Terms and Conditions for Sale and Delivery

 

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CAT’S JOY LTD GENERAL TERMS AND CONDITIONS FOR SALE AND DELIVERY 11/2019

 

1. SCOPE OF APPLICATION

These Cat’s Joy Ltd General Terms and Conditions of Sale and Delivery (”General Terms”) apply to the sale of the Seller’s products to private persons of legal age at the Kissapuu.com online store (”Webshop”). These General Terms also apply to the delivery of the Seller’s products to the Buyer in connection with the abovementioned sale of products.

2. SELLER

In these General Terms, ”Seller” means Cat’s Joy Ltd (Finnish business ID: 2842678-3, address: Majatalonkatu 3, 20780 Kaarina, Finland) and any other possible entity to which Cat’s Joy Ltd has transferred its rights and obligations in accordance with these General Terms.

3. BUYER

“Buyer” means any private person buying products from the Seller in accordance with these General Terms.

4. SELLER’S PRODUCTS AND PRICES

Features of the Seller’s products and current prices are stated in product descriptions on the Webshop. All prices within the European Union include value added tax. The Seller has the right to always review and add without notice the statutory value added tax rate applicable at a given time. Orders to Norway, the United States of America and Canada do not include value added tax (VAT 0). In such orders, value added tax is deducted from the stated prices when the order is placed. The value added tax rate applicable at a given time and the amount of value added tax is specified on the Webshop shopping cart and in the order confirmation.

Prices no dot include any possible fees that a Buyer is responsible for, such as bank fees, local taxes and customs charges as well as any other fees ordered or set by an authority and relating to the Seller’s products or the sale and delivery of the Seller’s products to the Buyer in accordance with these General Terms.

The Seller reserves the right to change prices at any time.

A Buyer is responsible for reviewing the contents and price or his/her order, including the prices of each product, total price of the order and delivery fees, on the Webshop shopping cart before placing an order.

5. ORDER PLACEMENT AND DELIVERY

A Buyer’s order and products included therein are manufactured and delivered to the Buyer after the Buyer has placed an order and after the Buyer has been sent an order confirmation of the order and chosen payment method by email. If the Seller cannot, for any reason, confirm the Buyer’s order, the Buyer shall be informed of such without delay. If a Buyer has not received an order confirmation via email within 24 hours from placing the order, the Buyer must contact the Seller by email: info@kissapuu.fi (Finland), info@kissapuu.com (other countries) or by phone  (+358 40 734 0562) in order to confirm the placement of the order.

A Buyer must read and accept these General Terms in order to place an order. Placing an order constitutes a binding agreement between the Seller and the Buyer concerning the sale of the Seller’s products, to which these General Terms are applied.

An order is sent from the Seller to the Buyer within 5–10 business days from the placement of the order, unless otherwise specifically announced to the Buyer.

In orders to Finland deliveries are taken care by Matkahuolto at Buyer's cost. The delivery fee is dependent on the contents of the order (i.a. weight of the ordered product or products and the packaging, price varying from 9 € to 26 €). Buyer can also choose a home delivery service

Deliveries by Matkahuolto take on average 1–3 days to arrive. Matkahuolto delivers the ordered product or products to the Matkahuolto pick-up point chosen by the Buyer (R-kioski, K-Market or other Matkahuolto pick-up point). N.B! Parcel lockers should not be chosen as a pick-up point, as most Kissapuu products do not fit into a parcel locker.

Orders to countries other than Finland are delivered to the Buyer using the GLS Euro Business or Global Business Parcel service. The delivery fee is dependent on the contents of the order (i.a. weight of the ordered product or products and the packaging) and is between approx. EUR 19–56 / SEK 213–610 / NOK 158–455 / DKK 152–435 / £ 17–50 / USD 59–99.

Orders delivered using the GLS Euro Business or Global Business Parcel service are delivered to a Buyer from Monday to Thursday during regular business hours. After the first unsuccessful delivery attempt the order is delivered to a local pick-up point. Orders to Sweden weighing under 20 kg are delivered directly to a local pick-up point. A typical delivery time for orders to the European Union, Norway, United States of America and Canada is 5–8 working days, depending on the contents of the order and chosen delivery method.

