequence of the production process.
Receipt of delivery of Food Products
Furthermore, it is of the utmost importance that the Customer is available for receipt of ordered Food Products at times and places that the carrier has announced in advance. If the Customer does not show up or is not available, ordered Food Products will usually be returned to the shipping company's depot and can be delayed for a day or more, which may adversely affect the quality of the Food Products and this is something we cannot be held responsible for.
Best-before date and cold storage
Product information is stated on the Food Product, in accordance with the National Food Administration's regulations. This includes the best-before date. This date presupposes that the Food Product is stored in accordance with the instructions on the Food Product and in particular not in too hot temperatures. If the Food Product is stored at the wrong temperature, the shelf life will be significantly shorter, and risks may arise.
In the event of objections to Product quality, the Customer must document / prove that the Food Product has been stored in the designated temperature range from the time of receipt.
Product information
Incorrect information may appear on our website and / or in the Online Store and we reserve the right to correct discovered errors.
We do not guarantee that the images reproduce the exact appearance of the Products as a certain color difference between image and reality may occur depending on the screen, photo quality and resolution. We always try to expose the Products as accurately as possible.
Reservation for sold out Products
Products can be sold out. If a specific Product that the Customer has ordered is not in stock, we will contact the Customer. We will also refund the Customer for any payment that the Customer has made regarding such Product.
Ordering products
Ordering: Ordering of Products is made through the Online Store.
Electronic communication: By accepting these Terms, the Customer agrees that the order confirmation and withdrawal / complaint form will be sent to the e-mail address that the Customer registers in connection with the order.
Binding agreement: When the Customer completes the order by clicking on "Order" at the Online Store's checkout, the Customer undertakes an obligation to pay for the Products. We enter into a binding purchase agreement with the Customer when we send an order confirmation to the Customer's e-mail address that the Customer has registered in connection with the order. Only when the agreement is entered into will a payment for the delivery be accepted by us.
Order confirmation: The order confirmation contains all information about the ordered Products, such as price and billing and delivery address. If the Customer discovers any error in the order confirmation, the Customer must contact us immediately through e-mail: info@arcticroe.com. If the Customer has not received an order confirmation after the order has been completed, the Customer should first check its spam folder and then contact us if necessary.
Ownership of ordered Products: We own the Products that the Customer has ordered, until we have received full payment. In the event of non-fulfillment of the Customer's conditions, we have the right to take back the Products.
Prices
The current prices for the Products are stated in the respective Product page. All prices in the Online Store are stated in SEK (for Sweden) and Euro (for other European countries). All prices include 12% VAT for food and 25% VAT for other goods.
The total amount that the Customer must pay for the order is stated at checkout, as well as shipping and VAT, which are reported separately. The price stated in connection with the order is the price that applies to the purchase.
We have the right to freely change the prices published in the Online Store at any time. There may be misprints in the price list as well as inaccuracies in prices due to incorrect information or similar, and we reserve the right to adjust the price.
Payment
Payment must be made in accordance with the payment terms shown in the Online Store. According to the current alternatives, payment must be made in connection with the order through credit card or integrated Payment Service Provider (currently: Swish. The Customer is hereby informed that the Customer accepts the Payment Service Provider's terms and conditions and personal data processing, when the Customer makes a payment through the Payment Service Provider's payment service. Where applicable, an agreed advance payment to the designated bank account may also be made.
More information about Swish terms can be found via the following link:
Delivery
Our normal delivery times are 1-2 days through shipping company (see below). We usually only deliver: Monday - Wednesday.
In southern and central Sweden, delivery usually takes place within 24 hours. For other destinations it can be up to 48 hours. In the Stockholm area, our own representative may deliver in some cases.
For orders from abroad, a delivery can also be made within or after 24 hours, depending on the exact destination.
NOTE! Orders placed on weekends or public holidays are sent at the earliest on the first weekday after the weekend.
The stated delivery time for the placed order presupposes that payment is made on time. We reserve the right to claim compensation for damage that occurs in the event of non-payment or other defect in the purchase agreement.
Delay in delivery of Products through shipping company: In the case of delivery of Products through shipping company, we shall not be liable for any delays in delivery, if they arise as a result of force majeure situations or other circumstances beyond our control, or delay in services from any subcontractor due to such circumstances, even if a specific date has been agreed. In the event of such delays, we shall have the right to extend the delivery time until the circumstance beyond our control has lapsed or been remedied. We shall also have the right to terminate the purchase agreement against return of performance made by the Customer.
Styrofoam boxes with cooling containers: Food Products are sent in temperature-preserving styrofoam boxes with cooling containers in. The amount of cooling containers depends on the time of year and distance. Please note that styrofoam box and cooling containers are included in the price of Food Products. Styrofoam box and cooling containers are reusable and we may pay a deposit of up to 100 SEK for a returned styrofoam box with cooling containers. The amount can be used to receive a discount on the next order or the amount can be paid out to the designated bank account. Contact us at info@arcticroe.com regarding the return of styrofoam boxes with cooling containers and we will find the best way to carry out the return and benefit the environment.
