Genelec Webshop Terms of Sale

1 INTRODUCTION

1.1 General
These general terms and conditions of sale (the “Terms of Sale”) applies to orders, purchases and transactions made by customers in Sweden (“Customers”/”you”) through the online website [my.genelec.com] (the “Webshop”).

The items marketed and presented on the Webshop (“Products”) are sold within the EU by Genelec Oy, a Finnish company with Business-ID 0201193-4 (“Genelec”).

1.2 Contact details
If you wish to enter into contact with Genelec, please see our contact details below.

Address: Olvitie 5, 74100, Iisalmi, Finland.
E-mail: genelec@genelec.com.

2 WEBSHOP CUSTOMER SERVICE

2.1 Customer Service
Genelec’s Webshop Customer Service (“Customer Service”) is located at: https://support.genelec.com

You can also contact Customer Service by e-mail: webshop@genelec.com
Customer Service is available during business hours from 8:00 to 14:00 CET. We strive to be online during this time, but please note that we cannot guarantee availability.

2.2 Feedback
Customer satisfaction and a smooth shopping experience are of the utmost importance to Genelec. If you have any suggestions or feedback regarding our Products and/or services provided through the Webshop, we encourage you to contact Customer Service and give us the opportunity to make improvements.

3 GOVERNING TERMS AND CONDITIONS

3.1 Terms of Use
[The terms and conditions applicable to the use of the Genelec’s website www.genelec.se, including any sub-domains (the “Website”) are found here [link] (“Terms of Use”). For the avoidance of doubt, these Terms of Sale do not replace the Terms of Use since your purchase of Products (pursuant to these Terms of Sale) is conditional upon your acceptance of and compliance with the Terms of Use.]

3.2 Terms of Sale
These Terms of Sale apply to the commercial relationship between Genelec and Customers, including both business entities (“B2B Customers”) and individuals acting in the capacity of consumers (“Consumer Customers”).
Genelec reserves the right to modify these Terms of Sale without prior notice by publishing the updated terms and conditions on the [Website/Webshop].

4 CATEGORIES OF CUSTOMERS AND ACCEPTANCE
Orders can be placed by both Consumer Customers and B2B Customers. By ordering a Product through the Webshop, the Customer accepts and agrees to comply the Terms of Sale in force at the time of the order.

4.1 B2B Customers
Provisions in these Terms of Sale that specifically apply to Consumer Customers shall not apply to B2B Customers.
If you are purchasing Products in connection with your employment or as representative of a B2B Customer, you hereby represent to Genelec that you are authorized to bind the B2B Customer to these Terms of Sale.

4.2 Consumer Customers
Any provisions in these Terms of Sale that disadvantage Consumer Customers compared to the provisions outlined in the Swedish Consumer Sales Act (Sw. Konsumentköplag) and/or the Swedish Consumer Services Act (Sw. Konsumenttjänstlag) shall not apply to purchases and orders made by Consumer Customers through the Webshop.

If you are purchasing Products as a Consumer Customer, you hereby confirm that you are legally capable of entering into agreements, meaning you are 18 years of age or older and not under any form of guardianship or legal incapacity akin to that of conservatorship.

5 DATA PROTECTION

Genelec collects and processes personal data that you provide to us (e.g. when you [register your Webshop account], place an order or provide us with your delivery address). For further information on how and for which purposes we process and use your personal data as a data controller, please see our privacy policy which can be found here: www.genelec.com/privacy-policy.

[In conjunction with provision of the Products, Genelec may process personal data on the Customer’s behalf. When Genelec is a personal data processor on behalf of the Customer, the Customer accepts that such data processing is governed by the Genelec Personal Data Processing Agreement [which can be found here: [link]] (“DPA”). Genelec shall process personal data in accordance with the DPA, the Customer’s instructions and applicable law (as further specified in the DPA).]

6 PRODUCTS, PRICING, ORDERS AND PAYMENT

6.1 Products
The Products presented on the Webshop are sold by Genelec. Genelec reserves the right to modify at any time the range of Products offered on the Webshop.

The Customer acknowledges that the presentation and description of a Product on the Webshop is provided for information purposes only and does not represent an offer but shall be understood as a non-binding invitation for the Customer to submit an order.

6.2 Prices
The prices of the Products include applicable value added tax (VAT). Prices are valid until further notice, unless a change is otherwise indicated, e.g. in the case of current or upcoming promotions.