Deliveries within the European Union include value added tax. Deliveries to Norway, United States of America and Canada do not include value added tax (VAT 0). The amount of delivery fees is automatically added to the total price of the order and is stated on the Webshop shopping cart before order placement.

The Seller is not liable for a delayed delivery of a Buyer’s order or damage caused by such delay arising out of or in connection with actions of the delivery company or any other cause outside the Seller’s control.

6. PAYMENT

A Buyer chooses the payment method for his/her order when placing an order on the Webshop. Payment method is chosen from the payment options available on the Webstore at a given time. In orders to Finland, a Buyer can pay for his/her order safely by using online banking codes of various banks, by debit- or credit cards, by invoice or in payment instalments. In orders to countries other than Finland, the payment options available are PayPal, Visa, Mastercard and American Express and in orders to Denmark and Norway also MobilePay.

Paytrail Plc acts as the collecting payment service provider. Paytrail Plc will be shown as the recipient on the Buyer’s bank or credit card statement. Paytrail Plc will forward the payment to the Seller. Paytrail Plc is an authorized Payment Institution.

The Seller can make changes to the available payment options at any time. The Seller is not obligated to accept payment methods other than the options stated on the Webshop at a given time.

The Buyer is responsible for reading and accepting the general terms and conditions of each chosen payment service provider or credit provider applicable at a given time when placing an order. Payment option descriptions and links to the terms and conditions of the payment service providers and credit providers are available on the Webshop.

7- RIGHT TO CANCEL, RIGHT OF EXCHANGE AND RETURN RIGHT

The Seller is committed to ensure that Buyers are completely satisfied with the Seller’s products. A Buyer residing in Finland has the right to cancel his/her order in accordance with the Consumer Protection Act.

The Seller’s products are mostly made to order items, which the Seller manufactures based on the choices that the Buyer has made from the options presented on the Webshop. The Seller’s products can also be customized to fit a Buyer’s special needs. With regard to such products, a Buyer does not have the right to cancel his/her order after having placed the order. The Seller may always decide not to grant a Buyer the right of exchange or the return right if the return or exchange concerns a customized product or a part thereof, including but not limited to poles of special length and felt-covered perches and levels.

With regard to products other than the above-mentioned customized made to order items, a Buyer has a right of exchange and a return right of 14 days in the event that the Buyer is not satisfied with a product. With the right of exchange, a Buyer can exchange a product for any other product, provided that the total price of the order including such other product does not exceed the total price of the original order. A Buyer must make the exchange or return to the Seller within 14 days from having received the order in accordance with the instructions below.


Instructions for exchanges and returns:

1. A Buyer must contact the Seller’s customer service by email: info@kissapuu.fi (Finland) or info@kissapuu.com (other countries). In his/her email, the Buyer must specify whether the Buyer wants to exchange or return a product or products. The Buyer must state his/her full name, name of the product to be exchanged or returned, order number and the reason for exchanging or returning the product. In case of exchange, the Buyer must also inform the Seller of the name of the product or products the Buyer wants to receive in exchange. If the order was made using online banking codes or debit or credit card, the Buyer must also provide the Seller with information of the Buyer’s bank account to which a possible refund is made.

2. The Buyer must deliver all products to the Seller unused and in perfect condition with the original packaging and product labels attached. Delivery of the product to the Seller must be made primarily by using the original cardboard box in which the products were delivered to the Buyer. The products to be exchanged or returned can also be packaged into some other sturdy and appropriate box.

FINLAND: The Buyer must deliver the exchange or return to a Matkahuolto pick-up point of his/her choice. When making the exchange or return at the pick-up point, the Buyer must use the return code 9529823 for the order to be automatically sent to the Seller. The Seller’s delivery address is: Kissan Ilo Oy, Majatalonkatu 3, 20780 Kaarina.

OTHER COUNTRIES (EU member states, Norway, United States of America and Canada): The Buyer must follow the Seller’s and General Logistics Systems Finland Ltd’s (GLS) instructions regarding the exchange or return. The Seller’s delivery address is: Cat’s Joy Ltd (Kissan Ilo Oy), Majatalonkatu 3, 20780 Kaarina, FINLAND.

