General Terms and Conditions

Most recently updated 2021-11-29

The following General Terms and Conditions apply to the sale of products (hereinafter the “Products") by Fyndiq AB, reg. no 556792-1712 (hereinafter “Fyndiq”), unless otherwise specifically agreed in writing between each consumer (hereinafter the “Consumer”) and Fyndiq. When selling to Consumers, Fyndiq applies the mandatory rules that follow from applicable legislation, including the Swedish Distance and Off-Premises Contracts Act (2005:59).

Products

Products sold on Fyndiq's web-based e-commerce platform (the "Platform") are published by Fyndiq after receiving offers from individual merchants and users of the Platform (hereinafter collectively referred to as "Stores") and after review and approval by Fyndiq. Fyndiq values that Consumers are satisfied with the Products that are advertised and marketed at the Platform, which also gives reason to impose far-reaching demands on the Stores. The Stores are thus responsible for ensuring that each individual Product complies with the product descriptions provided and for each individual Product with regard to for example special guarantees provided, that the Product meets the requirements set out for e.g. safety, health and environment, that the Product does not infringe the intellectual property rights of third parties (such as illegal copies), or in any way violates applicable rules, norms and practices. Fyndiq is very careful not to carry out marketing, sales or advertising of Products that do not meet the requirements that Fyndiq imposes on the Stores and the Products that are marketed at the Platform. Fyndiq therefore urges the Consumer to notify Fyndiq in the event of a suspicion of irregularity in a Product (even when there is no withdrawal or claim).

Purchases

Purchases of the Products take place at the Platform via https://fyndiq.fi/. Fyndiq enters into a purchase agreement with the Consumer only when Fyndiq has confirmed the order by an order confirmation via e-mail. Fyndiq does not enter into agreements with minors (under the age of 18) without the parent's approval. Fyndiq is not responsible for information on the Platform that originates from third parties. All image information should be considered as illustrations only and cannot be guaranteed to reflect the Product's exact appearance, nature or origin. In the event that a Product in Fyndiq's range has expired or for some other reason is not available with reasonable efforts, the purchase is cancelled after which the Consumer has the right to get a full refund regarding the purchase. We reserve the right to block you from further purchases via our website if we have reason to believe that you have placed orders that violate the provisions of these general terms or in violation of applicable law (e.g. if we suspect fraud).

Terms of delivery

General information on delivery of Products

Fyndiq does not have its own warehouse but use individual Stores that stock the Products both in and outside of Sweden, the European Union (EU) and the European Economic Area (EEA). According to the agreement entered into between each Store and Fyndiq, the Store is obliged to reserve and "earmark" the Products marketed at the E-marketplace for Fyndiq. The Consumer's order is sent from each Store's own warehouse after Fyndiq has confirmed the purchase via an order confirmation sent to the Consumer. If the Consumer has ordered Products that come from different Stores, the Products may be sent to the Consumer in different shipments.

The Consumer is responsible for all information that the Consumer provides to Fyndiq in connection with purchases, e.g. information on delivery address. Fyndiq or the Store concerned is not responsible for any problems (such as non-delivery or refund) that may arise due to incorrect or incomplete information to Fyndiq. The Consumer shall bear the additional costs that may arise in connection with the incorrect or incomplete information.

Some Products sold at the Platform have physical characteristics (size and/or weight) that do not make it possible to send these by regular mail, such products are referred to as "Cumbersome and/or heavy products". For Cumbersome and/or heavy products, special delivery terms apply, which are set out further below in this section.

Terms of delivery for Regular postal items

For all Products that do not constitute Cumbersome and/or heavy products ("Regular postal items"), the following delivery terms apply: The Stores are required to process the Consumer's order within 24 hours on working days in Sweden, and the Consumer must have received delivery of the Product within 16 working days in Sweden from the time the order confirmation has been sent to the Consumer unless otherwise is stated in the product advertisement and at checkout at the time of purchase. Consumers, who within the specified time from the purchase have not received any notice or notification of delivery should contact Fyndiq as soon as possible to ensure that there has been no error with e.g. the notification.