In the event of clearly incorrect price information – which differs significantly from the general market price level – being displayed in the Webshop, Genelec has the right to cancel the purchase order made by the Customer. If the purchase already has been paid by the Customer Genelec will make a refund to the Customer after the cancellation has been made.
The prices of the Products displayed in the Webshop include delivery and handling charges if the order amount is one thousand (1000) SEK or above. Delivery and/or handling charges for purchases with an order amount below one thousand (1000) SEK will be added to the order and indicated to the Customer at the Webshop checkout before the order is accepted.
Genelec reserves the right to modify the prices of the Products and other costs presented on the Webshop, provided that such modifications do not affect orders already placed.

6.3 Orders
Webshop orders are placed online at [www.genelec.se]. Products are ordered by adding them to the shopping cart in the Webshop, confirming that you have read and accept the Terms of Sale in force at the time of ordering and then confirming the required payment for the order of the Products at the checkout. The Customer is advised to carefully check the content of the shopping cart before placing the final order.

Receipt of the order is confirmed by an order confirmation sent by e-mail, which indicates the Products ordered, the price of the Products, any additional delivery and handling charges as well as information regarding who to contact in case the Customer regrets the purchase or has any questions regarding the purchase. To receive the order confirmation, a valid and correct e-mail address must be provided by the customer at the time of ordering.

Genelec reserves the right to refuse or to cancel an order for any reason including but not limited to instances where the Product is not in stock or no longer available.

6.4 Payment
The Customer may pay for their order in accordance with the payment options available in the Webshop at the time of the purchase. The payment options are determined by the country of delivery and the content of the shopping cart. If the Customer chooses to pay by invoice or instalment, the invoice will be sent by the chosen local payment service provider.
When paying, the Customer may use any promotional codes held which may entitle them to a price reduction. Genelec is under no obligation to honour any discount codes that have expired or have otherwise been misused or discontinued.

7 DELIVERY

7.1 General
Genelec will process orders and dispatch Webshop Products as soon as possible, typically on the same or next working day, depending on the Products ordered. The delivery time depends on the ordered Product(s) availability, i.e., if ordered Product(s) are in stock. Genelec will provide information concerning the applicable delivery times in the order confirmation provided to the Customer.

If it becomes evident that Genelec cannot adhere to the delivery times specified in the order confirmation, Genelec will promptly notify the Customer. Should the Customer decline the revised delivery schedule, the Customer reserves the right to cancel the order, upon which Genelec will issue a credit equivalent to the value of the cancelled order.

7.2 Liability for Delay in Delivery
For B2B Customers, Genelec shall not be held liable for any additional costs or inconveniences resulting from the B2B Customer's cancellation of the order due to delayed delivery. Only the price paid for the itemProduct/s and any delivery charges shall be refunded to the B2B Customer.

For Consumer Customers, Genelec shall only be liable for any additional costs or inconveniences resulting from the Consumer Customer's cancellation of the order due to the cancelled delivery if mandated by the Swedish Consumer Sales Act.

7.3 Delivery method
The order will be delivered according to the delivery methods established by Genelec from time to time, which may vary depending on the country of delivery. Upon packing and readiness for dispatch, a delivery confirmation and tracking number will be sent to the e-mail address provided by the Customer during the ordering process. The Customer will have the ability to track the dispatched order using the provided tracking code, subject to the inclusion of a tracking service by the chosen delivery method's partner.
Genelec retains the right to deliver the Products in multiple instalments should the size of the delivery or any other valid reason necessitate such action.

8 CONSUMER CUSTOMER'S RIGHT OF RETURN AND EXCHANGE
Consumer Customers have the right to cancel orders that have not already been dispatched from the stock of the Webshop. Consumer Customers wishing to cancel an order must contact Customer Service. Please see contact details under Section 2.1 above. Upon cancellation, Genelec will issue a credit equivalent to the value of the cancelled order.

Consumer Customers also have a thirty-day (30-day) right of return or exchange of whole or part of the order, calculated from the date the Consumer Customer received the ordered Product(s). Consumer Customers that wish to return or exchange an ordered Product, must contact Customer Service. Please see contact details under Section 2.1 above. Customer Service will provide the Consumer Customer with instructions how to return or exchange whole or part of the order and provide the Consumer Customer with return documents that must be printed before the return shipping.
The right of return or exchange applies only to unused and saleable Products in their original packaging. A Product will not be deemed as used in a manner affecting the right of return or exchange if the Consumer Customer has handled the Product solely to determine its nature, characteristics, and functionality.