3. A refund to the Buyer is usually made within 14 days from the date on which the Seller received the exchanged or returned product. The Seller makes the refund to the Buyer using the same payment method that the Buyer had chosen in the original order. In case of an exchange, the Buyer is refunded the possible difference between the total price of the order including the products received in exchange and the original order. In case of a return, the Buyer is refunded the price of the returned product or products, or if the Buyer returns the whole order, the total price of the order including original delivery fees. If the original order was made using online banking codes or debit or credit card, the return is made to the Buyer’s account.

The Buyer is responsible for paying the costs of the exchange or return of faultless and undamaged products.

If the exchanged or returned product has been damaged or used in violation of the Buyer’s statutory duty of care, or if the product has been damaged in transit due to negligent packaging by the Buyer, the Seller has the right to demand and collect compensation for the loss of value of the product from the Buyer up to the full price of the product.

8. FAULTY OF DAMAGED PRODUCTS AND COMPLAINTS

The Buyer must inspect the products after receiving his/her order from the Seller. If a product is faulty or has been damaged during delivery, the Buyer must make a complaint of such faulty or damaged product to the Seller by email info@kissapuu.fi (Finland) or info@kissapuu.com (other countries) immediately and at the latest within 14 days from having noticed the fault of damage. In his/her complaint, the Buyer must specify the fault or damage, his/her full name, order number, contact information and bank account information. The Buyer must also attach pictures or other evidence of the fault or damage to the extent possible.

The Seller inspects all complaints as soon as possible. A faulty product or damage to a product not resulting from the use of the product in violation of the Kissapuu Instructions for Use and Assembly is compensated to the Buyer primarily by replacing the faulty or damaged product with a new product. If such replacement with a new product is not possible, the Seller will negotiate with the Buyer a price reduction or as the last resort cancel the sale.

The Seller is responsible for all delivery fees resulting from returning the faulty or damaged product to the Seller as well as from the delivery of a new product to the Buyer. The Buyer must follow the instructions given to him/her by the Seller with regard to the processing of the complaint. Faulty or damaged products are sent to the Seller’s following address: Kissan Ilo Oy/Cat's Joy Ltd, Majatalonkatu 3, 20780 Kaarina, FINLAND.

9. PERSONAL DATA

Personal data submitted by the Buyer on the Webshop is processed in accordance with Finnish and European Union data protection legislation. The Seller processes a Buyer’s personal information i.a. for invoicing, processing of orders, managing client relationships, information purposes, marketing and for business development. Personal data processing  is explained in detail in the Seller’s privacy policy available on the Seller’s Webstore at: https://www.kissapuu.com/epages/kissapuu.sf/en_GB/?ObjectPath=/Shops/2017070401/Categories/PrivacyPolicy.

10. LIABILITY FOR DAMAGES AND PRODUCT LIABILITY

The Seller pursues to have the Webshop in function without interruption in a manner which allows for the placing of orders at any time. Notwithstanding the above, the Seller is not liable for any damage incurred by the Buyer or a third person arising out of or in connection with interruptions or malfunctions of the Webshop due to technical errors, telecommunication interruptions or other similar causes. The Seller is also not liable for lost information regarding the Buyer or for changes or deletion in the Buyer’s order or for any damage pertaining thereto, which results from or is in connection with the above-mentioned causes or any other cause.

The Seller is not liable for any damage resulting from or in connection with force majeure. Force majeure means unpredictable occurrences or changes in circumstances beyond the reasonable control of the Seller, including but not limited to labour disputes, strikes, riots, floods and other natural disasters, wars, labour shortages, fuel and material shortages, electricity and telecommunications interruptions and delivery problems. The Seller is not obligated to perform the sale and delivery of the products to the Buyer in the event that the Seller is faced with a force majeure situation that the Seller cannot with reasonable efforts overcome. In such a situation, the Seller has the right to cancel the agreement concerning the sale and delivery by way of notice to the Buyer.

The seller is not liable for any direct or indirect damage or other damage arising out of or in connection with the Seller’s products or the sale or delivery thereof, unless otherwise provided by mandatory law.