Terms of delivery for Cumbersome and/or heavy products

If a Product constitutes a Cumbersome and/or heavy product, it is normally stated in the Product's advertisement on the Platform. The Store that supplies the Cumbersome and/or heavy product must within 5 working days in Sweden, from the time the order confirmation has been sent to the Consumer, contact the Consumer to jointly determine the date for delivery of the Cumbersome and/or heavy product. The Store must offer the Consumer delivery no later than within 16 working days in Sweden from the day the order confirmation has been sent unless otherwise is stated in the product advertisement and at checkout at the time of purchase. Delivery of Cumbersome and/or heavy products normally requires the Consumer to be physically present and receive the Cumbersome and/or heavy product at its home address and the delivery to be carried out during regular office hours.

Delivery delays

If a delivery delay occurs, Fyndiq notifies the Consumer. The Consumer is always entitled to remedies in accordance with current consumer law if the Product has not been received within the promised delivery time. The Consumer's request for a remedy must be made in writing to Fyndiq via e-mail. However, the Consumer understands that there is no automatic right to terminate the sales contract in the event of delays that Fyndiq rectifies within a reasonable time. In the event of delayed delivery, the Consumer shall provide Fyndiq with a reasonable time to perform the sales contract.

Cancellations

In the event of cancellation, the Consumer may be required to compensate Fyndiq for costs and other losses that incurred before the cancellation was made (e.g. shipping costs) and Fyndiq may deduct such costs or loss from the payment that the Consumer has made to Fyndiq. If cancellation is made, Fyndiq will refund the purchase amount paid (with deduction of any reasonable costs or loss otherwise caused by the cancellation) without undue delay and no later than 14 calendar days after the cancellation request has been received. There may be occasions when it is impossible to fulfil an order, for example if an individual Store cannot fulfil its obligation to Fyndiq.

Transport damage

If the Product is being damaged or lost during transport to the Consumer, the Consumer should contact Fyndiq so that Fyndiq may assist the Consumer in its inquiries and questions concerning transport and delivery to the individual Store that has sent the Product. The Consumer bears the risk in the event of any returns and all returns must be made in accordance with instructions from Fyndiq. The Consumer is encouraged to report any transport damage to the shipping company as soon as possible after the Product has been received. Visible transport damage is encouraged to be reported immediately in connection with delivery, as such damage is typically covered by the shipping company's liability where the complaint period is usually very short. The Consumer is also encouraged to report any transport damage to Fyndiq within a reasonable time after the defect has been discovered or should have been discovered. If the Product has visible transport damage, the Consumer is responsible for unpacking and inspecting the Product's condition within a shorter period after receipt.

Uncollected packages

If the Consumer does not collect its package in time and the Product is returned, Fyndiq will charge the Consumer the actual shipping cost for the package (however, a maximum of EUR 16) incl. VAT per uncollected shipment for each Store. However, Fyndiq will refund the purchase amount paid to the Consumer, with deduction of the previously mentioned fee, without undue delay and no later than 14 calendar days after Fyndiq becomes aware that the Store in question has received the returned package.

Prices and payment

Fyndiq's prices and fees stated on the Platform include VAT, unless otherwise stated.

Fyndiq reserves the right to charge a shipping cost at the time of the order. The shipping cost is stated in full in connection with the purchase and no additional costs are added for a purchase in addition to what is shown at checkout.

Gift cards

Gift cards purchased at the Platform function as a valid means of payment for 1 year from the date of purchase, or during the shorter or longer period of time stated on the gift card, for all Products at the Platform with the exception of new gift cards.

Svea

Through a collaboration with Svea, Fyndiq offers Consumers to pay by e.g. invoice, instalment payment, card payment, direct bank or Swish via Svea.

The complete terms and conditions for Svea can be found here.

Security and privacy

All handling of the Consumer's data is encrypted with the highest level of security, using an SSL certificate issued by the Equifax Secure Certificate Authority.

Fyndiq processes the Consumer's personal data in accordance with the applicable Privacy Policy.

Fyndiq takes fraud and attempted fraud seriously and works actively to counteract these.

