General Terms of pauligshop.com and pauligshop.fi e-stores
These terms and conditions ("Terms and Conditions") constitute the agreement for the sale and purchase of Products ("Agreement") by and between Gustav Paulig Ltd ("Seller") and the customer ("Customer" or "You").
1. Parties to this Agreement
This Agreement contains the Terms and Conditions of the use of pauligshop.com and pauligshop.fi e-stores (referred to hereinafter as "E-Store") owned by Seller. When a Customer completes the registration process or orders product(s), Customer agrees to this Agreement.
Customer acknowledges that these Terms and Conditions apply to all sales between Seller and Customer and that some of these Terms and Conditions only apply if Customer is a consumer and some apply if Customer is a business customer as specified later in this Agreement. Please make sure that You read these Terms and Conditions carefully so that You understand which ones apply to You and which constitutes the Agreement between You and Seller. In case Customer is a business customer, this Agreement is the entire agreement between Customer and Seller and no reference may be made to any other terms and conditions or negotiations between Customer and Seller and no addition to, or modification of any provision of this Agreement or any representation relating to the Products given by Seller, shall be binding upon Seller unless made in writing and signed by an authorized representative of each party.
In case Customer is a consumer, these Terms and Conditions do not limit the Customer's statutory rights under the relevant consumer protection legislation; neither do they limit the statutory responsibility in cases where the product is defective.
Seller reserves the right to modify these Terms and Conditions at any time to reflect changes in relevant laws and regulations and any other circumstances which are reasonable in Seller's opinion. In case Seller modifies these Terms and Conditions, Seller shall provide the updated Terms and Conditions on E-Store. The most recent Terms and Conditions shall apply to any orders made after an updated Terms and Conditions are made available on E-Store.
Contact details of Seller:
Gustav Paulig Ltd / Consumer service
Satamakaari 20, 00980 Helsinki
Business ID Number: 0832591-6
E-mail: [email protected]
2. Use of the E-Store and ordering Products
2.1. The E-Store is intended for Customer who may be private individuals, i.e., consumers, or institutions and companies, business customers.
2.2. "Products" shall mean different Products described and made available by Seller on E-Store. Products may be subject to limited availability and Seller reserves the right to decline to sell and/or cancel any order of Products to any Customer or impose further terms and conditions prior to accepting a specific order due to compliance or commercially reasonable reasons. A binding Agreement between Seller and Customer is considered to be entered into when Customer receives Seller's approval for an order placed on E-Store.
2.3. This Section 2.3 shall apply only to Customers, who are business customers. Once the order is accepted by Seller, no order may be cancelled, modified or suspended by Customer without the prior written approval of Seller. Our return policy does not apply to orders made by business customers.
2.4. You must be eighteen (18) or older to order Products from E-Store.
2.5. Everything on E-Store, including images, drawings, sound, graphics and text, is protected by worldwide copyright and other proprietary laws and treaty provisions.
2.6. This Section 2.6. shall apply only to Customers, who are consumers. If Customer is a consumer, Customer has the legal right to cancel the Agreement as specified in Sections 9.1-9.9 in more detail.
3. Product descriptions and fitness for purpose
3.1. Unless expressly notified by Seller in writing, nothing on E-Store may be taken as representation of the Products.
3.2. This Section 3.2. shall apply only to Customers, who are business customers. All drawings, descriptions, specifications and marketing material provided by Seller on E-Store are published for the sole purpose of providing Customer with a general idea of the Products and shall not be used or relied on by Customer and they shall not form a part of this Agreement.
3.3. Any typographical or other error on E-Store (including price list), label, packaging, invoice or other documentation issued by Seller may be corrected by Seller, without liability to Customer, at any time either by correcting any such matter in public or by publishing the correction on E-Store or by notifying Customer in writing. Such correction shall be effective immediately.
3.4. This Section 3.4. shall apply only to Customers, who are business customers. Customer acknowledges and agrees that irrespective of any possible guidance provided on E-Store by Seller, in determining whether the Product will be fit for purpose anticipated by Customer, Customer shall not rely on said guidance on information provided on E-Store.
4. Registration and Customer responsibilities
4.1. The Customer can register to E-Store by filling out the electronic register form and choosing a user name and password. To register the Customer must provide his/her name, address and e-mail address. In addition, business customers must include their business-ID and VAT number. The Customer accepts responsibility for all activities that occur under his/her/its account or password. The Customer is solely responsible for maintaining the security of the password. Registration is free of charge.
4.2. The Customer warrants to Seller that the information Customer provides in order to use the E-Store and during the use of E-Store and any notification of change of such information is true and correct.