Receipt of delivery: The Customer must receive the delivery of Food Products on time and place as notified by the carrier in advance. We reserve the right to charge an extra fee of 250 SEK for each delivery that is returned to us.
Unredeemed packages: Packages sent to a postal agent must be redeemed by the Customer within the time specified on the notification. We reserve the right to charge an extra fee of 250 SEK for packages that are not picked up on time and that are returned to us.
Right of withdrawal
According to the main rule in the Distance and Doorstep Sales Act (2005:59) consumers have a 14-day right of withdrawal, which means that consumers have the right to cancel a purchase made through the Online Store without stating any reasons within 14 days from receipt of the Product.
However, there are some exceptions to this main rule, which means that the right of withdrawal does not apply to certain types of Products. Section 11 (4) of the Distance and Doorstep Sales Act states that the right of withdrawal does not apply to agreements which "refers to a product that can quickly deteriorate or become too old" and section 11 (5) states that the right of withdrawal does not apply to agreements which "refers to a product which with a broken seal can not be returned due to health or hygiene reasons and the seal has been broken by the consumer".
The Food Products we provide are those that can quickly deteriorate or become too old, as the food is a sensitive product of a fresh food nature. The right of withdrawal does not apply to Products that have been sealed (sealed) for health or hygiene reasons and where the seal (sealing) has been broken by the Customer, typically the caviar. Even without broken sealing, the right of withdrawal is not possible as the character of the caviar requires stable storage in refrigerated temperature.
The right of withdrawal thus applies to all Products in the Online Store except the Food Products, such as caviar.
Exercise of right of withdrawal: The Customer must notify us that the Customer wishes to exercise the right of withdrawal within 14 days of the Customer receiving the delivery. If the Customer wishes to exercise the right of withdrawal, the Customer must notify us in writing through e-mail: info@arcticroe.com or by post to the following address: Arctic Roe of Scandinavia AB, Lagastigsgatan 6, 28732 Strömsnäsbruk. The message must state the Customer's name, address, e-mail address, order number and which Products the return applies to clearly and distinctly. The Customer can also exercise the right of withdrawal by using our withdrawal form, which can be downloaded through the following link: https://arcticroe.shop/policies/legal-notice, and send it to us. If the Customer chooses to exercise the right of withdrawal, the Products must be returned to us no later than the legislated period of 14 days after the Customer has sent the notice of withdrawal to us.
Return shipping: The Customer is responsible for the costs of return shipping, delivery and condition of the Products upon return. The Products should therefore be sent well packaged and in the original packaging. The Products must be returned in good unchanged condition.
Refund on exercised right of withdrawal: If the right of withdrawal is applicable and the Customer does not request a new Product, we will refund the order amount for the returned Products. If a decrease in value has occurred due to a used or damaged Product, we have the right to deduct the decrease in value compared to the original value of the Product. Refund must be made within 14 days from the day the Customer notified us that the Customer exercises the right of withdrawal. However, we have the right to make the refund only after we have received the returned Products or after the Customer proves to us that the Products have been returned. The refund is made in the same way as for the payment.
Complaints
Consumers have the right to complain about defects or deficiencies in goods within three (3) years from the receipt of the goods, provided that the consumer notifies the seller of the defect or deficiencies within a reasonable time after it is discovered. Complaints regarding Food Products should be made immediately upon discovery of defects or deficiencies.
We inspect all Products before they are sent to the Customer. Should the Product still be damaged or incorrectly dispatched when it arrives at the Customer, we undertake in accordance with current consumer protection legislation to rectify the defect free of charge. The complaint must be sent immediately after the defect has been discovered.
Remediation must take place within a reasonable time. We always have the right to repair or re-deliver a Product without having to justify this. We can replace the Customer with a new faultless Product or alternatively refund the Customer for the Product, and send the Customer a return shipping note for the faulty Product. In the event of a defect of material importance, the Customer may have the right to cancel the purchase. In the event of a complaint, the customer can also claim damages in accordance with the applicable consumer protection legislation.
The Customer must notify shipping damages to us in order for us to make a complaint against the shipping company.
How do you proceed with a complaint?
Any errors and defects must always be reported to info@arcticroe.com where the Customer states the Customers name, address, e-mail address, order number and a description of the error.
If the Customer wants to complain about a Product, the Customer can also use our complaint form which can be downloaded through the following link: https://arcticroe.shop/policies/legal-notice.
If we fail to rectify the defect or deliver a similar Product, we will refund the Customer for the defective Product in accordance with applicable consumer protection legislation. We are responsible for return shipping for approved complaints.