Right of withdrawal

The Consumer's right of withdrawal is regulated in the Swedish Distance and Off-Premises Contracts Act (2005:59) and by current practice. Fyndiq offers the Consumer a withdrawal period of thirty (30) calendar days on all Products except for the Products listed below. The withdrawal period begins to run from the day the Consumer receives the Product. If the Consumer has purchased several Products and these are delivered separately, the withdrawal period begins to run from the day the Consumer receives the last Product. For Products that the Consumer purchases between 25 November and 24 December, the Consumer has a right of withdrawal until 31 January of the following year or within thirty (30) days from receipt of the Products, whichever is later. During certain periods, for example around holidays or under unusual circumstances, Fyndiq may extend your right of withdrawal. In such cases, information of the extended right of withdrawal is given in connection with your purchase. The Consumer is thus entitled to withdraw from the purchase agreement by leaving or sending a notice to this effect within this period. Products that are sealed and only covered by the right of withdrawal if the sealing is unbroken and Products that are exempt from the right of withdrawal are listed below.

Fyndiq refunds the purchase amount paid without undue delay and no later than 14 days after receipt of the notice of withdrawal. Fyndiq may however withhold the refund until the return has been received or the Consumer has shown that the Product has been returned. The Consumer must pay for the return shipping and it is recommended to return the Product in its original packaging with associated wrapping. The Stores' return address may however vary, and the Consumer may be contacted by the Store concerned.

In order to exercise the right of withdrawal, Fyndiq recommends that the Consumer firstly contacts Fyndiq before the Consumer returns a Product (for contact information, please see the tab "Contact us"). By contacting Fyndiq's Customer Service page, you will receive quick help for handling return matters and when you make a request to exercise the right of withdrawal, Fyndiq will without delay confirm receipt of the message. You can also use Fyndiq's withdrawal form which you can find here.

In addition, the Swedish Consumer Agency (Sw. Konsumentverket) has produced a standard form for the exercise of the right of withdrawal, if the Consumer prefers to use it (http://publikationer.konsumentverket.se). Please also see the withdrawal model available on the Finnish Competition and Consumer Authority’s website here. The Consumer understands that the Consumer, in order to exercise the right of withdrawal, must return the Product no later than within 14 calendar days from having notified Fyndiq about the withdrawal. Unless the Product is returned within the prescribed time, the right of withdrawal cease.

For Products covered by the right of withdrawal, the Consumer may be obliged to reimburse Fyndiq for a diminished value of the Product to the extent this is due to the Consumer handling the Product to a greater extent than was necessary to ascertain its characteristics or function, which may be the case if the Product is returned in used or damaged condition.

Right of withdrawal for Cumbersome and/or heavy products

When exercising the right of withdrawal, the Product must be returned in new condition, i.e. unassembled and unused. The Consumer receives a return slip to use when returning the Product but pays for the return fee and is responsible for the condition of the Product during the return. The return fee may vary depending on weight and size and is informed about on a case-by-case basis.

The amount of the received return slip is deducted from the product price upon refund.

The Product must be returned in its original condition in original packaging or equivalent wrapping. Fyndiq reserves the right to make a diminished value deduction on the amount to be repaid to the extent that it is due to the Consumer having handled the Product to a greater extent than was necessary to ascertain its characteristics or function.

Exceptions to the right of withdrawal

Below are some product categories that fall outside of the Consumer's right of withdrawal. The Swedish Consumer Agency also informs about the exceptions from the right of withdrawal here. Further, The Finnish Competition and Consumer Authority informs about the exceptions here (in Finnish) or here.

Right of withdrawal does not apply to custom-made products

The right of withdrawal does not apply to custom-made products that have been manufactured based on your description, or that otherwise are clearly personalised.

Products and product categories that may be sealed by the Store and thus are exempted from the right of withdrawal if the seal is broken

· Underwear and sets of underwear;

· Swimwear;

· Wigs and hair extensions;

. Face masks;

. Respiratory masks;

· Piercing jewellery and earrings;

· Cosmetic products (including hair- and skincare products and perfumes);

· Self-adhesive products used directly on the skin;

· Digital audio- or video recordings or computer programs, such as CDs, DVDs, computer and video games etc.;

· Single issue of a newspaper or magazine;

· All types of so-called in-ear headphones (i.e. headphones inserted inside the ear), and

· Products similar or comparable with the above.