4.3. The Customer warrants that he/she is over eighteen (18) years old.
4.4. Prior to commencing to use the E-Store Customer warrants that Customer has read and agrees to these Terms and Conditions and pledges oneself to comply with these Terms and Conditions and this Agreement.
4.5. This Section 4.5 shall apply only to Customers, who are business customers. The Customer ordering on behalf of a business customer warrants that he/she has sufficient authority to order the Products in question and bind the business customer in question to this Agreement.
6. Payment Terms
6.1. Seller shall be entitled to invoice from Customer the price and possible other amounts in advance.
6.2. Unless otherwise agreed by Seller, payment must be received by Seller prior to delivery and Seller may hold back delivery of Products until receipt of payment. No payment is considered received until received by Seller in cash or cleared funds.
6.3. Seller reserves the right to reject any order at its sole discretion.
6.4. Unless otherwise expressly agreed by Seller, the payment shall be made in the same currency as the price. Payment is to be made by Customer either by credit or debit card, for which Seller accepts Visa, MasterCard, Diners Club, or electronic funds transfer to the bank account provided on E-Store by Seller.
7. Product prices
7.1. The Product price is the price displayed for the Product on E-Store at the time of ordering. Seller shall use its reasonable efforts to ensure that Product prices are accurately specified on E-Store and reserves the right, by giving notice to Customer prior to an order is accepted, to adjust the price to reflect any changes in the costs to Seller of delivering Products which is due to a) reasons beyond the reasonable control of Seller or b) any increase of costs, if the Products are not delivered in accordance with this Agreement.
7.2. All the Product prices and delivery charges are displayed in euros (EUR).
7.3. For all orders within the EU Product prices and delivery charges include VAT.
7.4. This Section 7.4. shall apply only to Customers, who are consumers. In accordance with Sections 7.2. and 7.3. above, the price is in euros (EUR) and inclusive of VAT, delivery charges and standard packaging to the extent the order is made within the EU. The Price is exclusive of all costs and charges in relation to non-standard packaging, carriage, delivery and postage and insurance or similar costs, which shall, as applicable, be paid in addition by Customer. Seller shall inform Customer in advance of the delivery, postage and other additional costs on E-Store. To the extent such costs cannot be reasonably calculated in advance, Seller shall inform Customer of the possibility of such costs in advance.
7.5. This Section 7.5. shall apply only to Customers, who are business customers. In accordance with Sections 7.2. and 7.3. the price is in euros (EUR) and inclusive of VAT to the extent the order is made within the EU but exclusive of any other taxes, duties and of all costs and charges in relation to non-standard packaging, loading, unloading, carriage and insurance or similar costs, which shall be paid in addition by Customer.
8.1. Delivery times may vary. Delivery time is determined by availability of the Product and order destination. Unless otherwise agreed by Seller, Products will be delivered to Customer by a carrier service chosen by Seller.
8.2. This Section 8.2 shall apply only to Customers, who are consumers. Notwithstanding anything stated herein, Products will be delivered to Customer without undue delay after the order is confirmed, however no later than 30 days from the conclusion of the contract.
8.3. Seller shall not be liable for delays in performing or failure to perform this Agreement or any obligations hereunder, which are directly attributable to causes beyond its reasonable control (force majeure), including, but not limited to, natural disasters, fires, strikes, labor disputes, war, acts or intervention by any governmental authority, failure of a common carrier, supplier, hardware, software, browser, or communications equipment, or network failure, congestion, or malfunction.
8.4. Seller reserves the right to deliver different Products ordered at the same time separately.
8.5. Seller takes responsibility over the loss or damage of the Product occurred during the delivery and transport.
9. Cancellation, returns of Products and refunds
9.1. These Sections 9.1.-9.9. shall apply only to Customers, who are consumers. If Customer is a consumer, Customer has a legal right to cancel the Agreement by notifying Seller of the withdrawal and cancellation within fourteen (14) days from receiving the Products. However, this cancellation right does not apply to sealed Products, which have been opened.
9.2. You must use Seller's form made available on E-Store or other unequivocal method. You may also contact Seller in writing to notify Seller of such cancellation by either sending an e-mail to [email protected] or by sending a letter to Gustav Paulig Ltd, Satamakaari 20, FI-00980 Helsinki, Finland. Unless the receipt of the notice may be otherwise verified, a notice sent by post is considered to be received by Seller on the seventh (7th) day from the posting date, and notice sent by electronic means on the date when the notice is sent.
9.3. If the Agreement is cancelled by Customer and Customer has returned the Product, Customer will receive a full refund of the purchase price Customer paid for the Product (excluding delivery charges). Seller will process the refund due to Customer within fourteen (14) days from the day on which Seller is notified of Customer's decision to cancel the Agreement subject to receipt of returned Products or sufficient evidence from Customer that the Products have been sent back.Customer is responsible for any costs associated with returning the item to us including any currency conversion and/or local or international taxes.