Genelec shall cover shipping costs associated with the return or exchange of Products, provided that the Consumer Customer utilizes the return method as directed by Customer Service. Upon return, Genelec will issue a credit for the value of the returned Products. Full credit will only be granted if the Products are undamaged and returned in their original packaging. In the event of damage, the refund amount will be determined by Genelec based on the extent of damage.

The refunded amount for any cancelled or returned order (in whole or in part) will be credited to the Consumer Customer's bank account, which must be provided to Customer Service, within fourteen (14) days from the date of cancellation or return notification at the latest. Genelec reserves the right to withhold refund until the returned Product/s are received, or until the Consumer Customer provides proof of return.

Not collecting the ordered Products does not constitute a return. If the Consumer Customer fails to collect the delivered Products within the specified time limit and has not expressly informed Customer Service of their intention to exercise their right of withdrawal, Genelec reserves the right to impose a fee on the Consumer Customer equivalent to the delivery and return costs.

9 DAMAGED PRODUCTS AND COMPLAINTS

9.1 General
Genelec shall be responsible for any defects in the Products supplied to Customers in accordance with the relevant legislation in force at the time of supply. For its loudspeaker solutions, Genelec offers the warranty described at https://www.genelec.com/product-warranty-lifetime.
Upon receipt of the delivery, the Customer is responsible for checking without delay that the delivery includes the Products ordered and that the Products are free of defects.

9.2 B2B Customers
If a B2B Customer identifies any defects in the delivered Products, the B2B Customer shall promptly notify Customer Service. The B2B Customer has the right to lodge a complaint regarding the defect within thirty (30) calendar days of discovery.

Genelec is not liable to B2B Customers for any direct or indirect damages or loss of revenue resulting from the ordered Products. For B2B Customers, the Genelec's liability for damages is restricted to the provisions outlined in these Terms of Sale.

9.3 Consumer Customers
A Consumer Customer must report any defects in a Product within a reasonable timeframe after they should have become aware of the defect in the delivered Product. A complaint by a Consumer Customer made within two (2) months after the Consumer Customer notices that the Product was defective shall always be deemed to have been made within a reasonable timeframe.

When lodging a complaint, the Consumer Customer must provide Genelec with sufficient information to enable the complaint to be processed, such as the identification of the order and the defective Product, and a description of the defective Product.

If it is clear that the delivered package was damaged during delivery, a complaint must be made without any delay to Customer Service.
Genelec’s liability to Consumer Customers is solely governed by the Swedish Consumer Sales Act.

10 FORCE MAJEURE
In the case of force majeure, Genelec shall not be liable for any delay or other failure to uphold the agreed Terms of Sale.
With force majeure is meant circumstances that can comprise of, e.g., war or warlike situations, civil war, military mobilisation or military conscription of a similar scope, insurrection and riot, terrorism, sabotage, fire, flood, natural disaster, epidemic, pandemic, break-down of means of transport, discontinuation of the supply of energy, strike, lock-out or other general or local industrial action, requisition, seizure, public authority order, trade restrictions, payment restrictions, or currency restrictions, or circumstance comparable therewith.

11 APPLICABLE LAW AND DISPUTE RESOLUTION

11.1 Consumer Customers
For Consumer Customers, the Terms of Sale are governed by Swedish law and the mandatory provisions of the Swedish Consumer Sales Act shall apply to the commercial relationship between Genelec and the Consumer Customer.
In order to have a dispute between Genelec and a Consumer Customer decided on, the Consumer Customer may contact the Swedish National Board for Consumer Disputes (ARN), Box 174, 101 23 Stockholm, www.arn.se. Genelec will participate in the dispute resolution procedure and will abide by ARN’s recommendations. A Consumer Customer may also bring an action based on consumer protection legislation before the district court of their place of residence or domicile. Before taking the matter to a consumer dispute resolution body, the Consumer Customer is advised to contact the consumer advice centre in their country of residence.

Consumer Customers can also seek an out-of-court settlement of their online purchase dispute through the Online Dispute Resolution (ODR) platform run by the European Commission. For more information on the ODR platform, visit: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

11.2 B2B Customers
For B2B Customers, the Terms of Sale are subject to Finnish law. The commercial relationship between Genelec and the B2B Customer shall be primarily governed by these Terms of Sale, with Finnish trade law serving as secondary authority.

Both Genelec and the Customer shall make reasonable efforts to resolve any disputes arising from these Terms of Sale or their application through negotiation. If negotiations fail to achieve a mutually acceptable resolution, any disputes between Genelec and a B2B Customer shall be adjudicated by the District Court of Helsinki, Finland.