TERMS AND CONDITIONS
1. Introduction
These Terms and Conditions ("Terms") are valid between you and OBAYATY AB (“we”, “us”) (Reg. No 559294-8433) and govern your use of our website,obayaty.com, (the "Website") and your purchase of any products sold ("Products") through our Website. By accessing and using our Website and making a purchase, you agree to comply with and be bound by these Terms. Please read these Terms carefully before using our Website or making a purchase.
2. Eligibility
In order to use our Website and purchase Products you must be of legal age in your country of residence. By using our Website, you confirm that you are of legal age.
3. Product Information and presentation
We make every effort to provide accurate and up-to-date information about our Products, including descriptions, contents, prices, and availability. However, reserve the right to correct any errors, inaccuracies, or omissions without notice. Please note that due to the colour settings of your computer or mobile device, the colours, shades and tints displayed on the Website may differ somewhat from their actual representation. OBAYATY cannot be held responsible for any such discrepancy. We reserve the right to adjust prices, add additional cost, and adjust product assortment and related information without notice. These adjustments and changes will not affect any Orders that has already been placed.
4. Orders and Payments
Placing an Order: When you place an order on our Website, you are making an offer to purchase the selected Products. We may accept or reject your offer at our discretion. If we accept your order, we will send you an order confirmation via email with a copy of the Terms. We recommend that you save this confirmation to facilitate any further contact with us. Please note that if a clearly incorrect price has been listed on the Website and an order has been placed at that incorrect price, we reserve the right to cancel the order and refund any amount paid. If we need to cancel your Order, we will notify you. This action can be performed at any time until the Order has been delivered.
Payment: Payment for Products can be made using the payment methods available on our Website. All payments are processed securely, and we do not store your payment information. Payments by card are handled by Adyen with secure encryption and under strict banking standards. Your card details are sent directly to the bank and cannot be read or accessed by anyone other than your bank. There is no extra charge for card payments unless your bank charges you a fee. When paying by credit / debit card starting conditions apply as soon as the card transaction is approved. In the event that no payment has been received after submitting your order, we reserve the right to cancel your order.
5. Sales Tax and VAT
All prices shown on the website are inclusive of VAT/Sales Tax in accordance with applicable regulations. Please note that for delivery to countries outside of the EU, United Kingdom and United States, you may be subject to import duties and taxes which are collected when the shipment reaches your delivery address. You will be responsible for payment of such import duties and taxes. Please note that since these charges are outside of our control and vary from country to country, we cannot predict the amount prior to delivery. We refer to your local customs authority for additional information.
6. Fraud
All suspected instances of fraud are reported to the authorities, and we reserve the right to cancel your order if there is suspicion of fraud. This includes instances of orders made in another person’s name without their consent.
7. Shipping and Delivery
Shipping: We offer shipping to all locations listed on the Website. If your country of residence is not listed on the Website, we do not currently offer shipping there. Shipping times and fees may vary depending on your location and the selected shipping method.
Delivery: We will make all reasonable efforts to deliver your order within the estimated delivery timeframe. However, we are not responsible for delays caused by factors beyond our control. If there are any delays in the delivery of your Order will we notify you. If you do not receive any notification of the delay, please contact our customer support.
8. Returns and Refunds
Please review our Return Policy for information on returns, exchanges, and refunds.
9. Defects
If a product (i) deviates from or does not correspond with the description or information about the Products provide by us, or (ii) contains a defect, you may submit a complaint regarding the defective Product. If you want to file a complaint regarding your Order please contact our customer service department at [email protected]. In order to process your complaint, you might be required to return the Products to us. We are only responsible for original defects and our responsibility for defects does not cover, for example, defects caused by you or defects due to normal wear and tear. Complaints must be made within a reasonable time after the defect was discovered (a reasonable time is always considered to be two months), but within three years at the latest. We reserve the right to remedy any defects in the Products by either redelivery, price reduction or a refund. Any refund in the event of a complaint will be made without undue delay as soon as a complaint is approved.
10. Privacy
We value your privacy and handle your personal information in accordance with our Privacy Policy.
11. Intellectual Property
All content on our Website, including text, images, logos, and trademarks, is protected by intellectual property laws and is the property of OBAYATY AB or its licensors. You may not use or reproduce any of our content without our prior written consent.
12. Limitation of Liability
To the fullest extent permitted by law, OBAYATY AB and all it’s subsidiaries, licensees, officers, directors, owners, employees, agents or affiliates (collectively the “Indemnified Parties”) shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of your use of, or inability to use, our Website or the purchase and use of Products.
13. Force Majeure
If OBAYATY is prevented from fulfilling its obligations under these Terms and Conditions by circumstances outside of its control (“Force Majeure”), OBAYATY shall be exempt from all liability for any damages or penalties related to such inability to fulfill the obligations and OBAYATYs obligations under said Terms and Conditions shall be suspended. Such circumstances include, but are not limited to, war, civil war, revolution, riot, government intervention, strike, lockout, blockage, prohibitions, restrictions, sabotage, failure of electricity, telephone or internet services, fire, flood, natural disasters, or similar events. In the event of a risk that an obligation cannot be performed or will be delayed due to Force Majeure, we will notify you via email.
14. Statutory rights
Nothing in these Terms shall exclude, restrict or impede any rights that you as a consumer have according to any mandatory consumer protection laws in your country of residence.
15. Governing Law
These Terms and your use of the Website are governed by Swedish law. To the extent permitted by law, Swedish courts should have exclusive jurisdiction of any dispute arising from these terms of use and your use of the website.
16. Disputes
If you have a complaint about your Order, please contact out customer service department at: E-mail:[email protected]
In the event that a dispute cannot be resolved between you and OBAYATY ́´s customer service department, you as a consumer may contact the Swedish National Board of Consumers (“ARN”) to have the dispute resolved. ARN’s address is Box 174, SE-101 23 Stockholm and its website address is www.arn.se.
For residents of an EU country other than Sweden, complaints can be submitted online via the European Commission’s dispute resolution platform, seehttp://ec.europa.eu/consumers/odr.
17. Provisions Severability
If any part of these Terms and Conditions is held to be invalid or unenforceable, such determination shall not invalidate any other provision of these Terms and Conditions. Instead, the invalid terms and conditions shall be replaced with other terms in order to give effect to the commercial intentions of these Terms and Conditions.
18. Termination
We reserve the right to terminate your access to the Website at our sole discretion at any time without prior notice. Such termination could occur if we suspect that you have breached the terms of these Terms and Conditions.
19. Changes to Terms and Conditions
We may revise these Terms at any time without prior notice, however these changes will not affect Orders already made. The most current version of the Terms will be posted on our Website. Your continued use of our Website after any changes to the Terms constitutes your acceptance of those changes.
Last Updated: 2023-10-13