Any refund due to an approved complaint is made through the same method that the Customer used at the time of payment, unless otherwise specifically agreed between us.
We reserve the right to refuse a complaint if it turns out that the Product is not defective in accordance with current legislation. In the case of complaints, we follow guidelines from The National Swedish Complaints Board (www.arn.se).
Processing of personal data
When the Customer orders Products from us through the Online Store, we need to process the Customer's personal data in order to fulfill our obligations under the purchase agreement, for example to be able to deliver the Products to the Customer (legal basis for the processing of personal data: agreement). Your privacy is important to us and we process personal data in accordance with the GDPR. By entering into an agreement with us or contacting us, the Customer also gives us a general prior permission and consent for us to hire sub-processors in this way if described in our privacy policy. More information about our processing of personal data can be found in our privacy policy: https://arcticroe.shop/policies/privacy-policy.
Limitation of liability
We are not responsible for Third party applications, plugins or similar. We are also not responsible for external links or the content of external links that appear in our Website or the Online Store.
We are released from liability to the Customer, for delays and/or errors due to circumstances beyond our control due to force majeure situation or delay in services from subcontractor due to such circumstances, or if the fulfillment of contractual obligations is prevented due to force majeure nature situations such as, but not limited to, epidemics, pandemics, government decisions, strikes, fires, wars, mobilization, natural disasters or other circumstances beyond our control and the consequences of which we could not reasonably avoid or overcome. When the obstacle ceases, the obligation shall be fulfilled in an agreed manner.
We hereby disclaim all liability, to the extent permitted by applicable law. The Customer hereby agrees that we can not be held responsible for either direct or indirect damages and / or losses that arise for the Customer or Third parties, regardless of how the damage occurs. However, this disclaimer does not limit our liability to a greater extent than is permitted under current consumer protection legislation.
Should any provision of these Terms be found to be invalid by a general court, arbitral tribunal, The National Swedish Complaints Board or the European Commission Online Dispute Resolution, it shall not affect the validity or interpretation of the other provisions. Instead, if possible, a new provision should be formulated in the light of and the purpose of the invalid provision.
Intellectual property rights
We own all intellectual property rights, copyrights and trademark rights related to the Online Store, the Products we provide and Arctic Roe of Scandinavia AB (with the exception of intellectual property rights owned by our licensors or other Third Parties). We do not transfer any intellectual property rights to the Customer due to this agreement. Any use of the content from the Website or Online Store requires our prior written approval in each individual case.
Cookie Policy
Visitors to a website must, for the purpose of privacy, be informed that cookies are used. A cookie is a small text file that the website you are visiting requests to be stored on your device, in order to provide access to various functions. You can set your browser so that it automatically denies cookies and you can also delete stored cookies through your browser settings. The Online Store uses cookies and through these we can get information about your use of the website, location information and other user information provided through, among other things, a traffic measurement provider. More information about how the Website uses cookies can be read in our cookie policy: https://arcticroe.shop/pages/cookies.
Amendments etc.
The latest version of the Terms is always published in the Online Store. We reserve the right to update and change these Terms at any time. For example, it can be done to clarify the content, when offering new Products or if it is necessary due to changes in the law, government decisions, regulations or if it is required for technical, operational or safety reasons. Any changes take effect in connection with them being published in the Online Store and do not need to be announced in advance. The changed terms are accepted in connection with the order and apply to orders that take place after the changed terms have been published in the Online Store.
The Online Store: We have the right to, at any time and without prior notice, freely change the Online Store's design, layout, content, functions and similar.
Services: We have the right to change the range of our Products at any time, without prior notice, and the right to discontinue the provision of the Products and / or the Online Store.
Dispute resolution and jurisdiction
Disputes concerning the interpretation or application of these Terms shall be interpreted in accordance with Swedish law.
In the event that a dispute cannot be resolved in agreement between our customer service and the Customer, Customer as a consumer can turn to The National Swedish Complaints Board (ARN, www.arn.se, postal address: Allmänna Reklamationsnämnden Box 174, 101 23 Stockholm), which offers an alternative dispute resolution in consumer disputes.
For residents in an EU country other than Sweden, you as a Customer can submit complaints online through the EU Commission's digital platform for mediation in disputes, see http://ec.europa.eu/consumers/odr.
In the event of a dispute, we follow decisions from ARN or the corresponding dispute resolution body. If we do not reach a solution to the dispute through any alternative dispute resolution method, the dispute can be tried and finally decided by a general court in Sweden, unless otherwise provided by mandatory legislation.
Company information
Company: Arctic Roe of Scandinavia AB.
Reg. no: 559035–8924.
Post address: Lagastigsgatan 6, 28732 Strömsnäsbruk.
E-mail: info@arcticroe.com.
If you wish to get in touch with us, send an email to the above-mentioned e-mail address with your case and your contact details, and we will contact you shortly.