The Buyer is liable for assembling and using the Seller’s products in accordance with the Kissapuu Instructions for Use and Assembly as well as with due care. Using the Seller’s products for any other purpose than the intended use specified in the Kissapuu Instructions for Use and Assembly is strictly prohibited. The Seller is not responsible for product defects or any damage arising out of or in connection with the assembly or use of the Seller’s products in violation of the Kissapuu Instructions for Use and Assembly or the assembly or use of the Seller’s products without due care. The Seller is not liable for any damage to persons or objects other than the Seller’s product itself that is caused by anything other than a defect in the Seller’s product.

A Buyer must with due care examine and review the Kissapuu Instructions for Use and Assembly, which are delivered to the Buyer in connection with the delivery of the Buyer’s order. In case a Buyer gives the Seller’s product(s) to a third person, the Buyer must also give the Kissapuu Instructions for Use and Assembly to such third person.

11. AMENDMENTS

The Seller reserves the right to amend these General Terms and the Kissapuu Instructions for Use and Assembly at any time. The Seller’s General Terms applicable at each time are available on the Webshop and become binding and applicable from the moment they are made available on the Webshop.

12. ASSIGNMENT OF CONTRACT

The Seller has the right to transfer all its rights and obligations in accordance with these General Terms and pertaining to the sale and delivery of products in accordance therewith to a third party. After a Buyer has been informed of such transfer, the Buyer must make all its payments under these General Terms and the sale and delivery of products in accordance therewith to such third party.

13. KISSAPUU INSTRUCTIONS FOR USE AND ASSEMBLY AND DIFFERENT LANGUAGE VERSIONS

Kissapuu Instructions for Use and Assembly, which are delivered to the Buyer in connection with the delivery of the Buyer’s order, are applied as a part of these General Terms. When placing an order on the Webshop, the Buyer agrees to abide by the Kissapuu Instructions for Use and Assembly.

If the different language versions of these General Terms or the Kissapuu Instructions for Use and Assembly differ or diverge from each other in any way, the Finnish language version of these General Terms and Kissapuu Instructions for Use and Assembly are applied and override the English language versions.

14. APPLICABLE LAW

These General Terms, the Kissapuu Instructions for Use and Assembly and sales pertaining thereto are governed by and shall be construed in accordance with the laws of Finland, excluding its choice of law rules and principles.

15. DISPUTE RESOLUTION

Any and all disputes arising out of or relating to these General Terms, the Kissapuu Instructions for Use and Assembly or the sale or delivery of the Seller’s products to the Buyer shall be primarily settled in good faith negotiations between the Seller and the Buyer. The Buyer must contact the Seller primarily by email: (info@kissapuu.fi (Finland), info@kissapuu.com (other countries) or by phone  (+358 40 734 0562).

If the Parties fail to settle the dispute by negotiations, the dispute shall be finally settled in arbitration proceedings in accordance with the Rules of the Arbitration Committee of the Finnish Central Chamber of Commerce.  The number on arbitrators shall be one (1). The arbitration proceeding shall be conducted in Turku, Finland, in Finnish. The Seller and Buyer may separately agree that the arbitration proceedings are conducted in English.

In the event and to the extent that the arbitration agreement is deemed void, the dispute shall be settled in the Varsinais-Suomi District Court. A Buyer who is a consumer residing within the European Union, excluding Finland, may always bring a claim against the Seller in the court of his/her domicile.

Notwithstanding the above, the Seller has the right to commence court proceedings in the Varsinais-Suomi District Court or in any court with general jurisdiction over the matter to collect its outstanding amounts and due invoices from a Buyer.

If a dispute cannot be settled by negotiations between the parties, a Buyer who is a consumer may always forward the dispute to The Consumer Disputes Board (www.kuluttajariita.fi). Before forwarding the dispute to The Consumer Disputes Board, the Consumer must contact the Consumer Advisory Service (www.kuluttajaneuvonta.fi).

A Buyer who is a consumer residing within the European Union may also bring a claim against the Seller in an applicable forum via the European Online Dispute Resolution (ODR) platform (http://ec.europa.eu/odr). In such event, the Buyer must specify the Seller’s email info@kissapuu.fi (Finland) or info@kissapuu.com (other countries) as part of the Seller’s contact details when submitting a complaint on the ODR platform.