9.4. Notwithstanding anything stated herein, the Customer may have the right to return Products that are defective in accordance with the applicable consumer protection legislation. If Customer returns the Products to Seller because they are defective, Seller shall refund the price of a defective Product in full and any applicable delivery charges.
9.5. Seller shall make refunds by using the same means of payment as Customer. For the sake of clarity, Seller will refund Customer on the credit card or debit card used by Customer to pay. Customer will not incur any fees as a result of such refund.
9.6. The following shall apply, if the Agreement is cancelled by Customer but the Products were delivered to Customer. Customer has a right to return a Product if the hygiene Product still is sealed. The following shall apply to Product returns:
1. The order has been cancelled according to Section 9.1 of these Terms and Conditions by notifying Seller within fourteen (14) days from receiving the Product,
2. The Product is in good shape and all the parts of the Product are included in the package, and
3. The Product is in its original or an equivalent packaging.
9.7. The product must be returned no later than fourteen (14) days after cancellation.
9.8. When returning Products, Customer will be responsible for the costs for returning the Product and the risk of damages occurring during the return delivery.
9.9. Once your return is received and inspected, we will send You an email to notify You that we have received your returned item. We will also notify You of the approval or rejection of your refund.
If the return is approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment. The re-payment is exclusive of any additional costs of delivery incurred by Customer in choosing another method of delivery rather than Seller's standard delivery. All products must be returned carefully packed, in good shape and in their original box and/or package as specified in Section 9.6. above. The Customer shall be liable for any impairment of Products that have been used, and the Seller has the right to deduct from the repayment the difference between the original value of the Product and its actual value at the time of the return. If the Product may no longer be used due to such use, the Customer shall be liable for the full value of the Product and, if the Customer wishes to have the Product re-delivered to him/her, for the costs of delivery of such re-delivery.
10. Changes to E-Store, Seller's policies and these Terms and Conditions
10.1. Seller reserves the right to make changes to E-Store, Seller's policies, and these Terms and Conditions at any time. All changes to these Terms and Conditions are published in E-Store.
11. Property in the Products
11.1. Title in all Products shall be retained by Seller until Seller has received full payment of all sums due.
11.2. This Section 11.2. shall apply to Customers, who are business customers. In the event the parties have exceptionally agreed on a longer payment term for the Customer, Customer must a) hold Products clearly marked as Seller's property and protect Seller's interests in the Products, b) store the Products (at no cost to Seller) separately from other products or goods of Customer in a manner that the Products remains identifiable as Seller's property and shall not mix with any other products or goods, c) not pledge or allow any lien, charge or other interest to arise over the Products, d) maintain the Products in their original condition and e) keep such Products insured on Seller's behalf.
12. Limitation of liability
12.1. This Section 12.1. shall apply only to Customers, who are consumers. If Customer is a consumer, Seller's liability for loss or damage is limited in accordance with the Finnish Consumer Protection Act or consumer protection legislation of the domicile of the Customer, if applicable.
12.2. This Section 12.2. shall apply only to Customers, who are business customers. If Customer is a business customer, Seller's aggregate liability to Customer for any direct damages in relation to 1) a single Product shall be limited to the price payable by Customer for such Product; and 2) in case of more than one (1) Product, shall be limited to the total amount paid by Customer (exclusive of VAT or any other taxes, charges or costs) to Seller for Products in question.
13. Jurisdiction and settlement of disputes
13.1. This Agreement will be interpreted, construed and enforced in all respects in accordance with the laws of the Republic of Finland. Any contractual disputes are primarily settled through negotiations, in other cases disputes are settled at the Helsinki District Court, Finland, unless the consumer protection legislation of the domicile of the Customer, who is a consumer, provides a mandatory alternative.
13.2. This Section 13.2. shall apply only to Customers, who are consumers. If a dispute concerning this Agreement cannot be resolved through negotiations between the parties, the Customer can submit the matter
a) to the Online Dispute Resolution of the EU Commission (https://webgate.ec.europa.eu/odr/main/?event=main.home.show);
b) to the Consumer Disputes Board (www.kuluttajariita.fi/en) for resolution, in which case before taking the matter to the Consumer Disputes Board, the Customer should contact the Local Register Offices' Consumer Advisory Service (www.kuluttajaneuvonta.fi), or
c) to the consumer authority dispute body of the domicile of the Customer, if applicable and available.
14. Language of this Agreement
The parties have agreed that this Agreement and related documents shall be written in English.