Warranty and right to complain

All Products sold at the Platform are sold with the statutory right to complain. The Consumer must notify Fyndiq of the defect within a reasonable time after the defect was detected or should have been detected. All consumer support goes through Fyndiq and complaints about purchases shall be made in writing. Complains can be made via [www.fyndiq.fi/kundservice], or alternatively to Fyndiq via e-mail to [email protected]. Fyndiq ensures that a return slip is provided for, or that return shipping is otherwise arranged for, and that return shipping is taken care of in the event of a complaint. The Stores' return address may however vary, and the Consumer may be contacted by the Store concerned.

Deviations from the normal rules of complaint are stated in the product advertisements, for example for Products sold in “as is” condition. These can be Products from bankruptcy warehouses, Products that may have certain defects (for example smoke-damaged clothing and the like), or Products with malfunctions. In such cases, the right of complaint applies if the Product is in a worse condition than the Consumer could have reasonably expected taking into account to the price of the Product and other circumstances.

Some Products are covered by special guarantees. In such cases, the scope of the guarantees is stated in the product advertisement alternatively included in the delivery of the Product.

In complaints and warranty matters, Fyndiq, or the Store concerned after consultation with Fyndiq, conducts an examination to determine whether there are any defects. If such an investigation reveals that there is no defect, Fyndiq or the Store concerned has the right to charge a fault-finding fee in accordance with the section below. In the event of a defect in the Product or order, the Consumer may temporarily have to pay for return shipping but is entitled to receive compensation for such costs.

In the event of a complaint, the Consumer is entitled to the remedies that follow from current consumer law. Thus, the Consumer understands that Fyndiq, or the Store after reasonable consultation with Fyndiq, has the right to primarily offer the Consumer rectification (e.g. repair) or redelivery if this can take place within a reasonable time and without extra cost or significant inconvenience to the Consumer. If such remedies cannot take place, the Consumer has the right to demand a reduction of the price or compensation to correct the defect. If the defect is of material significance to the Consumer, the Consumer has the right to terminate the sales contract. In the event of a defect which is not caused by the Consumer but is covered by a special guarantee provided by the Store, the Product will be repaired or replaced by the individual Store at the Store's expense. The Consumer has no further opportunity to demand compensation from Fyndiq apart from what follows from current consumer law. The Consumer should save and store the order confirmation and receipt from its purchase, since the Consumer must show documentation of the purchase when complaining about the Product.

Fault-finding fee etc.

If in a complaint or warranty case, when examining a Product, it turns out that the Product is not affected by a defect for which Fyndiq or the Store concerned is responsible, Fyndiq or the Store concerned that performed such an examination (or on whose behalf the examination was performed) has the right to charge the Consumer a reasonable fault-finding fee. The fault-finding fee may only be charged if the Consumer has been notified that such fault-finding fee may be charged for before the examination was carried out.

If in a complaint or warranty case, when examining a Product, it turns out that the Product is not affected by a defect for which Fyndiq or the Store concerned is responsible and the Consumer wants the Product to be returned, the Store must inform the Consumer about the cost of return shipping. If the Consumer still wants the Product returned, the Consumer must pay for the return shipping.

Disputes and choice of law

These General Terms and Conditions shall be governed by the substantive law of Sweden in addition to mandatory provisions on consumer protection in the country of residence of the Consumer. Disputes shall be settled in the country where the Consumer has its residency and Fyndiq offers its Products.

To have a dispute tried, you may also contact any National board for consumer disputes (such as the Consumer Disputes Board in Finland, www.kuluttajaritta.fi). The European Commission also provides an Online Dispute Resolution platform, use the following link to access the EU Dispute Resolution website: www.ec.europa.eu/consumers/odr. To contact Fyndiq, you may use the following e-mail address: [email protected]. In the event of a dispute, we follow the recommendations of the National board for consumer disputes and/or the EU's Online Dispute Resolution.

For questions or concerns about Fyndiq's General Terms and Conditions, please contact customer service.


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